    [Congressional Bills 116th Congress]
    [From the U.S. Government Publishing Office]
    [H.R. 133 Enrolled Bill (ENR)]

            H.R.133

                         One Hundred Sixteenth Congress

                                     of the

                            United States of America

                              AT THE SECOND SESSION

               Begun and held at the City of Washington on Friday,
                the third day of January, two thousand and twenty

                                     An Act

     Making consolidated appropriations for the fiscal year ending September
     30, 2021, providing coronavirus emergency response and relief, and for
                                 other purposes.

        Be it enacted by the Senate and House of Representatives of the
    United States of America in Congress assembled,
    SECTION 1. SHORT TITLE.
        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 <greek-e> 0533).
            (3) $6,000,000 from the unobligated balances available in the
        ``U.S. Customs and Border Protection--Construction and Facility
        Improvements'' account (70 <greek-e> 0532).
            (4) $3,098,000 from the unobligated balances available in the
        ``U.S. Immigration and Customs Enforcement--Construction'' account
        (70 <greek-e> 0545).
            (5) $658,000 from the unobligated balances available in the
        ``U.S. Immigration and Customs Enforcement--Automation
        Modernization'' account (70 <greek-e> 0543).
            (6) $1,718,108 from the unobligated balances available in the
        ``Coast Guard--Alteration of Bridges'' account (070 <greek-e>
        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

        SEC. 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 plan year in the following year after
        the original transfer period:
    The applicable percentage is:
        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:

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                                                                                                           Exchange
                           Chemical Name                                      Common Name                   Value
    ----------------------------------------------------------------------------------------------------------------
    CHF2CHF2                                                    HFC-134                                         1100
    ----------------------------------------------------------------------------------------------------------------
    CH2FCF3                                                      HFC-134a                                       1430
    ----------------------------------------------------------------------------------------------------------------
    CH2FCHF2                                                    HFC-143                                          353
    ----------------------------------------------------------------------------------------------------------------
    CHF2CH2CF3                                                  HFC-245fa                                       1030
    ----------------------------------------------------------------------------------------------------------------
    CF3CH2CF2CH3                                                HFC-365mfc                                       794
    ----------------------------------------------------------------------------------------------------------------
    CF3CHFCF3                                                   HFC-227ea                                       3220
    ----------------------------------------------------------------------------------------------------------------
    CH2FCF2CF3                                                  HFC-236cb                                       1340
    ----------------------------------------------------------------------------------------------------------------
    CHF2CHFCF3                                                  HFC-236ea                                       1370
    ----------------------------------------------------------------------------------------------------------------
    CF3CH2CF3                                                   HFC-236fa                                       9810
    ----------------------------------------------------------------------------------------------------------------
    CH2FCF2CHF2                                                 HFC-245ca                                        693
    ----------------------------------------------------------------------------------------------------------------
    CF3CHFCHFCF2CF3                                             HFC-43-10mee                                    1640
    ----------------------------------------------------------------------------------------------------------------
    CH2F2                                                       HFC-32                                           675
    ----------------------------------------------------------------------------------------------------------------
    CHF2CF3                                                     HFC-125                                         3500
    ----------------------------------------------------------------------------------------------------------------
    CH3CF3                                                      HFC-143a                                        4470
    ----------------------------------------------------------------------------------------------------------------
    CH3F                                                        HFC-41                                            92
    ----------------------------------------------------------------------------------------------------------------
    CH2FCH2F                                                    HFC-152                                           53
    ----------------------------------------------------------------------------------------------------------------
    CH3CHF2                                                     HFC-152a                                         124
    ----------------------------------------------------------------------------------------------------------------
    CHF3                                                        HFC-23                                        14800.
    ----------------------------------------------------------------------------------------------------------------

            (2) Review.--The Administrator may--
                (A) review the exchange values listed in the table
            contained in paragraph (1) on a periodic basis; and
                (B) subject to notice and opportunity for public comment,
            adjust the exchange values solely on the basis of--
                    (i) the best available science; and
                    (ii) other information consistent with widely used or
                commonly accepted existing exchange values.
            (3) Other regulated substances.--
                (A) In general.--Subject to notice and opportunity for
            public comment, the Administrator may designate a substance not
            included in the table contained in paragraph (1) as a regulated
            substance if--
                    (i) the substance--

                        (I) is a chemical substance that is a saturated
                    hydrofluorocarbon; and
                        (II) has an exchange value, as determined by the
                    Administrator in accordance with the basis described in
                    paragraph (2)(B), of greater than 53; and

                    (ii) the designation of the substance as a regulated
                substance would be consistent with the purposes of this
                section.
                (B) Savings provision.--
                    (i) In general.--Nothing in this paragraph authorizes
                the Administrator to designate as a regulated substance a
                blend of substances that includes a saturated
                hydrofluorocarbon for purposes of phasing down production
                or consumption of regulated substances under subsection
                (e), even if the saturated hydrofluorocarbon is, or may be,
                designated as a regulated substance.
                    (ii) Authority of administrator.--Clause (i) does not
                affect the authority of the Administrator to regulate under
                this Act a regulated substance within a blend of
                substances.
        (d) Monitoring and Reporting Requirements.--
            (1) Production, import, and export level reports.--
                (A) In general.--On a periodic basis, to be determined by
            the Administrator, but not less frequently than annually, each
            person who, within the applicable reporting period, produces,
            imports, exports, destroys, transforms, uses as a process
            agent, or reclaims a regulated substance shall submit to the
            Administrator a report that describes, as applicable, the
            quantity of the regulated substance that the person--
                    (i) produced, imported, and exported;
                    (ii) reclaimed;
                    (iii) destroyed by a technology approved by the
                Administrator;
                    (iv) used and entirely consumed (except for trace
                quantities) in the manufacture of another chemical; or
                    (v) used as a process agent.
                (B) Requirements.--
                    (i) Signed and attested.--The report under subparagraph
                (A) shall be signed and attested by a responsible officer
                (within the meaning of the Clean Air Act (42 U.S.C. 7401 et
                seq.)).
                    (ii) No further reports required.--A report under
                subparagraph (A) shall not be required from a person if the
                person--

                        (I) permanently ceases production, importation,
                    exportation, destruction, transformation, use as a
                    process agent, or reclamation of all regulated
                    substances; and
                        (II) notifies the Administrator in writing that the
                    requirement under subclause (I) has been met.

                    (iii) Baseline period.--Each report under subparagraph
                (A) shall include, as applicable, the information described
                in that subparagraph for the baseline period of calendar
                years 2011 through 2013.
            (2) Coordination.--The Administrator may allow any person
        subject to the requirements of paragraph (1)(A) to combine and
        include the information required to be reported under that
        paragraph with any other related information that the person is
        required to report to the Administrator.
        (e) Phase-down of Production and Consumption of Regulated
    Substances.--
            (1) Baselines.--
                (A) In general.--Subject to subparagraph (D), the
            Administrator shall establish for the phase-down of regulated
            substances--
                    (i) a production baseline for the production of all
                regulated substances in the United States, as described in
                subparagraph (B); and
                    (ii) a consumption baseline for the consumption of all
                regulated substances in the United States, as described in
                subparagraph (C).
                (B) Production baseline described.--The production baseline
            referred to in subparagraph (A)(i) is the quantity equal to the
            sum of--
                    (i) the average annual quantity of all regulated
                substances produced in the United States during the
                period--

                        (I) beginning on January 1, 2011; and
                        (II) ending on December 31, 2013; and

                    (ii) the quantity equal to the sum of--

                        (I) 15 percent of the production level of
                    hydrochlorofluorocarbons in calendar year 1989; and
                        (II) 0.42 percent of the production level of
                    chlorofluorocarbons in calendar year 1989.

                (C) Consumption baseline described.--The consumption
            baseline referred to in subparagraph (A)(ii) is the quantity
            equal to the sum of--
                    (i) the average annual quantity of all regulated
                substances consumed in the United States during the
                period--

                        (I) beginning on January 1, 2011; and
                        (II) ending on December 31, 2013; and

                    (ii) the quantity equal to the sum of--

                        (I) 15 percent of the consumption level of
                    hydrochlorofluorocarbons in calendar year 1989; and
                        (II) 0.42 percent of the consumption level of
                    chlorofluorocarbons in calendar year 1989.

                (D) Exchange values.--
                    (i) In general.--For purposes of establishing the
                baselines pursuant to subparagraphs (B) and (C), the
                Administrator shall use the exchange values listed in the
                table contained in subsection (c)(1) for regulated
                substances and the following exchange values for
                hydrochlorofluorocarbons and chlorofluorocarbons:

    ----------------------------------------------------------------------------------------------------------------
                                                         Table 2
    -----------------------------------------------------------------------------------------------------------------
                                                                                                           Exchange
                           Chemical Name                                      Common Name                   Value
    ----------------------------------------------------------------------------------------------------------------
    CHFC12                                                      HCFC-21                                          151
    ----------------------------------------------------------------------------------------------------------------
    CHF2C1                                                       HCFC-22                                        1810
    ----------------------------------------------------------------------------------------------------------------
    C2HF3C12                                                    HCFC-123                                          77
    ----------------------------------------------------------------------------------------------------------------
    C2HF4C1                                                     HCFC-124                                         609
    ----------------------------------------------------------------------------------------------------------------
    CH3CFC12                                                    HCFC-141b                                        725
    ----------------------------------------------------------------------------------------------------------------
    CH3CF2C1                                                    HCFC-142b                                       2310
    ----------------------------------------------------------------------------------------------------------------
    CF3CF2CHC12                                                 HCFC-225ca                                       122
    ----------------------------------------------------------------------------------------------------------------
    CF2C1CF2CHC1F                                               HCFC-225cb                                       595
    ----------------------------------------------------------------------------------------------------------------

    ----------------------------------------------------------------------------------------------------------------
                                                         Table 3
    -----------------------------------------------------------------------------------------------------------------
                                                                                                           Exchange
                           Chemical Name                                      Common Name                   Value
    ----------------------------------------------------------------------------------------------------------------
    CFC13                                                       CFC-11                                          4750
    ----------------------------------------------------------------------------------------------------------------
    CF2C12                                                      CFC-12                                         10900
    ----------------------------------------------------------------------------------------------------------------
    C2F3C13                                                     CFC-113                                         6130
    ----------------------------------------------------------------------------------------------------------------
    C2F4C12                                                     CFC-114                                        10000
    ----------------------------------------------------------------------------------------------------------------
    C2F5C1                                                      CFC-115                                         7370
    ----------------------------------------------------------------------------------------------------------------

                    (ii) Review.--The Administrator may--

                        (I) review the exchange values listed in the tables
                    contained in clause (i) on a periodic basis; and
                        (II) subject to notice and opportunity for public
                    comment, adjust the exchange values solely on the basis
                    of--

                            (aa) the best available science; and
                            (bb) other information consistent with widely
                        used or commonly accepted existing exchange values.
            (2) Production and consumption phase-down.--
                (A) In general.--During the period beginning on January 1
            of each year listed in the table contained in subparagraph (C)
            and ending on December 31 of the year before the next year
            listed on that table, except as otherwise permitted under this
            section, no person shall--
                    (i) produce a quantity of a regulated substance without
                a corresponding quantity of production allowances, except
                as provided in paragraph (5);
                    (ii) consume a quantity of a regulated substance
                without a corresponding quantity of consumption allowances;
                or
                    (iii) hold, use, or transfer any production allowance
                or consumption allowance allocated under this section
                except in accordance with regulations promulgated by the
                Administrator pursuant to subsection (g).
                (B) Compliance.--For each year listed on the table
            contained in subparagraph (C), the Administrator shall ensure
            that the annual quantity of all regulated substances produced
            or consumed in the United States does not exceed the product
            obtained by multiplying--
                    (i) the production baseline or consumption baseline, as
                applicable; and
                    (ii) the applicable percentage listed on the table
                contained in subparagraph (C).
                (C) Relation to baseline.--On January 1 of each year listed
            in the following table, the Administrator shall apply the
            applicable percentage, as described in subparagraph (A):

    ----------------------------------------------------------------------------------------------------------------
                                                         Percentage of Production        Percentage of Consumption
                          Date                                   Baseline                        Baseline
    ----------------------------------------------------------------------------------------------------------------
    2020-2023                                         90 percent                      90 percent
    ----------------------------------------------------------------------------------------------------------------
    2024-2028                                         60 percent                      60 percent
    ----------------------------------------------------------------------------------------------------------------
    2029-2033                                         30 percent                      30 percent
    ----------------------------------------------------------------------------------------------------------------
    2034-2035                                         20 percent                      20 percent
    ----------------------------------------------------------------------------------------------------------------
    2036 and thereafter                               15 percent                      15 percent
    ----------------------------------------------------------------------------------------------------------------

                (D) Allowances.--
                    (i) Quantity.--Not later than October 1 of each
                calendar year, the Administrator shall use the quantity
                calculated under subparagraph (B) to determine the quantity
                of allowances for the production and consumption of
                regulated substances that may be used for the following
                calendar year.
                    (ii) Nature of allowances.--

                        (I) In general.--An allowance allocated under this
                    section--

                            (aa) does not constitute a property right; and
                            (bb) is a limited authorization for the
                        production or consumption of a regulated substance
                        under this section.

                        (II) Savings provision.--Nothing in this section or
                    in any other provision of law limits the authority of
                    the United States to terminate or limit an
                    authorization described in subclause (I)(bb).

            (3) Regulations regarding production and consumption of
        regulated substances.--Not later than 270 days after the date of
        enactment of this Act, which shall include a period of notice and
        opportunity for public comment, the Administrator shall issue a
        final rule--
                (A) phasing down the production of regulated substances in
            the United States through an allowance allocation and trading
            program in accordance with this section; and
                (B) phasing down the consumption of regulated substances in
            the United States through an allowance allocation and trading
            program in accordance with the schedule under paragraph (2)(C)
            (subject to the same exceptions and other requirements as are
            applicable to the phase-down of production of regulated
            substances under this section).
            (4) Exceptions; essential uses.--
                (A) Feedstocks and process agents.--Except for the
            reporting requirements described in subsection (d)(1), this
            section does not apply to--
                    (i) a regulated substance that is used and entirely
                consumed (except for trace quantities) in the manufacture
                of another chemical; or
                    (ii) a regulated substance that is used and not
                entirely consumed in the manufacture of another chemical,
                if the remaining amounts of the regulated substance are
                subsequently destroyed.
                (B) Essential uses.--
                    (i) In general.--Beginning on the date of enactment of
                this Act and subject to paragraphs (2) and (3) and clauses
                (ii) and (iii), the Administrator may, by rule, after
                considering technical achievability, commercial demands,
                affordability for residential and small business consumers,
                safety, and other relevant factors, including overall
                economic costs and environmental impacts compared to
                historical trends, allocate a quantity of allowances for a
                period of not more than 5 years for the production and
                consumption of a regulated substance exclusively for the
                use of the regulated substance in an application, if--

                        (I) no safe or technically achievable substitute
                    will be available during the applicable period for that
                    application; and
                        (II) the supply of the regulated substance that
                    manufacturers or users of the regulated substance for
                    that application are capable of securing from chemical
                    manufacturers, as authorized under paragraph (2)(A),
                    including any quantities of a regulated substance
                    available from production or import, is insufficient to
                    accommodate the application.

                    (ii) Petition.--If the Administrator receives a
                petition requesting the designation of an application as an
                essential use under clause (i), the Administrator shall--

                        (I) not later than 180 days after the date on which
                    the Administrator receives the petition--

                            (aa) make the complete petition available to
                        the public; and
                            (bb) when making the petition available to the
                        public under item (aa), propose and seek public
                        comment on--
                                (AA) a determination of whether to
                            designate the application as an essential use;
                            and
                                (BB) if the Administrator proposes to
                            designate the application as an essential use,
                            making the requisite allocation of allowances;
                            and

                        (II) not later than 270 days after the date on
                    which the Administrator receives the petition, take
                    final action on the petition.

                    (iii) Limitation.--A person receiving an allocation
                under clause (i) or (iv) or as a result of a petition
                granted under clause (ii) may not produce or consume a
                produced quantity of regulated substances that, considering
                the respective exchange values of the regulated substances,
                exceeds the number of allowances issued under paragraphs
                (2) and (3) that are held by that person.
                    (iv) Mandatory allocations.--

                        (I) In general.--Notwithstanding clause (i) and
                    subject to clause (iii) and paragraphs (2) and (3), for
                    the 5-year period beginning on the date of enactment of
                    this Act, the Administrator shall allocate the full
                    quantity of allowances necessary, based on projected,
                    current, and historical trends, for the production or
                    consumption of a regulated substance for the exclusive
                    use of the regulated substance in an application solely
                    for--

                            (aa) a propellant in metered-dose inhalers;
                            (bb) defense sprays;
                            (cc) structural composite preformed
                        polyurethane foam for marine use and trailer use;
                            (dd) the etching of semiconductor material or
                        wafers and the cleaning of chemical vapor
                        deposition chambers within the semiconductor
                        manufacturing sector;
                            (ee) mission-critical military end uses, such
                        as armored vehicle engine and shipboard fire
                        suppression systems and systems used in deployable
                        and expeditionary applications; and
                            (ff) onboard aerospace fire suppression.

                        (II) Requirement.--The allocation of allowances
                    under subclause (I) shall be determined through a
                    rulemaking.

                    (v) Review.--

                        (I) In general.--For each essential use application
                    receiving an allocation of allowances under clause (i)
                    or (iv), the Administrator shall review the
                    availability of substitutes, including any quantities
                    of the regulated substance available from reclaiming or
                    prior production, not less frequently than once every 5
                    years.
                        (II) Extension.--If, pursuant to a review under
                    subclause (I), the Administrator determines, subject to
                    notice and opportunity for public comment, that the
                    requirements described in subclauses (I) and (II) of
                    clause (i) are met, the Administrator shall authorize
                    the production or consumption, as applicable, of any
                    regulated substance used in the application for
                    renewable periods of not more than 5 years for
                    exclusive use in the application.

            (5) Domestic manufacturing.--Notwithstanding paragraph
        (2)(A)(i), the Administrator may, by rule, authorize a person to
        produce a regulated substance in excess of the number of production
        allowances held by that person, subject to the conditions that--
                (A) the authorization is--
                    (i) for a renewable period of not more than 5 years;
                and
                    (ii) subject to notice and opportunity for public
                comment; and
                (B) the production--
                    (i) is at a facility located in the United States;
                    (ii) is solely for export to, and use in, a foreign
                country that is not subject to the prohibition in
                subsection (j)(1); and
                    (iii) would not violate paragraph (2)(B).
        (f) Accelerated Schedule.--
            (1) In general.--Subject to paragraph (4), the Administrator
        may, only in response to a petition submitted to the Administrator
        in accordance with paragraph (3) and after notice and opportunity
        for public comment, promulgate regulations that establish a
        schedule for phasing down the production or consumption of
        regulated substances that is more stringent than the production and
        consumption levels of regulated substances required under
        subsection (e)(2)(C).
            (2) Requirements.--Any regulations promulgated under this
        subsection--
                (A) shall--
                    (i) apply uniformly to the allocation of production and
                consumption allowances for regulated substances, in
                accordance with subsection (e)(3);
                    (ii) ensure that there will be sufficient quantities of
                regulated substances, including substances available from
                reclaiming, prior production, or prior import, to meet the
                needs for--

                        (I) applications that receive an allocation under
                    clause (i) of subsection (e)(4)(B); and
                        (II) all applications that receive a mandatory
                    allocation under items (aa) through (ff) of clause
                    (iv)(I) of that subsection; and

                    (iii) foster continued reclamation of and transition
                from regulated substances; and
                (B) shall not set the level of production allowances or
            consumption allowances below the percentage of the consumption
            baseline that is actually consumed during the calendar year
            prior to the year during which the Administrator makes a final
            determination with respect to the applicable proposal described
            in paragraph (3)(C)(iii)(I).
            (3) Petition.--
                (A) In general.--A person may petition the Administrator to
            promulgate regulations for an accelerated schedule for the
            phase-down of production or consumption of regulated substances
            under paragraph (1).
                (B) Requirement.--A petition submitted under subparagraph
            (A) shall--
                    (i) be made at such time, in such manner, and
                containing such information as the Administrator shall
                require; and
                    (ii) include a showing by the petitioner that there are
                data to support the petition.
                (C) Timelines.--
                    (i) In general.--If the Administrator receives a
                petition under subparagraph (A), the Administrator shall--

                        (I) not later than 180 days after the date on which
                    the Administrator receives the petition--

                            (aa) make the complete petition available to
                        the public; and
                            (bb) when making the petition available to the
                        public under item (aa), propose and seek public
                        comment on the proposal of the Administrator to
                        grant or deny the petition; and

                        (II) not later than 270 days after the date on
                    which the Administrator receives the petition, take
                    final action on the petition.

                    (ii) Factors for determination.--In making a
                determination to grant or deny a petition submitted under
                subparagraph (A), the Administrator shall, to the extent
                practicable, factor in--

                        (I) the best available data;
                        (II) the availability of substitutes for uses of
                    the regulated substance that is the subject of the
                    petition, taking into account technological
                    achievability, commercial demands, affordability for
                    residential and small business consumers, safety,
                    consumer costs, building codes, appliance efficiency
                    standards, contractor training costs, and other
                    relevant factors, including the quantities of regulated
                    substances available from reclaiming, prior production,
                    or prior import;
                        (III) overall economic costs and environmental
                    impacts, as compared to historical trends; and
                        (IV) the remaining phase-down period for regulated
                    substances under the final rule issued under subsection
                    (e)(3), if applicable.

                    (iii) Regulations.--After receiving public comment with
                respect to the proposal under clause (i)(I)(bb), if the
                Administrator makes a final determination to grant a
                petition under subparagraph (A), the final regulations with
                respect to the petition shall--

                        (I) be promulgated by not later than 1 year after
                    the date on which the Administrator makes the proposal
                    to grant the petition under that clause; and
                        (II) meet the requirements of paragraph (2).

                (D) Publication.--When the Administrator makes a final
            determination to grant or deny a petition under subparagraph
            (A), the Administrator shall publish a description of the
            reasons for that grant or denial, including a description of
            the information considered under subclauses (I) through (IV) of
            subparagraph (C)(ii).
                (E) Insufficient information.--If the Administrator
            determines that the data included under subparagraph (B)(ii) in
            a petition are not sufficient to make a determination under
            this paragraph, the Administrator shall use any authority
            available to the Administrator to acquire the necessary data.
            (4) Date of effectiveness.--The Administrator may not
        promulgate under paragraph (1) a regulation for the production or
        consumption of regulated substances that is more stringent than the
        production or consumption levels required under subsection
        (e)(2)(C) that takes effect before January 1, 2025.
            (5) Review.--
                (A) In general.--The Administrator shall review the
            availability of substitutes for regulated substances subject to
            an accelerated schedule established under paragraph (1) in each
            sector and subsector in which the regulated substance is used,
            taking into account technological achievability, commercial
            demands, safety, and other relevant factors, including the
            quantities of regulated substances available from reclaiming,
            prior production, or prior import, by January 1, 2026 (for the
            first review), by January 1, 2031 (for the second review), and
            at least once every 5 years thereafter.
                (B) Public availability.--The Administrator shall make the
            results of a review conducted under subparagraph (A) publicly
            available.
            (6) Savings provision.--Nothing in this subsection authorizes
        the Administrator to promulgate regulations pursuant to this
        subsection that establish a schedule for phasing down the
        production or consumption of regulated substances that is less
        stringent than the production and consumption levels of regulated
        substances required under subsection (e)(2)(C).
        (g) Exchange Authority.--
            (1) Transfers.--Not later than 270 days after the date of
        enactment of this Act, which shall include a period of notice and
        opportunity for public comment, the Administrator shall promulgate
        a final regulation that governs the transfer of allowances for the
        production of regulated substances under subsection (e)(3)(A) that
        uses--
                (A) the applicable exchange values described in the table
            contained in subsection (c)(1); or
                (B) the exchange value described in the rule designating
            the substance as a regulated substance under subsection (c)(3).
            (2) Requirements.--The final rule promulgated pursuant to
        paragraph (1) shall--
                (A) ensure that the transfers under this subsection will
            result in greater total reductions in the production of
            regulated substances in each year than would occur during the
            year in the absence of the transfers;
                (B) permit 2 or more persons to transfer production
            allowances if the transferor of the allowances will be subject,
            under the final rule, to an enforceable and quantifiable
            reduction in annual production that--
                    (i) exceeds the reduction otherwise applicable to the
                transferor under this section;
                    (ii) exceeds the quantity of production represented by
                the production allowances transferred to the transferee;
                and
                    (iii) would not have occurred in the absence of the
                transaction; and
                (C) provide for the trading of consumption allowances in
            the same manner as is applicable under this subsection to the
            trading of production allowances.
        (h) Management of Regulated Substances.--
            (1) In general.--For purposes of maximizing reclaiming and
        minimizing the release of a regulated substance from equipment and
        ensuring the safety of technicians and consumers, the Administrator
        shall promulgate regulations to control, where appropriate, any
        practice, process, or activity regarding the servicing, repair,
        disposal, or installation of equipment (including requiring, where
        appropriate, that any such servicing, repair, disposal, or
        installation be performed by a trained technician meeting minimum
        standards, as determined by the Administrator) that involves--
                (A) a regulated substance;
                (B) a substitute for a regulated substance;
                (C) the reclaiming of a regulated substance used as a
            refrigerant; or
                (D) the reclaiming of a substitute for a regulated
            substance used as a refrigerant.
            (2) Reclaiming.--
                (A) In general.--In carrying out this section, the
            Administrator shall consider the use of authority available to
            the Administrator under this section to increase opportunities
            for the reclaiming of regulated substances used as
            refrigerants.
                (B) Recovery.--A regulated substance used as a refrigerant
            that is recovered shall be reclaimed before the regulated
            substance is sold or transferred to a new owner, except where
            the recovered regulated substance is sold or transferred to a
            new owner solely for the purposes of being reclaimed or
            destroyed.
            (3) Coordination.--In promulgating regulations to carry out
        this subsection, the Administrator may coordinate those regulations
        with any other regulations promulgated by the Administrator that
        involve--
                (A) the same or a similar practice, process, or activity
            regarding the servicing, repair, disposal, or installation of
            equipment; or
                (B) reclaiming.
            (4) Inapplicability.--No regulation promulgated pursuant to
        this subsection shall apply to a regulated substance or a
        substitute for a regulated substance that is contained in a foam.
            (5) Small business grants.--
                (A) Definition of small business concern.--In this
            paragraph, the term ``small business concern'' has the same
            meaning as in section 3 of the Small Business Act (15 U.S.C.
            632).
                (B) Establishment.--Subject to the availability of
            appropriations, the Administrator shall establish a grant
            program to award grants to small business concerns for the
            purchase of new specialized equipment for the recycling,
            recovery, or reclamation of a substitute for a regulated
            substance, including the purchase of approved refrigerant
            recycling equipment (as defined in section 609(b) of the Clean
            Air Act (42 U.S.C. 7671h(b))) for recycling, recovery, or
            reclamation in the service or repair of motor vehicle air
            conditioning systems.
                (C) Matching funds.--The non-Federal share of a project
            carried out with a grant under this paragraph shall be not less
            than 25 percent.
                (D) Authorization of appropriations.--There is authorized
            to be appropriated to carry out this paragraph $5,000,000 for
            each of fiscal years 2021 through 2023.
        (i) Technology Transitions.--
            (1) Authority.--Subject to the provisions of this subsection,
        the Administrator may by rule restrict, fully, partially, or on a
        graduated schedule, the use of a regulated substance in the sector
        or subsector in which the regulated substance is used.
            (2) Negotiated rulemaking.--
                (A) Consideration required.--Before proposing a rule for
            the use of a regulated substance for a sector or subsector
            under paragraph (1), the Administrator shall consider
            negotiating with stakeholders in the sector or subsector
            subject to the potential rule in accordance with the negotiated
            rulemaking procedure provided for under subchapter III of
            chapter 5 of title 5, United States Code (commonly known as the
            ``Negotiated Rulemaking Act of 1990'').
                (B) Negotiated rulemakings.--If the Administrator
            negotiates a rulemaking with stakeholders using the procedure
            described in subparagraph (A), the Administrator shall, to the
            extent practicable, give priority to completing that rulemaking
            over completing rulemakings under this subsection that were not
            negotiated using that procedure.
                (C) No negotiated rulemaking.--If the Administrator does
            not negotiate a rulemaking with stakeholders using the
            procedure described in subparagraph (A), the Administrator
            shall, before commencement of the rulemaking process for a rule
            under paragraph (1), publish an explanation of the decision of
            the Administrator to not use that procedure.
            (3) Petitions.--
                (A) In general.--A person may petition the Administrator to
            promulgate a rule under paragraph (1) for the restriction on
            use of a regulated substance in a sector or subsector, which
            shall include a request that the Administrator negotiate with
            stakeholders in accordance with paragraph (2)(A).
                (B) Response.--The Administrator shall grant or deny a
            petition under subparagraph (A) not later than 180 days after
            the date of receipt of the petition.
                (C) Requirements.--
                    (i) Explanation.--If the Administrator denies a
                petition under subparagraph (B), the Administrator shall
                publish in the Federal Register an explanation of the
                denial.
                    (ii) Final rule.--If the Administrator grants a
                petition under subparagraph (B), the Administrator shall
                promulgate a final rule not later than 2 years after the
                date on which the Administrator grants the petition.
                    (iii) Publication of petitions.--Not later than 30 days
                after the date on which the Administrator receives a
                petition under subparagraph (A), the Administrator shall
                make that petition available to the public in full.
            (4) Factors for determination.--In carrying out a rulemaking
        using the procedure described in paragraph (2) or making a
        determination to grant or deny a petition submitted under paragraph
        (3), the Administrator shall, to the extent practicable, factor
        in--
                (A) the best available data;
                (B) the availability of substitutes for use of the
            regulated substance that is the subject of the rulemaking or
            petition, as applicable, in a sector or subsector, taking into
            account technological achievability, commercial demands,
            affordability for residential and small business consumers,
            safety, consumer costs , building codes, appliance efficiency
            standards, contractor training costs, and other relevant
            factors, including the quantities of regulated substances
            available from reclaiming, prior production, or prior import;
                (C) overall economic costs and environmental impacts, as
            compared to historical trends; and
                (D) the remaining phase-down period for regulated
            substances under the final rule issued under subsection (e)(3),
            if applicable.
            (5) Evaluation.--In carrying out this subsection, the
        Administrator shall--
                (A) evaluate substitutes for regulated substances in a
            sector or subsector, taking into account technological
            achievability, commercial demands, safety, overall economic
            costs and environmental impacts, and other relevant factors;
            and
                (B) make the evaluation under subparagraph (A) available to
            the public, including the factors associated with the safety of
            those substitutes.
            (6) Effective date of rules.--No rule under this subsection may
        take effect before the date that is 1 year after the date on which
        the Administrator promulgates the applicable rule under this
        subsection.
            (7) Applicability.--
                (A) Definition of retrofit.--In this paragraph, the term
            ``retrofit'' means to upgrade existing equipment where the
            regulated substance is changed, which--
                    (i) includes the conversion of equipment to achieve
                system compatibility; and
                    (ii) may include changes in lubricants, gaskets,
                filters, driers, valves, o-rings, or equipment components
                for that purpose.
                (B) Applicability of rules.--A rule promulgated under this
            subsection shall not apply to--
                    (i) an essential use under clause (i) or (iv) of
                subsection (e)(4)(B), including any use for which the
                production or consumption of the regulated substance is
                extended under clause (v)(II) of that subsection; or
                    (ii) except for a retrofit application, equipment in
                existence in a sector or subsector before the date of
                enactment of this Act.
        (j) International Cooperation.--
            (1) In general.--Subject to paragraph (2), no person subject to
        the requirements of this section shall trade or transfer a
        production allowance or, after January 1, 2033, export a regulated
        substance to a person in a foreign country that, as determined by
        the Administrator, has not enacted or otherwise established within
        a reasonable timeframe after the date of enactment of this Act the
        same or similar requirements or otherwise undertaken commitments
        regarding the production and consumption of regulated substances as
        are contained in this section.
            (2) Transfers.--Pursuant to paragraph (1), a person in the
        United States may engage in a trade or transfer of a production
        allowance--
                (A) to a person in a foreign country if, at the time of the
            transfer, the Administrator revises the number of allowances
            for production under subsection (e)(2), as applicable, for the
            United States such that the aggregate national production of
            the regulated substance to be traded under the revised
            production limits is equal to the least of--
                    (i) the maximum production level permitted for the
                applicable regulated substance in the year of the transfer
                under this section, less the production allowances
                transferred;
                    (ii) the maximum production level permitted for the
                applicable regulated substances in the transfer year under
                applicable law, less the production allowances transferred;
                and
                    (iii) the average of the actual national production
                level of the applicable regulated substances for the 3-year
                period ending on the date of the transfer, less the
                production allowances transferred; or
                (B) from a person in a foreign country if, at the time of
            the trade or transfer, the Administrator finds that the foreign
            country has revised the domestic production limits of the
            regulated substance in the same manner as provided with respect
            to transfers by a person in United States under this
            subsection.
            (3) Effect of transfers on production limits.--The
        Administrator may--
                (A) reduce the production limits established under
            subsection (e)(2)(B) as required as a prerequisite to a
            transfer described in paragraph (2)(A); or
                (B) increase the production limits established under
            subsection (e)(2)(B) to reflect production allowances acquired
            under a trade or transfer described in paragraph (2)(B).
            (4) Regulations.--The Administrator shall--
                (A) not later than 1 year after the date of enactment of
            this Act, promulgate a final rule to carry out this subsection;
            and
                (B) not less frequently than annually, review and, if
            necessary, revise the final rule promulgated pursuant to
            subparagraph (A).
        (k) Relationship to Other Law.--
            (1) Implementation.--
                (A) Rulemakings.--The Administrator may promulgate such
            regulations as are necessary to carry out the functions of the
            Administrator under this section.
                (B) Delegation.--The Administrator may delegate to any
            officer or employee of the Environmental Protection Agency such
            of the powers and duties of the Administrator under this
            section as the Administrator determines to be appropriate.
                (C) Clean air act.--Sections 113, 114, 304, and 307 of the
            Clean Air Act (42 U.S.C. 7413, 7414, 7604, 7607) shall apply to
            this section and any rule, rulemaking, or regulation
            promulgated by the Administrator pursuant to this section as
            though this section were expressly included in title VI of that
            Act (42 U.S.C. 7671 et seq.).
            (2) Preemption.--
                (A) In general.--Subject to subparagraph (B), during the 5-
            year period beginning on the date of enactment of this Act, and
            with respect to an exclusive use for which a mandatory
            allocation of allowances is provided under subsection
            (e)(4)(B)(iv)(I), no State or political subdivision of a State
            may enforce a statute or administrative action restricting the
            management or use of a regulated substance within that
            exclusive use.
                (B) Extension.--
                    (i) In general.--Subject to clause (ii), if, pursuant
                to subclause (I) of subsection (e)(4)(B)(v), the
                Administrator authorizes an additional period under
                subclause (II) of that subsection for the production or
                consumption of a regulated substance for an exclusive use
                described in subparagraph (A), no State or political
                subdivision of a State may enforce a statute or
                administrative action restricting the management or use of
                the regulated substance within that exclusive use for the
                duration of that additional period.
                    (ii) Limitation.--The period for which the limitation
                under clause (i) applies shall not exceed 5 years from the
                date on which the period described in subparagraph (A)
                ends.

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

        SEC. 101. SHORT TITLE.
        This title may be cited as the ``Smithsonian American Women's
    History Museum Act''.
        SEC. 102. FINDINGS.
        Congress finds the following:
            (1) Since its founding, the United States has greatly
        benefitted from the contributions of women.
            (2) Historical accounts, monuments, memorials, and museums
        disproportionately represent men's achievements and contributions
        and often neglect those of women. For example--
                (A) a study of 18 United States history textbooks concluded
            that 10 percent of the material documented contributions of
            women;
                (B) 9 statues out of 91 in the United States Capitol's
            National Statuary Hall depict women; and
                (C) only one of the 44 monuments operated by the National
            Park Service specifically honors the achievements of women
            after the 2016 designation of the Belmont-Paul Women's Equality
            National Monument.
            (3) There exists no national museum in the United States that
        is devoted to the documentation of women's contributions throughout
        the Nation's history.
            (4) On December 19, 2014, Congress created a Congressional
        Commission to study the potential for an American museum of women's
        history. The bipartisan Commission unanimously concluded that the
        United States needs and deserves a physical national museum
        dedicated to showcasing the historical experiences and impact of
        women in the United States.
            (5) A comprehensive women's history museum would document the
        full spectrum of the experiences of women in the United States,
        represent a diverse range of viewpoints, experiences, and
        backgrounds, more accurately depict the history of the United
        States, and add value to the Smithsonian Institution.
            (6) The collections, exhibits, historical narrative materials,
        and museum programming of the women's history museum should be
        inclusive, comprehensive, and innovative. Such collections,
        exhibits, materials, and programming should present the diverse
        range of experiences and viewpoints of all women in the United
        States, reflecting upon the things that set women apart from one
        another while also highlighting the experiences that many of these
        women share.
        SEC. 103. ESTABLISHMENT OF MUSEUM.
        (a) Establishment.--There is established within the Smithsonian
    Institution a comprehensive women's history museum, to be named by the
    Board of Regents in consultation with the council established under
    section 104 (referred to in this Act as the ``Museum'').
        (b) Purpose.--The purpose of the Museum established under this
    section shall be to provide for--
            (1) the collection and study of, and the establishment of
        programs relating to, women's contributions to various fields and
        throughout different periods of history that have influenced the
        direction of the United States;
            (2) collaboration with other Smithsonian Institution museums
        and facilities, outside museums, and educational institutions; and
            (3) the creation of exhibitions and programs that recognize
        diverse perspectives on women's history and contributions.
        SEC. 104. COUNCIL.
        (a) Establishment.--There is established within the Smithsonian
    Institution a council to carry out the duties set forth under
    subsection (b) and other provisions of this Act (referred to in this
    section as the ``Council'').
        (b) Duties.--
            (1) In general.--The Council established under this section
        shall--
                (A) make recommendations to the Board of Regents concerning
            the planning, design, and construction of the Museum;
                (B) advise and assist the Board of Regents on all matters
            relating to the administration, operation, maintenance, and
            preservation of the Museum;
                (C) recommend annual operating budgets for the Museum to
            the Board of Regents;
                (D) report annually to the Board of Regents on the
            acquisition, disposition, and display of objects relating to
            women's art, history, and culture; and
                (E) adopt bylaws for the operation of the Council.
            (2) Principal responsibilities.--The Council, subject to the
        general policies of the Board of Regents, shall have sole authority
        to--
                (A) purchase, accept, borrow, and otherwise acquire
            artifacts for addition to the collections of the Museum;
                (B) loan, exchange, sell, and otherwise dispose of any part
            of the collections of the Museum, but only if the funds
            generated by that disposition are used for additions to the
            collections of the Museum; or
                (C) specify criteria with respect to the use of the
            collections and resources of the Museum, including policies on
            programming, education, exhibitions, and research with respect
            to--
                    (i) the life, art, history, and culture of women;
                    (ii) the role of women in the history of the United
                States; and
                    (iii) the contributions of women to society.
            (3) Other responsibilities.--The Council, subject to the
        general policies of the Board of Regents, shall have authority--
                (A) to provide for preservation, restoration, and
            maintenance of the collections of the Museum; and
                (B) to solicit, accept, use, and dispose of gifts,
            bequests, and devises of personal property for the purpose of
            aiding and facilitating the work of the Museum.
            (4) Ensuring diversity of political viewpoints in exhibits and
        programs.--In carrying out its duties, the Council shall ensure
        that the exhibits and programs of the Museum reflect, to the extent
        practicable, an equal representation of the diversity of the
        political viewpoints held by women of the United States on the
        events and issues relating to the history of women in the United
        States.
        (c) Composition and Appointment.--
            (1) In general.--The Council shall be composed of 25 voting
        members as provided under paragraph (2).
            (2) Voting members.--The Council shall include the following
        voting members:
                (A) One member appointed by the majority leader of the
            Senate.
                (B) One member appointed by the minority leader of the
            Senate.
                (C) One member appointed by the Speaker of the House of
            Representatives.
                (D) One member appointed by the minority leader of the
            House of Representatives.
                (E) The Secretary of the Smithsonian Institution.
                (F) One member of the Board of Regents, appointed by the
            Board of Regents.
                (G) Nineteen individuals appointed by the Board of Regents.
            In appointing members under this subparagraph, the Board of
            Regents should give special consideration to appointing--
                    (i) members of the Congressional Commission;
                    (ii) board members of the National Women's History
                Museum, a nonprofit, educational organization described in
                section 501(c)(3) of the Internal Revenue Code of 1986 that
                was incorporated in 1996 in the District of Columbia and
                that is dedicated for the purpose of establishing a women's
                history museum; and
                    (iii) scholars and representatives of organizations
                that are committed to the study of women's history.
            (3) Initial appointments.--The Board of Regents shall make
        initial appointments to the Council under paragraph (2) not later
        than 180 days after the date of the enactment of this Act.
        (d) Terms.--
            (1) In general.--Except as provided in this subsection, each
        appointed member of the Council shall be appointed for a term of 3
        years.
            (2) Initial appointees.--As designated by the Board of Regents
        at the time of appointment, of the voting members first appointed
        under subparagraph (G) of subsection (c)(2)--
                (A) 7 members shall be appointed for a term of 1 year;
                (B) 6 members shall be appointed for a term of 2 years; and
                (C) 6 members shall be appointed for a term of 3 years.
            (3) Reappointment.--A member of the Council may be reappointed,
        except that no individual may serve on the Council for a total of
        more than 2 terms. For purposes of this paragraph, the number of
        terms an individual serves on the Council shall not include any
        portion of a term for which an individual is appointed to fill a
        vacancy under paragraph (4)(B).
            (4) Vacancies.--
                (A) In general.--A vacancy on the Council--
                    (i) shall not affect the powers of the Council; and
                    (ii) shall be filled in the same manner as the original
                appointment was made.
                (B) Term.--Any member of the Council appointed to fill a
            vacancy occurring before the expiration of the term for which
            the member's predecessor was appointed shall be appointed for
            the remainder of that term.
        (e) Compensation.--
            (1) In general.--Except as provided in paragraph (2), a member
        of the Council shall serve without pay.
            (2) Travel expenses.--A member of the Council shall be allowed
        travel expenses, including per diem in lieu of subsistence, at
        rates authorized for an employee of an agency under subchapter I of
        chapter 57 of title 5, United States Code, while away from the home
        or regular place of business of the member in the performance of
        the duties of the Council.
        (f) Chairperson.--By a majority vote of its voting members, the
    Council shall elect a chairperson from its members.
        (g) Meetings.--
            (1) In general.--The Council shall meet at the call of the
        chairperson or on the written request of a majority of the voting
        members of the Council, but not fewer than twice each year.
            (2) Initial meetings.--During the 1-year period beginning on
        the date of the first meeting of the Council, the Council shall
        meet not fewer than 4 times for the purpose of carrying out the
        duties of the Council under this Act.
        (h) Quorum.--A majority of the voting members of the Council
    holding office shall constitute a quorum for the purpose of conducting
    business, but a lesser number may receive information on behalf of the
    Council.
        SEC. 105. DIRECTOR AND STAFF OF THE MUSEUM.
        (a) Director.--
            (1) In general.--The Museum shall have a Director who shall be
        appointed by the Secretary, taking into consideration individuals
        recommended by the council established under section 104.
            (2) Duties.--The Director shall manage the Museum subject to
        the policies of the Board of Regents.
        (b) Staff.--The Secretary may appoint 2 additional employees to
    serve under the Director, except that such additional employees may be
    appointed without regard to the provisions of title 5, United States
    Code, governing appointments in the competitive service.
        (c) Pay.--The employees appointed by the Secretary under subsection
    (b) may be paid without regard to the provisions of chapter 51 and
    subchapter III of chapter 53 of title 5, United States Code, relating
    to classification of positions and General Schedule pay rates.
        SEC. 106. EDUCATIONAL AND LIAISON PROGRAMS.
        (a) Programs Authorized.--The Director of the Museum may carry out
    educational and liaison programs in support of the goals of the Museum.
        (b) Collaboration With Schools.--In carrying out this section, the
    Director shall carry out educational programs in collaboration with
    elementary schools, secondary schools, and postsecondary schools.
        SEC. 107. BUILDING.
        (a) Location.--
            (1) In general.--Not later than 2 years after the date of the
        enactment of this Act, the Board of Regents shall designate a site
        for the Museum.
            (2) Sites for consideration.--In designating a site under
        paragraph (1), the Board of Regents shall--
                (A) select a site in the District of Columbia; and
                (B) include the consideration of the following sites:
                    (i) The site known as the ``South Monument site'',
                located on the National Mall and bordered by 14th Street
                Northwest, Jefferson Drive Southwest, Raoul Wallenberg
                Place Southwest, and Independence Ave Southwest.
                    (ii) The Northwest United States Capitol site, bordered
                by 3rd Street Northwest, Constitution Avenue Northwest, 1st
                Street Northwest, and Pennsylvania Ave Northwest.
            (3) Factors considered.--In designating a site under paragraph
        (1), the Board of Regents shall take into consideration each of the
        following factors:
                (A) An estimate of the costs associated with each potential
            site.
                (B) An assessment of the suitability of the space of each
            potential site, including size, proximity to other buildings
            and transportation, and other external environmental
            conditions, as appropriate.
                (C) The recommendations of the Congressional Commission.
            (4) Consultation.--The Board of Regents shall carry out its
        duties under this subsection in consultation with each of the
        following:
                (A) The Chair of the National Capital Planning Commission.
                (B) The Director of the National Park Service.
                (C) The Chair of the National Capital Memorial Advisory
            Commission.
                (D) The Chair of the Commission on Fine Arts.
                (E) The Chair of the Congressional Commission.
                (F) The Architect of the Capitol.
                (G) The chair and ranking member of each of the following
            committees:
                    (i) The Committee on Rules and Administration of the
                Senate.
                    (ii) The Committee on House Administration of the House
                of Representatives.
                    (iii) The Committee on Energy and Natural Resources of
                the Senate.
                    (iv) The Committee on Natural Resources of the House of
                Representatives.
                    (v) The Committee on Transportation and Infrastructure
                of the House of Representatives.
                    (vi) The Committee on Appropriations of the House of
                Representatives.
                    (vii) The Committee on Appropriations of the Senate.
            (5) Intent of congress.--It is the intent of Congress that the
        Museum be located on or near the National Mall, to the maximum
        extent practicable, in accordance with this section.
        (b) Site Under the Jurisdiction of Another Federal Agency.--
            (1) Written notification of agreement.--The Board of Regents
        shall not designate a site for the Museum that is under the
        administrative jurisdiction of another Federal agency or entity
        unless the head of the Federal agency or entity submits to each of
        the committees described in subsection (a)(4)(G) written
        notification stating that the head of the Federal agency or entity
        concurs with locating the Museum on the land or in the structure
        that is under the administrative jurisdiction of the Federal agency
        or entity.
            (2) Transfer.--As soon as practicable after the date on which
        Congress receives the written notification described in paragraph
        (1), the head of the Federal agency or entity shall transfer to the
        Smithsonian Institution its administrative jurisdiction over the
        land or structure that has been designated as the site for the
        Museum.
        (c) Construction of Building.--The Board of Regents, in
    consultation with the council established under section 104, may plan,
    design, and construct a building for the Museum, which shall be located
    at the site designated by the Board of Regents under subsection (a), in
    accordance with this section.
        (d) Commemorative Works Act.--Chapter 89 of title 40, United States
    Code, shall not apply with respect to the Museum, except that the
    Museum shall not be located in the Reserve (as defined in section
    8902(a) of that title).
        (e) Cost Sharing.--The Board of Regents shall pay--
            (1) 50 percent of the costs of carrying out this section from
        Federal funds; and
            (2) 50 percent of the costs of carrying out this section from
        non-Federal sources.
        SEC. 108. DEFINITIONS.
        In this Act, the following definitions apply:
            (1) The term ``Board of Regents'' means the Board of Regents of
        the Smithsonian Institution.
            (2) The term ``Congressional Commission'' means the Commission
        to Study the Potential Creation of a National Women's History
        Museum, established under section 3056 of the Military Construction
        Authorization Act for Fiscal Year 2015 (Public Law 113-291; 128
        Stat. 3810).
            (3) The term ``Secretary'' means the Secretary of the
        Smithsonian Institution.
        SEC. 109. AUTHORIZATION OF APPROPRIATIONS.
        (a) In General.--There are authorized to be appropriated to the
    Smithsonian Institution to carry out this Act, including the planning,
    design, construction, and operation of the Museum established under
    section 103, such sums as may be necessary for fiscal year 2020 and
    each succeeding fiscal year.
        (b) Availability.--Amounts appropriated pursuant to the
    authorization under this section shall remain available until expended.
        (c) Use of Funds for Fundraising.--Amounts appropriated pursuant to
    the authorization under this section may be used to conduct fundraising
    in support of the Museum from private sources.

                TITLE II--NATIONAL MUSEUM OF THE AMERICAN LATINO

        SEC. 201. NATIONAL MUSEUM OF THE AMERICAN LATINO.
        (a) Findings.--Congress finds the following:
            (1) The United States is a symbol of democracy, freedom, and
        economic opportunity around the world, and the legacy of Latinos is
        deeply rooted in the very fabric of the history, democracy,
        freedom, and economic opportunity of the United States.
            (2) There exists no national museum within the Smithsonian
        Institution that is devoted to the documentation and explication of
        Latino life, art, history, and culture.
            (3) The establishment of the National Museum of the American
        Latino will be consistent with the purposes of the Smithsonian
        Institution, created by Congress in 1846, ``for the increase and
        diffusion of knowledge''.
            (4) The National Museum of the American Latino--
                (A) will be the keystone for people in the United States
            and other Smithsonian Institution visitors to learn about
            Latino contributions to life, art, history, and culture in the
            United States at its signature location on the National Mall;
            and
                (B) will serve as a gateway for visitors to view other
            Latino exhibitions, collections, and programming at other
            Smithsonian Institution facilities and museums throughout the
            United States and the territories of the United States.
        (b) Definitions.--In this section:
            (1) Board of regents.--The term ``Board of Regents'' means the
        Board of Regents of the Smithsonian Institution.
            (2) Board of trustees.--The term ``Board of Trustees'' means
        the Board of Trustees of the National Museum of the American Latino
        as established by subsection (d).
            (3) Director.--The term ``Director'' means the Director of the
        National Museum of the American Latino.
            (4) Museum.--The term ``Museum'' means the National Museum of
        the American Latino established by subsection (c).
            (5) Secretary.--The term ``Secretary'' means the Secretary of
        the Smithsonian Institution.
        (c) Establishment of Museum.--
            (1) Establishment.--There is established within the Smithsonian
        Institution a museum to be known as the ``National Museum of the
        American Latino''.
            (2) Purposes.--The purposes of the Museum are--
                (A) to illuminate the story of the United States for the
            benefit of all by featuring Latino contributions; and
                (B) to provide for--
                    (i) the collection, study, research, publication, and
                establishment of exhibitions and programs relating to
                Latino life, art, history, and culture that encompass--

                        (I) Latino contributions to the early history of
                    what now encompasses the United States of America and
                    its territories;
                        (II) Latino contributions in the armed services
                    from the earliest days of the American Revolution to
                    current military activities in defense of our freedoms;
                        (III) Latino contributions to the freedom, well-
                    being, and economic prosperity of all people in the
                    United States through historical movements;
                        (IV) entrepreneurial and charitable activities of
                    Latinos;
                        (V) contributions by Latinos to--

                            (aa) the social, natural, and physical
                        sciences; and
                            (bb) art, history, and culture, including food,
                        music, dance, film, theater, sports, and other
                        forms of popular culture in the United States; and
                    (ii) collaboration between the Museum, other museums
                and research centers of the Smithsonian Institution, and
                other museums and educational institutions throughout the
                United States and abroad, to promote the study and
                appreciation of Latino life, art, history, culture, and its
                impact on society in the United States, including
                collaboration concerning joint research projects, programs,
                exhibitions, collection management, and training of museum
                staff.
        (d) Board of Trustees.--
            (1) Establishment.--There is established within the Smithsonian
        Institution a Board of Trustees of the Museum with the duties,
        powers, and authority specified in this subsection.
            (2) Duties.--
                (A) In general.--The Board of Trustees--
                    (i) shall--

                        (I) make recommendations to the Board of Regents
                    concerning the location, planning, design, and
                    construction of the Museum;
                        (II) recommend annual operating budgets for the
                    Museum to the Board of Regents;
                        (III) adopt bylaws for the Board of Trustees;
                        (IV) report annually to the Board of Regents on the
                    acquisition, disposition, and display of Latino
                    collections, objects and artifacts, and on other
                    appropriate matters; and
                        (V) advise and assist the Board of Regents on all
                    matters relating to the administration, operation,
                    maintenance, and preservation of the Museum, including
                    long-term maintenance; and

                    (ii) may delegate the duties described in subclauses
                (I) through (IV) of clause (i) to the Director.
                (B) Principal responsibilities.--Subject to the general
            policies of the Board of Regents, the Board of Trustees shall
            have the sole authority to--
                    (i) purchase, accept, borrow, or otherwise acquire
                artifacts and other objects for addition to the collections
                of the Museum;
                    (ii) loan, exchange, sell, or otherwise dispose of any
                part of the collections of the Museum, with the proceeds of
                such transactions to be used for additions to the
                collections of the Museum; and
                    (iii) specify criteria with respect to the use of the
                collections and resources of the Museum, including policies
                on programming, education, exhibitions, and research with
                respect to--

                        (I) the life, art, history, culture, and other
                    aspects of Latinos in the United States and the
                    territories of the United States;
                        (II) the role of Latinos in the history of the
                    United States from the arrival of the first explorers
                    to the Americas to the present;
                        (III) the contributions of Latinos to society and
                    culture in the United States, and exploring what it
                    means to be an American; and
                        (IV) sharing how values in the United States such
                    as resiliency, optimism, and spirituality are reflected
                    in Latino history and culture.

                (C) Other responsibilities.--Subject to the general
            policies of the Board of Regents, the Board of Trustees shall
            have authority to--
                    (i) provide for preservation, restoration, and
                maintenance of the collections of the Museum; and
                    (ii) solicit, accept, use, and dispose of gifts,
                bequests, and devises of personal and real property for the
                purpose of aiding and facilitating the work of the Museum.
                (D) Ensuring diversity of political viewpoints in exhibits
            and programs.--In carrying out its duties, the Board of
            Trustees shall ensure that the exhibits and programs of the
            Museum reflect the diversity of the political viewpoints held
            by Latinos of the United States on the events and issues
            relating to the history of Latinos in the United States.
            (3) Composition and appointment.--
                (A) In general.--The Board of Trustees shall be composed of
            not more than 19 voting members as provided under subparagraph
            (B).
                (B) Voting members.--The Board of Trustees shall include
            the following voting members:
                    (i) The Secretary of the Smithsonian Institution.
                    (ii) The Under Secretary of Museums and Research of the
                Smithsonian Institution.
                    (iii) The chair of the Smithsonian National Latino
                Board.
                    (iv) One member of the Board of Regents, appointed by
                the Board of Regents.
                    (v) Two Members of Congress, one from each political
                party, designated by the Congressional Hispanic Caucus and
                the Congressional Hispanic Conference.
                    (vi) Thirteen individuals who shall be appointed by the
                Board of Regents after taking into consideration--

                        (I) efforts to have a politically and
                    geographically diverse representation on the Board of
                    Trustees reflecting States and territories with
                    significant Latino populations;
                        (II) individuals recommended by members of the
                    Board of Trustees; and
                        (III) individuals recommended by organizations and
                    entities that are committed to the advancement of
                    knowledge of Latino life, art, history, and culture.

                (C) Initial appointments.--The Board of Regents shall make
            initial appointments to the Board of Trustees under
            subparagraph (B) not later than 180 days after the date of
            enactment of this Act.
            (4) Terms of service.--
                (A) In general.--Except as provided in this paragraph, each
            appointed member of the Board of Trustees shall be appointed
            for a term of 3 years.
                (B) Initial appointees.--As designated by the Board of
            Regents at the time of appointment, of the voting members first
            appointed under clause (vi) of paragraph (3)(B)--
                    (i) Five members shall be appointed for a term of 1
                year;
                    (ii) Four members shall be appointed for a term of 2
                years; and
                    (iii) Four members shall be appointed for a term of 3
                years.
                (C) Reappointment.--A member of the Board of Trustees may
            be reappointed, except that no individual may serve on the
            Board of Trustees for a total of more than 2 full terms. For
            purposes of this subparagraph, the number of terms an
            individual serves on the Board of Trustees shall not include
            any portion of a term for which an individual is appointed to
            fill a vacancy under subparagraph (D)(ii).
                (D) Vacancies.--
                    (i) In general.--A vacancy on the Board of Trustees--

                        (I) shall not affect the powers of the Board of
                    Trustees; and
                        (II) shall be filled in the same manner as the
                    original appointment was made.

                    (ii) Term.--Any member of the Board of Trustees
                appointed to fill a vacancy occurring before the expiration
                of the term for which the member's predecessor was
                appointed shall be appointed for the remainder of that
                term.
            (5) Compensation.--
                (A) In general.--Except as provided in subparagraph (B), a
            member of the Board of Trustees shall serve without pay.
                (B) Travel expenses.--A member of the Board of Trustees
            shall be allowed travel expenses, including per diem in lieu of
            subsistence, at rates authorized for an employee of an agency
            under subchapter I of chapter 57 of title 5, United States
            Code, while away from the home or regular place of business of
            the member in the performance of the duties of the Board of
            Trustees.
            (6) Chairperson.--By a majority vote of its voting members, the
        Board of Trustees shall elect a chairperson from its members.
            (7) Meetings.--
                (A) In general.--The Board of Trustees shall meet at the
            call of the chairperson or on the written request of a majority
            of the voting members of the Board of Trustees, but not fewer
            than twice each year.
                (B) Meeting format.--Regularly scheduled meetings and
            special meetings may be conducted in-person, telephonically,
            electronically, or by any means appropriate as determined by
            the chairperson.
            (8) Quorum.--A majority of the voting members of the Board of
        Trustees holding office shall constitute a quorum for the purpose
        of conducting business, but a lesser number may receive information
        on behalf of the Board of Trustees.
        (e) Director and Staff of Museum.--
            (1) Director.--
                (A) In general.--The Museum shall have a Director who shall
            be appointed by the Secretary in consultation with Board of
            Trustees. The Secretary may appoint an interim Director to
            oversee the initial activity of establishing the Museum until a
            permanent Director is selected.
                (B) Duties.--The Director shall manage the Museum subject
            to the policies of the Board of Regents and the Board of
            Trustees.
            (2) Staff.--The Secretary may appoint two additional employees
        to serve under the Director, except that such additional employees
        may be appointed without regard to the provisions of title 5,
        United States Code, governing appointments in the competitive
        service.
            (3) Pay.--The employees appointed by the Secretary under
        paragraph (2) may be paid without regard to the provisions of
        chapter 51 and subchapter III of chapter 53 of title 5, United
        States Code, relating to classification of positions and General
        Schedule pay rates.
        (f) Educational and Liaison Programs.--
            (1) In general.--
                (A) Programs authorized.--The Director of the Museum may
            carry out educational and liaison programs in support of the
            goals of the Museum.
                (B) Specific activities.--In carrying out this subsection,
            the Director shall--
                    (i) carry out educational programs relating to Latino
                life, art, history, and culture, including--

                        (I) programs using digital, electronic, and
                    interactive technologies; and
                        (II) programs carried out in collaboration with
                    elementary schools, secondary schools, and
                    postsecondary schools; and

                    (ii) consult with the Director of the Institute of
                Museum and Library Services concerning the grant programs
                carried out under paragraph (2).
            (2) Grant programs.--
                (A) In general.--The Director of the Institute of Museum
            and Library Services, in consultation with the Board of
            Trustees and the Director of the Museum, shall establish and
            carry out--
                    (i) a grant program with the purpose of improving
                operations, care of collections, culturally appropriate
                public outreach, and development of professional management
                at American Latino museums;
                    (ii) a grant program with the purpose of providing
                internship and fellowship opportunities at American Latino
                museums;
                    (iii) a scholarship program, in partnership with
                Hispanic-serving institutions, minority-serving
                institutions, historically black colleges and universities,
                and other institutions of higher education, with the
                purpose of assisting individuals who are pursuing careers
                or carrying out studies in the arts, humanities, and
                sciences in the study of American Latino life, art,
                history, and culture;
                    (iv) in cooperation with other museums, historical
                societies, and educational institutions, a grant program
                with the purpose of promoting the understanding of the
                Latin American diaspora in the United States; and
                    (v) a grant program under which an American Latino
                museum (including a nonprofit education organization the
                primary mission of which is to promote the study of the
                Latin American diaspora in the United States) may use funds
                provided under the grant to increase an endowment fund
                established by the museum (or organization) as of October
                1, 2020, for the purposes of enhancing educational
                programming, and maintaining and operating traveling
                educational exhibits.
                (B) Clarification of treatment of museum.--In this
            paragraph, the term ``American Latino museum'' does not include
            the Museum.
                (C) Authorization of appropriations.--There are authorized
            to be appropriated to the Institute of Museum and Library
            Services to carry out this paragraph--
                    (i) $15,000,000 for fiscal year 2021; and
                    (ii) such sums as may be necessary for fiscal year 2022
                and each succeeding fiscal year.
        (g) National Museum of the American Latino Building and Support
    Facilities.--
            (1) In general.--
                (A) Location.--
                    (i) In general.--Not later than 2 years after the date
                of enactment of this Act, the Board of Regents shall
                designate a site for the Museum.
                    (ii) Sites for consideration.--In designating a site
                under clause (i), the Board of Regents shall--

                        (I) select a site in the District of Columbia; and
                        (II) include the consideration of the following
                    sites:

                            (aa) The Arts and Industries Building of the
                        Smithsonian Institution, located on the National
                        Mall at 900 Jefferson Drive, Southwest, Washington,
                        District of Columbia.
                            (bb) A vacant area bounded by Independence
                        Avenue, Jefferson Drive, Raoul Wallenberg Place,
                        and 14th Street Southwest, currently under the
                        jurisdiction of the National Park Service.
                            (cc) The area bounded by 3rd Street and 1st
                        Street, Northwest and Constitution Avenue and
                        Pennsylvania Avenue, Northwest, as measured from
                        curb to curb, currently under the jurisdiction of
                        the Architect of the Capitol.
                            (dd) The facility and grounds on the National
                        Mall between 12th and 14th Streets, Southwest, and
                        Jefferson Drive and Independence Avenue, Southwest,
                        currently under the jurisdiction of the Department
                        of Agriculture.
                    (iii) Factors considered.--In designating a site under
                clause (i), the Board of Regents shall take into
                consideration each of the following factors:

                        (I) An estimate of the costs associated with each
                    potential site.
                        (II) An assessment of the suitability of the space
                    of each potential site, including size, proximity to
                    other buildings and transportation, and other external
                    environmental conditions, as appropriate.
                        (III) The recommendations of the Commission
                    referred to in subsection (h).

                    (iv) Consultation.--The Board of Regents shall carry
                out its duties under this subparagraph in consultation with
                the following:

                        (I) The Chair of the National Capital Planning
                    Commission.
                        (II) The Director of the National Park Service.
                        (III) The Chair of the National Capital Memorial
                    Advisory Commission.
                        (IV) The Chair of the Commission of Fine Arts.
                        (V) The Chair and Vice Chair of the Commission
                    referred to in subsection (h).
                        (VI) The Chair of the Building and Site
                    Subcommittee of the Commission referred to in
                    subsection (h).
                        (VII) The Architect of the Capitol.
                        (VIII) The Chair and ranking minority member of
                    each of the following committees:

                            (aa) The Committee on Rules and Administration
                        of the Senate.
                            (bb) The Committee on House Administration of
                        the House of Representatives.
                            (cc) The Committee on Energy and Natural
                        Resources of the Senate.
                            (dd) The Committee on Natural Resources of the
                        House of Representatives.
                            (ee) The Committee on Transportation and
                        Infrastructure of the House of Representatives.
                            (ff) The Committee on Appropriations of the
                        House of Representatives.
                            (gg) The Committee on Appropriations of the
                        Senate.
                    (v) Intent of congress.--It is the intent of Congress
                that the Museum be located on or near the National Mall, to
                the maximum extent practicable, in accordance with this
                subsection.
                (B) Size of building.--The building constructed or modified
            to serve as the Museum shall occupy no less than the
            recommended square footage set forth in the report submitted by
            the Commission to Study the Potential Creation of a National
            Museum of the American Latino established under section 333 of
            the Consolidated Natural Resources Act of 2008 (Public Law 110-
            229; 122 Stat. 784).
                (C) Construction of building.--The Board of Regents, in
            consultation with the Board of Trustees and other appropriate
            Federal and local agencies is authorized to prepare plans,
            design, and construct a building or modify an existing building
            for the Museum, which shall be located at the site selected by
            the Board of Regents, in accordance with this subsection.
            (2) Site under the jurisdiction of another federal agency.--
                (A) In general.--The Board of Regents shall not designate a
            site for the Museum that is under the administrative
            jurisdiction of another Federal agency or entity unless the
            head of the Federal agency or entity submits to each of the
            committees described in paragraph (1)(A)(iv)(VIII) written
            notification stating that the head of the Federal agency or
            entity concurs with locating the Museum on the land or in the
            structure that is under the administrative jurisdiction of the
            Federal agency or entity.
                (B) Transfer.--As soon as practicable after the date on
            which the committees receive the written notification described
            in subparagraph (A), the head of the Federal agency or entity
            shall transfer to the Smithsonian Institution administrative
            jurisdiction over the land or structure that has been
            designated as the site for the Museum.
            (3) Cost sharing.--The Board of Regents shall pay--
                (A) 50 percent of the costs of carrying out this subsection
            from Federal funds; and
                (B) 50 percent of the costs of carrying out this subsection
            from non-Federal sources.
            (4) Commemorative works act.--Chapter 89 of title 40, United
        States Code, shall not apply with respect to the Museum, except
        that the Museum shall not be located in the Reserve (as defined in
        section 8902(a) of that title).
            (5) Authorization of appropriations.--There are authorized to
        be appropriated such sums as are necessary to carry out this
        subsection.
        (h) Consideration of Recommendations of Commission.--In carrying
    out their duties under this section, the Board of Trustees and the
    Board of Regents shall take into consideration the reports and plans
    submitted by the Commission to Study the Potential Creation of a
    National Museum of the American Latino established under section 333 of
    the Consolidated Natural Resources Act of 2008 (Public Law 110-229; 122
    Stat. 784).
        (i) Congressional Budget Act Compliance.--Authority under this
    section to enter into contracts or to make payments shall be effective
    in any fiscal year only to the extent provided in advance in an
    appropriations Act.
        (j) Authorization of Appropriations.--
            (1) In general.--There are authorized to be appropriated to the
        Smithsonian Institution to carry out this section, other than
        subsections (f)(2) and (g)--
                (A) $20,000,000 for fiscal year 2021; and
                (B) such sums as are necessary for each fiscal year
            thereafter.
            (2) Availability.--Amounts appropriated pursuant to the
        authorization of appropriations under paragraph (1) shall remain
        available until expended.
            (3) Use of funds for fundraising.--Amounts appropriated
        pursuant to the authorization under this subsection may be used to
        conduct fundraising in support of the Museum from private sources.

       DIVISION U--HOMELAND SECURITY AND GOVERNMENTAL AFFAIRS PROVISIONS
                     TITLE I--AI IN GOVERNMENT ACT OF 2020

        SEC. 101. SHORT TITLE.
        This title may be cited as the ``AI in Government Act of 2020''.
        SEC. 102. DEFINITIONS.
        In this Act--
            (1) the term ``Administrator'' means the Administrator of
        General Services;
            (2) the term ``agency'' has the meaning given the term in
        section 3502 of title 44, United States Code;
            (3) the term ``AI CoE'' means the AI Center of Excellence
        described in section 103;
            (4) the term ``artificial intelligence'' has the meaning given
        the term in section 238(g) of the John S. McCain National Defense
        Authorization Act for Fiscal Year 2019 (10 U.S.C. 2358 note);
            (5) the term ``Director'' means the Director of the Office of
        Management and Budget;
            (6) the term ``institution of higher education'' has the
        meaning given the term in section 101 of the Higher Education Act
        of 1965 (20 U.S.C. 1001); and
            (7) the term ``nonprofit organization'' means an organization
        described in section 501(c)(3)of the Internal Revenue Code of 1986
        and exempt from taxation under section 501(a) of that Code.
        SEC. 103. AI CENTER OF EXCELLENCE.
        (a) In General.--There is created within the General Services
    Administration a program to be known as the ``AI Center of
    Excellence'', which shall--
            (1) facilitate the adoption of artificial intelligence
        technologies in the Federal Government;
            (2) improve cohesion and competency in the adoption and use of
        artificial intelligence within the Federal Government; and
            (3) carry out paragraphs (1) and (2) for the purposes of
        benefitting the public and enhancing the productivity and
        efficiency of Federal Government operations.
        (b) Duties.--The duties of the AI CoE shall include--
            (1) regularly convening individuals from agencies, industry,
        Federal laboratories, nonprofit organizations, institutions of
        higher education, and other entities to discuss recent developments
        in artificial intelligence, including the dissemination of
        information regarding programs, pilots, and other initiatives at
        agencies, as well as recent trends and relevant information on the
        understanding, adoption, and use of artificial intelligence;
            (2) collecting, aggregating, and publishing on a publicly
        available website information regarding programs, pilots, and other
        initiatives led by other agencies and any other information
        determined appropriate by the Administrator;
            (3) advising the Administrator, the Director, and agencies on
        the acquisition and use of artificial intelligence through
        technical insight and expertise, as needed;
            (4) assist agencies in applying Federal policies regarding the
        management and use of data in applications of artificial
        intelligence;
            (5) consulting with agencies, including the Department of
        Defense, the Department of Commerce, the Department of Energy, the
        Department of Homeland Security, the Office of Management and
        Budget, the Office of the Director of National Intelligence, and
        the National Science Foundation, that operate programs, create
        standards and guidelines, or otherwise fund internal projects or
        coordinate between the public and private sectors relating to
        artificial intelligence;
            (6) advising the Director on developing policy related to the
        use of artificial intelligence by agencies; and
            (7) advising the Director of the Office of Science and
        Technology Policy on developing policy related to research and
        national investment in artificial intelligence.
        (c) Staff.--
            (1) In general.--The Administrator shall provide necessary
        staff, resources, and administrative support for the AI CoE.
            (2) Shared staff.--To the maximum extent practicable, the
        Administrator shall meet the requirements described under paragraph
        (1) by using staff of the General Services Administration,
        including those from other agency centers of excellence, and
        detailees, on a reimbursable or nonreimbursable basis, from other
        agencies.
            (3) Fellows.--The Administrator may, to the maximum extent
        practicable, appoint fellows to participate in the AI CoE from
        nonprofit organizations, think tanks, institutions of higher
        education, and industry.
        (d) Sunset.--This section shall cease to be effective on the date
    that is 5 years after the date of enactment of this Act.
        SEC. 104. GUIDANCE FOR AGENCY USE OF ARTIFICIAL INTELLIGENCE.
        (a) Guidance.--Not later than 270 days after the date of enactment
    of this Act, the Director, in coordination with the Director of the
    Office of Science and Technology Policy in consultation with the
    Administrator and any other relevant agencies and key stakeholders as
    determined by the Director, shall issue a memorandum to the head of
    each agency that shall--
            (1) inform the development of policies regarding Federal
        acquisition and use by agencies regarding technologies that are
        empowered or enabled by artificial intelligence, including an
        identification of the responsibilities of agency officials managing
        the use of such technology;
            (2) recommend approaches to remove barriers for use by agencies
        of artificial intelligence technologies in order to promote the
        innovative application of those technologies while protecting civil
        liberties, civil rights, and economic and national security;
            (3) identify best practices for identifying, assessing, and
        mitigating any discriminatory impact or bias on the basis of any
        classification protected under Federal nondiscrimination laws, or
        any unintended consequence of the use of artificial intelligence,
        including policies to identify data used to train artificial
        intelligence algorithms as well as the data analyzed by artificial
        intelligence used by the agencies; and
            (4) provide a template of the required contents of the agency
        plans described in subsection (c).
        (b) Public Comment.--To help ensure public trust in the
    applications of artificial intelligence technologies, the Director
    shall issue a draft version of the memorandum required under subsection
    (a) for public comment not later than 180 days after date of enactment
    of this Act.
        (c) Plans.--Not later than 180 days after the date on which the
    Director issues the memorandum required under subsection (a) or an
    update to the memorandum required under subsection (d), the head of
    each agency shall submit to the Director and post on a publicly
    available page on the website of the agency--
            (1) a plan to achieve consistency with the memorandum; or
            (2) a written determination that the agency does not use and
        does not anticipate using artificial intelligence.
        (d) Updates.--Not later than 2 years after the date on which the
    Director issues the memorandum required under subsection (a), and every
    2 years thereafter for 10 years, the Director shall issue updates to
    the memorandum.
        SEC. 105. UPDATE OF OCCUPATIONAL SERIES FOR ARTIFICIAL
          INTELLIGENCE.
        (a) In General.--Not later than 18 months after the date of
    enactment of this Act, and in accordance with chapter 51 of title 5,
    United States Code, the Director of the Office of Personnel Management
    shall--
            (1) identify key skills and competencies needed for positions
        related to artificial intelligence;
            (2) establish an occupational series, or update and improve an
        existing occupational job series, to include positions the primary
        duties of which relate to artificial intelligence;
            (3) to the extent appropriate, establish an estimate of the
        number of Federal employees in positions related to artificial
        intelligence, by each agency; and
            (4) using the estimate established in paragraph (3), prepare a
        2-year and 5-year forecast of the number of Federal employees in
        positions related to artificial intelligence that each agency will
        need to employ.
        (b) Plan.--Not later than 120 days after the date of enactment of
    this Act, the Director of the Office of Personnel Management shall
    submit to the Committee on Homeland Security and Governmental Affairs
    of the Senate and the Committee on Oversight and Reform of the House of
    Representatives a comprehensive plan with a timeline to complete
    requirements described in subsection (a).

            TITLE II--DHS OVERSEAS PERSONNEL ENHANCEMENT ACT OF 2019

        SEC. 201. SHORT TITLE.
        This title may be cited as the ``DHS Overseas Personnel Enhancement
    Act of 2019''.
        SEC. 202. OVERSEAS PERSONNEL BRIEFING.
        (a) In General.--Not later than 90 days after submission of the
    comprehensive 3-year strategy required under section 1910 of the
    National Defense Authorization Act for Fiscal Year 2017 (Public Law
    114-328) and annually thereafter, the Secretary shall brief the
    Committee on Homeland Security of the House of Representatives and the
    Committee on Homeland Security and Governmental Affairs of the Senate
    regarding Department personnel with primary duties that take place
    outside of the United States.
        (b) Requirements.--The briefings required under subsection (a)
    shall include the following:
            (1) A detailed summary of, and deployment schedule for, each
        type of personnel position with primary duties that take place
        outside of the United States and how each such position contributes
        to the Department's mission.
            (2) Information related to how the geographic and regional
        placement of such positions contributes to the Department's
        mission.
            (3) Information related to any risk mitigation plans for each
        geographic and regional placement, including to address counter-
        intelligence risks.
            (4) Information regarding the costs of deploying or maintaining
        personnel at each geographic and regional placement, including
        information on any cost-sharing agreement with foreign partners to
        cover a portion or all the costs relating to such deployment or
        maintenance.
            (5) Information on guidance and practices to guard against
        counter-espionage and counter-intelligence threats, including cyber
        threats, associated with Department personnel.
            (6) Information regarding trends in foreign efforts to
        influence such personnel while deployed overseas to contribute to
        the Department's mission.
            (7) Information related to the position-specific training
        received by such personnel before and during placement at a foreign
        location.
            (8) Challenges that may impede the communication of
        counterterrorism information between Department personnel at
        foreign locations and Department entities in the United States,
        including technical, resource, and administrative challenges.
            (9) The status of efforts to implement the strategy referred to
        in subsection (a).
            (10) The status of efforts (beginning with the second briefing
        required under this section) to implement the enhancement plan
        under section 203.
        SEC. 203. OVERSEAS PERSONNEL ENHANCEMENT PLAN.
        (a) In General.--Not later than 90 days after the first briefing
    required under section 202, the Secretary shall submit to the Committee
    on Homeland Security of the House of Representatives and the Committee
    on Homeland Security and Governmental Affairs of the Senate a plan to
    enhance the effectiveness of Department personnel at foreign locations.
        (b) Plan Requirements.--The plan required under subsection (a)
    shall include proposals to--
            (1) improve efforts of Department personnel at foreign
        locations, as necessary, for purposes of providing foreign partner
        capacity development and furthering the Department's mission;
            (2) as appropriate, redeploy Department personnel to respond to
        changing threats to the United States, consistent with the limits
        on the resources of the Department;
            (3) enhance collaboration among Department personnel at foreign
        locations, other Federal personnel at foreign locations, and
        foreign partners;
            (4) improve the communication of information between Department
        personnel at foreign locations and Department entities in the
        United States, including to address technical, resource, and
        administrative challenges; and
            (5) maintain practices to guard against counter-espionage
        threats associated with Department personnel.
        SEC. 204. TERMINATION.
        The briefing requirement under section 202 shall terminate on the
    date that is 4 years after the submission of the strategy referred to
    in subsection (a) of such section.
        SEC. 205. DEFINITIONS.
        In this Act--
            (1) the term ``Department'' means the Department of Homeland
        Security; and
            (2) the term ``Secretary'' means the Secretary of Homeland
        Security.

        TITLE III--SYNTHETIC OPIOID EXPOSURE PREVENTION AND TRAINING ACT

        SEC. 301. SHORT TITLE.
        This title may be cited as the ``Synthetic Opioid Exposure
    Prevention and Training Act''.
        SEC. 302. PROTECTION AGAINST POTENTIAL SYNTHETIC OPIOID EXPOSURE
          WITHIN U.S. CUSTOMS AND BORDER PROTECTION.
        (a) In General.--Subtitle B of title IV of the Homeland Security
    Act of 2002 (6 U.S.C. 211 et seq.) is amended by inserting after
    section 415 the following new section:
        ``SEC. 416. PROTECTION AGAINST POTENTIAL SYNTHETIC OPIOID EXPOSURE.
        ``(a) In General.--The Commissioner of U.S. Customs and Border
    Protection shall issue a policy that specifies effective protocols and
    procedures for the safe handling of potential synthetic opioids,
    including fentanyl, by U.S. Customs and Border Protection officers,
    agents, other personnel, and canines, and to reduce the risk of injury
    or death resulting from accidental exposure and enhance post-exposure
    management.
        ``(b) Training.--
            ``(1) In general.--Together with the issuance of the policy
        described in subsection (a), the Commissioner of U.S. Customs and
        Border Protection shall require mandatory and recurrent training on
        the following:
                ``(A) The potential risk of opioid exposure and safe
            handling procedures for potential synthetic opioids, including
            precautionary measures such as the use of personal protective
            equipment during such handling.
                ``(B) How to access and administer opioid receptor
            antagonists, including naloxone, post-exposure to potential
            synthetic opioids.
            ``(2) Integration.--The training described in paragraph (1) may
        be integrated into existing training under section 411(l) for U.S.
        Customs and Border Protection officers, agents, and other
        personnel.
        ``(c) Personal Protective Equipment and Opioid Receptor
    Antagonists.--Together with the issuance of the policy described in
    subsection (a), the Commissioner of U.S. Customs and Border Protection
    shall ensure the availability of personal protective equipment and
    opioid receptor antagonists, including naloxone, to all U.S. Customs
    and Border Protection officers, agents, other personnel, and canines at
    risk of accidental exposure to synthetic opioids.
        ``(d) Oversight.--To ensure effectiveness of the policy described
    in subsection (a)--
            ``(1) the Commissioner of U.S. Customs and Border Protection
        shall regularly monitor the efficacy of the implementation of such
        policy and adjust protocols and procedures, as necessary; and
            ``(2) the Inspector General of the Department shall audit
        compliance with the requirements of this section not less than once
        during the 3-year period after the date of the enactment of this
        section.''.
        (b) Clerical Amendment.--The table of contents in section 1(b) of
    the Homeland Security Act of 2002 is amended by inserting after the
    item relating to section 415 the following new item:

    ``Sec. 416. Protection against potential synthetic opioid exposure.''.

      TITLE IV--CONSTRUCTION CONSENSUS PROCUREMENT IMPROVEMENT ACT OF 2020

        SEC. 401. SHORT TITLE.
        This title may be cited as the ``Construction Consensus Procurement
    Improvement Act of 2020''.
        SEC. 402. PROHIBITION ON USE OF A REVERSE AUCTION FOR THE AWARD OF
          A CONTRACT FOR DESIGN AND CONSTRUCTION SERVICES.
        (a) Finding.--Congress finds that, in contrast to a traditional
    auction in which the buyers bid up the price, sellers bid down the
    price in a reverse auction.
        (b) Prohibition.--Not later than 180 days after the date of the
    enactment of this Act, the Federal Acquisition Regulation shall be
    amended to prohibit the use of reverse auctions for awarding contracts
    for design and construction services.
        (c) Definitions.--In this section:
            (1) The term ``design and construction services'' means--
                (A) site planning and landscape design;
                (B) architectural and engineering services (as defined in
            section 1102 of title 40, United States Code);
                (C) interior design;
                (D) performance of substantial construction work for
            facility, infrastructure, and environmental restoration
            projects;
                (E) delivery and supply of construction materials to
            construction sites; or
                (F) construction or substantial alteration of public
            buildings or public works.
            (2) The term ``reverse auction'' means, with respect to any
        procurement by an executive agency--
                (A) a real-time auction conducted through an electronic
            medium among 2 or more offerors who compete by submitting bids
            for a supply or service contract, or a delivery order, task
            order, or purchase order under the contract, with the ability
            to submit revised lower bids at any time before the closing of
            the auction; and
                (B) the award of the contract, delivery order, task order,
            or purchase order to the offeror is solely based on the price
            obtained through the auction process.

                             TITLE V--OVERSIGHT.GOV

        SEC. 501. ESTABLISHMENT AND MAINTENANCE OF OVERSIGHT.GOV;
          AUTHORIZATION OF FUNDS.
        (a) In General.--Section 11 of the Inspector General Act of 1978 (5
    U.S.C. App.) is amended by adding at the end the following:
        ``(e) Oversight.gov.--
            ``(1) Definition.--In this subsection, the term `Office of
        Inspector General' means the Office of--
                ``(A) an Inspector General described in subparagraph (A),
            (B), or (I) of subsection (b)(1);
                ``(B) the Special Inspector General for Afghanistan
            Reconstruction established under section 1229 of the National
            Defense Authorization Act for Fiscal Year 2008 (Public Law 110-
            181; 122 Stat. 379);
                ``(C) the Special Inspector General for the Troubled Asset
            Relief Plan established under section 121 of title I of the
            Emergency Economic Stabilization Act of 2008 (12 U.S.C. 5231);
            and
                ``(D) the Special Inspector General for Pandemic Recovery
            established under section 4018 of the CARES Act (15 U.S.C.
            9053).
            ``(2) Establishment.--The Council shall establish and maintain
        a website entitled `oversight.gov'--
                ``(A) to consolidate all public reports from each Office of
            Inspector General to improve the access of the public to any
            audit report, inspection report, or evaluation report (or
            portion of any such report) made by an Office of Inspector
            General; and
                ``(B) that shall include any additional resources,
            information, and enhancements as the Council determines are
            necessary or desirable.
            ``(3) Participation of offices of inspectors general.--Each
        Office of Inspector General that publishes an audit report,
        inspection report, or evaluation report (or portion of any such
        report) on the website of the Office of Inspector General shall, or
        in the case of the office of an Inspector General described in
        subparagraph (I) of subsection (b)(1) may, contemporaneously
        publish the report or portion thereof on oversight.gov in a manner
        prescribed by the Council.''.
        (b) Authorization of Appropriations.--For the purposes of carrying
    out the mission of the Council of the Inspectors General on Integrity
    and Efficiency under section 11 of the Inspector General Act of 1978 (5
    U.S.C. App.), as amended by subsection (a), there are authorized to be
    appropriated into the revolving fund described in subsection (c)(3)(B)
    of such section $3,500,000 for fiscal year 2021, to remain available
    until expended, to carry out the duties and functions of the Council.
        (c) Effective Date.--This Act and the amendments made by this Act
    shall take effect on the date that is 30 days after the date of receipt
    by the Council of the Inspectors General on Integrity and Efficiency of
    an appropriation for the implementation of this Act.

              TITLE VI--COUNTER THREATS ADVISORY BOARD ACT OF 2019

        SEC. 601. SHORT TITLE.
        This title may be cited as the ``Counter Threats Advisory Board Act
    of 2019''.
        SEC. 602. DEPARTMENT OF HOMELAND SECURITY COUNTER THREATS ADVISORY
          BOARD.
        (a) In General.--Subtitle A of title II of the Homeland Security
    Act of 2002 (6 U.S.C. 121 et seq.) is amended by inserting after
    section 210E the following:
    ``SEC. 210F. DEPARTMENTAL COORDINATION ON COUNTER THREATS.
        ``(a) Establishment.--There is authorized in the Department, for a
    period of 2 years beginning after the date of enactment of this
    section, a Counter Threats Advisory Board (in this section referred to
    as the `Board') which shall--
            ``(1) be composed of senior representatives of departmental
        operational components and headquarters elements; and
            ``(2) coordinate departmental intelligence activities and
        policy and information related to the mission and functions of the
        Department that counter threats.
        ``(b) Charter.--There shall be a charter to govern the structure
    and mission of the Board, which shall--
            ``(1) direct the Board to focus on the current threat
        environment and the importance of aligning departmental activities
        to counter threats under the guidance of the Secretary; and
            ``(2) be reviewed and updated as appropriate.
        ``(c) Members.--
            ``(1) In general.--The Board shall be composed of senior
        representatives of departmental operational components and
        headquarters elements.
            ``(2) Chair.--The Under Secretary for Intelligence and Analysis
        shall serve as the Chair of the Board.
            ``(3) Members.--The Secretary shall appoint additional members
        of the Board from among the following:
                ``(A) The Transportation Security Administration.
                ``(B) U.S. Customs and Border Protection.
                ``(C) U.S. Immigration and Customs Enforcement.
                ``(D) The Federal Emergency Management Agency.
                ``(E) The Coast Guard.
                ``(F) U.S. Citizenship and Immigration Services.
                ``(G) The United States Secret Service.
                ``(H) The Cybersecurity and Infrastructure Security Agency.
                ``(I) The Office of Operations Coordination.
                ``(J) The Office of the General Counsel.
                ``(K) The Office of Intelligence and Analysis.
                ``(L) The Office of Strategy, Policy, and Plans.
                ``(M) The Science and Technology Directorate.
                ``(N) The Office for State and Local Law Enforcement.
                ``(O) The Privacy Office.
                ``(P) The Office for Civil Rights and Civil Liberties.
                ``(Q) Other departmental offices and programs as determined
            appropriate by the Secretary.
        ``(d) Meetings.--The Board shall--
            ``(1) meet on a regular basis to discuss intelligence and
        coordinate ongoing threat mitigation efforts and departmental
        activities, including coordination with other Federal, State,
        local, tribal, territorial, and private sector partners; and
            ``(2) make recommendations to the Secretary.
        ``(e) Terrorism Alerts.--The Board shall advise the Secretary on
    the issuance of terrorism alerts under section 203.
        ``(f) Prohibition on Additional Funds.--No additional funds are
    authorized to carry out this section.''.
        (b) Technical and Conforming Amendment.--The table of contents in
    section 1(b) of the Homeland Security Act of 2002 (Public Law 107-296;
    116 Stat. 2135) is amended by inserting after the item relating to
    section 210E the following:

    ``Sec. 210F. Departmental coordination on counter threats.''.

        (c) Report.--Not later than 90 days after the date of enactment of
    this Act, the Secretary of Homeland Security, acting through the Chair
    of the Counter Threats Advisory Board established under section 210F of
    the Homeland Security Act of 2002, as added by subsection (a), shall
    submit to the Committee on Homeland Security and Governmental Affairs
    of the Senate and the Committee on Homeland Security of the House of
    Representatives a report on the status and activities of the Counter
    Threats Advisory Board.
        (d) Notice.--The Secretary of Homeland Security shall provide
    written notification to and brief the Committee on Homeland Security
    and Governmental Affairs of the Senate and the Committee on Homeland
    Security of the House of Representatives on any changes to or
    introductions of new mechanisms to coordinate threats across the
    Department of Homeland Security.

      TITLE VII--DHS COUNTERING UNMANNED AIRCRAFT SYSTEMS COORDINATOR ACT

        SEC. 701. DHS COUNTERING UNMANNED AIRCRAFT SYSTEMS COORDINATOR ACT.
        (a) Short Title.--This title may be cited as the ``DHS Countering
    Unmanned Aircraft Systems Coordinator Act''.
        (b) Countering Unmanned Aircraft Systems Coordinator.--
            (1) In general.--Title III of the Homeland Security Act of 2002
        (6 U.S.C. 181 et seq.) is amended by adding at the end the
        following new section:
        ``SEC. 321. COUNTERING UNMANNED AIRCRAFT SYSTEMS COORDINATOR.
        ``(a) Coordinator.--
            ``(1) In general.--The Secretary shall designate an individual
        in a Senior Executive Service position (as defined in section 3132
        of title 5, United States Code) of the Department within the Office
        of Strategy, Policy, and Plans as the Countering Unmanned Aircraft
        Systems Coordinator (in this section referred to as the
        `Coordinator') and provide appropriate staff to carry out the
        responsibilities of the Coordinator.
            ``(2) Responsibilities.--The Coordinator shall--
                ``(A) oversee and coordinate with relevant Department
            offices and components, including the Office of Civil Rights
            and Civil Liberties and the Privacy Office, on the development
            of guidance and regulations to counter threats associated with
            unmanned aircraft systems (in this section referred to as
            `UAS') as described in section 210G;
                ``(B) promote research and development of counter UAS
            technologies in coordination within the Science and Technology
            Directorate;
                ``(C) coordinate with the relevant components and offices
            of the Department, including the Office of Intelligence and
            Analysis, to ensure the sharing of information, guidance, and
            intelligence relating to countering UAS threats, counter UAS
            threat assessments, and counter UAS technology, including the
            retention of UAS and counter UAS incidents within the
            Department;
                ``(D) serve as the Department liaison, in coordination with
            relevant components and offices of the Department, to the
            Department of Defense, Federal, State, local, and Tribal law
            enforcement entities, and the private sector regarding the
            activities of the Department relating to countering UAS;
                ``(E) maintain the information required under section
            210G(g)(3); and
                ``(F) carry out other related counter UAS authorities and
            activities under section 210G, as directed by the Secretary.
        ``(b) Coordination With Applicable Federal Laws.--The Coordinator
    shall, in addition to other assigned duties, coordinate with relevant
    Department components and offices to ensure testing, evaluation, or
    deployment of a system used to identify, assess, or defeat a UAS is
    carried out in accordance with applicable Federal laws.
        ``(c) Coordination With Private Sector.--The Coordinator shall,
    among other assigned duties, working with the Office of Partnership and
    Engagement and other relevant Department offices and components, or
    other Federal agencies, as appropriate, serve as the principal
    Department official responsible for sharing to the private sector
    information regarding counter UAS technology, particularly information
    regarding instances in which counter UAS technology may impact lawful
    private sector services or systems.''.
            (2) Technical and conforming amendment.--The table of contents
        in section 1(b) of the Homeland Security Act of 2002 (Public Law
        107-296; 116 Stat. 2135) is amended by inserting after the item
        relating to section 320 the following:

    ``Sec. 321. Countering Unmanned Aircraft Systems Coordinator.''.

                      TITLE VIII--WHISTLEBLOWER PROTECTION

        SEC. 801. PROTECTION AGAINST REPRISAL FOR FEDERAL SUBGRANTEE
          EMPLOYEES.
        Section 4712 of title 41, United States Code, is amended--
            (1) in subsection (a)(2)(G), by striking ``or grantee'' and
        inserting ``grantee, or subgrantee'';
            (2) in subsection (a)(3)(A), by striking ``contractor,
        subcontractor, or grantee'' and inserting ``contractor,
        subcontractor, grantee, or subgrantee'';
            (3) in subsection (b)(1), by striking ``contractor or grantee''
        and inserting ``contractor, subcontractor, grantee, or
        subgrantee'';
            (4) in subsection (c), by striking ``contractor or grantee''
        each place it appears and inserting ``contractor, subcontractor,
        grantee, or subgrantee'';
            (5) in subsection (d), by striking ``and grantees'' and
        inserting ``grantees, and subgrantees''; and
            (6) in subsection (f), by striking ``or grantee'' each place it
        appears and inserting ``grantee, or subgrantee''.

                          TITLE IX--DOTGOV ACT OF 2020

        SEC. 901. SHORT TITLE.
        This title may be cited as the ``DOTGOV Online Trust in Government
    Act of 2020'' or the ``DOTGOV Act of 2020''.
        SEC. 902. FINDINGS.
        Congress finds that--
            (1) the .gov internet domain reflects the work of United States
        innovators in inventing the internet and the role that the Federal
        Government played in guiding the development and success of the
        early internet;
            (2) the .gov internet domain is a unique resource of the United
        States that reflects the history of innovation and global
        leadership of the United States;
            (3) when online public services and official communications
        from any level and branch of government use the .gov internet
        domain, they are easily recognized as official and difficult to
        impersonate;
            (4) the citizens of the United States deserve online public
        services that are safe, recognizable, and trustworthy;
            (5) the .gov internet domain should be available at no cost or
        a negligible cost to any Federal, State, local, or territorial
        government-operated or publicly controlled entity, including any
        Tribal government recognized by the Federal Government or a State
        government, for use in their official services, operations, and
        communications;
            (6) the .gov internet domain provides a critical service to
        those Federal, State, local, Tribal, and territorial governments;
        and
            (7) the .gov internet domain should be operated transparently
        and in the spirit of public accessibility, privacy, and security.
        SEC. 903. DEFINITIONS.
        In this Act--
            (1) the term ``Administrator'' means the Administrator of
        General Services;
            (2) the term ``agency'' has the meaning given the term in
        section 3502 of title 44, United States Code;
            (3) the term ``Director'' means the Director of the
        Cybersecurity and Infrastructure Security Agency;
            (4) the term ``online service'' means any internet-facing
        service, including a website, email, a virtual private network, or
        a custom application; and
            (5) the term ``State'' means any State of the United States,
        the District of Columbia, the Commonwealth of Puerto Rico, the
        Virgin Islands, Guam, American Samoa, the Commonwealth of the
        Northern Mariana Islands, and any possession of the United States.
        SEC. 904. DUTIES OF DEPARTMENT OF HOMELAND SECURITY.
        (a) Purpose.--The purpose of the .gov internet domain program is
    to--
            (1) legitimize and enhance public trust in government entities
        and their online services;
            (2) facilitate trusted electronic communication and connections
        to and from government entities;
            (3) provide simple and secure registration of .gov internet
        domains;
            (4) improve the security of the services hosted within these
        .gov internet domains, and of the .gov namespace in general; and
            (5) enable the discoverability of government services to the
        public and to domain registrants.
        (b) Duties and Authorities Relating to the .gov Internet Domain.--
            (1) In general.--Subtitle A of title XXII of the Homeland
        Security Act (6 U.S.C. 651 et seq.) is amended--
                (A) in section 2202(c) (6 U.S.C. 652(c))--
                    (i) in paragraph (10), by striking ``and'' at the end;
                    (ii) by redesignating paragraph (11) as paragraph (12);
                and
                    (iii) by inserting after paragraph (10) the following:
            ``(11) carry out the duties and authorities relating to the
        .gov internet domain, as described in section 2215; and''; and
                (B) by adding at the end the following:
    ``SEC. 2215. DUTIES AND AUTHORITIES RELATING TO .GOV INTERNET DOMAIN.
        ``(a) Definition.--In this section, the term `agency' has the
    meaning given the term in section 3502 of title 44, United States Code.
        ``(b) Availability of .gov Internet Domain.--The Director shall
    make .gov internet domain name registration services, as well as any
    supporting services described in subsection (e), generally available--
            ``(1) to any Federal, State, local, or territorial government
        entity, or other publicly controlled entity, including any Tribal
        government recognized by the Federal Government or a State
        government, that complies with the requirements for registration
        developed by the Director as described in subsection (c);
            ``(2) without conditioning registration on the sharing of any
        information with the Director or any other Federal entity, other
        than the information required to meet the requirements described in
        subsection (c); and
            ``(3) without conditioning registration on participation in any
        separate service offered by the Director or any other Federal
        entity.
        ``(c) Requirements.--The Director, with the approval of the
    Director of the Office of Management and Budget for agency .gov
    internet domain requirements and in consultation with the Director of
    the Office of Management and Budget for .gov internet domain
    requirements for entities that are not agencies, shall establish and
    publish on a publicly available website requirements for the
    registration and operation of .gov internet domains sufficient to--
            ``(1) minimize the risk of .gov internet domains whose names
        could mislead or confuse users;
            ``(2) establish that .gov internet domains may not be used for
        commercial or political campaign purposes;
            ``(3) ensure that domains are registered and maintained only by
        authorized individuals; and
            ``(4) limit the sharing or use of any information obtained
        through the administration of the .gov internet domain with any
        other Department component or any other agency for any purpose
        other than the administration of the .gov internet domain, the
        services described in subsection (e), and the requirements for
        establishing a .gov inventory described in subsection (h).
        ``(d) Executive Branch.--
            ``(1) In general.--The Director of the Office of Management and
        Budget shall establish applicable processes and guidelines for the
        registration and acceptable use of .gov internet domains by
        agencies.
            ``(2) Approval required.--The Director shall obtain the
        approval of the Director of the Office of Management and Budget
        before registering a .gov internet domain name for an agency.
            ``(3) Compliance.--Each agency shall ensure that any website or
        digital service of the agency that uses a .gov internet domain is
        in compliance with the 21st Century IDEA Act (44 U.S.C. 3501 note)
        and implementation guidance issued pursuant to that Act.
        ``(e) Supporting Services.--
            ``(1) In general.--The Director may provide services to the
        entities described in subsection (b)(1) specifically intended to
        support the security, privacy, reliability, accessibility, and
        speed of registered .gov internet domains.
            ``(2) Rule of construction.--Nothing in paragraph (1) shall be
        construed to--
                ``(A) limit other authorities of the Director to provide
            services or technical assistance to an entity described in
            subsection (b)(1); or
                ``(B) establish new authority for services other than those
            the purpose of which expressly supports the operation of .gov
            internet domains and the needs of .gov internet domain
            registrants.
        ``(f) Fees.--
            ``(1) In general.--The Director may provide any service
        relating to the availability of the .gov internet domain program,
        including .gov internet domain name registration services described
        in subsection (b) and supporting services described in subsection
        (e), to entities described in subsection (b)(1) with or without
        reimbursement, including variable pricing.
            ``(2) Limitation.--The total fees collected for new .gov
        internet domain registrants or annual renewals of .gov internet
        domains shall not exceed the direct operational expenses of
        improving, maintaining, and operating the .gov internet domain,
        .gov internet domain services, and .gov internet domain supporting
        services.
        ``(g) Consultation.--The Director shall consult with the Director
    of the Office of Management and Budget, the Administrator of General
    Services, other civilian Federal agencies as appropriate, and entities
    representing State, local, Tribal, or territorial governments in
    developing the strategic direction of the .gov internet domain and in
    establishing requirements under subsection (c), in particular on
    matters of privacy, accessibility, transparency, and technology
    modernization.
        ``(h) .gov Inventory.--
            ``(1) In general.--The Director shall, on a continuous basis--
                ``(A) inventory all hostnames and services in active use
            within the .gov internet domain; and
                ``(B) provide the data described in subparagraph (A) to
            domain registrants at no cost.
            ``(2) Requirements.--In carrying out paragraph (1)--
                ``(A) data may be collected through analysis of public and
            non-public sources, including commercial data sets;
                ``(B) the Director shall share with Federal and non-Federal
            domain registrants all unique hostnames and services discovered
            within the zone of their registered domain;
                ``(C) the Director shall share any data or information
            collected or used in the management of the .gov internet domain
            name registration services relating to Federal executive branch
            registrants with the Director of the Office of Management and
            Budget for the purpose of fulfilling the duties of the Director
            of the Office of Management and Budget under section 3553 of
            title 44, United States Code;
                ``(D) the Director shall publish on a publicly available
            website discovered hostnames that describe publicly accessible
            agency websites, to the extent consistent with the security of
            Federal information systems but with the presumption of
            disclosure;
                ``(E) the Director may publish on a publicly available
            website any analysis conducted and data collected relating to
            compliance with Federal mandates and industry best practices,
            to the extent consistent with the security of Federal
            information systems but with the presumption of disclosure; and
                ``(F) the Director shall--
                    ``(i) collect information on the use of non-.gov
                internet domain suffixes by agencies for their official
                online services;
                    ``(ii) collect information on the use of non-.gov
                internet domain suffixes by State, local, Tribal, and
                territorial governments; and
                    ``(iii) publish the information collected under clause
                (i) on a publicly available website to the extent
                consistent with the security of the Federal information
                systems, but with the presumption of disclosure.
            ``(3) National security coordination.--
                ``(A) In general.--In carrying out this subsection, the
            Director shall inventory, collect, and publish hostnames and
            services in a manner consistent with the protection of national
            security information.
                ``(B) Limitation.--The Director may not inventory, collect,
            or publish hostnames or services under this subsection if the
            Director, in coordination with other heads of agencies, as
            appropriate, determines that the collection or publication
            would--
                    ``(i) disrupt a law enforcement investigation;
                    ``(ii) endanger national security or intelligence
                activities;
                    ``(iii) impede national defense activities or military
                operations; or
                    ``(iv) hamper security remediation actions.
            ``(4) Strategy.--Not later than 180 days after the date of
        enactment of this section, the Director shall develop and submit to
        the Committee on Homeland Security and Governmental Affairs and the
        Committee on Rules and Administration of the Senate and the
        Committee on Homeland Security, the Committee on Oversight and
        Reform, and the Committee on House Administration of the House of
        Representatives a strategy to utilize the information collected
        under this subsection for countering malicious cyber activity.''.
            (2) Additional duties.--
                (A) Outreach strategy.--Not later than 1 year after the
            date of enactment of this Act, the Director, in consultation
            with the Administrator and entities representing State, local,
            Tribal, or territorial governments, shall develop and submit to
            the Committee on Homeland Security and Governmental Affairs and
            the Committee on Rules and Administration of the Senate and the
            Committee on Homeland Security, the Committee on Oversight and
            Reform, and the Committee on House Administration of the House
            of Representatives an outreach strategy to local, Tribal, and
            territorial governments and other publicly controlled entities
            as determined by the Director to inform and support migration
            to the .gov internet domain, which shall include--
                    (i) stakeholder engagement plans; and
                    (ii) information on how migrating information
                technology systems to the .gov internet domain is
                beneficial to that entity, including benefits relating to
                cybersecurity and the supporting services offered by the
                Federal Government.
                (B) Reference guide.--Not later than 1 year after the date
            of enactment of this Act, the Director, in consultation with
            the Administrator and entities representing State, local,
            Tribal, or territorial governments, shall develop and publish
            on a publicly available website a reference guide for migrating
            online services to the .gov internet domain, which shall
            include--
                    (i) process and technical information on how to carry
                out a migration of common categories of online services,
                such as web and email services;
                    (ii) best practices for cybersecurity pertaining to
                registration and operation of a .gov internet domain; and
                    (iii) references to contract vehicles and other private
                sector resources vetted by the Director that may assist in
                performing the migration.
                (C) Security enhancement plan.--Not later than 1 year after
            the date of enactment of this Act, the Director shall develop
            and submit to the Committee on Homeland Security and
            Governmental Affairs and the Committee on Rules and
            Administration of the Senate and the Committee on Homeland
            Security, the Committee on Oversight and Reform, and the
            Committee on House Administration of the House of
            Representatives a .gov internet domain security enhancement
            strategy and implementation plan on how to improve the
            cybersecurity benefits of the .gov internet domain during the
            5-year period following the date of enactment of this Act,
            which shall include--
                    (i) a modernization plan for the information systems
                that support operation of the .gov top-level internet
                domain, such as the registrar portal, and how these
                information systems will remain current with evolving
                security trends;
                    (ii) a modernization plan for the structure of the .gov
                program and any supporting contracts, and how the program
                and contracts can remain flexible over time so as to take
                advantage of emerging technology and cybersecurity
                developments; and
                    (iii) an outline of specific security enhancements the
                .gov program intends to provide to users during that 5-year
                period.
            (3) Technical and conforming amendment.--The table of contents
        in section 1(b) of the Homeland Security Act of 2002 (Public Law
        107-196; 116 Stat. 2135) is amended by inserting after the item
        relating to section 2214 the following:

    ``Sec. 2215. Duties and authorities relating to .gov internet domain.''.

        (c) Homeland Security Grants.--Section 2008(a) of the Homeland
    Security Act of 2002 (6 U.S.C. 609(a)) is amended--
            (1) in paragraph (13), by striking ``and'' at the end;
            (2) by redesignating paragraph (14) as paragraph (15); and
            (3) by inserting after paragraph (13) the following:
            ``(14) migrating any online service (as defined in section 3 of
        the DOTGOV Online Trust in Government Act of 2020) to the .gov
        internet domain; and''.
        SEC. 905. REPORT.
        Not later than 1 year after the date of enactment of this Act, and
    every 2 years thereafter for 4 years, the Director shall submit a
    report to or conduct a detailed briefing for the Committee on Homeland
    Security and Governmental Affairs and the Committee on Rules and
    Administration of the Senate and the Committee on Homeland Security,
    the Committee on Oversight and Reform, and the Committee on House
    Administration of the House of Representatives on the status of--
            (1) the outreach strategy described in section 904(b)(2)(A);
            (2) the security enhancement strategy and implementation plan
        described in section 904(b)(2)(C);
            (3) the inventory described in 2215(f) of the Homeland Security
        Act of 2002, as added by section 904(b) of this Act;
            (4) the supporting services described in section 2215(c)(1) of
        the Homeland Security Act of 2002, as added by section 904(b) of
        this Act; and
            (5) the development, assessment, and determination of the
        amount of any fees imposed on new .gov internet domain registrants
        or annual renewals of .gov internet domains in accordance with
        section 2215(d) of the Homeland Security Act of 2002, as added by
        section 904(b) of this Act.
        SEC. 906. RESEARCH AND DEVELOPMENT.
        Not later than 1 year after the date of enactment of this Act, the
    Under Secretary for Science and Technology of the Department shall
    conduct a study and submit to the Director a report on mechanisms for
    improving the cybersecurity benefits of the .gov internet domain,
    including--
            (1) how information systems support operation of the .gov top-
        level internet domain, such as the registrar portal, and how these
        information systems can remain current with evolving security
        trends;
            (2) how the structure of the .gov internet domain program can
        take advantage of emerging technology and cybersecurity
        developments; and
            (3) additional mechanisms to improve the cybersecurity of the
        .gov internet domain.
        SEC. 907. TRANSITION.
        (a) There shall be transferred to the Director the .gov internet
    domain program, as operated by the General Services Administration
    under title 41, Code of Federal Regulations, on the date on which the
    Director begins operational administration of the .gov internet domain
    program, in accordance with subsection (c).
        (b) Not later than 30 days after the date of enactment of this Act,
    the Director shall submit a plan for the operational and contractual
    transition of the .gov internet domain program to the Committee on
    Homeland Security and Governmental Affairs and the Committee on Rules
    and Administration of the Senate and the Committee on Homeland
    Security, the Committee on Oversight and Reform, and the Committee on
    House Administration of the House of Representatives.
        (c) Not later than 120 days after the date of enactment of this
    Act, the Director shall begin operationally administering the .gov
    internet domain program, and shall publish on a publicly available
    website the requirements for domain registrants as described in section
    2215(b) of the Homeland Security Act of 2002, as added by section
    904(b) of this Act.
        (d) On the date on which the Director begins operational
    administration of the .gov internet domain program, in accordance with
    subsection (c), the Administrator shall rescind the requirements in
    part 102-173 of title 41, Code of Federal Regulations.
        (e) During the 5-year period beginning on the date of enactment of
    this Act, any fee charged to entities that are not agencies for new
    .gov internet domain registrants or annual renewals of .gov internet
    domains shall be not more than the amount of the fee charged for such
    registration or renewal as of October 1, 2019.

                       TITLE X--REAL ID MODERNIZATION ACT

    SEC. 1001. REAL ID MODERNIZATION.
        (a) Short Title.--This title may be cited as the ``REAL ID
    Modernization Act''.
        (b) REAL ID Act Amendments.--
            (1) Definitions.--Section 201 of the REAL ID Act of 2005
        (division B of Public Law 109-13; 49 U.S.C. 30301 note) is
        amended--
                (A) in paragraph (1)--
                    (i) by striking ``The term `driver's license' means''
                and inserting the following: ``The term `driver's
                license'--
                ``(A) means''; and
                    (ii) by striking ``Code.'' and inserting the following:
                ``Code; and
                ``(B) includes driver's licenses stored or accessed via
            electronic means, such as mobile or digital driver's licenses,
            which have been issued in accordance with regulations
            prescribed by the Secretary.''; and
                (B) in paragraph (2)--
                    (i) by striking ``The term `identification card'
                means'' and inserting the following: ``The term
                `identification card'--
                ``(A) means''; and
                    (ii) by striking ``State.'' and inserting the
                following: ``State; and
                ``(B) includes identification cards stored or accessed via
            electronic means, such as mobile or digital identification
            cards, which have been issued in accordance with regulations
            prescribed by the Secretary.''.
            (2) Minimum requirements for federal recognition.--Section 202
        of the REAL ID Act of 2005 (division B of Public Law 109-13; 49
        U.S.C. 30301 note) is amended--
                (A) in the section heading, by striking ``document'';
                (B) in subsection (a)--
                    (i) in paragraph (2), by striking ``, in consultation
                with the Secretary of Transportation,''; and
                    (ii) by adding at the end the following:
            ``(3) Limitation.--The presentation of digital information from
        a mobile or digital driver's license or identification card to an
        official of a Federal agency for an official purpose may not be
        construed to grant consent for such Federal agency to seize the
        electronic device on which the license or card is stored or to
        examine any other information contained on such device.'';
                (C) in subsection (b)--
                    (i) in the subsection heading, by striking ``Document''
                and inserting ``Driver's License and Identification Card'';
                    (ii) in the matter preceding paragraph (1), by
                inserting ``, or as part of,'' after ``features on'';
                    (iii) in paragraph (5), by inserting ``, which may be
                the photograph taken by the State at the time the person
                applies for a driver's license or identification card or
                may be a digital photograph of the person that is already
                on file with the State'' before the period at the end;
                    (iv) in paragraph (6), by striking ``principle'' and
                inserting ``principal''; and
                    (v) in paragraph (8)--

                        (I) by striking ``Physical security'' and inserting
                    ``Security''; and
                        (II) by striking ``document'' and inserting
                    ``driver's license or identification card'';

                (D) in subsection (c)--
                    (i) in paragraph (1)(C), by striking ``Proof of the''
                and inserting ``The'';
                    (ii) by redesignating paragraph (3) as paragraph (4);
                    (iii) by inserting after paragraph (2) the following:
            ``(3) Electronic presentation of identity and lawful status
        information.--A State may accept information required under
        paragraphs (1) and (2) through the use of electronic transmission
        methods if--
                ``(A) the Secretary issues regulations regarding such
            electronic transmission that--
                    ``(i) describe the categories of information eligible
                for electronic transmission; and
                    ``(ii) include measures--

                        ``(I) to ensure the authenticity of the information
                    transmitted;
                        ``(II) to protect personally identifiable
                    information; and
                        ``(III) to detect and prevent identity fraud; and

                ``(B) the State certifies to the Department of Homeland
            Security that its use of such electronic methods complies with
            regulations issued by the Secretary.''; and
                    (iv) in paragraph (4)(A), as redesignated, by striking
                ``each document'' and inserting ``the information and
                documentation''; and
                (E) in subsection (d)--
                    (i) in paragraph (7), by striking ``document materials
                and papers'' and inserting ``materials, records, and
                data'';
                    (ii) in paragraph (8), by striking ``security clearance
                requirements'' and inserting ``background checks''; and
                    (iii) in paragraph (9), by striking ``fraudulent
                document recognition'' and inserting ``fraud detection and
                prevention''.
            (3) Repeal of grants to states.--The REAL ID Act of 2005
        (division B of Public Law 109-13; 49 U.S.C. 30301 note) is amended
        by striking section 204.
            (4) Notification of real id act of 2005 requirements.--The REAL
        ID Act of 2005 (division B of Public Law 109-13; 49 U.S.C. 30301
        note) is amended by adding at the end the following:
        ``SEC. 208. NOTIFICATION OF REQUIREMENTS AND DEADLINES.
        ``During the 15-month period beginning 90 days before the date on
    which Federal agencies will no longer accept, for official purposes,
    driver's licenses and identification cards that do not comply with the
    requirements under section 202, aircraft operators and third party
    reservation entities shall notify passengers about the requirements and
    enforcement deadlines under this Act.''.
        (c) Immediate Burden Reduction Measures.--Notwithstanding any other
    provision of law (including regulations), beginning on the date of the
    enactment of this Act, a State does not need to require an applicant
    for a driver's license or identification card to provide separate
    documentation of the applicant's Social Security account number in
    order to comply with the requirements of the REAL ID Act of 2005
    (division B of Public Law 109-13; 49 U.S.C. 30301 note).

     TITLE XI--SOUTHWEST BORDER SECURITY TECHNOLOGY IMPROVEMENT ACT OF 2020

    SEC. 1101. SHORT TITLE.
        This title may be cited as the ``Southwest Border Security
    Technology Improvement Act of 2020''.
    SEC. 1102. DEFINITIONS.
        In this Act:
            (1) Appropriate congressional committees.--The term
        ``appropriate congressional committees'' means--
                (A) the Committee on Homeland Security and Governmental
            Affairs of the Senate; and
                (B) the Committee on Homeland Security of the House of
            Representatives.
            (2) Department.--The term ``Department'' means the Department
        of Homeland Security.
            (3) Secretary.--The term ``Secretary'' means the Secretary of
        Homeland Security.
            (4) Southwest border.--The term ``Southwest border'' means the
        international land border between the United States and Mexico,
        including the ports of entry along such border.
    SEC. 1103. SOUTHERN BORDER TECHNOLOGY NEEDS ANALYSIS AND UPDATES.
        (a) Technology Needs Analysis.--Not later than 1 year after the
    date of the enactment of this Act, the Secretary shall submit, to the
    appropriate congressional committees, a technology needs analysis for
    border security technology along the Southwest border.
        (b) Contents.--The analysis required under subsection (a) shall
    include an assessment of--
            (1) the technology needs and gaps along the Southwest border--
                (A) to prevent terrorists and instruments of terror from
            entering the United States;
                (B) to combat and reduce cross-border criminal activity,
            including, but not limited to--
                    (i) the transport of illegal goods, such as illicit
                drugs; and
                    (ii) human smuggling and human trafficking; and
                (C) to facilitate the flow of legal trade across the
            Southwest border;
            (2) recent technological advancements in--
                (A) manned aircraft sensor, communication, and common
            operating picture technology;
                (B) unmanned aerial systems and related technology,
            including counter-unmanned aerial system technology;
                (C) surveillance technology, including--
                    (i) mobile surveillance vehicles;
                    (ii) associated electronics, including cameras, sensor
                technology, and radar;
                    (iii) tower-based surveillance technology;
                    (iv) advanced unattended surveillance sensors; and
                    (v) deployable, lighter-than-air, ground surveillance
                equipment;
                (D) nonintrusive inspection technology, including non-X-ray
            devices utilizing muon tomography and other advanced detection
            technology;
                (E) tunnel detection technology; and
                (F) communications equipment, including--
                    (i) radios;
                    (ii) long-term evolution broadband; and
                    (iii) miniature satellites;
            (3) any other technological advancements that the Secretary
        determines to be critical to the Department's mission along the
        Southwest border;
            (4) whether the use of the technological advances described in
        paragraphs (2) and (3) will--
                (A) improve border security;
                (B) improve the capability of the Department to accomplish
            its mission along the Southwest border;
                (C) reduce technology gaps along the Southwest border; and
                (D) enhance the safety of any officer or agent of the
            Department or any other Federal agency;
            (5) the Department's ongoing border security technology
        development efforts, including efforts by--
                (A) U.S. Customs and Border Protection;
                (B) the Science and Technology Directorate; and
                (C) the technology assessment office of any other
            operational component;
            (6) the technology needs for improving border security, such
        as--
                (A) information technology or other computer or computing
            systems data capture;
                (B) biometrics;
                (C) cloud storage; and
                (D) intelligence data sharing capabilities among agencies
            within the Department;
            (7) any other technological needs or factors, including border
        security infrastructure, such as physical barriers or dual-purpose
        infrastructure, that the Secretary determines should be considered;
        and
            (8) currently deployed technology or new technology that would
        improve the Department's ability--
                (A) to reasonably achieve operational control and
            situational awareness along the Southwest border; and
                (B) to collect metrics for securing the border at and
            between ports of entry, as required under subsections (b) and
            (c) of section 1092 of division A of the National Defense
            Authorization Act for Fiscal Year 2017 (6 U.S.C. 223).
        (c) Updates.--
            (1) In general.--Not later than 2 years after the submission of
        the analysis required under subsection (a), and biannually
        thereafter for the following 4 years, the Secretary shall submit an
        update to such analysis to the appropriate congressional
        committees.
            (2) Contents.--Each update required under paragraph (1) shall
        include a plan for utilizing the resources of the Department to
        meet the border security technology needs and gaps identified
        pursuant to subsection (b), including developing or acquiring
        technologies not currently in use by the Department that would
        allow the Department to bridge existing border technology gaps
        along the Southwest border.
        (d) Items to Be Considered.--In compiling the technology needs
    analysis and updates required under this section, the Secretary shall
    consider and examine--
            (1) technology that is deployed and is sufficient for the
        Department's use along the Southwest border;
            (2) technology that is deployed, but is insufficient for the
        Department's use along the Southwest border; and
            (3) technology that is not deployed, but is necessary for the
        Department's use along the Southwest border;
            (4) current formal departmental requirements documentation
        examining current border security threats and challenges faced by
        any component of the Department;
            (5) trends and forecasts regarding migration across the
        Southwest border;
            (6) the impact on projected staffing and deployment needs for
        the Department, including staffing needs that may be fulfilled
        through the use of technology;
            (7) the needs and challenges faced by employees of the
        Department who are deployed along the Southwest border;
            (8) the need to improve cooperation among Federal, State,
        tribal, local, and Mexican law enforcement entities to enhance
        security along the Southwest border;
            (9) the privacy implications of existing technology and the
        acquisition and deployment of new technologies and supporting
        infrastructure, with an emphasis on how privacy risks might be
        mitigated through the use of technology, training, and policy;
            (10) the impact of any ongoing public health emergency that
        impacts Department operations along the Southwest border; and
            (11) the ability of, and the needs for, the Department to
        assist with search and rescue efforts for individuals or groups
        that may be in physical danger or in need of medical assistance.
        (e) Classified Form.--To the extent possible, the Secretary shall
    submit the technology needs analysis and updates required under this
    section in unclassified form, but may submit such documents, or
    portions of such documents, in classified form if the Secretary
    determines that such action is appropriate.

         DIVISION V--AIRCRAFT CERTIFICATION, SAFETY, AND ACCOUNTABILITY
          TITLE I--AIRCRAFT CERTIFICATION, SAFETY, AND ACCOUNTABILITY

        SEC. 101. SHORT TITLE; TABLE OF CONTENTS.
        (a) Short Title.--This title may be cited as the ``Aircraft
    Certification, Safety, and Accountability Act''.
        (b) Table of Contents.--The table of contents for this title is as
    follows:

           TITLE I--AIRCRAFT CERTIFICATION, SAFETY, AND ACCOUNTABILITY

    Sec. 101. Short title; table of contents.
    Sec. 102. Safety management systems.
    Sec. 103. Expert review of organization designation authorizations for
              transport airplanes.
    Sec. 104. Certification oversight staff.
    Sec. 105. Disclosure of safety critical information.
    Sec. 106. Limitation on delegation.
    Sec. 107. Oversight of organization designation authorization unit
              members.
    Sec. 108. Integrated project teams.
    Sec. 109. Oversight integrity briefing.
    Sec. 110. Appeals of certification decisions.
    Sec. 111. Employment restrictions.
    Sec. 112. Professional development, skills enhancement, continuing
              education and training.
    Sec. 113. Voluntary safety reporting program.
    Sec. 114. Compensation limitation.
    Sec. 115. System safety assessments and other requirements.
    Sec. 116. Flight crew alerting.
    Sec. 117. Changed product rule.
    Sec. 118. Whistleblower protections.
    Sec. 119. Domestic and international pilot training.
    Sec. 120. Nonconformity with approved type design.
    Sec. 121. Implementation of recommendations.
    Sec. 122. Oversight of FAA compliance program.
    Sec. 123. Settlement agreement.
    Sec. 124. Human factors education program.
    Sec. 125. Best practices for organization designation authorizations.
    Sec. 126. Human factors research.
    Sec. 127. FAA Center of Excellence for automated systems and human
              factors in aircraft.
    Sec. 128. Pilot operational evaluations.
    Sec. 129. Ensuring appropriate responsibility of aircraft certification
              and flight standards performance objectives and metrics.
    Sec. 130. Transport airplane risk assessment methodology.
    Sec. 131. National air grant fellowship program.
    Sec. 132. Emerging safety trends in aviation.
    Sec. 133. FAA accountability enhancement.
    Sec. 134. Authorization of appropriations for the advanced materials
              center of excellence.
    Sec. 135. Promoting Aviation Regulations for Technical Training.
    Sec. 136. Independent study on type certification reform.
    Sec. 137. Definitions.
        SEC. 102. SAFETY MANAGEMENT SYSTEMS.
        (a) Rulemaking Proceeding.--
            (1) In general.--Not later than 30 days after the date of
        enactment of this title, the Administrator shall initiate a
        rulemaking proceeding to require that manufacturers that hold both
        a type certificate and a production certificate issued pursuant to
        section 44704 of title 49, United States Code, where the United
        States is the State of Design and State of Manufacture, have in
        place a safety management system that is consistent with the
        standards and recommended practices established by ICAO and
        contained in annex 19 to the Convention on International Civil
        Aviation (61 Stat. 1180), for such systems.
            (2) Contents of regulations.--The regulations issued under
        paragraph (1) shall, at a minimum--
                (A) ensure safety management systems are consistent with,
            and complementary to, existing safety management systems;
                (B) include provisions that would permit operational
            feedback from operators and pilots qualified on the
            manufacturers' equipment to ensure that the operational
            assumptions made during design and certification remain valid;
                (C) include provisions for the Administrator's approval of,
            and regular oversight of adherence to, a certificate holder's
            safety management system adopted pursuant to such regulations;
            and
                (D) require such certificate holder to adopt, not later
            than 4 years after the date of enactment of this title, a
            safety management system.
        (b) Final Rule Deadline.--Not later than 24 months after initiating
    the rulemaking under subsection (a), the Administrator shall issue a
    final rule.
        (c) Surveillance and Audit Requirement.--The final rule issued
    pursuant to subsection (b) shall include a requirement for the
    Administrator to implement a systems approach to risk-based
    surveillance by defining and planning inspections, audits, and
    monitoring activities on a continuous basis, to ensure that design and
    production approval holders of aviation products meet and continue to
    meet safety management system requirements under the rule.
        (d) Engagement With ICAO.--The Administrator shall engage with ICAO
    and foreign civil aviation authorities to help encourage the adoption
    of safety management systems for manufacturers on a global basis,
    consistent with ICAO standards.
        (e) Safety Reporting Program.--The regulations issued under
    subsection (a) shall require a safety management system to include a
    confidential employee reporting system through which employees can
    report hazards, issues, concerns, occurrences, and incidents. A
    reporting system under this subsection shall include provisions for
    reporting, without concern for reprisal for reporting, of such items by
    employees in a manner consistent with confidential employee reporting
    systems administered by the Administrator. Such regulations shall also
    require a certificate holder described in subsection (a) to submit a
    summary of reports received under this subsection to the Administrator
    at least twice per year.
        (f) Code of Ethics.--The regulations issued under subsection (a)
    shall require a safety management system to include establishment of a
    code of ethics applicable to all appropriate employees of a certificate
    holder, including officers (as determined by the FAA), which clarifies
    that safety is the organization's highest priority.
        (g) Protection of Safety Information.--Section 44735(a) of title
    49, United States Code, is amended--
            (1) by striking ``title 5 if the report'' and inserting the
        following: ``title 5--
            ``(1) if the report'';
            (2) by striking the period at the end and inserting ``; or'';
        and
            (3) by adding at the end the following:
            ``(2) if the report, data, or other information is submitted to
        the Federal Aviation Administration pursuant to section 102(e) of
        the Aircraft Certification, Safety, and Accountability Act.''.
        SEC. 103. EXPERT REVIEW OF ORGANIZATION DESIGNATION AUTHORIZATIONS
          FOR TRANSPORT AIRPLANES.
        (a) Expert Review.--
            (1) Establishment.--Not later than 30 days after the date of
        enactment of this title, the Administrator shall convene an expert
        panel (in this section referred to as the ``review panel'') to
        review and make findings and recommendations on the matters listed
        in paragraph (2).
            (2) Contents of review.--With respect to each holder of an
        organization designation authorization for the design and
        production of transport airplanes, the review panel shall review
        the following:
                (A) The extent to which the holder's safety management
            processes promote or foster a safety culture consistent with
            the principles of the International Civil Aviation Organization
            Safety Management Manual, Fourth Edition (International Civil
            Aviation Organization Doc. No. 9859) or any similar successor
            document.
                (B) The effectiveness of measures instituted by the holder
            to instill, among employees and contractors of such holder that
            support organization designation authorization functions, a
            commitment to safety above all other priorities.
                (C) The holder's capability, based on the holder's
            organizational structures, requirements applicable to officers
            and employees of such holder, and safety culture, of making
            reasonable and appropriate decisions regarding functions
            delegated to the holder pursuant to the organization
            designation authorization.
                (D) Any other matter determined by the Administrator for
            which inclusion in the review would be consistent with the
            public interest in aviation safety.
            (3) Composition of review panel.--The review panel shall
        consist of--
                (A) 2 representatives of the National Aeronautics and Space
            Administration;
                (B) 2 employees of the Administration's Aircraft
            Certification Service with experience conducting oversight of
            persons not involved in the design or production of transport
            airplanes;
                (C) 1 employee of the Administration's Aircraft
            Certification Service with experience conducting oversight of
            persons involved in the design or production of transport
            airplanes;
                (D) 2 employees of the Administration's Flight Standards
            Service with experience in oversight of safety management
            systems;
                (E) 1 appropriately qualified representative, designated by
            the applicable represented organization, of each of--
                    (i) a labor union representing airline pilots involved
                in both passenger and all-cargo operations;
                    (ii) a labor union, not selected under clause (i),
                representing airline pilots with expertise in the matters
                described in paragraph (2);
                    (iii) a labor union representing employees engaged in
                the assembly of transport airplanes;
                    (iv) the certified bargaining representative under
                section 7111 of title 5, United States Code, for field
                engineers engaged in the audit or oversight of an
                organization designation authorization within the Aircraft
                Certification Service of the Administration;
                    (v) the certified bargaining representative for safety
                inspectors of the Administration; and
                    (vi) a labor union representing employees engaged in
                the design of transport airplanes;
                (F) 2 independent experts who have not served as a
            political appointee in the Administration and--
                    (i) who hold either a baccalaureate or postgraduate
                degree in the field of aerospace engineering or a related
                discipline; and
                    (ii) who have a minimum of 20 years of relevant applied
                experience;
                (G) 4 air carrier employees whose job responsibilities
            include administration of a safety management system;
                (H) 4 individuals representing 4 different holders of
            organization designation authorizations, with preference given
            to individuals representing holders of organization designation
            authorizations for the design or production of aircraft other
            than transport airplanes or for the design or production of
            aircraft engines, propellers, or appliances; and
                (I) 1 individual holding a law degree and who has expertise
            in the legal duties of a holder of an organization designation
            authorization and the interaction with the FAA, except that
            such individual may not, within the 10-year period preceding
            the individual's appointment, have been employed by, or
            provided legal services to, the holder of an organization
            designation authorization referenced in paragraph (2).
            (4) Recommendations.--The review panel shall make
        recommendations to the Administrator regarding suggested actions to
        address any deficiencies found after review of the matters listed
        in paragraph (2).
            (5) Report.--
                (A) Submission.--Not later than 270 days after the date of
            the first meeting of the review panel, the review panel shall
            transmit to the Administrator and the congressional committees
            of jurisdiction a report containing the findings and
            recommendations of the review panel regarding the matters
            listed in paragraph (2), except that such report shall
            include--
                    (i) only such findings endorsed by 10 or more
                individual members of the review panel; and
                    (ii) only such recommendations described in paragraph
                (4) endorsed by 18 or more of the individual members of the
                review panel.
                (B) Dissenting views.--In submitting the report required
            under this paragraph, the review panel shall append to such
            report the dissenting views of any individual member or group
            of members of the review panel regarding the findings or
            recommendations of the review panel.
                (C) Publication.--Not later than 5 days after receiving the
            report under subparagraph (A), the Administrator shall publish
            such report, including any dissenting views appended to the
            report, on the website of the Administration.
                (D) Termination.--The review panel shall terminate upon
            submission of the report under subparagraph (A).
            (6) Administrative provisions.--
                (A) Access to information.--The review panel shall have
            authority to perform the following actions if a majority of the
            total number of review panel members consider each action
            necessary and appropriate:
                    (i) Entering onto the premises of a holder of an
                organization designation authorization referenced in
                paragraph (2) for access to and inspection of records or
                other purposes.
                    (ii) Notwithstanding any other provision of law,
                accessing and inspecting unredacted records directly
                necessary for the completion of the panel's work under this
                section that are in the possession of such holder of an
                organization designation authorization or the
                Administration.
                    (iii) Interviewing employees of such holder of an
                organization designation authorization or the
                Administration as necessary for the panel to complete its
                work.
                (B) Disclosure of financial interests.--Each individual
            serving on the review panel shall disclose to the Administrator
            any financial interest held by such individual, or a spouse or
            dependent of such individual, in a business enterprise engaged
            in the design or production of transport airplanes, aircraft
            engines designed for transport airplanes, or major systems,
            components, or parts thereof.
                (C) Protection of proprietary information; trade secrets.--
                    (i) Marking.--The custodian of a record accessed under
                subparagraph (A) may mark such record as proprietary or
                containing a trade secret. A marking under this
                subparagraph shall not be dispositive with respect to
                whether such record contains any information subject to
                legal protections from public disclosure.
                    (ii) Nondisclosure for non-federal government
                participants.--

                        (I) Non-federal government participants.--Prior to
                    participating on the review panel, each individual
                    serving on the review panel representing a non-Federal
                    entity, including a labor union, shall execute an
                    agreement with the Administrator in which the
                    individual shall be prohibited from disclosing at any
                    time, except as required by law, to any person, foreign
                    or domestic, any non-public information made accessible
                    to the panel under subparagraph (A).
                        (II) Federal employee participants.--Federal
                    employees serving on the review panel as
                    representatives of the Federal Government and who are
                    required to protect proprietary information and trade
                    secrets under section 1905 of title 18, United States
                    Code, shall not be required to execute agreements under
                    this subparagraph.

                    (iii) Protection of voluntarily submitted safety
                information.--Information subject to protection from
                disclosure by the Administration in accordance with
                sections 40123 and 44735 of title 49, United States Code,
                is deemed voluntarily submitted to the Administration under
                such sections when shared with the review panel and retains
                its protection from disclosure (including protection under
                section 552(b)(3) of title 5, United States Code). The
                custodian of a record subject to such protection may mark
                such record as subject to statutory protections. A marking
                under this subparagraph shall not be dispositive with
                respect to whether such record contains any information
                subject to legal protections from public disclosure.
                Members of the review panel will protect voluntarily
                submitted safety information and other otherwise exempt
                information to the extent permitted under applicable law.
                    (iv) Protection of proprietary information and trade
                secrets.--Members of the review panel will protect
                proprietary information, trade secrets, and other otherwise
                exempt information to the extent permitted under applicable
                law.
                    (v) Resolving classification of information.--If the
                review panel and a holder of an organization designation
                authorization subject to review under this section disagree
                as to the proper classification of information described in
                this subparagraph, then an employee of the Administration
                who is not a political appointee shall determine the proper
                classification of such information and whether such
                information will be withheld, in part or in full, from
                release to the public.
                (D) Applicable law.--Public Law 92-463 shall not apply to
            the panel established under this subsection.
                (E) Financial interest defined.--In this paragraph, the
            term ``financial interest''--
                    (i) excludes securities held in an index fund; and
                    (ii) includes--

                        (I) any current or contingent ownership, equity, or
                    security interest;
                        (II) an indebtedness or compensated employment
                    relationship; or
                        (III) any right to purchase or acquire any such
                    interest, including a stock option or commodity future.

        (b) FAA Authority.--
            (1) In general.--After reviewing the findings of the review
        panel submitted under subsection (a)(5), the Administrator may
        limit, suspend, or terminate an organization designation
        authorization subject to review under this section.
            (2) Reinstatement.--The Administrator may condition
        reinstatement of a limited, suspended, or terminated organization
        designation authorization on the holder's implementation of any
        corrective actions determined necessary by the Administrator.
            (3) Rule of construction.--Nothing in this subsection shall be
        construed to limit the Administrator's authority to take any action
        with respect to an organization designation authorization,
        including limitation, suspension, or termination of such
        authorization.
        (c) Organization Designation Authorization Process Improvements.--
    Not later than 1 year after receipt of the recommendations submitted
    under subsection (a)(5), the Administrator shall report to the
    congressional committees of jurisdiction on--
            (1) whether the Administrator has concluded that such holder is
        able to safely and reliably perform all delegated functions in
        accordance with all applicable provisions of chapter 447 of title
        49, United States Code, title 14, Code of Federal Regulations, and
        other orders or requirements of the Administrator, and, if not, the
        Administrator shall outline--
                (A) the risk mitigations or other corrective actions,
            including the implementation timelines of such mitigations or
            actions, the Administrator has established for or required of
            such holder as prerequisites for a conclusion by the
            Administrator under this paragraph; or
                (B) the status of any ongoing investigatory actions;
            (2) the status of implementation of each of the recommendations
        of the review panel, if any, with which the Administrator concurs;
            (3) the status of procedures under which the Administrator will
        conduct focused oversight of such holder's processes for performing
        delegated functions with respect to the design of new and
        derivative transport airplanes and the production of such
        airplanes; and
            (4) the Administrator's efforts, to the maximum extent
        practicable and subject to appropriations, to increase the number
        of engineers, inspectors, and other qualified technical experts, as
        necessary to fulfill the requirements of this section, in--
                (A) each office of the Administration responsible for
            dedicated oversight of such holder; and
                (B) the System Oversight Division, or any successor
            division, of the Aircraft Certification Service.
        (d) Non-concurrence With Recommendations.--Not later than 6 months
    after receipt of the recommendations submitted under subsection (a)(5),
    with respect to each recommendation of the review panel with which the
    Administrator does not concur, if any, the Administrator shall publish
    on the website of the Administration and submit to the congressional
    committees of jurisdiction a detailed explanation as to why, including
    if the Administrator believes implementation of such recommendation
    would not improve aviation safety.
        SEC. 104. CERTIFICATION OVERSIGHT STAFF.
        (a) Authorization of Appropriations.--There is authorized to be
    appropriated to the Administrator $27,000,000 for each of fiscal years
    2021 through 2023 to recruit and retain engineers, safety inspectors,
    human factors specialists, chief scientific and technical advisors,
    software and cybersecurity experts, and other qualified technical
    experts who perform duties related to the certification of aircraft,
    aircraft engines, propellers, appliances, and new and emerging
    technologies, and perform other regulatory activities.
        (b) In General.--Not later than 60 days after the date of enactment
    of this title, and without duplicating any recently completed or
    ongoing reviews, the Administrator shall initiate a review of--
            (1) the inspectors, human factors specialists, flight test
        pilots, engineers, managers, and executives in the FAA who are
        responsible for the certification of the design, manufacture, and
        operation of aircraft intended for air transportation for purposes
        of determining whether the FAA has the expertise and capability to
        adequately understand the safety implications of, and oversee the
        adoption of, new or innovative technologies, materials, and
        procedures used by designers and manufacturers of such aircraft;
        and
            (2) the Senior Technical Experts Program to determine whether
        the program should be enhanced or expanded to bolster and support
        the programs of the FAA's Office of Aviation Safety, with
        particular focus placed on the Aircraft Certification Service and
        the Flight Standards Service (or any successor organizations),
        particularly with respect to understanding the safety implications
        of new or innovative technologies, materials, aircraft operations,
        and procedures used by designers and manufacturers of such
        aircraft.
        (c) Deadline for Completion.--Not later than 270 days after the
    date of enactment of this title, the Administrator shall complete the
    review required by subsection (b).
        (d) Briefing.--Not later than 30 days after the completion of the
    review required by subsection (b), the Administrator shall brief the
    congressional committees of jurisdiction on the results of the review.
    The briefing shall include the following:
            (1) An analysis of the Administration's ability to hire safety
        inspectors, human factors specialists, flight test pilots,
        engineers, managers, executives, scientists, and technical
        advisors, who have the requisite expertise to oversee new
        developments in aerospace design and manufacturing.
            (2) A plan for the Administration to improve the overall
        expertise of the FAA's personnel who are responsible for the
        oversight of the design and manufacture of aircraft.
        (e) Consultation Requirement.--In completing the review under
    subsection (b), the Administrator shall consult and collaborate with
    appropriate stakeholders, including labor organizations (including
    those representing aviation workers, FAA aviation safety engineers,
    human factors specialists, flight test pilots, and FAA aviation safety
    inspectors), and aerospace manufacturers.
        (f) Recruitment and Retention.--
            (1) Bargaining units.--Not later than 30 days after the date of
        enactment of this title, the Administrator shall begin
        collaboration with the exclusive bargaining representatives of
        engineers, safety inspectors, systems safety specialists, and other
        qualified technical experts certified under section 7111 of title
        5, United States Code, to improve recruitment of employees for, and
        to implement retention incentives for employees holding, positions
        with respect to the certification of aircraft, aircraft engines,
        propellers, and appliances. If the Administrator and such
        representatives are unable to reach an agreement collaboratively,
        the Administrator and such representatives shall negotiate in
        accordance with section 40122(a) of title 49, United States Code,
        to improve recruitment and implement retention incentives for
        employees described in subsection (a) who are covered under a
        collective bargaining agreement.
            (2) Other employees.--Notwithstanding any other provision of
        law, not later than 30 days after the date of enactment of this
        title, the Administrator shall initiate actions to improve
        recruitment of, and implement retention incentives for, any
        individual described in subsection (a) who is not covered under a
        collective bargaining agreement.
            (3) Rule of construction.--Nothing in this section shall be
        construed to vest in any exclusive bargaining representative any
        management right of the Administrator, as such right existed on the
        day before the date of enactment of this title.
            (4) Availability of appropriations.--Any action taken by the
        Administrator under this section shall be subject to the
        availability of appropriations authorized under subsection (a).
        SEC. 105. DISCLOSURE OF SAFETY CRITICAL INFORMATION.
        (a) Disclosure.--Section 44704 of title 49, United States Code, is
    amended by striking subsection (e) and inserting the following:
        ``(e) Disclosure of Safety Critical Information.--
            ``(1) In general.--Notwithstanding a delegation described in
        section 44702(d), the Administrator shall require an applicant for,
        or holder of, a type certificate for a transport category airplane
        covered under part 25 of title 14, Code of Federal Regulations, to
        submit safety critical information with respect to such airplane to
        the Administrator in such form, manner, or time as the
        Administrator may require. Such safety critical information shall
        include--
                ``(A) any design and operational details, intended
            functions, and failure modes of any system that, without being
            commanded by the flight crew, commands the operation of any
            safety critical function or feature required for control of an
            airplane during flight or that otherwise changes the flight
            path or airspeed of an airplane;
                ``(B) the design and operational details, intended
            functions, failure modes, and mode annunciations of autopilot
            and autothrottle systems, if applicable;
                ``(C) any failure or operating condition that the applicant
            or holder anticipates or has concluded would result in an
            outcome with a severity level of hazardous or catastrophic, as
            defined in the appropriate Administration airworthiness
            requirements and guidance applicable to transport category
            airplanes defining risk severity;
                ``(D) any adverse handling quality that fails to meet the
            requirements of applicable regulations without the addition of
            a software system to augment the flight controls of the
            airplane to produce compliant handling qualities; and
                ``(E) a system safety assessment with respect to a system
            described in subparagraph (A) or (B) or with respect to any
            component or other system for which failure or erroneous
            operation of such component or system could result in an
            outcome with a severity level of hazardous or catastrophic, as
            defined in the appropriate Administration airworthiness
            requirements and guidance applicable to transport category
            airplanes defining risk severity.
            ``(2) Ongoing communications.--
                ``(A) Newly discovered information.--The Administrator
            shall require that an applicant for, or holder of, a type
            certificate disclose to the Administrator, in such form,
            manner, or time as the Administrator may require, any newly
            discovered information or design or analysis change that would
            materially alter any submission to the Administrator under
            paragraph (1).
                ``(B) System development changes.--The Administrator shall
            establish multiple milestones throughout the certification
            process at which a proposed airplane system will be assessed to
            determine whether any change to such system during the
            certification process is such that such system should be
            considered novel or unusual by the Administrator.
            ``(3) Flight manuals.--The Administrator shall ensure that an
        airplane flight manual and a flight crew operating manual (as
        appropriate or applicable) for an airplane contains a description
        of the operation of a system described in paragraph (1)(A) and
        flight crew procedures for responding to a failure or aberrant
        operation of such system.
            ``(4) Civil penalty.--
                ``(A) Amount.--Notwithstanding section 46301, an applicant
            for, or holder of, a type certificate that knowingly violates
            paragraph (1), (2), or (3) of this subsection shall be liable
            to the Administrator for a civil penalty of not more than
            $1,000,000 for each violation.
                ``(B) Penalty considerations.--In determining the amount of
            a civil penalty under subparagraph (A), the Administrator shall
            consider--
                    ``(i) the nature, circumstances, extent, and gravity of
                the violation, including the length of time that such
                safety critical information was known but not disclosed;
                and
                    ``(ii) with respect to the violator, the degree of
                culpability, any history of prior violations, and the size
                of the business concern.
            ``(5) Revocation and civil penalty for individuals.--
                ``(A) In general.--The Administrator shall revoke any
            airline transport pilot certificate issued under section 44703
            held by any individual who, while acting on behalf of an
            applicant for, or holder of, a type certificate, knowingly
            makes a false statement with respect to any of the matters
            described in subparagraphs (A) through (E) of paragraph (1).
                ``(B) Authority to impose civil penalty.--The Administrator
            may impose a civil penalty under section 46301 for each
            violation described in subparagraph (A).
            ``(6) Rule of construction.--Nothing in this subsection shall
        be construed to affect or otherwise inhibit the authority of the
        Administrator to deny an application by an applicant for a type
        certificate or to revoke or amend a type certificate of a holder of
        such certificate.
            ``(7) Definition of type certificate.--In this subsection, the
        term `type certificate'--
                ``(A) means a type certificate issued under subsection (a)
            or an amendment to such certificate; and
                ``(B) does not include a supplemental type certificate
            issued under subsection (b).''.
        (b) Civil Penalty Authority.--Section 44704 of title 49, United
    States Code, is further amended by adding at the end the following:
        ``(f) Hearing Requirement.--The Administrator may find that a
    person has violated subsection (a)(6) or paragraph (1), (2), or (3) of
    subsection (e) and impose a civil penalty under the applicable
    subsection only after notice and an opportunity for a hearing. The
    Administrator shall provide a person--
            ``(1) written notice of the violation and the amount of
        penalty; and
            ``(2) the opportunity for a hearing under subpart G of part 13
        of title 14, Code of Federal Regulations.''.
        (c) Required Submission of Outline of System Changes at the
    Beginning of the Certification Process.--
            (1) In general.--Not later than 180 days after the date of
        enactment of this title, the Administrator shall initiate a process
        to revise procedures to require an applicant for an amendment to a
        type certificate for a transport category aircraft to disclose to
        the Administrator, in a single document submitted at the beginning
        of the process for amending such certificate, all new systems and
        intended changes to existing systems then known to such applicant.
        The Administrator shall finalize the revision of such procedures
        not later than 18 months after initiating such process.
            (2) Application.--Compliance with the procedures revised
        pursuant to paragraph (1) shall not preclude an applicant from
        making additional changes to aircraft systems as the design and
        application process proceeds.
            (3) Savings provision.--Nothing in this subsection may be
        construed to limit the obligations of an applicant for an amended
        type certificate for a transport category airplane under section
        44704(e) of title 49, United States Code, as amended in this title.
        SEC. 106. LIMITATION ON DELEGATION.
        Section 44702(d) of title 49, United States Code, is amended by
    adding at the end the following:
        ``(4)(A) With respect to a critical system design feature of a
    transport category airplane, the Administrator may not delegate any
    finding of compliance with applicable airworthiness standards or review
    of any system safety assessment required for the issuance of a
    certificate, including a type certificate, or amended or supplemental
    type certificate, under section 44704, until the Administrator has
    reviewed and validated any underlying assumptions related to human
    factors.
        ``(B) The requirement under subparagraph (A) shall not apply if the
    Administrator determines the matter involved is a routine task.
        ``(C) For purposes of subparagraph (A), the term critical system
    design feature includes any feature (including a novel or unusual
    design feature) for which the failure of such feature, either
    independently or in combination with other failures, could result in
    catastrophic or hazardous failure conditions, as those terms are
    defined by the Administrator.''.
        SEC. 107. OVERSIGHT OF ORGANIZATION DESIGNATION AUTHORIZATION UNIT
          MEMBERS.
        (a) In General.--Chapter 447 of title 49, United States Code, is
    amended by adding at the end the following:
    ``Sec. 44741. Approval of organization designation authorization unit
         members
        ``(a) In General.--Beginning January 1, 2022, each individual who
    is selected on or after such date to become an ODA unit member by an
    ODA holder engaged in the design of an aircraft, aircraft engine,
    propeller, or appliance and performs an authorized function pursuant to
    a delegation by the Administrator of the Federal Aviation
    Administration under section 44702(d)--
            ``(1) shall be--
                ``(A) an employee, a contractor, or a consultant of the ODA
            holder; or
                ``(B) the employee of a supplier of the ODA holder; and
            ``(2) may not become a member of such unit unless approved by
        the Administrator pursuant to this section.
        ``(b) Process and Timeline.--
            ``(1) In general.--The Administrator shall maintain an
        efficient process for the review and approval of an individual to
        become an ODA unit member under this section.
            ``(2) Process.--An ODA holder described in subsection (a) may
        submit to the Administrator an application for an individual to be
        approved to become an ODA unit member under this section. The
        application shall be submitted in such form and manner as the
        Administrator determines appropriate. The Administrator shall
        require an ODA holder to submit with such an application
        information sufficient to demonstrate an individual's
        qualifications under subsection (c).
            ``(3) Timeline.--The Administrator shall approve or reject an
        individual that is selected by an ODA holder to become an ODA unit
        member under this section not later than 30 days after the receipt
        of an application by an ODA holder.
            ``(4) Documentation of approval.--Upon approval of an
        individual to become an ODA unit member under this section, the
        Administrator shall provide such individual a letter confirming
        that such individual has been approved by the Administrator under
        this section to be an ODA unit member.
            ``(5) Reapplication.--An ODA holder may submit an application
        under this subsection for an individual to become an ODA unit
        member under this section regardless of whether an application for
        such individual was previously rejected by the Administrator.
        ``(c) Qualifications.--
            ``(1) In general.--The Administrator shall issue minimum
        qualifications for an individual to become an ODA unit member under
        this section. In issuing such qualifications, the Administrator
        shall consider existing qualifications for Administration employees
        with similar duties and whether such individual--
                ``(A) is technically proficient and qualified to perform
            the authorized functions sought;
                ``(B) has no recent record of serious enforcement action,
            as determined by the Administrator, taken by the Administrator
            with respect to any certificate, approval, or authorization
            held by such individual;
                ``(C) is of good moral character (as such qualification is
            applied to an applicant for an airline transport pilot
            certificate issued under section 44703);
                ``(D) possesses the knowledge of applicable design or
            production requirements in this chapter and in title 14, Code
            of Federal Regulations, necessary for performance of the
            authorized functions sought;
                ``(E) possesses a high degree of knowledge of applicable
            design or production principles, system safety principles, or
            safety risk management processes appropriate for the authorized
            functions sought; and
                ``(F) meets such testing, examination, training, or other
            qualification standards as the Administrator determines are
            necessary to ensure the individual is competent and capable of
            performing the authorized functions sought.
            ``(2) Previously rejected application.--In reviewing an
        application for an individual to become an ODA unit member under
        this section, if an application for such individual was previously
        rejected, the Administrator shall ensure that the reasons for the
        prior rejection have been resolved or mitigated to the
        Administrator's satisfaction before making a determination on the
        individual's reapplication.
        ``(d) Rescission of Approval.--The Administrator may rescind an
    approval of an individual as an ODA unit member granted pursuant to
    this section at any time and for any reason the Administrator considers
    appropriate. The Administrator shall develop procedures to provide for
    notice and opportunity to appeal rescission decisions made by the
    Administrator. Such decisions by the Administrator are not subject to
    judicial review.
        ``(e) Conditional Selections.--
            ``(1) In general.--Subject to the requirements of this
        subsection, the Administrator may authorize an ODA holder to
        conditionally designate an individual to perform the functions of
        an ODA unit member for a period of not more than 30 days (beginning
        on the date an application for such individual is submitted under
        subsection (b)(2)).
            ``(2) Required determination.--The Administrator may not make
        an authorization under paragraph (1) unless--
                ``(A) the ODA holder has instituted, to the Administrator's
            satisfaction, systems and processes to ensure the integrity and
            reliability of determinations by conditionally-designated ODA
            unit members; and
                ``(B) the ODA holder has instituted a safety management
            system in accordance with regulations issued by the
            Administrator under section 102 of the Aircraft Certification,
            Safety, and Accountability Act.
            ``(3) Final determination.--The Administrator shall approve or
        reject the application for an individual designated under paragraph
        (1) in accordance with the timeline and procedures described in
        subsection (b).
            ``(4) Rejection and review.--If the Administrator rejects the
        application submitted under subsection (b)(2) for an individual
        conditionally designated under paragraph (1), the Administrator
        shall review and approve or disapprove any decision pursuant to any
        authorized function performed by such individual during the period
        such individual served as a conditional designee.
            ``(5) Prohibitions.--Notwithstanding the requirements of
        paragraph (2), the Administrator may prohibit an ODA holder from
        making conditional designations of individuals as ODA unit members
        under this subsection at any time for any reason the Administrator
        considers appropriate. The Administrator may prohibit any
        conditionally designated individual from performing an authorized
        function at any time for any reason the Administrator considers
        appropriate.
        ``(f) Records and Briefings.--
            ``(1) In general.--Beginning on the date described in
        subsection (a), an ODA holder shall maintain, for a period to be
        determined by the Administrator and with proper protections to
        ensure the security of sensitive and personal information--
                ``(A) any data, applications, records, or manuals required
            by the ODA holder's approved procedures manual, as determined
            by the Administrator;
                ``(B) the names, responsibilities, qualifications, and
            example signature of each member of the ODA unit who performs
            an authorized function pursuant to a delegation by the
            Administrator under section 44702(d);
                ``(C) training records for ODA unit members and ODA
            administrators; and
                ``(D) any other data, applications, records, or manuals
            determined appropriate by the Administrator.
            ``(2) Congressional briefing.--Not later than 90 days after the
        date of enactment of this section, and every 90 days thereafter
        through September 30, 2023, the Administrator shall provide a
        briefing to the Committee on Transportation and Infrastructure of
        the House of Representatives and the Committee on Commerce,
        Science, and Transportation of the Senate on the implementation and
        effects of this section, including--
                ``(A) the Administration's performance in completing
            reviews of individuals and approving or denying such
            individuals within the timeline required under subsection
            (b)(3);
                ``(B) for any individual rejected by the Administrator
            under subsection (b) during the preceding 90-day period, the
            reasoning or basis for such rejection; and
                ``(C) any resource, staffing, or other challenges within
            the Administration associated with implementation of this
            section.
        ``(g) Special Review of Qualifications.--
            ``(1) In general.--Not later than 30 days after the issuance of
        minimum qualifications under subsection (c), the Administrator
        shall initiate a review of the qualifications of each individual
        who on the date on which such minimum qualifications are issued is
        an ODA unit member of a holder of a type certificate for a
        transport airplane to ensure such individual meets the minimum
        qualifications issued by the Administrator under subsection (c).
            ``(2) Unqualified individual.--For any individual who is
        determined by the Administrator not to meet such minimum
        qualifications pursuant to the review conducted under paragraph
        (1), the Administrator--
                ``(A) shall determine whether the lack of qualification may
            be remedied and, if so, provide such individual with an action
            plan or schedule for such individual to meet such
            qualifications; or
                ``(B) may, if the Administrator determines the lack of
            qualification may not be remedied, take appropriate action,
            including prohibiting such individual from performing an
            authorized function.
            ``(3) Deadline.--The Administrator shall complete the review
        required under paragraph (1) not later than 18 months after the
        date on which such review was initiated.
            ``(4) Savings clause.--An individual approved to become an ODA
        unit member of a holder of a type certificate for a transport
        airplane under subsection (a) shall not be subject to the review
        under this subsection.
        ``(h) Prohibition.--The Administrator may not authorize an
    organization or ODA holder to approve an individual selected by an ODA
    holder to become an ODA unit member under this section.
        ``(i) Definitions.--
            ``(1) General applicability.--The definitions contained in
        section 44736(c) shall apply to this section.
            ``(2) Transport airplane.--The term `transport airplane' means
        a transport category airplane designed for operation by an air
        carrier or foreign air carrier type-certificated with a passenger
        seating capacity of 30 or more or an all-cargo or combi derivative
        of such an airplane.
        ``(j) Authorization of Appropriations.--There is authorized to be
    appropriated to carry out this section $3,000,000 for each of fiscal
    years 2021 through 2023.
    ``Sec. 44742. Interference with the duties of organization designation
         authorization unit members
        ``(a) In General.--The Administrator of the Federal Aviation
    Administration shall continuously seek to eliminate or minimize
    interference by an ODA holder that affects the performance of
    authorized functions by ODA unit members.
        ``(b) Prohibition.--
            ``(1) In general.--It shall be unlawful for any individual who
        is a supervisory employee of an ODA holder that manufactures a
        transport category airplane to commit an act of interference with
        an ODA unit member's performance of authorized functions.
            ``(2) Civil penalty.--
                ``(A) Individuals.--An individual shall be subject to a
            civil penalty under section 46301(a)(1) for each violation
            under paragraph (1).
                ``(B) Savings clause.--Nothing in this paragraph shall be
            construed as limiting or constricting any other authority of
            the Administrator to pursue an enforcement action against an
            individual or organization for violation of applicable Federal
            laws or regulations of the Administration.
        ``(c) Reporting.--
            ``(1) Reports to oda holder.--An ODA unit member of an ODA
        holder that manufactures a transport category airplane shall
        promptly report any instances of interference to the office of the
        ODA holder that is designated to receive such reports.
            ``(2) Reports to the faa.--
                ``(A) In general.--The ODA holder office described in
            paragraph (1) shall investigate reports and submit to the
            office of the Administration designated by the Administrator to
            accept and review such reports any instances of interference
            reported under paragraph (1).
                ``(B) Contents.--The Administrator shall prescribe
            parameters for the submission of reports to the Administration
            under this paragraph, including the manner, time, and form of
            submission. Such report shall include the results of any
            investigation conducted by the ODA holder in response to a
            report of interference, a description of any action taken by
            the ODA holder as a result of the report of interference, and
            any other information or potentially mitigating factors the ODA
            holder or the Administrator deems appropriate.
        ``(d) Definitions.--
            ``(1) General applicability.--The definitions contained in
        section 44736(c) shall apply to this section.
            ``(2) Interference.--In this section, the term `interference'
        means--
                ``(A) blatant or egregious statements or behavior, such as
            harassment, beratement, or threats, that a reasonable person
            would conclude was intended to improperly influence or
            prejudice an ODA unit member's performance of his or her
            duties; or
                ``(B) the presence of non-ODA unit duties or activities
            that conflict with the performance of authorized functions by
            ODA unit members.''.
        (b) ODA Program Enhancements.--
            (1) In general.--Section 44736 of title 49, United States Code,
        is amended by adding at the end the following:
        ``(d) Audits.--
            ``(1) In general.--The Administrator shall perform a periodic
        audit of each ODA unit and its procedures.
            ``(2) Duration.--An audit required under paragraph (1) shall be
        performed with respect to an ODA holder once every 7 years (or more
        frequently as determined appropriate by the Administrator).
            ``(3) Records.--The ODA holder shall maintain, for a period to
        be determined by the Administrator, a record of--
                ``(A) each audit conducted under this subsection; and
                ``(B) any corrective actions resulting from each such
            audit.
        ``(e) Federal Aviation Safety Advisors.--
            ``(1) In general.--In the case of an ODA holder, the
        Administrator shall assign FAA aviation safety personnel with
        appropriate expertise to be advisors to the ODA unit members that
        are authorized to make findings of compliance on behalf of the
        Administrator. The advisors shall--
                ``(A) communicate with assigned unit members on an ongoing
            basis to ensure that the assigned unit members are
            knowledgeable of relevant FAA policies and acceptable methods
            of compliance; and
                ``(B) monitor the performance of the assigned unit members
            to ensure consistency with such policies.
            ``(2) Applicability.--Paragraph (1) shall only apply to an ODA
        holder that is--
                ``(A) a manufacturer that holds both a type and a
            production certificate for--
                    ``(i) transport category airplanes with a maximum
                takeoff gross weight greater than 150,000 pounds; or
                    ``(ii) airplanes produced and delivered to operators
                operating under part 121 of title 14, Code of Federal
                Regulations, for air carrier service under such part 121;
                or
                ``(B) a manufacturer of engines for an airplane described
            in subparagraph (A).
        ``(f) Communication With the FAA.--Neither the Administrator nor an
    ODA holder may prohibit--
            ``(1) an ODA unit member from communicating with, or seeking
        the advice of, the Administrator or FAA staff; or
            ``(2) the Administrator or FAA staff from communicating with an
        ODA unit member.''.
            (2) Report.--Not later than September 30, 2022, the
        Administrator shall submit to the congressional committees of
        jurisdiction a report on the implementation of subsections (d) and
        (e) of section 44736 of title 49, United States Code, as added by
        subsection (b).
        (c) Additional ODA Program Enhancements.--Section 44736 of title
    49, United States Code, is amended--
            (1) in subsection (a)--
                (A) in paragraph (1)--
                    (i) in subparagraph (A) by striking the semicolon and
                inserting ``; and'';
                    (ii) by striking subparagraph (B);
                    (iii) in subparagraph (C) by striking ``; and'' and
                inserting a period;
                    (iv) by striking subparagraph (D); and
                    (v) by redesignating subparagraph (C) as subparagraph
                (B); and
                (B) in paragraph (3) by striking ``shall--'' and all that
            follows through the end and inserting ``shall conduct regular
            oversight activities by inspecting the ODA holder's delegated
            functions and taking action based on validated inspection
            findings.''; and
            (2) in subsection (b)(3)--
                (A) in subparagraph (A)--
                    (i) by striking clause (i) and redesignating clauses
                (ii), (iii), and (iv) as clauses (i), (ii), and (iii),
                respectively;
                    (ii) in clause (i) as redesignated by inserting ``, as
                appropriate,'' after ``require'';
                    (iii) in clause (ii) as redesignated by inserting ``,
                as appropriate,'' after ``require''; and
                    (iv) in clause (iii) as redesignated by inserting
                ``when appropriate,'' before ``make a reassessment'';
                (B) by striking subparagraph (B);
                (C) in subparagraph (F) by inserting ``, when
            appropriate,'' before ``approve''; and
                (D) by redesignating subparagraphs (C), (D), (E), and (F)
            as subparagraphs (B), (C), (D), and (E), respectively.
        (d) Technical Corrections.--
            (1) Section 44737.--Chapter 447 of title 49, United States
        Code, is further amended by redesignating the second section 44737
        (as added by section 581 of the FAA Reauthorization Act of 2018) as
        section 44740.
            (2) Analysis.--The analysis for chapter 447 of title 49, United
        States Code, is amended--
                (A) by striking the item relating to the second section
            44737 (as added by section 581 of the FAA Reauthorization Act
            of 2018); and
                (B) by inserting after the item relating to section 44739
            the following new items:

    ``44740. Special rule for certain aircraft operations.
    ``44741. Approval of organization designation authorization unit
              members.
    ``44742. Interference with the duties of organization designation
              authorization unit members.''.

            (3) Special rule for certain aircraft operations.--Section
        44740 of title 49, United States Code (as redesignated by paragraph
        (1)), is amended--
                (A) in the heading by striking the period at the end;
                (B) in subsection (a)(1) by striking ``chapter'' and
            inserting ``section'';
                (C) in subsection (b)(1) by striking ``(1)'' the second
            time it appears; and
                (D) in subsection (c)(2) by adding a period at the end.
        SEC. 108. INTEGRATED PROJECT TEAMS.
        (a) In General.--Upon receipt of an application for a type
    certificate for a transport category airplane, the Administrator shall
    convene an interdisciplinary integrated project team responsible for
    coordinating review and providing advice and recommendations, as
    appropriate, to the Administrator on such application.
        (b) Membership.--In convening an interdisciplinary integrated
    project team under subsection (a), the Administrator shall appoint
    employees of the Administration or other Federal agencies, such as the
    Air Force, Volpe National Transportation Systems Center, or the
    National Aeronautics and Space Administration (with the concurrence of
    the head of such other Federal agency), with specialized expertise and
    experience in the fields of engineering, systems design, human factors,
    and pilot training, including, at a minimum--
            (1) not less than 1 designee of the Associate Administrator for
        Aviation Safety whose duty station is in the Administration's
        headquarters;
            (2) representatives of the Aircraft Certification Service of
        the Administration;
            (3) representatives of the Flight Standards Service of the
        Administration;
            (4) experts in the fields of human factors, aerodynamics,
        flight controls, software, and systems design; and
            (5) any other subject matter expert whom the Administrator
        determines appropriate.
        (c) Availability.--In order to carry out its duties with respect to
    the areas specified in subsection (d), a project team shall be
    available to the Administrator, upon request, at any time during the
    certification process.
        (d) Duties.--A project team shall advise the Administrator and make
    written recommendations to the Administrator, to be retained in the
    certification project file, including recommendations for any plans,
    analyses, assessments, and reports required to support and document the
    certification project, in the following areas associated with a new
    technology or novel design:
            (1) Initial review of design proposals proposed by the
        applicant and the establishment of the certification basis.
            (2) Identification of new technology, novel design, or safety
        critical design features or systems that are potentially
        catastrophic, either alone or in combination with another failure.
            (3) Determination of compliance findings, system safety
        assessments, and safety critical functions the Administration
        should retain in terms of new technology, novel design, or safety
        critical design features or systems.
            (4) Evaluation of the Administration's expertise or experience
        necessary to support the project.
            (5) Review and evaluation of an applicant's request for
        exceptions or exemptions from compliance with airworthiness
        standards codified in title 14 of the Code of Federal Regulations,
        as in effect on the date of application for the change.
            (6) Conduct of design reviews, procedure evaluations, and
        training evaluations.
            (7) Review of the applicant's final design documentation and
        other data to evaluate compliance with all relevant Administration
        regulations.
        (e) Documentation of FAA Response.--The Administrator shall provide
    a written response to each recommendation of each project team and
    shall retain such response in the certification project file.
        (f) Report.--Not later than 1 year after the date of enactment of
    this section, and annually thereafter through fiscal year 2023, the
    Administrator shall submit to the congressional committees of
    jurisdiction a report on the establishment of each integrated project
    team in accordance with this section during such fiscal year, including
    the role and composition of each such project team.
        SEC. 109. OVERSIGHT INTEGRITY BRIEFING.
        Not later than 1 year after the date of enactment of this title,
    the Administrator shall brief the congressional committees of
    jurisdiction on specific measures the Administrator has taken to
    reinforce that each employee of the Administration responsible for
    overseeing an organization designation authorization with respect to
    the certification of aircraft perform such responsibility in accordance
    with safety management principles and in the public interest of
    aviation safety.
        SEC. 110. APPEALS OF CERTIFICATION DECISIONS.
        (a) In General.--Section 44704, of title 49, United States Code, as
    amended by section 105(b), is further amended by adding at the end the
    following:
        ``(g) Certification Dispute Resolution.--
            ``(1) Dispute resolution process and appeals.--
                ``(A) In general.--Not later than 60 days after the date of
            enactment of this subsection, the Administrator shall issue an
            order establishing--
                    ``(i) an effective, timely, and milestone-based issue
                resolution process for type certification activities under
                subsection (a); and
                    ``(ii) a process by which a decision, finding of
                compliance or noncompliance, or other act of the
                Administration, with respect to compliance with design
                requirements, may be appealed by a covered person directly
                involved with the certification activities in dispute on
                the basis that such decision, finding, or act is erroneous
                or inconsistent with this chapter, regulations, or guidance
                materials promulgated by the Administrator, or other
                requirements.
                ``(B) Escalation.--The order issued under subparagraph (A)
            shall provide processes for--
                    ``(i) resolution of technical issues at pre-established
                stages of the certification process, as agreed to by the
                Administrator and the type certificate applicant;
                    ``(ii) automatic elevation to appropriate management
                personnel of the Administration and the type certificate
                applicant of any major certification process milestone that
                is not completed or resolved within a specific period of
                time agreed to by the Administrator and the type
                certificate applicant;
                    ``(iii) resolution of a major certification process
                milestone elevated pursuant to clause (ii) within a
                specific period of time agreed to by the Administrator and
                the type certificate applicant;
                    ``(iv) initial review by appropriate Administration
                employees of any appeal described in subparagraph (A)(ii);
                and
                    ``(v) subsequent review of any further appeal by
                appropriate management personnel of the Administration and
                the Associate Administrator for Aviation Safety.
                ``(C) Disposition.--
                    ``(i) Written decision.--The Associate Administrator
                for Aviation Safety shall issue a written decision that
                states the grounds for the decision of the Associate
                Administrator on--

                        ``(I) each appeal submitted under subparagraph
                    (A)(ii); and
                        ``(II) An appeal to the Associate Administrator
                    submitted under subparagraph (B)(v).

                    ``(ii) Report to congress.--Not later than December 31
                of each calendar year through calendar year 2025, the
                Administrator shall submit to the Committee on
                Transportation and Infrastructure of the House of
                Representatives and the Committee on Commerce, Science, and
                Transportation of the Senate a report summarizing each
                appeal resolved under this subsection.
                ``(D) Final review.--
                    ``(i) In general.--A written decision of the Associate
                Administrator under subparagraph (C) may be appealed to the
                Administrator for a final review and determination.
                    ``(ii) Decline to review.--The Administrator may
                decline to review an appeal initiated pursuant to clause
                (i).
                    ``(iii) Judicial review.--No decision under this
                paragraph (including a decision to decline to review an
                appeal) shall be subject to judicial review.
            ``(2) Prohibited contacts.--
                ``(A) Prohibition generally.--During the course of an
            appeal under this subsection, no covered official may engage in
            an ex parte communication (as defined in section 551 of title
            5) with an individual representing or acting on behalf of an
            applicant for, or holder of, a certificate under this section
            in relation to such appeal unless such communication is
            disclosed pursuant to subparagraph (B).
                ``(B) Disclosure.--If, during the course of an appeal under
            this subsection, a covered official engages in, receives, or is
            otherwise made aware of an ex parte communication, the covered
            official shall disclose such communication in the public record
            at the time of the issuance of the written decision under
            paragraph (1)(C), including the time and date of the
            communication, subject of communication, and all persons
            engaged in such communication.
            ``(3) Definitions.--In this subsection:
                ``(A) Covered person.--The term `covered person' means
            either--
                    ``(i) an employee of the Administration whose
                responsibilities relate to the certification of aircraft,
                engines, propellers, or appliances; or
                    ``(ii) an applicant for, or holder of, a type
                certificate or amended type certificate issued under this
                section.
                ``(B) Covered official.--The term `covered official' means
            the following officials:
                    ``(i) The Executive Director or any Deputy Director of
                the Aircraft Certification Service.
                    ``(ii) The Deputy Executive Director for Regulatory
                Operations of the Aircraft Certification Service.
                    ``(iii) The Director or Deputy Director of the
                Compliance and Airworthiness Division of the Aircraft
                Certification Service.
                    ``(iv) The Director or Deputy Director of the System
                Oversight Division of the Aircraft Certification Service.
                    ``(v) The Director or Deputy Director of the Policy and
                Innovation Division of the Aircraft Certification Service.
                    ``(vi) The Executive Director or any Deputy Executive
                Director of the Flight Standards Service.
                    ``(vii) The Associate Administrator or Deputy Associate
                Administrator for Aviation Safety.
                    ``(viii) The Deputy Administrator of the Federal
                Aviation Administration.
                    ``(ix) The Administrator of the Federal Aviation
                Administration.
                    ``(x) Any similarly situated or successor FAA
                management position to those described in clauses (i)
                through (ix), as determined by the Administrator.
                ``(C) Major certification process milestone.--The term
            `major certification process milestone' means a milestone
            related to the type certification basis, type certification
            plan, type inspection authorization, issue paper, or other
            major type certification activity agreed to by the
            Administrator and the type certificate applicant.
            ``(4) Rule of construction.--Nothing in this subsection shall
        apply to the communication of a good-faith complaint by any
        individual alleging--
                ``(A) gross misconduct;
                ``(B) a violation of title 18; or
                ``(C) a violation of any of the provisions of part 2635 or
            6001 of title 5, Code of Federal Regulations.''.
        (b) Conforming Amendment.--Section 44704(a) of title 49, United
    States Code, is amended by striking paragraph (6).
        SEC. 111. EMPLOYMENT RESTRICTIONS.
        (a) Disqualification Based on Prior Employment.--An employee of the
    Administration with supervisory responsibility may not direct, conduct,
    or otherwise participate in oversight of a holder of a certificate
    issued under section 44704 of title 49, United States Code, that
    previously employed such employee in the preceding 1-year period.
        (b) Post-employment Restrictions.--Section 44711(d) of title 49,
    United States Code, is amended to read as follows:
        ``(d) Post-employment Restrictions for Inspectors and Engineers.--
            ``(1) Prohibition.--A person holding a certificate issued under
        part 21 or 119 of title 14, Code of Federal Regulations, may not
        knowingly employ, or make a contractual arrangement that permits,
        an individual to act as an agent or representative of such person
        in any matter before the Administration if the individual, in the
        preceding 2-year period--
                ``(A) served as, or was responsible for oversight of--
                    ``(i) a flight standards inspector of the
                Administration; or
                    ``(ii) an employee of the Administration with
                responsibility for certification functions with respect to
                a holder of a certificate issued under section 44704(a);
                and
                ``(B) had responsibility to inspect, or oversee inspection
            of, the operations of such person.
            ``(2) Written and oral communications.--For purposes of
        paragraph (1), an individual shall be considered to be acting as an
        agent or representative of a certificate holder in a matter before
        the Administration if the individual makes any written or oral
        communication on behalf of the certificate holder to the
        Administration (or any of its officers or employees) in connection
        with a particular matter, whether or not involving a specific party
        and without regard to whether the individual has participated in,
        or had responsibility for, the particular matter while serving as
        an individual covered under paragraph (1).''.
        SEC. 112. PROFESSIONAL DEVELOPMENT, SKILLS ENHANCEMENT, CONTINUING
          EDUCATION AND TRAINING.
        (a) In General.--Chapter 445 of title 49, United States Code, is
    amended by adding at the end the following:
    ``Sec. 44519. Certification personnel continuing education and training
        ``(a) In General.--The Administrator of the Federal Aviation
    Administration shall--
            ``(1) develop a program for regular recurrent training of
        engineers, inspectors, and other subject-matter experts employed in
        the Aircraft Certification Service of the Administration in
        accordance with the training strategy developed pursuant to section
        231 of the FAA Reauthorization Act of 2018 (Public Law 115-254; 132
        Stat. 3256);
            ``(2) to the maximum extent practicable, implement measures,
        including assignments in multiple divisions of the Aircraft
        Certification Service, to ensure that such engineers and other
        subject-matter experts in the Aircraft Certification Service have
        access to diverse professional opportunities that expand their
        knowledge and skills;
            ``(3) develop a program to provide continuing education and
        training to Administration personnel who hold positions involving
        aircraft certification and flight standards, including human
        factors specialists, engineers, flight test pilots, inspectors,
        and, as determined appropriate by the Administrator, industry
        personnel who may be responsible for compliance activities
        including designees; and
            ``(4) in consultation with outside experts, develop--
                ``(A) an education and training curriculum on current and
            new aircraft technologies, human factors, project management,
            and the roles and responsibilities associated with oversight of
            designees; and
                ``(B) recommended practices for compliance with
            Administration regulations.
        ``(b) Implementation.--The Administrator shall, to the maximum
    extent practicable, ensure that actions taken pursuant to subsection
    (a)--
            ``(1) permit engineers, inspectors, and other subject matter
        experts to continue developing knowledge of, and expertise in, new
        and emerging technologies in systems design, flight controls,
        principles of aviation safety, system oversight, and certification
        project management;
            ``(2) minimize the likelihood of an individual developing an
        inappropriate bias toward a designer or manufacturer of aircraft,
        aircraft engines, propellers, or appliances;
            ``(3) are consistent with any applicable collective bargaining
        agreements; and
            ``(4) account for gaps in knowledge and skills (as identified
        by the Administrator in consultation with the exclusive bargaining
        representatives certified under section 7111 of title 5, United
        States Code) between Administration employees and private-sector
        employees for each group of Administration employees covered under
        this section.
        ``(c) Authorization of Appropriations.--There is authorized to be
    appropriated to the Administrator, $10,000,000 for each of fiscal years
    2021 through 2023 to carry out this section. Amounts appropriated under
    the preceding sentence for any fiscal year shall remain available until
    expended.''.
        (b) Table of Contents.--The analysis for chapter 445 of title 49,
    United States Code, is amended by inserting after the item relating to
    section 44518 the following:

    ``44519. Certification personnel continuing education and training.''.
        SEC. 113. VOLUNTARY SAFETY REPORTING PROGRAM.
        (a) In General.--Not later than 1 year after the date of enactment
    of this title, the Administrator shall establish a voluntary safety
    reporting program for engineers, safety inspectors, systems safety
    specialists, and other subject matter experts certified under section
    7111 of title 5, United States Code, to confidentially report instances
    where they have identified safety concerns during certification or
    oversight processes.
        (b) Safety Reporting Program Requirements.--In establishing the
    safety reporting program under subsection (a), the Administrator shall
    ensure the following:
            (1) The FAA maintains a reporting culture that encourages human
        factors specialists, engineers, flight test pilots, inspectors, and
        other appropriate FAA employees to voluntarily report safety
        concerns.
            (2) The safety reporting program is non-punitive, confidential,
        and protects employees from adverse employment actions related to
        their participation in the program.
            (3) The safety reporting program identifies exclusionary
        criteria for the program.
            (4) Collaborative development of the program with bargaining
        representatives of employees under section 7111 of title 5, United
        States Code, who are employed in the Aircraft Certification Service
        or Flight Standards Service of the Administration (or, if unable to
        reach an agreement collaboratively, the Administrator shall
        negotiate with the representatives in accordance with section
        40122(a) of title 49, United States Code, regarding the development
        of the program).
            (5) Full and collaborative participation in the program by the
        bargaining representatives of employees described in paragraph (4).
            (6) The Administrator thoroughly reviews safety reports to
        determine whether there is a safety issue, including a hazard,
        defect, noncompliance, nonconformance, or process error.
            (7) The Administrator thoroughly reviews safety reports to
        determine whether any aircraft certification process contributed to
        the safety concern being raised.
            (8) The creation of a corrective action process in order to
        address safety issues that are identified through the program.
        (c) Outcomes.--Results of safety report reviews under this section
    may be used to--
            (1) improve--
                (A) safety systems, hazard control, and risk reduction;
                (B) certification systems;
                (C) FAA oversight;
                (D) compliance and conformance; and
                (E) any other matter determined necessary by the
            Administrator; and
            (2) implement lessons learned.
        (d) Report Filing.--The Administrator shall establish requirements
    for when in the certification process reports may be filed to--
            (1) ensure that identified issues can be addressed in a timely
        manner; and
            (2) foster open dialogue between applicants and FAA employees
        throughout the certification process.
        (e) Integration With Other Safety Reporting Programs.--The
    Administrator shall implement the safety reporting program established
    under subsection (a) and the reporting requirements established
    pursuant to subsection (d) in a manner that is consistent with other
    voluntary safety reporting programs administered by the Administrator.
        (f) Report to Congress.--Not later than 2 years after the date of
    enactment of this title, and annually thereafter through fiscal year
    2023, the Administrator shall submit to the congressional committees of
    jurisdiction a report on the effectiveness of the safety reporting
    program established under subsection (a).
        SEC. 114. COMPENSATION LIMITATION.
        Section 106(l) of title 49, United States Code, is amended by
    adding at the end the following:
            ``(7) Prohibition on certain performance-based incentives.--No
        employee of the Administration shall be given an award, financial
        incentive, or other compensation, as a result of actions to meet
        performance goals related to meeting or exceeding schedules,
        quotas, or deadlines for certificates issued under section
        44704.''.
        SEC. 115. SYSTEM SAFETY ASSESSMENTS AND OTHER REQUIREMENTS.
        (a) In General.--Not later than 2 years after the date of enactment
    of this title, the Administrator shall issue such regulations as are
    necessary to amend part 25 of title 14, Code of Federal Regulations,
    and any associated advisory circular, guidance, or policy of the
    Administration, in accordance with this section.
        (b) System Safety Assessments and Other Requirements.--In
    developing regulations under subsection (a), the Administrator shall--
            (1) require an applicant for an amended type certificate for a
        transport airplane to--
                (A) perform a system safety assessment with respect to each
            proposed design change that the Administrator determines is
            significant, with such assessment considering the airplane-
            level effects of individual errors, malfunctions, or failures
            and realistic pilot response times to such errors,
            malfunctions, or failures;
                (B) update such assessment to account for each subsequent
            proposed design change that the Administrator determines is
            significant;
                (C) provide appropriate employees of the Administration
            with the data and assumptions underlying each assessment and
            amended assessment; and
                (D) provide for document traceability and clarity of
            explanations for changes to aircraft type designs and system
            safety assessment certification documents; and
            (2) work with other civil aviation authorities representing
        states of design to ensure such regulations remain harmonized
        internationally.
        (c) Guidance.--Guidance or an advisory circular issued under
    subsection (a) shall, at minimum--
            (1) emphasize the importance of clear documentation of the
        technical details and failure modes and effects of a design change
        described in subsection (b)(1); and
            (2) ensure appropriate review of any change that results in a
        functional hazard assessment classification of major or greater, as
        such term is defined in FAA Advisory Circular 25.1309-1A (or any
        successor or replacement document).
        (d) FAA Review.--Appropriate employees of the Aircraft
    Certification Service and the Flight Standards Service of the
    Administration shall review each system safety assessment required
    under subsection (b)(1)(A), updated assessment required under
    subsection (b)(1)(B), and supporting data and assumptions required
    under subsection (b)(1)(C), to ensure that each such assessment
    sufficiently addresses the considerations listed in subsection
    (b)(1)(A).
        SEC. 116. FLIGHT CREW ALERTING.
        (a) In General.--Not later than 1 year after the date of enactment
    of this title, the Administrator shall implement National
    Transportation Safety Board recommendations A-19-11 and A-19-12 (as
    contained in the safety recommendation report adopted on September 9,
    2019).
        (b) Prohibition.--Beginning on the date that is 2 years after the
    date of enactment of this title, the Administrator may not issue a type
    certificate for a transport category aircraft unless--
            (1) in the case of a transport airplane, such airplane
        incorporates a flight crew alerting system that, at a minimum,
        displays and differentiates among warnings, cautions, and
        advisories, and includes functions to assist the flight crew in
        prioritizing corrective actions and responding to systems failures;
        or
            (2) in the case of a transport category aircraft other than a
        transport airplane, the type certificate applicant provides a means
        acceptable to the Administrator to assist the flight crew in
        prioritizing corrective actions and responding to systems failures
        (including by cockpit or flight manual procedures).
        (c) Existing Airplane Designs.--It is the sense of Congress that
    the FAA shall ensure that any system safety assessment with respect to
    the Boeing 737-7, 737-8, 737-9, and 737-10 airplanes, as described in
    National Transportation Safety Board recommendation A-19-10, is
    conducted in accordance with such recommendation.
        SEC. 117. CHANGED PRODUCT RULE.
        (a) Review and Reevaluation of Amended Type Certificates.--
            (1) International leadership.--The Administrator shall exercise
        leadership in the creation of international policies and standards
        relating to the issuance of amended type certificates within the
        Certification Management Team.
            (2) Reevaluation of amended type certificates.--In carrying out
        this subsection, the Administrator shall--
                (A) encourage Certification Management Team members to
            examine and address any relevant covered recommendations (as
            defined in section 121(c)) relating to the issuance of amended
            type certificates;
                (B) reevaluate existing assumptions and practices inherent
            in the amended type certificate process and assess whether such
            assumptions and practices are valid; and
                (C) ensure, to the greatest extent practicable, that
            Federal regulations relating to the issuance of amended type
            certificates are harmonized with the regulations of other
            international states of design.
        (b) Amended Type Certificate Report and Rulemaking.--
            (1) Briefings.--Not later than 12 months after the date of
        enactment of this title, and annually thereafter through fiscal
        year 2023, the Administrator shall brief the congressional
        committees of jurisdiction on the work and status of the
        development of such recommendations by the Certification Management
        Team.
            (2) Initiation of action.--Not later than 2 years after the
        date of enactment of this title, the Administrator shall take
        action to revise and improve the process of issuing amended type
        certificates in accordance with this section. Such action shall
        include, at minimum--
                (A) initiation of a rulemaking proceeding; and
                (B) development or revision of guidance and training
            materials.
            (3) Contents.--In taking actions required under paragraph (2),
        the Administrator shall do the following:
                (A) Ensure that proposed changes to an aircraft are
            evaluated from an integrated whole aircraft system perspective
            that examines the integration of proposed changes with existing
            systems and associated impacts.
                (B) Define key terms used for the changed product process
            under sections 21.19 and 21.101 of title 14, Code of Federal
            Regulations.
                (C) Consider--
                    (i) the findings and work of the Certification
                Management Team and other similar international
                harmonization efforts;
                    (ii) any relevant covered recommendations (as defined
                in section 121(c)); and
                    (iii) whether a fixed time beyond which a type
                certificate may not be amended would improve aviation
                safety.
                (D) Establish the extent to which the following design
            characteristics should preclude the issuance of an amended type
            certificate:
                    (i) A new or revised flight control system.
                    (ii) Any substantial changes to aerodynamic stability
                resulting from a physical change that may require a new or
                modified software system or control law in order to produce
                positive and acceptable stability and handling qualities.
                    (iii) A flight control system or augmented software to
                maintain aerodynamic stability in any portion of the flight
                envelope that was not required for a previously certified
                derivative.
                    (iv) A change in structural components (other than a
                stretch or shrink of the fuselage) that results in a change
                in structural load paths or the magnitude of structural
                loads attributed to flight maneuvers or cabin
                pressurization.
                    (v) A novel or unusual system, component, or other
                feature whose failure would present a hazardous or
                catastrophic risk.
                (E) Develop objective criteria for helping to determine
            what constitutes a substantial change and a significant change.
                (F) Implement mandatory aircraft-level reviews throughout
            the certification process to validate the certification basis
            and assumptions.
                (G) Require maintenance of relevant records of agreements
            between the FAA and an applicant that affect certification
            documentation and deliverables.
                (H) Ensure appropriate documentation of any exception or
            exemption from airworthiness requirements codified in title 14
            of the Code of Federal Regulations, as in effect on the date of
            application for the change.
            (4) Guidance materials.--The Administrator shall consider the
        following when developing orders and regulatory guidance, including
        advisory circulars, where appropriate:
                (A) Early FAA involvement and feedback paths in the
            aircraft certification process to ensure the FAA is aware of
            changes to design assumptions and product design impacting a
            changed product assessment.
                (B) Presentation to the FAA of new technology, novel
            design, or safety critical features or systems, initially and
            throughout the certification process, when development and
            certification prompt design or compliance method revision.
                (C) Examples of key terms used for the changed product
            process under sections 21.19 and 21.101 of title 14, Code of
            Federal Regulations.
                (D) Type certificate data sheet improvements to accurately
            state which regulations and amendment level the aircraft
            complies to and when compliance is limited to a subset of the
            aircraft.
                (E) Policies to guide applicants on proper visibility,
            clarity, and consistency of key design and compliance
            information that is submitted for certification, particularly
            with new design features.
                (F) The creation, validation, and implementation of
            analytical tools appropriate for the analysis of complex system
            for the FAA and applicants.
                (G) Early coordination processes with the FAA for the
            functional hazard assessments validation and preliminary system
            safety assessments review.
            (5) Training materials.--The Administrator shall--
                (A) develop training materials for establishing the
            certification basis for changed aeronautical products pursuant
            to section 21.101 of title 14, Code of Federal Regulations,
            applications for a new type certificate pursuant to section
            21.19 of such title, and the regulatory guidance developed as a
            result of the rulemaking conducted pursuant to paragraph (2);
            and
                (B) procedures for disseminating such materials to
            implementing personnel of the FAA, designees, and applicants.
            (6) Certification management team defined.--In this section,
        the term ``Certification Management Team'' means the team framework
        under which the FAA, the European Aviation Safety Agency, the
        Transport Canada Civil Aviation, and the National Civil Aviation
        Agency of Brazil, manage the technical, policy, certification,
        manufacturing, export, and continued airworthiness issues common
        among the 4 authorities.
            (7) Deadline.--The Administrator shall finalize the actions
        initiated under paragraph (2) not later than 3 years after the date
        of enactment of this title.
        (c) International Leadership.--The Administrator shall exercise
    leadership within the ICAO and among other civil aviation regulators
    representing states of aircraft design to advocate for the adoption of
    an amended changed product rule on a global basis, consistent with ICAO
    standards.
        SEC. 118. WHISTLEBLOWER PROTECTIONS.
        Section 42121 of title 49, United States Code, is amended--
            (1) by striking subsection (a) and inserting the following:
        ``(a) Prohibited Discrimination.--A holder of a certificate under
    section 44704 or 44705 of this title, or a contractor, subcontractor,
    or supplier of such holder, may not discharge an employee or otherwise
    discriminate against an employee with respect to compensation, terms,
    conditions, or privileges of employment because the employee (or any
    person acting pursuant to a request of the employee)--
            ``(1) provided, caused to be provided, or is about to provide
        (with any knowledge of the employer) or cause to be provided to the
        employer or Federal Government information relating to any
        violation or alleged violation of any order, regulation, or
        standard of the Federal Aviation Administration or any other
        provision of Federal law relating to aviation safety under this
        subtitle or any other law of the United States;
            ``(2) has filed, caused to be filed, or is about to file (with
        any knowledge of the employer) or cause to be filed a proceeding
        relating to any violation or alleged violation of any order,
        regulation, or standard of the Federal Aviation Administration or
        any other provision of Federal law relating to aviation safety
        under this subtitle or any other law of the United States;
            ``(3) testified or is about to testify in such a proceeding; or
            ``(4) assisted or participated or is about to assist or
        participate in such a proceeding.'';
            (2) by striking subsection (d) and inserting the following:
        ``(d) Nonapplicability to Deliberate Violations.--Subsection (a)
    shall not apply with respect to an employee of a holder of a
    certificate issued under section 44704 or 44705, or a contractor or
    subcontractor thereof, who, acting without direction from such
    certificate-holder, contractor, or subcontractor (or such person's
    agent), deliberately causes a violation of any requirement relating to
    aviation safety under this subtitle or any other law of the United
    States.''; and
            (3) by striking subsection (e) and inserting the following:
        ``(e) Contractor Defined.--In this section, the term `contractor'
    means--
            ``(1) a person that performs safety-sensitive functions by
        contract for an air carrier or commercial operator; or
            ``(2) a person that performs safety-sensitive functions related
        to the design or production of an aircraft, aircraft engine,
        propeller, appliance, or component thereof by contract for a holder
        of a certificate issued under section 44704.''.
        SEC. 119. DOMESTIC AND INTERNATIONAL PILOT TRAINING.
        (a) In General.--Chapter 447 of title 49, United States Code, as
    amended by section 107, is further amended by adding at the end the
    following:
    ``Sec. 44743. Pilot training requirements
        ``(a) In General.--
            ``(1) Administrator's determination.--In establishing any pilot
        training requirements with respect to a new transport airplane, the
        Administrator of the Federal Aviation Administration shall
        independently review any proposal by the manufacturer of such
        airplane with respect to the scope, format, or minimum level of
        training required for operation of such airplane.
            ``(2) Assurances and marketing representations.--Before the
        Administrator has established applicable training requirements, an
        applicant for a new or amended type certificate for an airplane
        described in paragraph (1) may not, with respect to the scope,
        format, or magnitude of pilot training for such airplane--
                ``(A) make any assurance or other contractual commitment,
            whether verbal or in writing, to a potential purchaser of such
            airplane unless a clear and conspicuous disclaimer (as defined
            by the Administrator) is included regarding the status of
            training required for operation of such airplane; or
                ``(B) provide financial incentives (including rebates) to a
            potential purchaser of such airplane regarding the scope,
            format, or magnitude of pilot training for such airplane.
        ``(b) Pilot Response Time.--Beginning on the day after the date on
    which regulations are issued under section 119(c)(6) of the Aircraft
    Certification, Safety, and Accountability Act, the Administrator may
    not issue a new or amended type certificate for an airplane described
    in subsection (a) unless the applicant for such certificate has
    demonstrated to the Administrator that the applicant has accounted for
    realistic assumptions regarding the time for pilot responses to non-
    normal conditions in designing the systems and instrumentation of such
    airplane. Such assumptions shall--
            ``(1) be based on test data, analysis, or other technical
        validation methods; and
            ``(2) account for generally accepted scientific consensus among
        experts in human factors regarding realistic pilot response time.
        ``(c) Definition.--In this section, the term `transport airplane'
    means a transport category airplane designed for operation by an air
    carrier or foreign air carrier type-certificated with a passenger
    seating capacity of 30 or more or an all-cargo or combi derivative of
    such an airplane.''.
        (b) Conforming Amendment.--The analysis for chapter 447 of title
    49, United States Code, is further amended by adding at the end the
    following:

    ``44743. Pilot training requirements.''.

        (c) Expert Safety Review.--
            (1) In general.--Not later than 30 days after the date of
        enactment of this title, the Administrator shall initiate an expert
        safety review of assumptions relied upon by the Administration and
        manufacturers of transport category aircraft in the design and
        certification of such aircraft.
            (2) Contents.--The expert safety review required under
        paragraph (1) shall include--
                (A) a review of Administration regulations, guidance, and
            directives related to pilot response assumptions relied upon by
            the FAA and manufacturers of transport category aircraft in the
            design and certification of such aircraft, and human factors
            and human system integration, particularly those related to
            pilot and aircraft interfaces;
                (B) a focused review of the assumptions relied on regarding
            the time for pilot responses to non-normal conditions in
            designing such aircraft's systems and instrumentation,
            including responses to safety-significant failure conditions
            and failure scenarios that trigger multiple, and possibly
            conflicting, warnings and alerts;
                (C) a review of human factors assumptions with applicable
            operational data, human factors research and the input of human
            factors experts and FAA operational data, and as appropriate,
            recommendations for modifications to existing assumptions;
                (D) a review of revisions made to the airman certification
            standards for certificates over the last 4 years, including any
            possible effects on pilot competency in basic manual flying
            skills;
                (E) consideration of the global nature of the aviation
            marketplace, varying levels of pilot competency, and
            differences in pilot training programs worldwide;
                (F) a process for aviation stakeholders, including pilots,
            airlines, inspectors, engineers, test pilots, human factors
            experts, and other aviation safety experts, to provide and
            discuss any observations, feedback, and best practices;
                (G) a review of processes currently in place to ensure that
            when carrying out the certification of a new aircraft type, or
            an amended type, the cumulative effects that new technologies,
            and the interaction between new technologies and unchanged
            systems for an amended type certificate, may have on pilot
            interactions with aircraft systems are properly assessed
            through system safety assessments or otherwise; and
                (H) a review of processes currently in place to account for
            any necessary adjustments to system safety assessments, pilot
            procedures and training requirements, or design requirements
            when there are changes to the assumptions relied upon by the
            Administration and manufacturers of transport category aircraft
            in the design and certification of such aircraft.
            (3) Report and recommendations.--Not later than 30 days after
        the conclusion of the expert safety review pursuant to paragraph
        (1), the Administrator shall submit to the congressional committees
        of jurisdiction a report on the results of the review, including
        any recommendations for actions or best practices to ensure the FAA
        and the manufacturers of transport category aircraft have accounted
        for pilot response assumptions to be relied upon in the design and
        certification of transport category aircraft and tools or methods
        identified to better integrate human factors throughout the process
        for such certification.
            (4) International engagement.--The Administrator shall notify
        other international regulators that certify transport category
        aircraft type designs of the expert panel report and encourage them
        to review the report and evaluate their regulations and processes
        in light of the recommendations included in the report.
            (5) Termination.--The expert safety review shall end upon
        submission of the report required pursuant to paragraph (3).
            (6) Regulations.--The Administrator shall issue or update such
        regulations as are necessary to implement the recommendations of
        the expert safety review that the Administrator determines are
        necessary to improve aviation safety.
        (d) Call to Action on Airman Certification Standards.--
            (1) In general.--Not later than 60 days after the date of
        enactment of this title, the Administrator shall initiate a call to
        action safety review of pilot certification standards in order to
        bring stakeholders together to share lessons learned, best
        practices, and implement actions to address any safety issues
        identified.
            (2) Contents.--The call to action safety review required under
        paragraph (1) shall include--
                (A) a review of Administration regulations, guidance, and
            directives related to the pilot certification standards,
            including the oversight of those processes;
                (B) a review of revisions made to the pilot certification
            standards for certificates over the last 5 years, including any
            possible effects on pilot competency in manual flying skills
            and effectively managing automation to improve safety; and
                (C) a process for aviation stakeholders, including aviation
            students, instructors, designated pilot examiners, pilots,
            airlines, labor, and aviation safety experts, to provide and
            discuss any observations, feedback, and best practices.
            (3) Report and recommendations.--Not later than 90 days after
        the conclusion of the call to action safety review pursuant to
        paragraph (1), the Administrator shall submit to the congressional
        committees of jurisdiction a report on the results of the review,
        any recommendations for actions or best practices to ensure pilot
        competency in basic manual flying skills and in effective
        management of automation, and actions the Administrator will take
        in response to the recommendations.
        (e) International Pilot Training.--
            (1) In general.--The Secretary of Transportation, the
        Administrator, and other appropriate officials of the Government
        shall exercise leadership in setting global standards to improve
        air carrier pilot training and qualifications for--
                (A) monitoring and managing the behavior and performance of
            automated systems;
                (B) controlling the flightpath of aircraft without
            autoflight systems engaged;
                (C) effectively utilizing and managing autoflight systems,
            when appropriate;
                (D) effectively identifying situations in which the use of
            autoflight systems is appropriate and when such use is not
            appropriate; and
                (E) recognizing and responding appropriately to non-normal
            conditions.
            (2) International leadership.--The Secretary, the
        Administrator, and other appropriate officials of the Government
        shall exercise leadership under paragraph (1) by working with--
                (A) foreign counterparts of the Administrator in the ICAO
            and its subsidiary organizations;
                (B) other international organizations and fora; and
                (C) the private sector.
            (3) Considerations.--In exercising leadership under paragraph
        (1), the Secretary, the Administrator, and other appropriate
        officials of the Government shall consider--
                (A) the latest information relating to human factors;
                (B) aircraft manufacturing trends, including those relating
            to increased automation in the cockpit;
                (C) the extent to which cockpit automation improves
            aviation safety and introduces novel risks;
                (D) the availability of opportunities for pilots to
            practice manual flying skills;
                (E) the need for consistency in maintaining and enhancing
            manual flying skills worldwide;
                (F) recommended practices of other countries that enhance
            manual flying skills and automation management; and
                (G) whether a need exists for initial and recurrent
            training standards for improve pilots' proficiency in manual
            flight and in effective management of autoflight systems.
            (4) Congressional briefing.--The Secretary, the Administrator,
        and other appropriate officials of the Government shall provide to
        the congressional committees of jurisdiction regular briefings on
        the status of efforts undertaken pursuant to this subsection.
        (f) International Aviation Safety.--Section 40104(b) of title 49,
    United States Code, is amended--
            (1) by striking ``The Administrator shall'' and inserting the
        following:
            ``(1) In general.--The Administrator shall''; and
            (2) by adding at the end the following:
            ``(2) Bilateral and multilateral engagement; technical
        assistance.--The Administrator shall--
                ``(A) in consultation with the Secretary of State, engage
            bilaterally and multilaterally, including with the
            International Civil Aviation Organization, on an ongoing basis
            to bolster international collaboration, data sharing, and
            harmonization of international aviation safety requirements
            including through--
                    ``(i) sharing of continued operational safety
                information;
                    ``(ii) prioritization of pilot training deficiencies,
                including manual flying skills and flight crew training, to
                discourage over reliance on automation, further bolstering
                the components of airmanship;
                    ``(iii) encouraging the consideration of the safety
                advantages of appropriate Federal regulations, which may
                include relevant Federal regulations pertaining to flight
                crew training requirements; and
                    ``(iv) prioritizing any other flight crew training
                areas that the Administrator believes will enhance all
                international aviation safety; and
                ``(B) seek to expand technical assistance provided by the
            Federal Aviation Administration in support of enhancing
            international aviation safety, including by--
                    ``(i) promoting and enhancing effective oversight
                systems, including operational safety enhancements
                identified through data collection and analysis;
                    ``(ii) promoting and encouraging compliance with
                international safety standards by counterpart civil
                aviation authorities;
                    ``(iii) minimizing cybersecurity threats and
                vulnerabilities across the aviation ecosystem;
                    ``(iv) supporting the sharing of safety information,
                best practices, risk assessments, and mitigations through
                established international aviation safety groups; and
                    ``(v) providing technical assistance on any other
                aspect of aviation safety that the Administrator determines
                is likely to enhance international aviation safety.''.
            (3) Authorization of appropriations.--There is authorized to be
        appropriated to the Administrator, $2,000,000 for each of fiscal
        years 2021 through 2023, to carry out section 40104(b)(2) of title
        49, United States Code (as added by paragraph (2)).
        (g) Assistance to Foreign Aviation Authorities.--
            (1) In general.--Section 40113(e)(1) of title 49, United States
        Code, is amended by inserting ``The Administrator may also provide
        technical assistance related to all aviation safety-related
        training and operational services in connection with bilateral and
        multilateral agreements, including further bolstering the
        components of airmanship.'' after the first sentence.
            (2) Authorization of appropriations.--Section 40113(e) of title
        49, United States Code, is amended by adding at the end the
        following:
            ``(5) Authorization of appropriations.--There is authorized to
        be appropriated to the Administrator, $5,000,000 for each of fiscal
        years 2021 through 2023, to carry out this subsection. Amounts
        appropriated under the preceding sentence for any fiscal year shall
        remain available until expended.''.
        (h) Sense of Congress Regarding International Pilot Training
    Standards.--
            (1) Findings.--Congress makes the following findings:
                (A) Increased reliance on automation in commercial aviation
            risks a degradation of pilot skills in flight path management
            using manual flight control.
                (B) Manual flight skills are essential for pilot confidence
            and competence.
                (C) During the 40th Assembly of ICAO, the United States,
            Canada, Peru, and Trinidad and Tobago presented a working paper
            titled, ``Pilot Training Improvements to Address Automation
            Dependency''.
                (D) The working paper outlines recommendations for the
            Assembly to mitigate the consequences of automation dependency,
            including identifying competency requirements for flight path
            management using manual flight control and assessing the need
            for new or amended international standards or guidance.
            (2) Sense of congress.--It is the sense of Congress that, as
        soon as practicable--
                (A) the recommendations included in the working paper
            titled ``Pilot Training Improvements to Address Automation
            Dependency'' offered by the United States at the 40th Assembly
            of ICAO should be made a priority by the Assembly; and
                (B) the United States should work with ICAO and other
            international aviation safety groups, further bolstering the
            components of airmanship.
        SEC. 120. NONCONFORMITY WITH APPROVED TYPE DESIGN.
        Section 44704(d) of title 49, United States Code, is amended by
    adding at the end the following:
            ``(3) Nonconformity with approved type design.--
                ``(A) In general.--Consistent with the requirements of
            paragraph (1), a holder of a production certificate for an
            aircraft may not present a nonconforming aircraft, either
            directly or through the registered owner of such aircraft or a
            person described in paragraph (2), to the Administrator for
            issuance of an initial airworthiness certificate.
                ``(B) Civil penalty.--Notwithstanding section 46301, a
            production certificate holder who knowingly violates
            subparagraph (A) shall be liable to the Administrator for a
            civil penalty of not more than $1,000,000 for each
            nonconforming aircraft.
                ``(C) Penalty considerations.--In determining the amount of
            a civil penalty under subparagraph (B), the Administrator shall
            consider--
                    ``(i) the nature, circumstances, extent, and gravity of
                the violation, including the length of time the
                nonconformity was known by the holder of a production
                certificate but not disclosed; and
                    ``(ii) with respect to the violator, the degree of
                culpability, any history of prior violations, and the size
                of the business concern.
                ``(D) Nonconforming aircraft defined.--In this paragraph,
            the term `nonconforming aircraft' means an aircraft that does
            not conform to the approved type design for such aircraft
            type.''.
        SEC. 121. IMPLEMENTATION OF RECOMMENDATIONS.
        (a) In General.--Not later than 1 year after the date of enactment
    of this title, the Administrator shall submit a report to the
    congressional committees of jurisdiction on the status of the
    Administration's implementation of covered recommendations.
        (b) Contents.--The report required under subsection (a) shall
    contain, at a minimum--
            (1) a list and description of all covered recommendations;
            (2) a determination of whether the Administrator concurs,
        concurs in part, or does not concur with each covered
        recommendation;
            (3) an implementation plan and schedule for all covered
        recommendations the Administrator concurs or concurs in part with;
        and
            (4) for each covered recommendation with which the
        Administrator does not concur (in whole or in part), a detailed
        explanation as to why.
        (c) Covered Recommendations Defined.--In this section, the term
    ``covered recommendations'' means recommendations made by the following
    entities in any review initiated in response to the accident of Lion
    Air flight 610 on October 29, 2018, or Ethiopian Airlines flight 302 on
    March 10, 2019, that recommend Administration action:
            (1) The National Transportation Safety Board.
            (2) The Joint Authorities Technical Review.
            (3) The inspector general of the Department of Transportation.
            (4) The Safety Oversight and Certification Advisory Committee,
        or any special committee thereof.
            (5) Any other entity the Administrator may designate.
        SEC. 122. OVERSIGHT OF FAA COMPLIANCE PROGRAM.
        (a) In General.--Not later than 180 days after the date of
    enactment of this title, the Administrator shall establish an Executive
    Council within the Administration to oversee the use and effectiveness
    across program offices of the Administration's Compliance Program,
    described in Order 8000.373A dated October 31, 2018.
        (b) Compliance Program Oversight.--The Executive Council
    established under this section shall--
            (1) monitor, collect, and analyze data on the use of the
        Compliance Program across program offices of the Administration,
        including data on enforcement actions and compliance actions
        pursued against regulated entities by such program offices;
            (2) conduct an evaluation of the Compliance Program, not less
        frequently than annually each calendar year through 2023, to assess
        the functioning and effectiveness of such program in meeting the
        stated goals and purpose of the program;
            (3) provide reports to the Administrator containing the results
        of any evaluation conducted under paragraph (2), including
        identifying in such report any nonconformities or deficiencies in
        the implementation of the program and compliance of regulated
        entities with safety standards of the Administration;
            (4) make recommendations to the Administrator on regulations,
        guidance, performance standards or metrics, or other controls that
        should be issued by the Administrator to improve the effectiveness
        of the Compliance Program in meeting the stated goals and purpose
        of the program and to ensure the highest levels of aviation safety;
        and
            (5) carry out any other oversight duties with respect to
        implementation of the Compliance Program and assigned by the
        Administrator.
        (c) Executive Council.--
            (1) Executive council membership.--The Executive Council shall
        be comprised of representatives from each program office with
        regulatory responsibility as provided in Order 8000.373A.
            (2) Chairperson.--The Executive Council shall be chaired by a
        person, who shall be appointed by the Administrator and shall
        report directly to the Administrator.
            (3) Independence.--The Secretary of Transportation, the
        Administrator, or any officer or employee of the Administration may
        not prevent or prohibit the chair of the Executive Council from
        performing the activities described in this section or from
        reporting to Congress on such activities.
            (4) Duration.--The Executive Council shall terminate on October
        1, 2023.
        (d) Annual Briefing.--Each calendar year through 2023, the chair of
    the Executive Council shall provide a briefing to the congressional
    committees of jurisdiction on the effectiveness of the Administration's
    Compliance Program in meeting the stated goals and purpose of the
    program and the activities of the office described in subsection (b),
    including any reports and recommendations made by the office during the
    preceding calendar year.
        SEC. 123. SETTLEMENT AGREEMENT.
        (a) Sense of Congress.--It is the sense of Congress that the
    Administrator should fully exercise all rights and pursue all remedies
    available to the Administrator under any settlement agreement between
    the Administration and the holder of a type certificate and production
    certificate for transport airplanes executed on December 18, 2015,
    including a demand for full payment of any applicable civil penalties
    deferred under such agreement, if the Administrator concludes that such
    holder has not fully performed all obligations incurred under such
    agreement.
        (b) Congressional Briefing.--Not later than 60 days after the date
    of enactment of this title, and every 6 months thereafter until a
    certificate holder described in subsection (a) has fully performed all
    obligations incurred by such certificate holder under such settlement
    agreement, the Administrator shall brief the congressional committees
    of jurisdiction on action taken consistent with subsection (a).
        SEC. 124. HUMAN FACTORS EDUCATION PROGRAM.
        (a) Human Factors Education Program.--
            (1) In general.--The Administrator shall develop a human
        factors education program that addresses the effects of modern
        flight deck systems, including automated systems, on human
        performance for transport airplanes and the approaches for better
        integration of human factors in aircraft design and certification.
            (2) Target audience.--The human factors education program shall
        be integrated into the training protocols (as in existence as of
        the date of enactment of this title) for, and be routinely
        administered to, the following:
                (A) Appropriate employees within the Flight Standards
            Service.
                (B) Appropriate employees within the Aircraft Certification
            Service.
                (C) Other employees or authorized representatives
            determined to be necessary by the Administrator.
        (b) Transport Airplane Manufacturer Information Sharing.--The
    Administrator shall--
            (1) require each transport airplane manufacturer to provide the
        Administrator with the information or findings necessary for flight
        crew to be trained on flight deck systems;
            (2) ensure the information or findings under paragraph (1)
        adequately includes consideration of human factors; and
            (3) ensure that each transport airplane manufacturer identifies
        any technical basis, justification or rationale for the information
        and findings under paragraph (1).
        SEC. 125. BEST PRACTICES FOR ORGANIZATION DESIGNATION
          AUTHORIZATIONS.
        (a) In General.--Section 213 of the FAA Reauthorization Act of 2018
    (Public Law 115-254, 132 Stat. 3249) is amended--
            (1) by striking subsection (g);
            (2) by redesignating subsections (c) through (f) as subsections
        (d) through (g), respectively;
            (3) by inserting after subsection (b), the following:
        ``(c) Best Practices Review.--In addition to conducting the survey
    required under subsection (b), the Panel shall conduct a review of a
    sampling of ODA holders to identify and develop best practices. At a
    minimum, the best practices shall address preventing and deterring
    instances of undue pressure on or by an ODA unit member, within an ODA,
    or by an ODA holder, or failures to maintain independence between the
    FAA and an ODA holder or an ODA unit member. In carrying out such
    review, the Panel shall--
            ``(1) examine other government regulated industries to gather
        lessons learned, procedures, or processes that address undue
        pressure of employees, perceived regulatory coziness, or other
        failures to maintain independence;
            ``(2) identify ways to improve communications between an ODA
        Administrator, ODA unit members, and FAA engineers and inspectors,
        consistent with section 44736(g) of title 49, United States Code,
        in order to enable direct communication of technical concerns that
        arise during a certification project without fear of reprisal to
        the ODA Administrator or ODA unit member; and
            ``(3) examine FAA designee programs, including the assignment
        of FAA advisors to designees, to determine which components of the
        program may improve the FAA's oversight of ODA units, ODA unit
        members, and the ODA program.'';
            (4) in subsection (d) (as redesignated by paragraph (2))--
                (A) by striking paragraph (3) and redesignating paragraphs
            (4) through (6) as paragraphs (3) through (5), respectively;
                (B) in paragraph (4) (as redesignated by subparagraph (A)),
            by striking ``and'' at the end;
                (C) in paragraph (5) (as so redesignated), by striking the
            period at the end and inserting ``; and''; and
                (D) by adding at the end the following:
            ``(6) the results of the review conducted under subsection
        (c).''; and
            (5) by inserting after subsection (g) (as redesignated by
        paragraph (2)), the following:
        ``(h) Best Practices Adoption.--
            ``(1) In general.--Not later than 180 days after the date on
        which the Administrator receives the report required under
        subsection (e), the Administrator shall establish best practices
        that are generally applicable to all ODA holders and require such
        practices to be incorporated, as appropriate, into each ODA
        holder's approved procedures manual.
            ``(2) Notice and comment period.--The Administrator shall
        publish the established best practices for public notice and
        comment for not fewer than 60 days prior to requiring the
        practices, as appropriate, be incorporated into each ODA holder's
        approved procedures manual.
        ``(i) Sunset.--The Panel shall terminate on the earlier of--
            ``(1) the date of submission of the report under subsection
        (e); or
            ``(2) the date that is 2 years after the date on which the
        Panel is first convened under subsection (a).''.
        (b) Procedures Manual.--Section 44736(b)(3) of title 49, United
    States Code, as amended by subsection (c)(2)(D) of section 107), is
    further amended--
            (1) in subparagraph (D) (as redesignated by such subsection),
        by striking ``and'' after the semicolon at the end;
            (2) in subparagraph (E) (as so redesignated), by striking the
        period at the end and inserting ``; and''; and
            (3) by adding at the end the following:
                ``(F) ensure the ODA holders procedures manual contains
            procedures and policies based on best practices established by
            the Administrator.''.
        SEC. 126. HUMAN FACTORS RESEARCH.
        (a) Human Factors.--Not later than 180 days after the date of
    enactment of this title, the Administrator, in consultation with
    aircraft manufacturers, operators, and pilots, and in coordination with
    the head of such other Federal agency that the Administrator determines
    appropriate, shall develop research requirements to address the
    integration of human factors in the design and certification of
    aircraft that are intended for use in air transportation.
        (b) Requirements.--In developing such research requirements, the
    Administrator shall--
            (1) establish goals for research in areas of study relevant to
        advancing technology, improving design engineering and
        certification practices, and facilitating better understanding of
        human factors concepts in the context of the growing development
        and reliance on automated or complex flight deck systems in
        aircraft operations, including the development of tools to validate
        pilot recognition and response assumptions and diagnostic tools to
        improve the clarity of failure indications presented to pilots;
            (2) take into consideration and leverage any existing or
        planned research that is conducted by, or conducted in partnership
        with, the FAA; and
            (3) focus on--
                (A) preventing a recurrence of the types of accidents that
            have involved transport category airplanes designed and
            manufactured in the United States; and
                (B) increasingly complex aircraft systems and designs.
        (c) Implementation.--In implementing the research requirements
    developed under this section, the Administrator shall work with
    appropriate organizations and authorities with expertise including, to
    the maximum extent practicable, the Center of Excellence for Technical
    Training and Human Performance and the Center of Excellence developed
    or expanded pursuant to section 127.
        (d) Authorization of Appropriations.--There is authorized to be
    appropriated to the Administrator $7,500,000 for each of fiscal years
    2021 through 2023, out of funds made available under section 48102(a)
    of title 49, United States Code, to carry out this section.
        SEC. 127. FAA CENTER OF EXCELLENCE FOR AUTOMATED SYSTEMS AND HUMAN
          FACTORS IN AIRCRAFT.
        (a) In General.--The Administrator shall develop or expand a Center
    of Excellence focused on automated systems and human factors in
    transport category aircraft.
        (b) Duties.--The Center of Excellence shall, as appropriate--
            (1) facilitate collaboration among academia, the FAA, and the
        aircraft and airline industries, including aircraft, engine, and
        equipment manufacturers, air carriers, and representatives of the
        pilot community;
            (2) establish goals for research in areas of study relevant to
        advancing technology, improving engineering practices, and
        facilitating better understanding of human factors concepts in the
        context of the growing development and reliance on automated or
        complex systems in commercial aircraft, including continuing
        education and training;
            (3) examine issues related to human system integration and
        flight crew and aircraft interfaces, including tools and methods to
        support the integration of human factors considerations into the
        aircraft design and certification process; and
            (4) review safety reports to identify potential human factors
        issues for research.
        (c) Avoiding Duplication of Work.--In developing or expanding the
    Center of Excellence, the Administrator shall ensure the work of the
    Center of Excellence does not duplicate or overlap with the work of any
    other established center of excellence.
        (d) Member Prioritization.--
            (1) In general.--The Administrator, when developing or
        expanding the Center of Excellence, shall prioritize the inclusion
        of subject-matter experts whose professional experience enables
        them to be objective and impartial in their contributions to the
        greatest extent possible.
            (2) Representation.--The Administrator shall require that the
        membership of the Center of Excellence reflect a balanced viewpoint
        across broad disciplines in the aviation industry.
            (3) Disclosure.--Any member of the Center of Excellence who is
        a Boeing Company or FAA employee who participated in the
        certification of the Maneuvering Characteristics Augmentation
        System for the 737 MAX-8 airplane must disclose such involvement to
        the FAA prior to performing any work on behalf of the FAA.
            (4) Transparency.--In developing or expanding the Center of
        Excellence, the Administrator shall develop procedures to
        facilitate transparency and appropriate maintenance of records to
        the maximum extent practicable.
            (5) Coordination.--Nothing in this section shall preclude
        coordination and collaboration between the Center of Excellence
        developed or expanded under this section and any other established
        center of excellence.
        (e) Authorization of Appropriations.--There is authorized to be
    appropriated to the Administrator $2,000,000 for each of fiscal years
    2021 through 2023, out of funds made available under section 48102(a)
    of title 49, United States Code, to carry out this section. Amounts
    appropriated under the preceding sentence for any fiscal year shall
    remain available until expended.
        SEC. 128. PILOT OPERATIONAL EVALUATIONS.
        (a) Pilot Operational Evaluations.--Not later than 1 year after the
    date of enactment of this title, the Administrator shall revise
    existing policies for manufacturers of transport airplanes to ensure
    that pilot operational evaluations for airplane types that are
    submitted for certification utilize pilots from air carriers that are
    expected to operate such airplanes.
        (b) Requirement.--Such manufacturer shall ensure, to the
    satisfaction of the Administrator, that the air carrier and foreign air
    carrier pilots used for such evaluations include pilots of varying
    levels of experience.
        SEC. 129. ENSURING APPROPRIATE RESPONSIBILITY OF AIRCRAFT
          CERTIFICATION AND FLIGHT STANDARDS PERFORMANCE OBJECTIVES AND
          METRICS.
        (a) Repeals.--Sections 211 and 221 of the FAA Reauthorization Act
    of 2018 (49 U.S.C. 44701 note) are repealed.
        (b) Conforming Repeals.--Paragraphs (8) and (9) of section 202(c)
    of the FAA Reauthorization Act of 2018 (49 U.S.C. 44701 note) are
    repealed.
        SEC. 130. TRANSPORT AIRPLANE RISK ASSESSMENT METHODOLOGY.
        (a) Deadlines.--
            (1) Agreement.--Not later than 15 days after the date of
        enactment of this title, the Administrator shall enter into an
        agreement with the National Academies of Sciences to develop a
        report regarding the methodology and effectiveness of the Transport
        Airplane Risk Assessment Methodology (TARAM) process used by the
        FAA.
            (2) Report.--Not later than 180 days after the date of
        enactment of this title, the National Academies of Sciences shall
        deliver such report to the congressional committees of
        jurisdiction.
        (b) Elements.--The report under subsection (a) shall include the
    following elements:
            (1) An assessment of the TARAM analysis process.
            (2) An assessment of the effectiveness of the TARAM for the
        purposes of improving aviation safety.
            (3) Recommendations to improve the methodology and
        effectiveness of the TARAM as an element of aviation safety.
        (c) Required Notice.--The Administrator shall provide notice to the
    congressional committees of jurisdiction on the findings and
    recommendations of a TARAM conducted following a transport airplane
    accident--
            (1) in which a loss of life occurred; and
            (2) for which the Administrator determines that the issuance of
        an airworthiness directive will likely be necessary to correct an
        unsafe condition associated with the design of the relevant
        aircraft type.
        SEC. 131. NATIONAL AIR GRANT FELLOWSHIP PROGRAM.
        (a) Program.--
            (1) Program maintenance.--The Administrator shall maintain
        within the FAA a program to be known as the ``National Air Grant
        Fellowship Program''.
            (2) Program elements.--The National Air Grant Fellowship
        Program shall provide support for the fellowship program under
        subsection (b).
            (3) Responsibilities of administrator.--
                (A) Guidelines.--The Administrator shall establish
            guidelines related to the activities and responsibilities of
            air grant fellowships under subsection (b).
                (B) Qualifications.--The Administrator shall by regulation
            prescribe the qualifications required for designation of air
            grant fellowships under subsection (b).
                (C) Authority.--In order to carry out the provisions of
            this section, the Administrator may--
                    (i) appoint, assign the duties, transfer, and fix the
                compensation of such personnel as may be necessary, in
                accordance with civil service laws;
                    (ii) make appointments with respect to temporary and
                intermittent services to the extent authorized by section
                3109 of title 5, United States Code;
                    (iii) enter into contracts, cooperative agreements, and
                other transactions without regard to section 6101 of title
                41, United States Code;
                    (iv) notwithstanding section 1342 of title 31, United
                States Code, accept donations and voluntary and
                uncompensated services;
                    (v) accept funds from other Federal departments and
                agencies, including agencies within the FAA, to pay for and
                add to activities authorized by this section; and
                    (vi) promulgate such rules and regulations as may be
                necessary and appropriate.
            (4) Director of national air grant fellowship program.--
                (A) In general.--The Administrator shall appoint, as the
            Director of the National Air Grant Fellowship Program, a
            qualified individual who has appropriate administrative
            experience and knowledge or expertise in fields related to
            aerospace. The Director shall be appointed and compensated,
            without regard to the provisions of title 5 governing
            appointments in the competitive service, at a rate payable
            under section 5376 of title 5, United States Code.
                (B) Duties.--Subject to the supervision of the
            Administrator, the Director shall administer the National Air
            Grant Fellowship Program. In addition to any other duty
            prescribed by law or assigned by the Administrator, the
            Director shall--
                    (i) cooperate with institutions of higher education
                that offer degrees in fields related to aerospace;
                    (ii) encourage the participation of graduate and post-
                graduate students in the National Air Grant Fellowship
                Program; and
                    (iii) cooperate and coordinate with other Federal
                activities in fields related to aerospace.
        (b) Fellowships.--
            (1) In general.--The Administrator shall support a program of
        fellowships for qualified individuals at the graduate and post-
        graduate level. The fellowships shall be in fields related to
        aerospace and awarded pursuant to guidelines established by the
        Administrator. The Administrator shall strive to ensure equal
        access for minority and economically disadvantaged students to the
        program carried out under this paragraph.
            (2) Aerospace policy fellowship.--
                (A) In general.--The Administrator shall award aerospace
            policy fellowships to support the placement of individuals at
            the graduate level of education in fields related to aerospace
            in positions with--
                    (i) the executive branch of the United States
                Government; and
                    (ii) the legislative branch of the United States
                Government.
                (B) Placement priorities for legislative fellowships.--
                    (i) In general.--In considering the placement of
                individuals receiving a fellowship for a legislative branch
                position under subparagraph (A)(ii), the Administrator
                shall give priority to placement of such individuals in the
                following:

                        (I) Positions in offices of, or with Members on,
                    committees of Congress that have jurisdiction over the
                    FAA.
                        (II) Positions in offices of Members of Congress
                    that have a demonstrated interest in aerospace policy.

                    (ii) Equitable distribution.--In placing fellows in
                positions described under clause (i), the Administrator
                shall ensure that placements are equally distributed among
                the political parties.
                (C) Duration.--A fellowship awarded under this paragraph
            shall be for a period of not more than 1 year.
            (3) Restriction on use of funds.--Amounts available for
        fellowships under this subsection, including amounts accepted under
        subsection (a)(3)(C)(v) or appropriated under subsection (d) to
        carry out this subsection, shall be used only for award of such
        fellowships and administrative costs of implementing this
        subsection.
        (c) Interagency Cooperation.--Each department, agency, or other
    instrumentality of the Federal Government that is engaged in or
    concerned with, or that has authority over, matters relating to
    aerospace--
            (1) may, upon a written request from the Administrator, make
        available, on a reimbursable basis or otherwise, any personnel
        (with their consent and without prejudice to their position and
        rating), service, or facility that the Administrator deems
        necessary to carry out any provision of this section;
            (2) shall, upon a written request from the Administrator,
        furnish any available data or other information that the
        Administrator deems necessary to carry out any provision of this
        section; and
            (3) shall cooperate with the FAA and duly authorized officials
        thereof.
        (d) Authorization of Appropriations.--There is authorized to be
    appropriated to the Administrator $15,000,000 for each of fiscal years
    2021 through 2025 to carry out this section. Amounts appropriated under
    the preceding sentence shall remain available until expended.
        (e) Definitions.--In this section:
            (1) Director.--The term ``Director'' means the Director of the
        National Air Grant Fellowship Program, appointed pursuant to
        subsection (a)(4).
            (2) Fields related to aerospace.--The term ``fields related to
        aerospace'' means any discipline or field that is concerned with,
        or likely to improve, the development, assessment, operation,
        safety, or repair of aircraft and other airborne objects and
        systems, including the following:
                (A) Aerospace engineering.
                (B) Aerospace physiology.
                (C) Aeronautical engineering.
                (D) Airworthiness engineering.
                (E) Electrical engineering.
                (F) Human factors.
                (G) Software engineering.
                (H) Systems engineering.
        SEC. 132. EMERGING SAFETY TRENDS IN AVIATION.
        (a) General.--Not later than 180 days after the date of enactment
    of this title, the Administrator shall enter into an agreement with the
    Transportation Research Board for the purposes of developing an annual
    report identifying, categorizing, and analyzing emerging safety trends
    in air transportation.
        (b) Factors.--The emerging safety trends report should be based on
    the following data:
            (1) The National Transportation Safety Board's investigation of
        accidents under section 1132 of title 49, United States Code.
            (2) The Administrator's investigations of accidents and
        incidents under section 40113 of title 49, United States Code.
            (3) Information provided by air operators pursuant to safety
        management systems.
            (4) International investigations of accidents and incidents,
        including reports, data, and information from foreign authorities
        and ICAO.
            (5) Other sources deemed appropriate for establishing emerging
        safety trends in the aviation sector, including the FAA's annual
        safety culture assessment required under subsection (c).
        (c) Safety Culture Assessment.--The Administrator shall conduct an
    annual safety culture assessment through fiscal year 2031, which shall
    include surveying all employees in the FAA's Aviation Safety
    organization (AVS) to determine the employees' collective opinion
    regarding, and to assess the health of, AVS' safety culture and
    implementation of any voluntary safety reporting program.
        (d) Existing Reporting Systems.--The Executive Director of the
    Transportation Research Board, in consultation with the Secretary of
    Transportation and Administrator, may take into account and, as
    necessary, harmonize data and sources from existing reporting systems
    within the Department of Transportation and FAA.
        (e) Biennial Report to Congress.--One year after the Administrator
    enters into the agreement with the Transportation Research Board as set
    forth in subsection (a), and biennially thereafter through fiscal year
    2031, the Executive Director, in consultation with the Secretary and
    Administrator, shall submit to the congressional committees of
    jurisdiction a report identifying the emerging safety trends in air
    transportation.
        SEC. 133. FAA ACCOUNTABILITY ENHANCEMENT.
        (a) Enhancement of the Aviation Safety Whistleblower Investigation
    Office in the Federal Aviation Administration.--
            (1) Renaming of the office.--
                (A) In general.--Section 106(t)(1) of title 49, United
            States Code, is amended by striking ``an Aviation Safety
            Whistleblower Investigation Office'' and inserting ``the Office
            of Whistleblower Protection and Aviation Safety
            Investigations''.
                (B) Conforming amendment.--The heading of subsection (t) of
            section 106 of title 49, United States Code, is amended by
            striking ``Aviation Safety Whistleblower Investigation Office''
            and inserting ``Office of Whistleblower Protection and Aviation
            Safety Investigations''.
            (2) Duties.--
                (A) In general.--Section 106(t)(3)(A) of title 49, United
            States Code, is amended--
                    (i) in clause (i), by striking ``(if the certificate
                holder does not have a similar in-house whistleblower or
                safety and regulatory noncompliance reporting process)''
                and inserting ``(if the certificate holder does not have a
                similar in-house whistleblower or safety and regulatory
                noncompliance reporting process established under or
                pursuant to a safety management system)'';
                    (ii) in clause (ii), by striking ``and'' at the end;
                    (iii) in clause (iii), by striking the period at the
                end and inserting a semicolon; and
                    (iv) by adding at the end the following:
                    ``(iv) receive allegations of whistleblower retaliation
                by employees of the Agency;
                    ``(v) coordinate with and provide all necessary
                assistance to the Office of Investigations and Professional
                Responsibility, the inspector general of the Department of
                Transportation, and the Office of Special Counsel on
                investigations relating to whistleblower retaliation by
                employees of the Agency; and
                    ``(vi) investigate allegations of whistleblower
                retaliation by employees of the Agency that have been
                delegated to the Office by the Office of Investigations and
                Professional Responsibility, the inspector general of the
                Department of Transportation, or the Office of Special
                Counsel.''.
                (B) Limitation.--Section 106(t)(2) of title 49, United
            States Code, is amended by adding at the end the following:
                ``(E) Limitation of duties.-- The Director may only perform
            duties of the Director described in paragraph (3)(A).''.
                (C) Conforming amendments.--Section 106(t)(7) of title 49,
            United States Code, is amended--
                    (i) in the matter preceding subparagraph (A), by
                striking ``October 1'' and inserting ``November 15''; and
                    (ii) in subparagraph (A), by striking ``paragraph
                (3)(A)(i) in the preceding 12-month period'' and inserting
                ``paragraph (3)(A)(i) in the preceding fiscal year''.
            (3) Report.--Section 106(t)(7) of title 49, United States Code,
        as amended by paragraph (2)(C), is further amended--
                (A) in subparagraph (C)--
                    (i) by inserting ``the resolution of those submissions,
                including any'' before ``further''; and
                    (ii) by striking ``and'' after the semicolon;
                (B) in subparagraph (D) by striking ``recommendations.''
            and inserting ``recommendations; and''; and
                (C) by adding at the end the following:
                ``(E) A summary of the activities of the Whistleblower
            Ombudsman, including--
                    ``(i) the number of employee consultations conducted by
                the Whistleblower Ombudsman in the preceding 12-month
                period and a summary of such consultations and their
                resolution (in a de-identified or anonymized form); and
                    ``(ii) the number of reported incidents of retaliation
                during such period and, if applicable, a description of the
                disposition of such incidents during such period.''.
        (b) Whistleblower Ombudsman.--Section 106(t) of title 49, United
    States Code, is further amended by adding at the end the following:
            ``(8) Whistleblower ombudsman.--
                ``(A) In general.--Within the Office, there shall be
            established the position of Whistleblower Ombudsman.
                ``(B) Ombudsman qualifications.--The individual selected as
            Ombudsman shall have knowledge of Federal labor law and
            demonstrated government experience in human resource
            management, and conflict resolution.
                ``(C) Duties.--The Ombudsman shall carry out the following
            duties:
                    ``(i) Educate Administration employees about
                prohibitions against materially adverse acts of retaliation
                and any specific rights or remedies with respect to those
                retaliatory actions.
                    ``(ii) Serve as an independent confidential resource
                for Administration employees to discuss any specific
                retaliation allegation and available rights or remedies
                based on the circumstances, as appropriate.
                    ``(iii) Coordinate with Human Resource Management, the
                Office of Accountability and Whistleblower Protection, the
                Office of Professional Responsibility, and the Office of
                the Chief Counsel, as necessary.
                    ``(iv) Coordinate with the Office of the Inspector
                General of the Department of Transportation's Whistleblower
                Protection Coordinator and the Office of the Special
                Counsel, as necessary.
                    ``(v) Conduct outreach and assist in the development of
                training within the Agency to mitigate the potential for
                retaliation and promote timely and appropriate processing
                of any protected disclosure or allegation of materially
                adverse acts of retaliation.''.
        (c) Office of Investigations and Professional Responsibility.--The
    Administrator shall take such action as may be necessary to redesignate
    the Office of Investigations of the Administration as the Office of
    Investigations and Professional Responsibility.
        (d) Misconduct Investigations.--
            (1) In general.--The Administrator shall review and revise the
        Administration's existing investigative policies that govern the
        investigation of misconduct by a manager of the Administration
        conducted by the FAA (in this subsection referred to as the
        ``Agency'').
            (2) Preservation of collective bargaining agreements.--The
        investigative policy established under paragraph (1) shall not
        apply to, or in the future, be extended by the Administrator to
        apply to, any employee who is not a manager or is covered by or
        eligible to be covered by a collective bargaining agreement entered
        into by the Agency.
            (3) Requirements.--In revising the investigative policies, the
        Administrator shall ensure such policies require--
                (A) the utilization of investigative best practices to
            ensure independent and objective investigation and accurate
            recording and reporting of such investigation;
                (B) the management of case files to ensure the integrity of
            the information contained in such case files;
                (C) interviews be conducted in a manner that ensures, to
            the greatest extent possible, truthful answers and accurate
            records of such interviews;
                (D) coordination with the Office of the Inspector General
            of the Department of Transportation, the Office of the Special
            Counsel, and the Attorney General, as appropriate; and
                (E) the completion of investigations in a timely manner.
            (4) Definition.--For purposes of this subsection, the term
        ``manager'' means an employee of the Agency who is a supervisor or
        management official, as defined in section 7103(a) of title 5,
        United States Code.
        SEC. 134. AUTHORIZATION OF APPROPRIATIONS FOR THE ADVANCED
          MATERIALS CENTER OF EXCELLENCE.
        Section 44518 of title 49, United States Code, is amended by adding
    at the end the following:
        ``(c) Authorization of Appropriations.--Out of amounts appropriated
    under section 48102(a), the Administrator may expend not more than
    $10,000,000 for each of fiscal years 2021 through 2023 to carry out
    this section. Amounts appropriated under the preceding sentence for
    each fiscal year shall remain available until expended.''.
        SEC. 135. PROMOTING AVIATION REGULATIONS FOR TECHNICAL TRAINING.
        (a) New Regulations Required.--
            (1) Interim final regulations.--Not later than 90 days after
        the date of enactment of this section, the Administrator shall
        issue interim final regulations to establish requirements for
        issuing aviation maintenance technician school certificates and
        associated ratings and the general operating rules for the holders
        of those certificates and ratings in accordance with the
        requirements of this section.
            (2) Repeal of current regulations.--Upon the effective date of
        the interim final regulations required under paragraph (1), part
        147 of title 14, Code of Federal Regulations (as in effect on the
        date of enactment of this title) and any regulations issued under
        section 624 of the FAA Reauthorization Act of 2018 (Public Law 115-
        254) shall have no force or effect on or after the effective date
        of such interim final regulations.
        (b) Aviation Maintenance Technician School Certification
    Required.--No person may operate an aviation maintenance technician
    school without, or in violation of, an aviation maintenance technician
    school certificate and the operations specifications issued under the
    interim final regulations required under subsection (a)(1), the
    requirements of this section, or in a manner that is inconsistent with
    information in the school's operations specifications under subsection
    (c)(5).
        (c) Certificate and Operations Specifications Requirements.--
            (1) Application requirements.--
                (A) In general.--An application for a certificate or rating
            to operate an aviation maintenance technician school shall
            include the following:
                    (i) A description of the facilities, including the
                physical address of the certificate holder's primary
                location for operation of the school, any additional fixed
                locations where training will be provided, and the
                equipment and materials to be used at each location.
                    (ii) A description of the manner in which the school's
                curriculum will ensure the student has the knowledge and
                skills necessary for attaining a mechanic certificate and
                associated ratings under subpart D of part 65 of title 14,
                Code of Federal Regulations (or any successor regulation).
                    (iii) A description of the manner in which the school
                will ensure it provides the necessary qualified instructors
                to meet the requirements of subsection (d)(4).
                (B) Documented in the school's operations specifications.--
            Upon issuance of the school's certificate or rating, the
            information required under subparagraph (A) shall be documented
            in the school's operations specifications.
            (2) Change applications.--
                (A) In general.--An application for an additional rating or
            amended certificate shall include only the information
            necessary to substantiate the reason for the requested
            additional rating or change.
                (B) Approved changes.--Any approved changes shall be
            documented in the school's operations specifications.
            (3) Duration.--An aviation maintenance technician school
        certificate or rating issued under the interim final regulations
        required under subsection (a)(1) shall be effective from the date
        of issue until the certificate or rating is surrendered, suspended,
        or revoked.
            (4) Certificate ratings.--An aviation maintenance technician
        school certificate issued under the interim final regulations
        required under subsection (a)(1) shall specify which of the
        following ratings are held by the aviation maintenance technician
        school:
                (A) Airframe.
                (B) Powerplant.
                (C) Airframe and Powerplant.
            (5) Operations specifications.--A certificated aviation
        maintenance technician school shall operate in accordance with
        operations specifications that include the following:
                (A) The certificate holder's name.
                (B) The certificate holder's air agency certificate number.
                (C) The name and contact information of the certificate
            holder's primary point of contact.
                (D) The physical address of the certificate holder's
            primary location, as provided under paragraph (1)(A).
                (E) The physical address of any additional location of the
            certificate holder, as provided under subsection (d)(2).
                (F) The ratings held, as provided under paragraph (4).
                (G) Any regulatory exemption granted to the school by the
            Administrator.
        (d) Operations Requirements.--
            (1) Facilities, equipment, and material requirements.--Each
        certificated aviation maintenance technician school shall provide
        and maintain the facilities, equipment, and materials that are
        appropriate to the 1 or more ratings held by the school and the
        number of students taught.
            (2) Training provided at another location.--A certificated
        aviation maintenance technician school may provide training at any
        additional location that meets the requirements of the interim
        final regulations required under subsection (a)(1) and is listed in
        the certificate holder's operations specifications.
            (3) Training requirements.--Each certificated aviation
        maintenance technician school shall--
                (A) establish, maintain, and utilize a curriculum designed
            to continually align with mechanic airman certification
            standards as appropriate for the ratings held;
                (B) provide training of a quality that meets the
            requirements of subsection (f)(1); and
                (C) ensure students have the knowledge and skills necessary
            to be eligible to test for a mechanic certificate and
            associated ratings under subpart D of part 65 of title 14, Code
            of Federal Regulations (or any successor regulation).
            (4) Instructor requirements.--Each certificated aviation
        maintenance technician school shall--
                (A) provide qualified instructors to teach in a manner that
            ensures positive educational outcomes are achieved;
                (B) ensure instructors hold a mechanic certificate with 1
            or more appropriate ratings (or, with respect to instructors
            who are not certified mechanics, ensure instructors are
            otherwise specifically qualified to teach their assigned
            content); and
                (C) ensure the student-to-instructor ratio does not exceed
            25:1 for any shop class.
            (5) Certificate of completion.--Each certificated aviation
        maintenance technician school shall provide authenticated
        documentation to each graduating student, indicating the student's
        date of graduation and curriculum completed, as described in
        paragraph (3)(A).
        (e) Quality Control System.--
            (1) Accreditation.--Each aviation maintenance technician school
        shall--
                (A) be accredited as meeting the definition of an
            institution of higher education provided for in section 101 of
            the Higher Education Act of 1965 (20 U.S.C. 1001); or
                (B) establish and maintain a quality control system that
            meets the requirements specified in paragraph (2) and is
            approved by the Administrator.
            (2) FAA-approved system requirements.--In the case of an
        aviation maintenance technician school that is not accredited as
        set forth in paragraph (1), the Administrator shall approve a
        quality control system that provides procedures for recordkeeping,
        assessment, issuing credit, issuing of final course grades,
        attendance, ensuring sufficient number of instructors, granting of
        graduation documentation, and corrective action for addressing
        deficiencies.
        (f) Additional Requirements.--
            (1) Minimum passage rate.--A certificated aviation maintenance
        technician school shall maintain a pass rate of at least 70 percent
        of students who took a written, oral, or practical (or any
        combination thereof) FAA mechanic tests within 60 days of
        graduation for the most recent 3-year period .
            (2) FAA inspection.--A certificated aviation maintenance
        technician school shall allow the Administrator such access as the
        Administrator determines necessary to inspect the 1 or more
        locations of the school for purposes of determining the school's
        compliance with the interim final regulations required under
        subsection (a)(1), the procedures and information outlined in the
        school's operations specifications according to subsection (c)(5),
        and the aviation maintenance technician school certificate issued
        for the school.
            (3) Display of certificate.--A certificated aviation
        maintenance technician school shall display its aviation
        maintenance technician school certificate at a location in the
        school that is visible by and normally accessible to the public.
            (4) Early testing.--A certificated aviation maintenance
        technician school may issue authenticated documentation
        demonstrating a student's satisfactory progress, completion of
        corresponding portions of the curriculum, and preparedness to take
        the aviation mechanic written general knowledge test, even if the
        student has not met the experience requirements of section 65.77 of
        title 14, Code of Federal Regulations (or any successor
        regulation). Any such documentation shall specify the curriculum
        the student completed and the completion date.
        SEC. 136. INDEPENDENT STUDY ON TYPE CERTIFICATION REFORM.
        (a) Report and Deadlines.--Not later than 30 days after the date of
    enactment of this title, the Administrator shall enter into an
    agreement with an appropriate Federally-funded research and development
    center to review, develop, and submit a report to the Administrator in
    accordance with the requirements and elements set forth in this
    section.
        (b) Elements.--The review and report under subsection (a) shall set
    forth analyses, assessments, and recommendations addressing the
    following elements for transport category airplanes:
            (1) Whether or not aviation safety would improve as the result
        of institution of a fixed time beyond which a type certificate may
        not be amended.
            (2) Requiring the Administrator, when issuing an amended or
        supplemental type certificate for a design that does not comply
        with the latest amendments to the applicable airworthiness
        standards, to document any exception from the latest amendment to
        an applicable regulation, issue an exemption in accordance with
        section 44701 of title 14, United States Code, or make a finding of
        an equivalent level of safety in accordance with section
        21.21(a)(1) of title 14, Code of Federal Regulations.
            (3) Safety benefits and costs for certification of transport
        category airplanes resulting from the implementation of paragraphs
        (1) and (2).
            (4) Effects on the development and introduction of advancements
        in new safety enhancing design and technologies, and continued
        operation and operational safety support of products in service in
        the United States and worldwide, resulting from the implementation
        of paragraphs (1) and (2).
        (c) Investigations and Reports.--The review and report under
    subsection (a) shall take into consideration investigations, reports,
    and assessments regarding the Boeing 737 MAX, including but not limited
    to investigations, reports, and assessments by the Joint Authorities
    Technical Review, the National Transportation Safety Board, the
    Department of Transportation Office of the Inspector General, the
    Department of Transportation Special Committee, the congressional
    committees of jurisdiction and other congressional committees, and
    foreign authorities. The review and report under subsection (a) also
    shall consider the impact of changes made by this title and the
    amendments made by this title.
        (d) Report to Congress.--Not later than 270 days after the report
    developed under subsection (a) is submitted to the Administrator, the
    Administrator shall submit a report to the congressional committees of
    jurisdiction regarding the FAA's response to the findings and
    recommendations of the report, what actions the FAA will take as a
    result of such findings and recommendations, and the FAA rationale for
    not taking action on any specific recommendation
        SEC. 137. DEFINITIONS.
        In this title:
            (1) Administration; faa.--The terms ``Administration'' and
        ``FAA'' mean the Federal Aviation Administration.
            (2) Administrator.--The term ``Administrator'' means the
        Administrator of the FAA.
            (3) Congressional committees of jurisdiction.--The term
        ``congressional committees of jurisdiction'' means the Committee on
        Transportation and Infrastructure of the House of Representatives
        and the Committee on Commerce, Science, and Transportation of the
        Senate.
            (4) ICAO.--The term ``ICAO'' means the International Civil
        Aviation Organization.
            (5) Organization designation authorization.--The term
        ``organization designation authorization'' has the same meaning
        given such term in section 44736(c) of title 49, United States
        Code.
            (6) Transport airplane.--The term ``transport airplane'' means
        a transport category airplane designed for operation by an air
        carrier or foreign air carrier type-certificated with a passenger
        seating capacity of 30 or more or an all-cargo or combi derivative
        of such an airplane.
            (7) Type certificate.--The term ``type certificate''--
                (A) means a type certificate issued pursuant to section
            44704(a) of title 49, United States Code, or an amendment to
            such certificate; and
                (B) does not include a supplemental type certificate issued
            under section 44704(b) of such section.

        DIVISION W--INTELLIGENCE AUTHORIZATION ACT FOR FISCAL YEAR 2021

    SEC. 1. SHORT TITLE; TABLE OF CONTENTS.
        (a) Short Title.--This division may be cited as the ``Intelligence
    Authorization Act for Fiscal Year 2021''.
        (b) Table of Contents.--The table of contents for this division is
    as follows:

         DIVISION W--INTELLIGENCE AUTHORIZATION ACT FOR FISCAL YEAR 2021

    Sec. 1. Short title; table of contents.
    Sec. 2. Definitions.
    Sec. 3. Explanatory statement.

                        TITLE I--INTELLIGENCE ACTIVITIES

    Sec. 101. Authorization of appropriations.
    Sec. 102. Classified Schedule of Authorizations.
    Sec. 103. Intelligence Community Management Account.

     TITLE II--CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY SYSTEM

    Sec. 201. Authorization of appropriations.

                    TITLE III--INTELLIGENCE COMMUNITY MATTERS

               Subtitle A--General Intelligence Community Matters

    Sec. 301. Restriction on conduct of intelligence activities.
    Sec. 302. Increase in employee compensation and benefits authorized by
              law.
    Sec. 303. Continuity of operations plans for certain elements of the
              intelligence community in the case of a national emergency.
    Sec. 304. Application of Executive Schedule level III to position of
              Director of National Reconnaissance Office.
    Sec. 305. National Intelligence University.
    Sec. 306. Data collection on attrition in intelligence community.
    Sec. 307. Limitation on delegation of responsibility for program
              management of information-sharing environment.
    Sec. 308. Requirement to buy certain satellite component from American
              sources.
    Sec. 309. Limitation on construction of facilities to be used primarily
              by intelligence community.
    Sec. 310. Intelligence community student loan repayment programs.

       Subtitle B--Reports and Assessments Pertaining to the Intelligence
                                    Community

    Sec. 321. Assessment by the Comptroller General of the United States on
              efforts of the intelligence community and the Department of
              Defense to identify and mitigate risks posed to the
              intelligence community and the Department by the use of
              direct-to-consumer genetic testing by the Government of the
              People's Republic of China.
    Sec. 322. Report on use by intelligence community of hiring
              flexibilities and expedited human resources practices to
              assure quality and diversity in the workforce of the
              intelligence community.
    Sec. 323. Report on signals intelligence priorities and requirements.
    Sec. 324. Assessment of demand for student loan repayment program
              benefit.
    Sec. 325. Assessment of intelligence community demand for child care.
    Sec. 326. Open source intelligence strategies and plans for the
              intelligence community.

      TITLE IV--MATTERS RELATING TO ELEMENTS OF THE INTELLIGENCE COMMUNITY

    Sec. 401. Establishment of Office of the Ombudsman for Analytic
              Objectivity.
    Sec. 402. Expansion of personnel management authority to attract experts
              in science and engineering.
    Sec. 403. Senior Chief Petty Officer Shannon Kent Award for
              distinguished female personnel of the National Security
              Agency.
    Sec. 404. Department of Homeland Security intelligence and cybersecurity
              diversity fellowship program.
    Sec. 405. Climate Security Advisory Council.

               TITLE V--MATTERS RELATING TO EMERGING TECHNOLOGIES

    Sec. 501. Requirements and authorities for Director of the Central
              Intelligence Agency to improve education in science,
              technology, engineering, arts, and mathematics.
    Sec. 502. Seedling investment in next-generation microelectronics in
              support of artificial intelligence.

                       TITLE VI--REPORTS AND OTHER MATTERS

    Sec. 601. Report on attempts by foreign adversaries to build
              telecommunications and cybersecurity equipment and services
              for, or to provide such equipment and services to, certain
              allies of the United States.
    Sec. 602. Report on threats posed by use by foreign governments and
              entities of commercially available cyber intrusion and
              surveillance technology.
    Sec. 603. Reports on recommendations of the Cyberspace Solarium
              Commission.
    Sec. 604. Assessment of critical technology trends relating to
              artificial intelligence, microchips, and semiconductors and
              related supply chains.
    Sec. 605. Combating Chinese influence operations in the United States
              and strengthening civil liberties protections.
    Sec. 606. Annual report on corrupt activities of senior officials of the
              Chinese Communist Party.
    Sec. 607. Report on corrupt activities of Russian and other Eastern
              European oligarchs.
    Sec. 608. Report on biosecurity risk and disinformation by the Chinese
              Communist Party and the Government of the People's Republic of
              China.
    Sec. 609. Report on effect of lifting of United Nations arms embargo on
              Islamic Republic of Iran.
    Sec. 610. Report on Iranian activities relating to nuclear
              nonproliferation.
    Sec. 611. Annual reports on security services of the People's Republic
              of China in the Hong Kong Special Administrative Region.
    Sec. 612. Research partnership on activities of People's Republic of
              China.
    Sec. 613. Report on the pharmaceutical and personal protective equipment
              regulatory practices of the People's Republic of China.
    Sec. 614. National Intelligence Estimate on situation in Afghanistan.
    Sec. 615. Assessment regarding tensions between Armenia and Azerbaijan.
    Sec. 616. Sense of Congress on Third Option Foundation.
    Sec. 617. Annual reports on worldwide threats.
    Sec. 618. Annual report on Climate Security Advisory Council.
    Sec. 619. Improvements to funding for National Security Education
              program.
    Sec. 620. Report on best practices to protect privacy, civil liberties,
              and civil rights of Chinese Americans.
    Sec. 621. National Intelligence Estimate on threat of global pandemic
              disease.
    Sec. 622. Modification of requirement for briefings on national security
              effects of emerging infectious disease and pandemics.
    Sec. 623. Independent study on open-source intelligence.
    Sec. 624. Survey on Open Source Enterprise.
    Sec. 625. Sense of Congress on report on murder of Jamal Khashoggi.
    SEC. 2. DEFINITIONS.
        In this division:
            (1) Congressional intelligence committees.--The term
        ``congressional intelligence committees'' means--
                (A) the Select Committee on Intelligence and the Committee
            on Appropriations of the Senate; and
                (B) the Permanent Select Committee on Intelligence and the
            Committee on Appropriations of the House of Representatives.
            (2) Intelligence community.--The term ``intelligence
        community'' has the meaning given such term in section 3 of the
        National Security Act of 1947 (50 U.S.C. 3003).
    SEC. 3. EXPLANATORY STATEMENT.
        The explanatory statement regarding this division, printed in the
    House section of the Congressional Record by the Chairman of the
    Permanent Select Committee on Intelligence of the House of
    Representatives and in the Senate section of the Congressional Record
    by the Chairman of the Select Committee on Intelligence of the Senate,
    shall have the same effect with respect to the implementation of this
    division as if it were a joint explanatory statement of a committee of
    conference.

                        TITLE I--INTELLIGENCE ACTIVITIES

        SEC. 101. AUTHORIZATION OF APPROPRIATIONS.
        Funds are hereby authorized to be appropriated for fiscal year 2021
    for the conduct of the intelligence and intelligence-related activities
    of the following elements of the United States Government:
            (1) The Office of the Director of National Intelligence.
            (2) The Central Intelligence Agency.
            (3) The Department of Defense.
            (4) The Defense Intelligence Agency.
            (5) The National Security Agency.
            (6) The Department of the Army, the Department of the Navy, and
        the Department of the Air Force.
            (7) The Coast Guard.
            (8) The Department of State.
            (9) The Department of the Treasury.
            (10) The Department of Energy.
            (11) The Department of Justice.
            (12) The Federal Bureau of Investigation.
            (13) The Drug Enforcement Administration.
            (14) The National Reconnaissance Office.
            (15) The National Geospatial-Intelligence Agency.
            (16) The Department of Homeland Security.
        SEC. 102. CLASSIFIED SCHEDULE OF AUTHORIZATIONS.
        (a) Specifications of Amounts.--The amounts authorized to be
    appropriated under section 101 for the conduct of the intelligence
    activities of the elements listed in paragraphs (1) through (16) of
    section 101, are those specified in the classified Schedule of
    Authorizations prepared to accompany this division.
        (b) Availability of Classified Schedule of Authorizations.--
            (1) Availability.--The classified Schedule of Authorizations
        referred to in subsection (a) shall be made available to the
        Committee on Appropriations of the Senate, the Committee on
        Appropriations of the House of Representatives, and to the
        President.
            (2) Distribution by the president.--Subject to paragraph (3),
        the President shall provide for suitable distribution of the
        classified Schedule of Authorizations referred to in subsection
        (a), or of appropriate portions of such Schedule, within the
        executive branch of the Federal Government.
            (3) Limits on disclosure.--The President shall not publicly
        disclose the classified Schedule of Authorizations or any portion
        of such Schedule except--
                (A) as provided in section 601(a) of the Implementing
            Recommendations of the 9/11 Commission Act of 2007 (50 U.S.C.
            3306(a));
                (B) to the extent necessary to implement the budget; or
                (C) as otherwise required by law.
        SEC. 103. INTELLIGENCE COMMUNITY MANAGEMENT ACCOUNT.
        (a) Authorization of Appropriations.--There is authorized to be
    appropriated for the Intelligence Community Management Account of the
    Director of National Intelligence for fiscal year 2021 the sum of
    $759,000,000.
        (b) Classified Authorization of Appropriations.--In addition to
    amounts authorized to be appropriated for the Intelligence Community
    Management Account by subsection (a), there are authorized to be
    appropriated for the Intelligence Community Management Account for
    fiscal year 2021 such additional amounts as are specified in the
    classified Schedule of Authorizations referred to in section 102(a).

     TITLE II--CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY SYSTEM

        SEC. 201. AUTHORIZATION OF APPROPRIATIONS.
        There is authorized to be appropriated for the Central Intelligence
    Agency Retirement and Disability Fund $514,000,000 for fiscal year
    2021.

                   TITLE III--INTELLIGENCE COMMUNITY MATTERS
               Subtitle A--General Intelligence Community Matters

        SEC. 301. RESTRICTION ON CONDUCT OF INTELLIGENCE ACTIVITIES.
        The authorization of appropriations by this division shall not be
    deemed to constitute authority for the conduct of any intelligence
    activity which is not otherwise authorized by the Constitution or the
    laws of the United States.
        SEC. 302. INCREASE IN EMPLOYEE COMPENSATION AND BENEFITS AUTHORIZED
          BY LAW.
        Appropriations authorized by this division for salary, pay,
    retirement, and other benefits for Federal employees may be increased
    by such additional or supplemental amounts as may be necessary for
    increases in such compensation or benefits authorized by law.
        SEC. 303. CONTINUITY OF OPERATIONS PLANS FOR CERTAIN ELEMENTS OF
          THE INTELLIGENCE COMMUNITY IN THE CASE OF A NATIONAL EMERGENCY.
        (a) Definition of Covered National Emergency.--In this section, the
    term ``covered national emergency'' means the following:
            (1) A major disaster declared by the President under section
        401 of the Robert T. Stafford Disaster Relief and Emergency
        Assistance Act (42 U.S.C. 5170).
            (2) An emergency declared by the President under section 501 of
        the Robert T. Stafford Disaster Relief and Emergency Assistance Act
        (42 U.S.C. 5191).
            (3) A national emergency declared by the President under the
        National Emergencies Act (50 U.S.C. 1601 et seq.).
            (4) A public health emergency declared under section 319 of the
        Public Health Service Act (42 U.S.C. 247d).
        (b) In General.--The Director of National Intelligence, the
    Director of the Central Intelligence Agency, the Director of the
    National Reconnaissance Office, the Director of the Defense
    Intelligence Agency, the Director of the National Security Agency, and
    the Director of the National Geospatial-Intelligence Agency shall each
    establish continuity of operations plans for use in the case of covered
    national emergencies for the element of the intelligence community
    concerned.
        (c) Submission to Congress.--
            (1) Director of national intelligence and director of the
        central intelligence agency.--Not later than 7 days after the date
        on which a covered national emergency is declared, the Director of
        National Intelligence and the Director of the Central Intelligence
        Agency shall each submit to the congressional intelligence
        committees the plan established under subsection (b) for that
        emergency for the element of the intelligence community concerned.
            (2) Director of national reconnaissance office, director of
        defense intelligence agency, director of national security agency,
        and director of national geospatial-intelligence agency.--Not later
        than 7 days after the date on which a covered national emergency is
        declared, the Director of the National Reconnaissance Office, the
        Director of the Defense Intelligence Agency, the Director of the
        National Security Agency, and the Director of the National
        Geospatial-Intelligence Agency shall each submit the plan
        established under subsection (b) for that emergency for the element
        of the intelligence community concerned to the following:
                (A) The congressional intelligence committees.
                (B) The Committee on Armed Services of the Senate.
                (C) The Committee on Armed Services of the House of
            Representatives.
        (d) Updates.--During a covered national emergency, the Director of
    National Intelligence, the Director of the Central Intelligence Agency,
    the Director of the National Reconnaissance Office, the Director of the
    Defense Intelligence Agency, the Director of the National Security
    Agency, and the Director of the National Geospatial-Intelligence Agency
    shall each submit any updates to the plans submitted under subsection
    (c)--
            (1) in accordance with that subsection; and
            (2) in a timely manner consistent with section 501 of the
        National Security Act of 1947 (50 U.S.C. 3091).
        SEC. 304. APPLICATION OF EXECUTIVE SCHEDULE LEVEL III TO POSITION
          OF DIRECTOR OF NATIONAL RECONNAISSANCE OFFICE.
        Section 5314 of title 5, United States Code, is amended by adding
    at the end the following:
            ``Director of the National Reconnaissance Office.''.
        SEC. 305. NATIONAL INTELLIGENCE UNIVERSITY.
        (a) In General.--Title X of the National Security Act of 1947 (50
    U.S.C. 3191 et seq.) is amended by adding at the end the following:

                 ``Subtitle D--National Intelligence University

    ``SEC. 1031. TRANSFER DATE.
        ``In this subtitle, the term `transfer date' means the date on
    which the National Intelligence University is transferred from the
    Defense Intelligence Agency to the Director of National Intelligence
    under section 5324(a) of the National Defense Authorization Act for
    Fiscal Year 2020 (Public Law 116-92).
    ``SEC. 1032. DEGREE-GRANTING AUTHORITY.
        ``(a) In General.--Beginning on the transfer date, under
    regulations prescribed by the Director of National Intelligence, the
    President of the National Intelligence University may, upon the
    recommendation of the faculty of the University, confer appropriate
    degrees upon graduates who meet the degree requirements.
        ``(b) Limitation.--A degree may not be conferred under this section
    unless--
            ``(1) the Secretary of Education has recommended approval of
        the degree in accordance with the Federal Policy Governing Granting
        of Academic Degrees by Federal Agencies; and
            ``(2) the University is accredited by the appropriate academic
        accrediting agency or organization to award the degree, as
        determined by the Secretary of Education.
        ``(c) Congressional Notification Requirements.--
            ``(1) Actions on nonaccreditation.--Beginning on the transfer
        date, the Director shall promptly--
                ``(A) notify the congressional intelligence committees of
            any action by the Middle States Commission on Higher Education,
            or other appropriate academic accrediting agency or
            organization, to not accredit the University to award any new
            or existing degree; and
                ``(B) submit to such committees a report containing an
            explanation of any such action.
            ``(2) Modification or redesignation of degree-granting
        authority.--Beginning on the transfer date, upon any modification
        or redesignation of existing degree-granting authority, the
        Director shall submit to the congressional intelligence committees
        a report containing--
                ``(A) the rationale for the proposed modification or
            redesignation; and
                ``(B) any subsequent recommendation of the Secretary of
            Education with respect to the proposed modification or
            redesignation.
    ``SEC. 1033. REPORTING.
        ``(a) In General.--Not less frequently than once each year, the
    Director of National Intelligence shall submit to the congressional
    intelligence committees a plan for employing professors, instructors,
    and lecturers at the National Intelligence University.
        ``(b) Elements.--Each plan submitted under subsection (a) shall
    include the following:
            ``(1) The total number of proposed personnel to be employed at
        the National Intelligence University.
            ``(2) The total annual compensation to be provided the
        personnel described in paragraph (1).
            ``(3) Such other matters as the Director considers appropriate.
        ``(c) Form of Submittal.--Each plan submitted by the Director to
    the congressional intelligence committees under subsection (a) shall be
    submitted as part of another annual submission from the Director to the
    congressional intelligence committees.
    ``SEC. 1034. CONTINUED APPLICABILITY OF THE FEDERAL ADVISORY COMMITTEE
    ACT TO THE BOARD OF VISITORS.
        ``The Federal Advisory Committee Act (5 U.S.C. App.) shall continue
    to apply to the Board of Visitors of the National Intelligence
    University on and after the transfer date.''.
        (b) Plan Regarding Personnel at National Intelligence University.--
            (1) Initial submission.--Not later than 180 days after the date
        of the enactment of this Act, the Director of National Intelligence
        shall submit to the congressional intelligence committees the first
        submission required by section 1033(a) of the National Security Act
        of 1947, as added by subsection (a).
            (2) Certain requirement not applicable.--Subsection (c) of
        section 1033 of the National Security Act of 1947, as added by
        subsection (a), shall not apply to the submittal under paragraph
        (1) of this subsection.
        (c) Conforming Amendments.--Section 5324 of the National Defense
    Authorization Act for Fiscal Year 2020 (Public Law 116-92) is amended--
            (1) in subsection (b)(1)(C), by striking ``subsection (e)(2)''
        and inserting ``section 1032(b) of the National Security Act of
        1947'';
            (2) by striking subsections (e) and (f); and
            (3) by redesignating subsections (g) and (h) as subsections (e)
        and (f), respectively.
        (d) Clerical Amendment.--The table of contents of the National
    Security Act of 1947 is amended by inserting after the item relating to
    section 1024 the following:

                 ``Subtitle D--National Intelligence University

    ``Sec. 1031. Transfer date.
    ``Sec. 1032. Degree-granting authority.
    ``Sec. 1033. Reporting.
    ``Sec. 1034. Continued applicability of the Federal Advisory Committee
              Act to the Board of Visitors.''.
        SEC. 306. DATA COLLECTION ON ATTRITION IN INTELLIGENCE COMMUNITY.
        (a) Standards for Data Collection.--
            (1) In general.--Not later than 90 days after the date of the
        enactment of this Act, the Director of National Intelligence shall
        establish standards for collecting data relating to attrition in
        the intelligence community workforce across demographics,
        specialities, and length of service.
            (2) Inclusion of certain candidates.--The Director shall
        include, in the standards established under paragraph (1),
        standards for collecting data from candidates who accepted
        conditional offers of employment but chose to withdraw from the
        hiring process before entering into service, including data with
        respect to the reasons such candidates chose to withdraw.
        (b) Collection of Data.--Not later than 120 days after the date of
    the enactment of this Act, each element of the intelligence community
    shall begin collecting data on workforce and candidate attrition in
    accordance with the standards established under subsection (a).
        (c) Annual Report.--Not later than 1 year after the date of the
    enactment of this Act, and annually thereafter, the Director shall
    submit to the congressional intelligence committees a report on
    workforce and candidate attrition in the intelligence community that
    includes--
            (1) the findings of the Director based on the data collected
        under subsection (b);
            (2) recommendations for addressing any issues identified in
        those findings; and
            (3) an assessment of timeliness in processing hiring
        applications of individuals previously employed by an element of
        the intelligence community, consistent with the Trusted Workforce
        2.0 initiative sponsored by the Security Clearance, Suitability,
        and Credentialing Performance Accountability Council.
        SEC. 307. LIMITATION ON DELEGATION OF RESPONSIBILITY FOR PROGRAM
          MANAGEMENT OF INFORMATION-SHARING ENVIRONMENT.
        Section 1016(b) of the Intelligence Reform and Terrorism Prevention
    Act of 2004 (6 U.S.C. 485(b)), as amended by section 6402(a) of the
    National Defense Authorization Act for Fiscal Year 2020 (Public Law
    116-92), is further amended--
            (1) in paragraph (1), in the matter before subparagraph (A), by
        striking ``Director of National Intelligence'' and inserting
        ``President'';
            (2) in paragraph (2), by striking ``Director of National
        Intelligence'' both places it appears and inserting ``President'';
        and
            (3) by adding at the end the following:
            ``(3) Delegation.--
                ``(A) In general.--Subject to subparagraph (B), the
            President may delegate responsibility for carrying out this
            subsection.
                ``(B) Limitation.--The President may not delegate
            responsibility for carrying out this subsection to the Director
            of National Intelligence.''.
        SEC. 308. REQUIREMENT TO BUY CERTAIN SATELLITE COMPONENT FROM
          AMERICAN SOURCES.
        (a) In General.--Title XI of the National Security Act of 1947 (50
    U.S.C. 3231 et seq.) is amended by adding at the end the following new
    section:
    ``SEC. 1109. REQUIREMENT TO BUY CERTAIN SATELLITE COMPONENT FROM
    AMERICAN SOURCES.
        ``(a) Definitions.--In this section:
            ``(1) Covered element of the intelligence community.--The term
        `covered element of the intelligence community' means an element of
        the intelligence community that is not an element of the Department
        of Defense.
            ``(2) National security satellite.--The term `national security
        satellite' means a satellite weighing over 400 pounds whose
        principle purpose is to support the national security or
        intelligence needs of the United States Government.
            ``(3) United states.--The term `United States' means the
        several States, the District of Columbia, and the territories and
        possessions of the United States.
        ``(b) Requirement.--Beginning January 1, 2021, except as provided
    in subsection (c), a covered element of the intelligence community may
    not award a contract for a national security satellite if the satellite
    uses a star tracker that is not produced in the United States,
    including with respect to both the software and the hardware of the
    star tracker.
        ``(c) Exception.--The head of a covered element of the intelligence
    community may waive the requirement under subsection (b) if, on a case-
    by-case basis, the head certifies in writing to the congressional
    intelligence committees that--
            ``(1) there is no available star tracker produced in the United
        States that meets the mission and design requirements of the
        national security satellite for which the star tracker will be
        used;
            ``(2) the cost of a star tracker produced in the United States
        is unreasonable, based on a market survey; or
            ``(3) such waiver is necessary for the national security
        interests of the United States based on an urgent and compelling
        need.''.
        (b) Clerical Amendment.--The table of contents in the first section
    of the National Security Act of 1947 is amended by inserting after the
    item relating to section 1108 the following new item:

    ``Sec. 1109. Requirement to buy certain satellite component from
              American sources.''.
        SEC. 309. LIMITATION ON CONSTRUCTION OF FACILITIES TO BE USED
          PRIMARILY BY INTELLIGENCE COMMUNITY.
        Section 602(a)(2) of the Intelligence Authorization Act for Fiscal
    Year 1995 (50 U.S.C. 3304(a)(2)) is amended--
            (1) by striking `` $1,000,000'' both places it appears and
        inserting `` $2,000,000''; and
            (2) by striking ``the Director of National Intelligence shall
        submit a notification'' and inserting ``the head of such component,
        in coordination with and subject to the approval of the Director of
        National Intelligence, shall submit a notification''.
        SEC. 310. INTELLIGENCE COMMUNITY STUDENT LOAN REPAYMENT PROGRAMS.
        (a) Sense of Congress.--It is the sense of Congress that--
            (1) student loan repayment programs are a crucial tool in
        attracting and retaining talented individuals to the intelligence
        community, particularly individuals from diverse backgrounds;
            (2) generous student loan repayment programs help the
        intelligence community compete with the private sector for talented
        employees;
            (3) departments and agencies containing elements of the
        intelligence community have authority to establish student loan
        repayment programs either under section 5379 of title 5, United
        States Code, or under the delegable authority of the Director of
        National Intelligence under section 102A(n)(1) of the National
        Security Act of 1947 (50 U.S.C. 3024(n)(1));
            (4) although the Director should use the authority under such
        section 102A(n)(1) sparingly, and should be exceedingly sparing in
        delegating such authority to an element of the intelligence
        community, the Director should approve well-predicated requests for
        such authority in the student loan repayment context if an element
        of the intelligence community can articulate an impediment to
        establishing or enhancing a program under section 5379 of title 5,
        United States Code; and
            (5) student loan repayment programs established by an element
        of the intelligence community should provide flexibility to
        intelligence community employees, including employees who pursue
        loan-financed education in the middle of their careers or after the
        day on which they first become intelligence community employees.
        (b) Student Loan Repayment Program Standards.--Not later than 180
    days after the date of the enactment of this Act, the Director of
    National Intelligence, or a designee of the Director who is an employee
    of the Office of the Director of National Intelligence, shall establish
    minimum standards for the repayment of student loans of employees of
    elements of the intelligence community by such elements of the
    intelligence community.
        (c) Report.--Not later than 180 days after the date of the
    enactment of this Act, the Director shall submit to the appropriate
    congressional committees a report on the standards established under
    subsection (b). Such report shall include--
            (1) an explanation of why such minimum standards were
        established; and
            (2) how such standards advance the goals of--
                (A) attracting and retaining a talented intelligence
            community workforce;
                (B) competing with private sector companies for talented
            employees; and
                (C) promoting the development of a diverse workforce.
        (d) Failure To Meet Standards.--Not later than 180 days after the
    date on which the standards required under subsection (b) are
    established, the head of an element of the intelligence community that
    does not meet such standards shall submit to the appropriate
    congressional committees a report containing an explanation for why
    such element does not meet such standards and an identification of any
    additional authority or appropriations required to for the element to
    meet such standards.
        (e) Submittal of Regulations and Policies to Congress.--Not later
    than 180 days after the date on which the standards required under
    subsection (b) are established, the head of an element of the
    intelligence community shall submit to the appropriate congressional
    committees a copy of all internal regulations and policies governing
    the student loan repayment program of that element as well as copies of
    such policies redacted to remove classified information.
        (f) Appropriate Congressional Committees Defined.--In this section,
    the term ``appropriate congressional committees'' means--
            (1) the Permanent Select Committee on Intelligence of the House
        of Representatives;
            (2) the Select Committee on Intelligence of the Senate;
            (3) with respect to an element of the intelligence community
        within the Department of Defense, the Committees on Armed Services
        of the Senate and House of Representatives;
            (4) with respect to an element of the intelligence community
        within the Department of Justice, the Committees on the Judiciary
        of the Senate and House of Representatives;
            (5) with respect to an element of the intelligence community
        within the Department of Homeland Security, the Committee on
        Homeland Security and Governmental Affairs of the Senate and the
        Committee on Homeland Security of the House of Representatives;
            (6) with respect to an element of the intelligence community
        within the Department of State, the Committee on Foreign Relations
        of the Senate and the Committee on Foreign Affairs of the House of
        Representatives;
            (7) with respect to an element of the intelligence community
        within the Department of Energy, the Committee on Energy and
        Natural Resources of the Senate and the Committee on Energy and
        Commerce of the House of Representatives; and
            (8) with respect to an element of the intelligence community
        within the Department of the Treasury, the Committee on Finance of
        the Senate and the Committee on Financial Services of the House of
        Representatives.
        (g) Form of Reports.--Each of the reports required under
    subsections (c) and (d) shall be submitted in unclassified form, but
    may contain a classified annex.

      Subtitle B--Reports and Assessments Pertaining to the Intelligence
                                   Community

        SEC. 321. ASSESSMENT BY THE COMPTROLLER GENERAL OF THE UNITED
          STATES ON EFFORTS OF THE INTELLIGENCE COMMUNITY AND THE
          DEPARTMENT OF DEFENSE TO IDENTIFY AND MITIGATE RISKS POSED TO THE
          INTELLIGENCE COMMUNITY AND THE DEPARTMENT BY THE USE OF DIRECT-
          TO-CONSUMER GENETIC TESTING BY THE GOVERNMENT OF THE PEOPLE'S
          REPUBLIC OF CHINA.
        (a) Assessment Required.--The Comptroller General of the United
    States shall assess the efforts of the intelligence community and the
    Department of Defense to identify and mitigate the risks posed to the
    intelligence community and the Department by the use of direct-to-
    consumer genetic testing by the Government of the People's Republic of
    China.
        (b) Report Required.--
            (1) Definition of united states direct-to-consumer genetic
        testing company.--In this subsection, the term ``United States
        direct-to-consumer genetic testing company'' means a private entity
        that--
                (A) carries out direct-to-consumer genetic testing; and
                (B) is organized under the laws of the United States or any
            jurisdiction within the United States.
            (2) In general.--Not later than 180 days after the date of the
        enactment of this Act, the Comptroller General shall submit to
        Congress, including the congressional intelligence committees, the
        Committee on Armed Services of the Senate, and the Committee on
        Armed Services of the House of Representatives, a report on the
        assessment required by subsection (a).
            (3) Elements.--The report required by paragraph (2) shall
        include the following:
                (A) A description of key national security risks and
            vulnerabilities associated with direct-to-consumer genetic
            testing, including--
                    (i) how the Government of the People's Republic of
                China may be using data provided by personnel of the
                intelligence community and the Department through direct-
                to-consumer genetic tests; and
                    (ii) how ubiquitous technical surveillance may amplify
                those risks.
                (B) An assessment of the extent to which the intelligence
            community and the Department have identified risks and
            vulnerabilities posed by direct-to-consumer genetic testing and
            have sought to mitigate such risks and vulnerabilities, or have
            plans for such mitigation, including the extent to which the
            intelligence community has determined--
                    (i) in which United States direct-to-consumer genetic
                testing companies the Government of the People's Republic
                of China or entities owned or controlled by the Government
                of the People's Republic of China have an ownership
                interest; and
                    (ii) which United States direct-to-consumer genetic
                testing companies may have sold data to the Government of
                the People's Republic of China or entities owned or
                controlled by the Government of the People's Republic of
                China.
                (C) Such recommendations as the Comptroller General may
            have for action by the intelligence community and the
            Department to improve the identification and mitigation of
            risks and vulnerabilities posed by the use of direct-to-
            consumer genetic testing by the Government of the People's
            Republic of China.
            (4) Form.--The report required by paragraph (2) shall be
        submitted in unclassified form, but may include a classified annex.
        (c) Cooperation.--The heads of relevant elements of the
    intelligence community and components of the Department shall--
            (1) fully cooperate with the Comptroller General in conducting
        the assessment required by subsection (a); and
            (2) provide any information and data required by the
        Comptroller General to conduct the assessment, consistent with
        Intelligence Community Directive 114 or successor directive.
        SEC. 322. REPORT ON USE BY INTELLIGENCE COMMUNITY OF HIRING
          FLEXIBILITIES AND EXPEDITED HUMAN RESOURCES PRACTICES TO ASSURE
          QUALITY AND DIVERSITY IN THE WORKFORCE OF THE INTELLIGENCE
          COMMUNITY.
        (a) In General.--Not later than 180 days after the date of the
    enactment of this Act, the Director of National Intelligence shall
    submit to the congressional intelligence committees a report on how
    elements of the intelligence community are exercising hiring
    flexibilities and expedited human resources practices afforded under
    section 3326 of title 5, United States Code, and subpart D of part 315
    of title 5, Code of Federal Regulations, or successor regulation, to
    assure quality and diversity in the workforce of the intelligence
    community.
        (b) Obstacles.--The report submitted under subsection (a) shall
    include identification of any obstacles encountered by the intelligence
    community in exercising the authorities described in such subsection.
        SEC. 323. REPORT ON SIGNALS INTELLIGENCE PRIORITIES AND
          REQUIREMENTS.
        (a) Report Required.--Not later than 30 days after the date of the
    enactment of this Act, the Director of National Intelligence shall
    submit to the congressional intelligence committees, the majority and
    minority leaders of the Senate, and the Speaker and minority leader of
    the House of Representatives a report on signals intelligence
    priorities and requirements subject to Presidential Policy Directive
    28.
        (b) Elements.--The report required by subsection (a) shall cover
    the following:
            (1) The implementation of the annual process for advising the
        Director on signals intelligence priorities and requirements
        described in section 3 of Presidential Policy Directive 28.
            (2) The signals intelligence priorities and requirements as of
        the most recent annual process.
            (3) The application of such priorities and requirements to the
        signals intelligence collection efforts of the intelligence
        community.
        (c) Contents of Classified Annex Referenced in Section 3 of
    Presidential Policy Directive 28.--Not later than 30 days after the
    date of the enactment of this Act, in addition to the report submitted
    under subsection (a), the Director shall submit to the chairmen and
    ranking minority members of the congressional intelligence committees,
    the majority and minority leaders of the Senate, and the Speaker and
    minority leader of the House of Representatives the contents of the
    classified annex referenced in section 3 of Presidential Policy
    Directive 28.
        (d) Form.--The report submitted under subsection (a) shall be
    submitted in unclassified form, but may include a classified annex.
        SEC. 324. ASSESSMENT OF DEMAND FOR STUDENT LOAN REPAYMENT PROGRAM
          BENEFIT.
        (a) In General.--Not later than 90 days after the date of the
    enactment of this Act, the head of each element of the intelligence
    community shall--
            (1) calculate the number of personnel of that element who
        qualify for a student loan repayment program benefit;
            (2) compare the number calculated under paragraph (1) to the
        number of personnel who apply for such a benefit;
            (3) provide recommendations for how to structure such a program
        to optimize participation and enhance the effectiveness of the
        benefit as a retention tool, including with respect to the amount
        of the benefit offered and the length of time an employee receiving
        a benefit is required to serve under a continuing service
        agreement; and
            (4) identify any shortfall in funds or authorities needed to
        provide such a benefit.
        (b) Inclusion in Fiscal Year 2022 Budget Submission.--The Director
    of National Intelligence shall include in the budget justification
    materials submitted to Congress in support of the budget for the
    intelligence community for fiscal year 2022 (as submitted with the
    budget of the President under section 1105(a) of title 31, United
    States Code) a report on the findings of the elements of the
    intelligence community under subsection (a).
        SEC. 325. ASSESSMENT OF INTELLIGENCE COMMUNITY DEMAND FOR CHILD
          CARE.
        (a) In General.--Not later than 180 days after the date of the
    enactment of this Act, the Director of National Intelligence, in
    coordination with the heads of the elements of the intelligence
    community specified in subsection (b), shall submit to the
    congressional intelligence committees a report that includes--
            (1) a calculation of the total annual demand for child care by
        employees of such elements, at or near the workplaces of such
        employees, including a calculation of the demand for early morning
        and evening child care;
            (2) an identification of any shortfall between the demand
        calculated under paragraph (1) and the child care supported by such
        elements as of the date of the report;
            (3) an assessment of options for addressing any such shortfall,
        including options for providing child care at or near the
        workplaces of employees of such elements;
            (4) an identification of the advantages, disadvantages,
        security requirements, and costs associated with each such option;
            (5) a plan to meet, by the date that is 5 years after the date
        of the report--
                (A) the demand calculated under paragraph (1); or
                (B) an alternative standard established by the Director for
            child care available to employees of such elements; and
            (6) an assessment of needs of specific elements of the
        intelligence community, including any Government-provided child
        care that could be collocated with a workplace of employees of such
        an element and any available child care providers in the proximity
        of such a workplace.
        (b) Elements Specified.--The elements of the intelligence community
    specified in this subsection are the following:
            (1) The Central Intelligence Agency.
            (2) The National Security Agency.
            (3) The Defense Intelligence Agency.
            (4) The National Geospatial-Intelligence Agency.
            (5) The National Reconnaissance Office.
            (6) The Office of the Director of National Intelligence.
        SEC. 326. OPEN SOURCE INTELLIGENCE STRATEGIES AND PLANS FOR THE
          INTELLIGENCE COMMUNITY.
        (a) Requirement for Survey and Evaluation of Customer Feedback.--
    Not later than 90 days after the date of the enactment of this Act, the
    Director of National Intelligence, in coordination with the head of
    each element of the intelligence community, shall--
            (1) conduct a survey of the open source intelligence
        requirements, goals, monetary and property investments, and
        capabilities for each element of the intelligence community; and
            (2) evaluate the usability and utility of the Open Source
        Enterprise by soliciting customer feedback and evaluating such
        feedback.
        (b) Requirement for Overall Strategy and for Intelligence
    Community, Plan for Improving Usability of Open Source Enterprise, and
    Risk Analysis of Creating Open Source Center.--Not later than 180 days
    after the date of the enactment of this Act, the Director, in
    coordination with the head of each element of the intelligence
    community and using the findings of the Director with respect to the
    survey conducted under subsection (a), shall--
            (1) develop a strategy for open source intelligence collection,
        analysis, and production that defines the overarching goals, roles,
        responsibilities, and processes for such collection, analysis, and
        production for the intelligence community;
            (2) develop a plan for improving usability and utility of the
        Open Source Enterprise based on the customer feedback solicited
        under subsection (a)(2); and
            (3) conduct a risk and benefit analysis of creating an open
        source center independent of any current intelligence community
        element.
        (c) Requirement for Plan for Centralized Data Repository.--Not
    later than 270 days after the date of the enactment of this Act and
    using the findings of the Director with respect to the survey and
    evaluation conducted under subsection (a), the strategy and plan
    developed under subsection (b), and the risk and benefit analysis
    conducted under such subsection, the Director shall develop a plan for
    a centralized data repository of open source intelligence that enables
    all elements of the intelligence community--
            (1) to use such repository for their specific requirements; and
            (2) to derive open source intelligence advantages.
        (d) Requirement for Cost-sharing Model.--Not later than 1 year
    after the date of the enactment of this Act and using the findings of
    the Director with respect to the survey and evaluation conducted under
    subsection (a), the strategy and plan developed under subsection (b),
    the risk and benefit analysis conducted under such subsection, and the
    plan developed under subsection (c), the Director shall develop a cost-
    sharing model that leverages the open source intelligence investments
    of each element of the intelligence community for the beneficial use of
    the entire intelligence community.
        (e) Congressional Briefing.--Not later than 1 year after the date
    of the enactment of this Act, the Director of National Intelligence,
    the Director of the Central Intelligence Agency, the Director of the
    Defense Intelligence Agency, the Director of the National Geospatial-
    Intelligence Agency, and the Director of the National Security Agency
    shall jointly brief the congressional intelligence committees on--
            (1) the strategy developed under paragraph (1) of subsection
        (b);
            (2) the plan developed under paragraph (2) of such subsection;
            (3) the plan developed under subsection (c); and
            (4) the cost-sharing model developed under subsection (d).

      TITLE IV--MATTERS RELATING TO ELEMENTS OF THE INTELLIGENCE COMMUNITY

        SEC. 401. ESTABLISHMENT OF OFFICE OF THE OMBUDSMAN FOR ANALYTIC
          OBJECTIVITY.
        (a) Office of the Ombudsman for Analytic Objectivity.--The Central
    Intelligence Agency Act of 1949 (50 U.S.C. 3501 et seq.) is amended by
    adding at the end the following:
      ``SEC. 24. OFFICE OF THE OMBUDSMAN FOR ANALYTIC OBJECTIVITY.
        ``(a) Establishment.--
            ``(1) In general.--There is established in the Agency an Office
        of the Ombudsman for Analytic Objectivity (in this section referred
        to as the `Office').
            ``(2) Appointment of ombudsman.--The Office shall be headed by
        an Ombudsman, who shall be appointed by the Director from among
        current or former senior staff officers of the Agency.
        ``(b) Duties and Responsibilities.--The Ombudsman shall--
            ``(1) on an annual basis, conduct a survey of analytic
        objectivity among officers and employees of the Agency;
            ``(2) implement a procedure by which any officer or employee of
        the Agency may submit to the Office a complaint alleging
        politicization, bias, lack of objectivity, or other issues relating
        to a failure of tradecraft in analysis conducted by the Agency;
            ``(3) except as provided in paragraph (4), upon receiving a
        complaint submitted pursuant to paragraph (2), take reasonable
        action to investigate the complaint, make a determination as to
        whether the incident described in the complaint involved
        politicization, bias, or lack of objectivity, and prepare a report
        that--
                ``(A) summarizes the facts relevant to the complaint;
                ``(B) documents the determination of the Ombudsman with
            respect to the complaint; and
                ``(C) contains a recommendation for remedial action;
            ``(4) if a complaint submitted pursuant to paragraph (2)
        alleges politicization, bias, or lack of objectivity in the
        collection of intelligence information, refer the complaint to the
        official responsible for supervising collection operations of the
        Agency; and
            ``(5) continuously monitor changes in areas of analysis that
        the Ombudsman determines involve a heightened risk of
        politicization, bias, or lack of objectivity, to ensure that any
        change in the analytic line arises from proper application of
        analytic tradecraft and not as a result of politicization, bias, or
        lack of objectivity.
        ``(c) Reports.--(1) On an annual basis, the Ombudsman shall submit
    to the intelligence committees a report on the results of the survey
    conducted pursuant to subsection (b)(1) with respect to the most recent
    fiscal year.
        ``(2) On an annual basis, the Ombudsman shall submit to the
    intelligence committees a report that includes--
            ``(A) the number of complaints of submitted pursuant to
        subsection (b)(2) during the most recent fiscal year; and
            ``(B) a description of the nature of such complaints, the
        actions taken by the Office or any other relevant element or
        component of the Agency with respect to such complaints, and the
        resolution of such complaints.
        ``(3) On a quarterly basis, the Ombudsman shall submit to the
    intelligence committees a report that includes--
            ``(A) a list of the areas of analysis monitored during the most
        recent calendar quarter pursuant to subsection (b)(5); and
            ``(B) a brief description of the methods by which the Office
        has conducted such monitoring.
        ``(d) Intelligence Committees Defined.--In this section, the term
    `intelligence committees' means the Permanent Select Committee on
    Intelligence of the House of Representatives and the Select Committee
    on Intelligence of the Senate.''.
        (b) Reference.--Any reference in any law, regulation, map,
    document, paper, or other record of the United States to the Ombudsman
    for Analytic and Collection Objectivity of the Central Intelligence
    Agency shall be deemed to be a reference to the Office of the Ombudsman
    for Analytic Objectivity of the Central Intelligence Agency established
    by section 24(a) of the Central Intelligence Agency Act of 1949 (50
    U.S.C. 3501 et seq.), as added by subsection (a).
        (c) Report on Surveys for Fiscal Years 2018 and 2019.--Not later
    than 10 days after the date of the enactment of this Act, the Director
    of the Central Intelligence Agency shall submit to the congressional
    intelligence committees any reports previously prepared by the
    Ombudsman for Analytic and Collection Objectivity with respect to the
    surveys of analytic objectivity conducted for fiscal years 2018 and
    2019.
        SEC. 402. EXPANSION OF PERSONNEL MANAGEMENT AUTHORITY TO ATTRACT
          EXPERTS IN SCIENCE AND ENGINEERING.
        Section 1599h of title 10, United States Code, is amended--
            (1) in subsection (a), by adding at the end the following new
        paragraph:
            ``(7) NGA.--The Director of the National Geospatial-
        Intelligence Agency may carry out a program of personnel management
        authority provided in subsection (b) in order to facilitate
        recruitment of eminent experts in science or engineering for
        research and development projects and to enhance the administration
        and management of the Agency.'';
            (2) in subsection (b)(1)--
                (A) in subparagraph (E), by striking ``; and'';
                (B) in subparagraph (F), by striking the semicolon and
            inserting ``; and''; and
                (C) by adding at the end the following new subparagraph:
                ``(G) in the case of the National Geospatial-Intelligence
            Agency, appoint individuals to a total of not more than 7
            positions in the Agency, of which not more than 2 such
            positions may be positions of administration or management in
            the Agency;''; and
            (3) in subsection (c)(2), by striking ``or the Joint Artificial
        Intelligence Center'' and inserting ``the Joint Artificial
        Intelligence Center, or the National Geospatial-Intelligence
        Agency''.
        SEC. 403. SENIOR CHIEF PETTY OFFICER SHANNON KENT AWARD FOR
          DISTINGUISHED FEMALE PERSONNEL OF THE NATIONAL SECURITY AGENCY.
        The National Security Agency Act of 1959 (50 U.S.C. 3601 et seq.)
    is amended by adding at the end the following new section:
      ``SEC. 21. SENIOR CHIEF PETTY OFFICER SHANNON KENT AWARD FOR
          DISTINGUISHED FEMALE PERSONNEL.
        ``(a) Establishment.--The Director of the National Security Agency
    shall establish an honorary award for the recognition of female
    personnel of the National Security Agency for distinguished career
    contributions in support of the mission of the Agency as civilian
    employees or members of the Armed Forces assigned to the Agency. The
    award shall be known as the `Senior Chief Petty Officer Shannon Kent
    Award' and shall consist of a design determined appropriate by the
    Director.
        ``(b) Award.--The Director shall award the Senior Chief Petty
    Officer Shannon Kent Award to female civilian employees, members of the
    Armed Forces, or former civilian employees or members, whom the
    Director determines meet the criteria under subsection (a).''.
        SEC. 404. DEPARTMENT OF HOMELAND SECURITY INTELLIGENCE AND
          CYBERSECURITY DIVERSITY FELLOWSHIP PROGRAM.
        (a) Program.--Subtitle D of title XIII of the Homeland Security Act
    of 2002 (5 U.S.C. 3301 note et seq.) is amended by adding at the end
    the following new section:
    ``SEC. 1333. INTELLIGENCE AND CYBERSECURITY DIVERSITY FELLOWSHIP
    PROGRAM.
        ``(a) Definitions.--In this section:
            ``(1) Appropriate committees of congress.--The term
        `appropriate committees of Congress' means--
                ``(A) the Committee on Homeland Security and Governmental
            Affairs and the Select Committee on Intelligence of the Senate;
            and
                ``(B) the Committee on Homeland Security and the Permanent
            Select Committee on Intelligence of the House of
            Representatives.
            ``(2) Excepted service.--The term `excepted service' has the
        meaning given that term in section 2103 of title 5, United States
        Code.
            ``(3) Historically black college or university.--The term
        `historically Black college or university' has the meaning given
        the term `part B institution' in section 322 of the Higher
        Education Act of 1965 (20 U.S.C. 1061).
            ``(4) Institution of higher education.--The term `institution
        of higher education' has the meaning given that term in section 101
        of the Higher Education Act of 1965 (20 U.S.C. 1001).
            ``(5) Minority-serving institution.--The term `minority-serving
        institution' means an institution of higher education described in
        section 371(a) of the Higher Education Act of 1965 (20 U.S.C.
        1067q(a)).
        ``(b) Program.--The Secretary shall carry out an intelligence and
    cybersecurity diversity fellowship program (in this section referred to
    as the `Program') under which an eligible individual may--
            ``(1) participate in a paid internship at the Department that
        relates to intelligence, cybersecurity, or some combination
        thereof;
            ``(2) receive tuition assistance from the Secretary; and
            ``(3) upon graduation from an institution of higher education
        and successful completion of the Program (as defined by the
        Secretary), receive an offer of employment to work in an
        intelligence or cybersecurity position of the Department that is in
        the excepted service.
        ``(c) Eligibility.--To be eligible to participate in the Program,
    an individual shall--
            ``(1) be a citizen of the United States; and
            ``(2) as of the date of submitting the application to
        participate in the Program--
                ``(A) have a cumulative grade point average of at least 3.2
            on a 4.0 scale;
                ``(B) be a socially disadvantaged individual (as that term
            in defined in section 124.103 of title 13, Code of Federal
            Regulations, or successor regulation); and
                ``(C) be a sophomore, junior, or senior at an institution
            of higher education.
        ``(d) Direct Hire Authority.--If an individual who receives an
    offer of employment under subsection (b)(3) accepts such offer, the
    Secretary shall appoint, without regard to provisions of subchapter I
    of chapter 33 of title 5, United States Code, (except for section 3328
    of such title) such individual to the position specified in such offer.
        ``(e) Reports.--
            ``(1) Reports.--Not later than 1 year after the date of the
        enactment of this section, and on an annual basis thereafter, the
        Secretary shall submit to the appropriate committees of Congress a
        report on the Program.
            ``(2) Matters.--Each report under paragraph (1) shall include,
        with respect to the most recent year, the following:
                ``(A) A description of outreach efforts by the Secretary to
            raise awareness of the Program among institutions of higher
            education in which eligible individuals are enrolled.
                ``(B) Information on specific recruiting efforts conducted
            by the Secretary to increase participation in the Program.
                ``(C) The number of individuals participating in the
            Program, listed by the institution of higher education in which
            the individual is enrolled at the time of participation, and
            information on the nature of such participation, including on
            whether the duties of the individual under the Program relate
            primarily to intelligence or to cybersecurity.
                ``(D) The number of individuals who accepted an offer of
            employment under the Program and an identification of the
            element within the Department to which each individual was
            appointed.''.
        (b) Clerical Amendment.--The table of contents for such Act is
    amended by inserting after the item relating to section 1332 the
    following new item:

    ``Sec. 1333. Intelligence and cybersecurity diversity fellowship
              program.''.
        SEC. 405. CLIMATE SECURITY ADVISORY COUNCIL.
        (a) Study on Advisory Council Model for Strategic or Transnational
    Threats.--
            (1) Study required.--The Director of National Intelligence, in
        coordination with the heads of other elements of the intelligence
        community determined appropriate by the Director, shall conduct a
        study on the effectiveness of the Climate Security Advisory Council
        as a potential model for future advisory councils that--
                (A) focus on optimizing the collection and analysis of
            intelligence relating to strategic or transnational threats to
            the national security of the United States (including threats
            posed by disease outbreaks, pandemics, or other global health
            threats); and
                (B) are composed of elements of the intelligence community
            and relevant elements of the Federal Government that are not
            elements of the intelligence community.
            (2) Report.--Not later than 1 year after the date of the
        enactment of this Act, the Director shall submit to the
        congressional intelligence committees a report containing the
        findings of the study under paragraph (1).
        (b) Technical Correction.--Section 120(c)(4) of the National
    Security Act of 1947 (50 U.S.C. 3060(c)(4)) is amended by striking
    ``security indicators'' and inserting ``intelligence indications''.

               TITLE V--MATTERS RELATING TO EMERGING TECHNOLOGIES

        SEC. 501. REQUIREMENTS AND AUTHORITIES FOR DIRECTOR OF THE CENTRAL
          INTELLIGENCE AGENCY TO IMPROVE EDUCATION IN SCIENCE, TECHNOLOGY,
          ENGINEERING, ARTS, AND MATHEMATICS.
        The Central Intelligence Agency Act of 1949 (50 U.S.C. 3501 et
    seq.), as amended by section 401, is further amended by adding at the
    end the following:
      ``SEC. 25. IMPROVEMENT OF EDUCATION IN SCIENCE, TECHNOLOGY,
          ENGINEERING, ARTS, AND MATHEMATICS.
        ``(a) Definitions.--In this section:
            ``(1) Eligible entity.--The term `eligible entity' includes a
        department or agency of the Federal Government, a State, a
        political subdivision of a State, an individual, and a not-for-
        profit or other organization in the private sector.
            ``(2) Educational institution.--The term `educational
        institution' includes any public or private elementary school or
        secondary school, institution of higher education, college,
        university, or any other profit or nonprofit institution that is
        dedicated to improving science, technology, engineering, the arts,
        mathematics, business, law, medicine, or other fields that promote
        development and education relating to science, technology,
        engineering, the arts, or mathematics.
            ``(3) State.--The term `State' means each of the several
        States, the District of Columbia, the Commonwealth of Puerto Rico,
        the Commonwealth of the Northern Mariana Islands, and any other
        territory or possession of the United States.
        ``(b) Requirements.--The Director shall, on a continuing basis--
            ``(1) identify actions that the Director may take to improve
        education in the scientific, technology, engineering, arts, and
        mathematics (known as `STEAM') skills necessary to meet the long-
        term national security needs of the United States for personnel
        proficient in such skills; and
            ``(2) establish and conduct programs to carry out such actions.
        ``(c) Authorities.--
            ``(1) In general.--The Director, in support of educational
        programs in science, technology, engineering, the arts, and
        mathematics, may--
                ``(A) award grants to eligible entities;
                ``(B) provide cash awards and other items to eligible
            entities;
                ``(C) accept voluntary services from eligible entities;
                ``(D) support national competition judging, other
            educational event activities, and associated award ceremonies
            in connection with such educational programs; and
                ``(E) enter into one or more education partnership
            agreements with educational institutions in the United States
            for the purpose of encouraging and enhancing study in science,
            technology, engineering, the arts, and mathematics disciplines
            at all levels of education.
            ``(2) Education partnership agreements.--
                ``(A) Nature of assistance provided.--Under an education
            partnership agreement entered into with an educational
            institution under paragraph (1)(E), the Director may provide
            assistance to the educational institution by--
                    ``(i) loaning equipment to the educational institution
                for any purpose and duration in support of such agreement
                that the Director considers appropriate;
                    ``(ii) making personnel available to teach science
                courses or to assist in the development of science courses
                and materials for the educational institution;
                    ``(iii) providing sabbatical opportunities for faculty
                and internship opportunities for students;
                    ``(iv) involving faculty and students of the
                educational institution in Agency projects, including
                research and technology transfer or transition projects;
                    ``(v) cooperating with the educational institution in
                developing a program under which students may be given
                academic credit for work on Agency projects, including
                research and technology transfer for transition projects;
                and
                    ``(vi) providing academic and career advice and
                assistance to students of the educational institution.
                ``(B) Priorities.--In entering into education partnership
            agreements under paragraph (1)(E), the Director shall
            prioritize entering into education partnership agreements with
            the following:
                    ``(i) Historically Black colleges and universities and
                other minority-serving institutions, as described in
                section 371(a) of the Higher Education Act of 1965 (20
                U.S.C. 1067q(a)).
                    ``(ii) Educational institutions serving women, members
                of minority groups, and other groups of individuals who
                traditionally are involved in the science, technology,
                engineering, arts, and mathematics professions in
                disproportionately low numbers.
        ``(d) Designation of Advisor.--The Director shall designate one or
    more individuals within the Agency to advise and assist the Director
    regarding matters relating to science, technology, engineering, the
    arts, and mathematics education and training.''.
        SEC. 502. SEEDLING INVESTMENT IN NEXT-GENERATION MICROELECTRONICS
          IN SUPPORT OF ARTIFICIAL INTELLIGENCE.
        (a) Findings.--Congress finds that--
            (1) developing faster, more energy efficient, and more
        resilient computing is important to the future of the national
        security of the United States and the leadership by the United
        States in artificial intelligence; and
            (2) multidisciplinary teams co-designing microelectronics for
        artificial intelligence will lead to unprecedented capabilities
        that will help ensure that the United States maintains its
        superiority in this worldwide competition for economic and national
        security.
        (b) Awards for Research and Development.--The Director of National
    Intelligence, acting through the Director of the Intelligence Advanced
    Research Projects Activity, shall award contracts or grants, or enter
    into transactions other than contracts, to encourage microelectronics
    research.
        (c) Use of Funds.--The Director shall award contracts or grants to,
    or enter into transactions other than contracts with, entities under
    subsection (b) to carry out any of the following:
            (1) Advanced engineering and applied research into novel
        computing models, materials, devices, architectures, or algorithms
        to enable the advancement of artificial intelligence and machine
        learning.
            (2) Research efforts to--
                (A) overcome challenges with engineering and applied
            research of microelectronics, including with respect to the
            physical limits on transistors, electrical interconnects, and
            memory elements; or
                (B) promote long-term advancements in computing
            technologies, including by fostering a unified and
            multidisciplinary approach encompassing research and
            development into algorithm design, computing architectures,
            microelectronic devices and circuits, and the chemistry and
            physics of new materials.
            (3) Any other activity the Director determines would promote
        the development of microelectronics research.
        (d) Award Amounts.--In awarding contracts or grants, or entering
    into transactions other than contracts, under subsection (b), the
    Director may award not more than a total of $15,000,000.

                      TITLE VI--REPORTS AND OTHER MATTERS

        SEC. 601. REPORT ON ATTEMPTS BY FOREIGN ADVERSARIES TO BUILD
          TELECOMMUNICATIONS AND CYBERSECURITY EQUIPMENT AND SERVICES FOR,
          OR TO PROVIDE SUCH EQUIPMENT AND SERVICES TO, CERTAIN ALLIES OF
          THE UNITED STATES.
        (a) Definitions.--In this section:
            (1) Appropriate committees of congress.--The term ``appropriate
        committees of Congress'' means--
                (A) the Committee on Armed Services and the Select
            Committee on Intelligence of the Senate; and
                (B) the Committee on Armed Services and the Permanent
            Select Committee on Intelligence of the House of
            Representatives.
            (2) Five eyes country.--The term ``Five Eyes country'' means
        any of the following:
                (A) Australia.
                (B) Canada.
                (C) New Zealand.
                (D) The United Kingdom.
                (E) The United States.
        (b) Report Required.--Not later than 90 days after the date of the
    enactment of this Act, the Director of the Central Intelligence Agency,
    the Director of the National Security Agency, and the Director of the
    Defense Intelligence Agency shall jointly submit to the appropriate
    committees of Congress a report on attempts by foreign adversaries to
    build telecommunications and cybersecurity equipment and services for,
    or to provide such equipment and services to, Five Eyes countries.
        (c) Elements.--The report submitted under subsection (b) shall
    include the following:
            (1) An assessment of United States intelligence sharing and
        intelligence and military force posture in any Five Eyes country
        that currently uses or intends to use telecommunications or
        cybersecurity equipment or services provided by a foreign adversary
        of the United States, including China and Russia.
            (2) A description and assessment of mitigation of any potential
        compromises or risks for any circumstance described in paragraph
        (1).
        (d) Form.--The report required by subsection (b) shall include an
    unclassified executive summary, and may include a classified annex.
        SEC. 602. REPORT ON THREATS POSED BY USE BY FOREIGN GOVERNMENTS AND
          ENTITIES OF COMMERCIALLY AVAILABLE CYBER INTRUSION AND
          SURVEILLANCE TECHNOLOGY.
        (a) Report Required.--Not later than 180 days after the date of the
    enactment of this Act, the Director of National Intelligence shall
    submit to the congressional intelligence committees, the Committee on
    Homeland Security and Governmental Affairs of the Senate, and the
    Committee on Homeland Security of the House of Representatives a report
    on the threats posed by the use by foreign governments and entities of
    commercially available cyber intrusion and other surveillance
    technology.
        (b) Contents.--The report required by subsection (a) shall include
    the following:
            (1) Matters relating to threats described in subsection (a) as
        they pertain to the following:
                (A) The threat posed to United States persons and persons
            inside the United States.
                (B) The threat posed to United States personnel overseas.
                (C) The threat posed to employees of the Federal
            Government, including through both official and personal
            accounts and devices.
            (2) A description of which foreign governments and entities
        pose the greatest threats from the use of technology described in
        subsection (a) and the nature of those threats.
            (3) An assessment of the source of the commercially available
        cyber intrusion and other surveillance technology that poses the
        threats described in subsection (a), including whether such
        technology is made by United States companies or companies in the
        United States or by foreign companies.
            (4) An assessment of actions taken, as of the date of the
        enactment of this Act, by the Federal Government and foreign
        governments to limit the export of technology described in
        subsection (a) from the United States or foreign countries to
        foreign governments and entities in ways that pose the threats
        described in such subsection.
            (5) Matters relating to how the Federal Government, Congress,
        and foreign governments can most effectively mitigate the threats
        described in subsection (a), including matters relating to the
        following:
                (A) Working with the technology and telecommunications
            industry to identify and improve the security of consumer
            software and hardware used by United States persons and persons
            inside the United States that is targeted by commercial cyber
            intrusion and surveillance software.
                (B) Export controls.
                (C) Diplomatic pressure.
                (D) Trade agreements.
        (c) Form.--The report submitted under subsection (a) shall be
    submitted in unclassified form, but may include a classified annex.
        SEC. 603. REPORTS ON RECOMMENDATIONS OF THE CYBERSPACE SOLARIUM
          COMMISSION.
        (a) Appropriate Committees of Congress.--In this section, the term
    ``appropriate committees of Congress'' means--
            (1) the Committee on Armed Services, the Select Committee on
        Intelligence, the Committee on Homeland Security and Governmental
        Affairs, the Committee on Commerce, Science, and Transportation,
        and the Committee on Energy and Natural Resources of the Senate;
        and
            (2) the Committee on Armed Services, the Permanent Select
        Committee on Intelligence, the Committee on Homeland Security, the
        Committee on Science, Space, and Technology, and the Committee on
        Energy and Commerce of the House of Representatives.
        (b) Reports Required.--Not later than 180 days after the date of
    the enactment of this Act, each head of an agency described in
    subsection (c) shall submit to the appropriate committees of Congress a
    report on the recommendations included in the report issued by the
    Cyberspace Solarium Commission under section 1652(k) of the John S.
    McCain National Defense Authorization Act for Fiscal Year 2019 (Public
    Law 115-232).
        (c) Agencies Described.--The agencies described in this subsection
    are the following:
            (1) The Office of the Director of National Intelligence.
            (2) The Department of Homeland Security.
            (3) The Department of Energy.
            (4) The Department of Commerce.
            (5) The Department of Defense.
        (d) Contents.--Each report submitted under subsection (b) by the
    head of an agency described in subsection (c) shall include the
    following:
            (1) An evaluation of the recommendations in the report
        described in subsection (b) that the agency identifies as
        pertaining directly to the agency.
            (2) A description of the actions taken, or the actions that the
        head of the agency may consider taking, to implement any of the
        recommendations (including a comprehensive estimate of requirements
        for appropriations to take such actions).
        SEC. 604. ASSESSMENT OF CRITICAL TECHNOLOGY TRENDS RELATING TO
          ARTIFICIAL INTELLIGENCE, MICROCHIPS, AND SEMICONDUCTORS AND
          RELATED SUPPLY CHAINS.
        (a) Assessment Required.--Not later than 180 days after the date of
    the enactment of this Act, the Director of National Intelligence shall
    complete a detailed assessment of critical technology trends relating
    to artificial intelligence, microchips, and semiconductors and related
    supply chains.
        (b) Elements.--The assessment required by subsection (a) shall
    include the following:
            (1) Export controls.--
                (A) In general.--An assessment of efforts by partner
            countries to enact and implement export controls and other
            technology transfer measures with respect to artificial
            intelligence, microchips, advanced manufacturing equipment, and
            other artificial intelligence enabled technologies critical to
            United States supply chains.
                (B) Identification of opportunities for cooperation.--The
            assessment under subparagraph (A) shall identify opportunities
            for further cooperation with international partners on a
            multilateral and bilateral basis to strengthen export control
            regimes and address technology transfer threats.
            (2) Semiconductor supply chains.--
                (A) In general.--An assessment of global semiconductor
            supply chains, including areas to reduce United States
            vulnerabilities and maximize points of leverage.
                (B) Analysis of potential effects.--The assessment under
            subparagraph (A) shall include an analysis of the potential
            effects of significant geopolitical shifts, including those
            related to Taiwan.
                (C) Identification of opportunities for diversification.--
            The assessment under subparagraph (A) shall also identify
            opportunities for diversification of United States supply
            chains, including an assessment of cost, challenges, and
            opportunities to diversify manufacturing capabilities on a
            multinational basis.
            (3) Computing power.--An assessment of trends relating to
        computing power and the effect of such trends on global artificial
        intelligence development and implementation, in consultation with
        the Director of the Intelligence Advanced Research Projects
        Activity, the Director of the Defense Advanced Research Projects
        Agency, and the Director of the National Institute of Standards and
        Technology, including forward-looking assessments of how computing
        resources may affect United States national security, innovation,
        and implementation relating to artificial intelligence.
        (c) Report.--
            (1) Definition of appropriate committees of congress.--In this
        subsection, the term ``appropriate committees of Congress'' means--
                (A) the Select Committee on Intelligence, the Committee on
            Armed Services, the Committee on Banking, Housing, and Urban
            Affairs, the Committee on Foreign Relations, and the Committee
            on Homeland Security and Governmental Affairs of the Senate;
            and
                (B) the Permanent Select Committee on Intelligence, the
            Committee on Armed Services, the Committee on Financial
            Services, the Committee on Foreign Affairs, and the Committee
            on Homeland Security of the House of Representatives.
            (2) In general.--Not later than 180 days after the date of the
        enactment of this Act, the Director shall submit to the appropriate
        committees of Congress a report on the findings of the Director
        with respect to the assessment completed under subsection (a).
            (3) Form.--The report submitted under paragraph (2) shall be
        submitted in unclassified form, but may include a classified annex.
        SEC. 605. COMBATING CHINESE INFLUENCE OPERATIONS IN THE UNITED
          STATES AND STRENGTHENING CIVIL LIBERTIES PROTECTIONS.
        (a) Updates to Annual Reports on Influence Operations and Campaigns
    in the United States by the Chinese Communist Party.--Section 1107(b)
    of the National Security Act of 1947 (50 U.S.C. 3237(b)) is amended--
            (1) by redesignating paragraph (8) as paragraph (9); and
            (2) by inserting after paragraph (7) the following:
            ``(8) An identification of influence activities and operations
        employed by the Chinese Communist Party against the United States
        science and technology sectors, specifically employees of the
        United States Government, researchers, scientists, and students in
        the science and technology sector in the United States.''.
        (b) Plan for Federal Bureau of Investigation to Increase Public
    Awareness and Detection of Influence Activities by the Government of
    the People's Republic of China.--
            (1) Plan required.--Not later than 90 days after the date of
        the enactment of this Act, the Director of the Federal Bureau of
        Investigation shall submit to the congressional intelligence
        committees a plan to increase public awareness of influence
        activities by the Government of the People's Republic of China.
            (2) Consultation.--In carrying out paragraph (1), the Director
        shall consult with the following:
                (A) The Director of the Office of Science and Technology
            Policy.
                (B) Such other stakeholders outside the intelligence
            community, including professional associations, institutions of
            higher education, businesses, and civil rights and
            multicultural organizations, as the Director determines
            relevant.
        (c) Recommendations of the Federal Bureau of Investigation to
    Strengthen Relationships and Build Trust With Communities of
    Interest.--
            (1) In general.--The Director of the Federal Bureau of
        Investigation, in consultation with the Assistant Attorney General
        for the Civil Rights Division and the Chief Privacy and Civil
        Liberties Officer of the Department of Justice, shall develop
        recommendations to strengthen relationships with communities
        targeted by influence activities of the Government of the People's
        Republic of China and build trust with such communities through
        local and regional grassroots outreach.
            (2) Submittal to congress.--Not later than 1 year after the
        date of the enactment of this Act, the Director shall submit to
        Congress the recommendations developed under paragraph (1).
        (d) Technical Corrections.--The National Security Act of 1947 (50
    U.S.C. 3001 et seq.) is amended--
            (1) in section 1107 (50 U.S.C. 3237)--
                (A) in the section heading, by striking ``communist party
            of china'' and inserting ``chinese communist party''; and
                (B) by striking ``Communist Party of China'' both places it
            appears and inserting ``Chinese Communist Party''; and
            (2) in the table of contents before section 2 (50 U.S.C. 3002),
        by striking the item relating to section 1107 and inserting the
        following new item:

    ``Sec. 1107. Annual reports on influence operations and campaigns in the
              United States by the Chinese Communist Party.''.
        SEC. 606. ANNUAL REPORT ON CORRUPT ACTIVITIES OF SENIOR OFFICIALS
          OF THE CHINESE COMMUNIST PARTY.
        (a) Definition of Appropriate Committees of Congress.--In this
    section, the term ``appropriate committees of Congress'' means--
            (1) the Committee on Banking, Housing, and Urban Affairs, the
        Committee on Finance, the Committee on Foreign Relations, and the
        Select Committee on Intelligence of the Senate; and
            (2) the Committee on Financial Services, the Committee on
        Foreign Affairs, the Committee on Ways and Means, and the Permanent
        Select Committee on Intelligence of the House of Representatives.
        (b) Annual Report Required.--
            (1) In general.--Not later than 90 days after the date of the
        enactment of this Act, and annually thereafter through 2025, the
        Director of the Central Intelligence Agency shall submit to the
        appropriate committees of Congress a report on the corruption and
        corrupt activities of senior officials of the Chinese Communist
        Party.
            (2) Elements.--
                (A) In general.--Each report under paragraph (1) shall
            include the following:
                    (i) A description of the wealth of, and corruption and
                corrupt activities among, senior officials of the Chinese
                Communist Party.
                    (ii) A description of any recent actions of the
                officials described in clause (i) that could be considered
                a violation, or potential violation, of United States law.
                    (iii) A description and assessment of targeted
                financial measures, including potential targets for
                designation of the officials described in clause (i) for
                the corruption and corrupt activities described in that
                clause and for the actions described in clause (ii).
                (B) Scope of reports.--The first report under paragraph (1)
            shall include comprehensive information on the matters
            described in subparagraph (A). Any succeeding report under
            paragraph (1) may consist of an update or supplement to the
            preceding report under that subsection.
            (3) Coordination.--In preparing each report, update, or
        supplement under this subsection, the Director of the Central
        Intelligence Agency shall coordinate as follows:
                (A) In preparing the description required by clause (i) of
            paragraph (2)(A), the Director of the Central Intelligence
            Agency shall coordinate with the head of the Office of
            Intelligence and Analysis of the Department of the Treasury and
            the Director of the Federal Bureau of Investigation.
                (B) In preparing the descriptions required by clauses (ii)
            and (iii) of such paragraph, the Director of the Central
            Intelligence Agency shall coordinate with the head of the
            Office of Intelligence and Analysis of the Department of the
            Treasury.
            (4) Form.--Each report under paragraph (1) shall include an
        unclassified executive summary, and may include a classified annex.
        (c) Sense of Congress.--It is the sense of Congress that the United
    States should undertake every effort and pursue every opportunity to
    expose the corruption and illicit practices of senior officials of the
    Chinese Communist Party, including President Xi Jinping.
        SEC. 607. REPORT ON CORRUPT ACTIVITIES OF RUSSIAN AND OTHER EASTERN
          EUROPEAN OLIGARCHS.
        (a) Definition of Appropriate Committees of Congress.--In this
    section, the term ``appropriate committees of Congress'' means--
            (1) the Committee on Banking, Housing, and Urban Affairs, the
        Committee on Finance, the Committee on Foreign Relations, and the
        Select Committee on Intelligence of the Senate; and
            (2) the Committee on Financial Services, the Committee on
        Foreign Affairs, the Committee on Ways and Means, and the Permanent
        Select Committee on Intelligence of the House of Representatives.
        (b) Report Required.--Not later than 100 days after the date of the
    enactment of this Act, the Director of the Central Intelligence Agency
    shall submit to the appropriate committees of Congress and the
    Undersecretary of State for Public Diplomacy and Public Affairs a
    report on the corruption and corrupt activities of Russian and other
    Eastern European oligarchs.
        (c) Elements.--
            (1) In general.--Each report under subsection (b) shall include
        the following:
                (A) A description of corruption and corrupt activities
            among Russian and other Eastern European oligarchs who support
            the Government of the Russian Federation, including estimates
            of the total assets of such oligarchs.
                (B) An assessment of the impact of the corruption and
            corrupt activities described pursuant to subparagraph (A) on
            the economy and citizens of Russia.
                (C) A description of any connections to, or support of,
            organized crime, drug smuggling, or human trafficking by an
            oligarch covered by subparagraph (A).
                (D) A description of any information that reveals
            corruption and corrupt activities in Russia among oligarchs
            covered by subparagraph (A).
                (E) A description and assessment of potential sanctions
            actions that could be imposed upon oligarchs covered by
            subparagraph (A) who support the leadership of the Government
            of Russia, including President Vladimir Putin.
            (2) Scope of reports.--The first report under subsection (a)
        shall include comprehensive information on the matters described in
        paragraph (1). Any succeeding report under subsection (a) may
        consist of an update or supplement to the preceding report under
        that subsection.
        (d) Coordination.--In preparing each report, update, or supplement
    under this section, the Director of the Central Intelligence Agency
    shall coordinate as follows:
            (1) In preparing the assessment and descriptions required by
        subparagraphs (A) through (D) of subsection (c)(1), the Director of
        the Central Intelligence Agency shall coordinate with the head of
        the Office of Intelligence and Analysis of the Department of the
        Treasury and the Director of the Federal Bureau of Investigation.
            (2) In preparing the description and assessment required by
        subparagraph (E) of such subsection, the Director of the Central
        Intelligence Agency shall coordinate with the head of the Office of
        Intelligence and Analysis of the Department of the Treasury.
        (e) Form.--
            (1) In general.--Subject to paragraph (2), each report under
        subsection (b) shall include an unclassified executive summary, and
        may include a classified annex.
            (2) Unclassified form of certain information.--The information
        described in subsection (c)(1)(D) in each report under subsection
        (b) shall be submitted in unclassified form.
        SEC. 608. REPORT ON BIOSECURITY RISK AND DISINFORMATION BY THE
          CHINESE COMMUNIST PARTY AND THE GOVERNMENT OF THE PEOPLE'S
          REPUBLIC OF CHINA.
        (a) Definitions.--In this section:
            (1) Appropriate committees of congress.--The term ``appropriate
        committees of Congress'' means--
                (A) the Select Committee on Intelligence, the Committee on
            Armed Services, the Committee on Foreign Relations, the
            Committee on Health, Education, Labor, and Pensions, and the
            Committee on Homeland Security and Governmental Affairs of the
            Senate; and
                (B) the Permanent Select Committee on Intelligence, the
            Committee on Armed Services, the Committee on Energy and
            Commerce, the Committee on Foreign Affairs, and the Committee
            on Homeland Security of the House of Representatives.
            (2) Critical infrastructure.--The term ``critical
        infrastructure'' has the meaning given such term in section 1016(e)
        of the Uniting and Strengthening America by Providing Appropriate
        Tools Required to Intercept and Obstruct Terrorism (USA PATRIOT
        ACT) Act of 2001 (42 U.S.C. 5195c(e)).
        (b) Report Required.--Not later than 90 days after the date of the
    enactment of this Act, the Director of National Intelligence shall
    submit to the appropriate committees of Congress a report identifying
    whether and how officials of the Chinese Communist Party and the
    Government of the People's Republic of China may have sought--
            (1) to suppress information about--
                (A) the outbreak of the novel coronavirus in Wuhan;
                (B) the spread of the virus through China; and
                (C) the transmission of the virus to other countries;
            (2) to spread disinformation relating to the pandemic; or
            (3) to exploit the pandemic to advance their national security
        interests.
        (c) Assessments.--The report required by subsection (b) shall
    include assessments of reported actions and the effect of those actions
    on efforts to contain the novel coronavirus pandemic, including each of
    the following:
            (1) The origins of the novel coronavirus outbreak, the time and
        location of initial infections, and the mode and speed of early
        viral spread.
            (2) Actions taken by the Government of China to suppress,
        conceal, or misinform the people of China and those of other
        countries about the novel coronavirus outbreak in Wuhan.
            (3) The effect of disinformation or the failure of the
        Government of China to fully disclose details of the outbreak on
        response efforts of local governments in China and other countries.
            (4) Diplomatic, political, economic, intelligence, or other
        pressure on other countries and international organizations to
        conceal information about the spread of the novel coronavirus and
        the response of the Government of China to the contagion, as well
        as to influence or coerce early responses to the pandemic by other
        countries.
            (5) Efforts by officials of the Government of China to deny
        access to health experts and international health organizations to
        afflicted individuals in Wuhan, pertinent areas of the city, or
        laboratories of interest in China, including the Wuhan Institute of
        Virology.
            (6) Efforts by the Government of China, or those acting at its
        direction or with its assistance, to conduct cyber operations
        against international, national, or private health organizations
        conducting research relating to the novel coronavirus or operating
        in response to the pandemic.
            (7) Efforts to control, restrict, or manipulate relevant
        segments of global supply chains, particularly in the sale, trade,
        or provision of relevant medicines, medical supplies, or medical
        equipment as a result of the pandemic.
            (8) Efforts to advance the economic, intelligence, national
        security, and political objectives of the Government of China by
        exploiting vulnerabilities of foreign governments, economies, and
        companies under financial duress as a result of the pandemic or to
        accelerate economic espionage and intellectual property theft.
            (9) Efforts to exploit the disruption of the pharmaceutical and
        telecommunications industries as well as other industries tied to
        critical infrastructure and bilateral trade between China and the
        United States and between China and allies and partners of the
        United States in order to advance the economic and political
        objectives of the Government of China following the pandemic.
        (d) Form.--The report required under subsection (b) shall be
    submitted in unclassified form, but may include a classified annex.
        SEC. 609. REPORT ON EFFECT OF LIFTING OF UNITED NATIONS ARMS
          EMBARGO ON ISLAMIC REPUBLIC OF IRAN.
        (a) Definition of Appropriate Committees of Congress.--In this
    section, the term ``appropriate committees of Congress'' means--
            (1) the Select Committee on Intelligence, the Committee on
        Armed Services, and the Committee on Foreign Relations of the
        Senate; and
            (2) the Permanent Select Committee on Intelligence, the
        Committee on Armed Services, and the Committee on Foreign Affairs
        of the House of Representatives.
        (b) Report Required.--Not later than 90 days after the date of the
    enactment of this Act, the Director of the Defense Intelligence Agency,
    in consultation with such heads of other elements of the intelligence
    community as the Director considers appropriate, shall submit to the
    appropriate committees of Congress a report on--
            (1) the plans of the Government of the Islamic Republic of Iran
        to acquire military arms if the ban on arms transfers to or from
        such government under United Nations Security Council resolutions
        are lifted; and
            (2) the effect such arms acquisitions may have on regional
        security and stability.
        (c) Contents.--The report submitted under subsection (b) shall
    include assessments relating to plans of the Government of the Islamic
    Republic of Iran to acquire additional weapons, the intention of other
    countries to provide such weapons, and the effect such acquisition and
    provision would have on regional stability, including with respect to
    each of the following:
            (1) The type and quantity of weapon systems under consideration
        for acquisition.
            (2) The countries of origin of such systems.
            (3) Likely reactions of other countries in the region to such
        acquisition, including the potential for proliferation by other
        countries in response.
            (4) The threat that such acquisition could present to
        international commerce and energy supplies in the region, and the
        potential implications for the national security of the United
        States.
            (5) The threat that such acquisition could present to the Armed
        Forces of the United States, of countries allied with the United
        States, and of countries partnered with the United States stationed
        in or deployed in the region.
            (6) The potential that such acquisition could be used to
        deliver chemical, biological, or nuclear weapons.
            (7) The potential for the Government of the Islamic Republic of
        Iran to proliferate weapons acquired in the absence of an arms
        embargo to regional groups, including Shi'a militia groups backed
        by such government.
        (d) Form.--The report submitted under subsection (b) shall be
    submitted in unclassified form, but may include a classified annex.
        SEC. 610. REPORT ON IRANIAN ACTIVITIES RELATING TO NUCLEAR
          NONPROLIFERATION.
        (a) Definition of Appropriate Committees of Congress.--In this
    section, the term ``appropriate committees of Congress'' means--
            (1) the Select Committee on Intelligence, the Committee on
        Armed Services, and the Committee on Foreign Relations of the
        Senate; and
            (2) the Permanent Select Committee on Intelligence, the
        Committee on Armed Services, and the Committee on Foreign Affairs
        of the House of Representatives.
        (b) Report Required.--Not later than 90 days after the date of the
    enactment of this Act, the Director of National Intelligence shall
    submit to the appropriate committees of Congress a report assessing--
            (1) any relevant activities potentially relating to nuclear
        weapons research and development by the Islamic Republic of Iran;
        and
            (2) any relevant efforts to afford or deny international access
        in accordance with international nonproliferation agreements.
        (c) Assessments.--The report required by subsection (b) shall
    include assessments, for the period beginning on January 1, 2018, and
    ending on the date of the submittal of the report, of the following:
            (1) Activities to research, develop, or enrich uranium or
        reprocess plutonium with the intent or capability of creating
        weapons-grade nuclear material.
            (2) Research, development, testing, or design activities that
        could contribute to or inform construction of a device intended to
        initiate or capable of initiating a nuclear explosion.
            (3) Efforts to receive, transmit, store, destroy, relocate,
        archive, or otherwise preserve research, processes, products, or
        enabling materials relevant or relating to any efforts assessed
        under paragraph (1) or (2).
            (4) Efforts to afford or deny international access, in
        accordance with international nonproliferation agreements, to
        locations, individuals, and materials relating to activities
        described in paragraph (1), (2), or (3).
        (d) Form.--The report required under subsection (b) shall be
    submitted in unclassified form, but may include a classified annex.
        SEC. 611. ANNUAL REPORTS ON SECURITY SERVICES OF THE PEOPLE'S
          REPUBLIC OF CHINA IN THE HONG KONG SPECIAL ADMINISTRATIVE REGION.
        (a) Finding.--Congress finds that the National People's Congress of
    the People's Republic of China promulgated the Law of the People's
    Republic of China on Safeguarding National Security in the Hong Kong
    Special Administrative Region on June 30, 2020.
        (b) Reports.--Title XI of the National Security Act of 1947 (50
    U.S.C. 3231 et seq.), is amended by inserting after section 1107 the
    following new section:
    ``SEC. 1107A. ANNUAL REPORTS ON SECURITY SERVICES OF THE PEOPLE'S
    REPUBLIC OF CHINA IN THE HONG KONG SPECIAL ADMINISTRATIVE REGION.
        ``(a) Definitions.--In this section:
            ``(1) Appropriate congressional committees.--The term
        `appropriate congressional committees' means--
                ``(A) the congressional intelligence committees;
                ``(B) the Committee on Foreign Relations and the Committee
            on Armed Services of the Senate; and
                ``(C) the Committee on Foreign Affairs and the Committee on
            Armed Services of the House of Representatives.
            ``(2) Chinese security services.--The term `Chinese security
        services' means--
                ``(A) the security services of the Government of the
            People's Republic of China, including the Ministry of State
            Security and the Ministry of Public Security; and
                ``(B) any known front organizations or aliases associated
            with such security services, including officers associated with
            the national security division of the Hong Kong Police Force
            and other officers of the Hong Kong Police Force selected by
            the Committee for Safeguarding National Security to work on
            matters relating to national security.
        ``(b) Requirement.--On an annual basis through 2047, the Director
    of National Intelligence shall submit to the appropriate congressional
    committees a report on the presence and activities of Chinese security
    services operating within the Hong Kong Special Administrative Region.
        ``(c) Contents.--Each report under subsection (b) shall include,
    with respect to the year covered by the report, the following:
            ``(1) Identification of the approximate number of personnel
        affiliated with Chinese security services operating within the Hong
        Kong Special Administrative Region, including a breakdown of such
        personnel by the specific security service and the division of the
        security service, and (to the extent possible) an identification of
        any such personnel associated with the national security division
        of the Hong Kong Police Force.
            ``(2) A description of the command and control structures of
        such security services, including information regarding the extent
        to which such security services are controlled by the Government of
        the Hong Kong Special Administrative Region or the Government of
        the People's Republic of China.
            ``(3) A description of the working relationship and
        coordination mechanisms of the Chinese security services with the
        police force of the Hong Kong Special Administrative Region.
            ``(4) A description of the activities conducted by Chinese
        security services operating within the Hong Kong Special
        Administrative Region, including--
                ``(A) information regarding the extent to which such
            security services, and officers associated with the national
            security division of the Hong Kong Police Force, are engaged in
            frontline policing, serving in advisory and assistance roles,
            or both;
                ``(B) an assessment of the likelihood of such security
            services conducting renditions of individuals from the Hong
            Kong Special Administrative Region to China and a listing of
            every known individual subject to such rendition during the
            year covered by the report; and
                ``(C) an assessment of how such activities conducted by
            Chinese security services contribute to self-censorship and
            corruption within the Hong Kong Special Administrative Region.
            ``(5) A discussion of the doctrine and tactics employed by
        Chinese security services operating within the Hong Kong Special
        Administrative Region, including an overview of the extent to which
        such security services employ surveillance, detection, and control
        methods, including `high-tech' policing models and `preventative
        policing tactics', that are consistent with the rise of digital
        authoritarianism, and used in a manner similar to methods used in
        the Xinjiang region of China.
            ``(6) An overview of the funding for Chinese security services
        operating within the Hong Kong Special Administrative Region,
        including an assessment of the extent to which funding is drawn
        locally from the Hong Kong Special Administrative Region Government
        or from the Government of China.
            ``(7) A discussion of the various surveillance technologies
        used by security services operating within the Hong Kong Special
        Administrative Region, including--
                ``(A) a list of the key companies that provide such
            technologies; and
                ``(B) an assessment of the degree to which such
            technologies can be accessed by Chinese security services
            operating within the Hong Kong Special Administrative Region.
        ``(d) Coordination.--In carrying out subsection (b), the Director
    shall coordinate with the Director of the Central Intelligence Agency,
    the Director of the National Security Agency, the Director of the
    Defense Intelligence Agency, the Director of the National Geospatial-
    Intelligence Agency, the Assistant Secretary of State for the Bureau of
    Intelligence and Research, and any other relevant head of an element of
    the intelligence community.
        ``(e) Form.--Each report submitted to the appropriate congressional
    committees under subsection (b) shall be submitted in unclassified
    form, but may include a classified annex.''.
        (c) Clerical Amendment.--The table of contents in the first section
    of the National Security Act of 1947 is amended by inserting after the
    item relating to section 1107 the following new item:

    ``Sec. 1107A. Annual reports on security services of the People's
              Republic of China in the Hong Kong Special Administrative
              Region.''.
        SEC. 612. RESEARCH PARTNERSHIP ON ACTIVITIES OF PEOPLE'S REPUBLIC
          OF CHINA.
        (a) Research Partnership.--
            (1) Requirement.--Not later than 180 days after the date of the
        enactment of this Act, the Director of the National Geospatial-
        Intelligence Agency shall seek to enter into a partnership with an
        academic or non-profit research institution to--
                (A) carry out joint unclassified geospatial intelligence
            analyses of the activities of the People's Republic of China
            that pose risks to the national security interests of the
            United States; and
                (B) make available on a publicly available internet website
            unclassified geospatial intelligence products relating to such
            analyses.
            (2) Elements.--The Director shall ensure that the activities of
        China analyzed under paragraph (1)(A) include the following:
                (A) Any notable developments relating to the global
            activities of the People's Liberation Army Ground Force, the
            People's Liberation Army Navy, the People's Liberation Army Air
            Force, the People's Liberation Army Rocket Force, the People's
            Liberation Army Strategic Support Force, and the Chinese
            People's Armed Police Force Coast Guard Corps.
                (B) Infrastructure projects associated with the ``One Belt,
            One Road'' Initiative.
                (C) Maritime land reclamation activities conducted by China
            in the South China Sea, the Indian Ocean region, and the
            broader maritime commons.
                (D) Matters relevant to global public health and climate
            security, including--
                    (i) indications and warnings of disease outbreaks with
                pandemic potential;
                    (ii) the activities of China likely contributing to
                climate change; and
                    (iii) any environmental degradation directly resulting
                from the practices of China.
            (3) Consortium.--In carrying out paragraph (1), the Director
        may enter into a partnership with--
                (A) one research institution; or
                (B) a consortium of research institutions if the Director
            determines that the inclusion of multiple institutions will
            result in more effective research conducted pursuant to this
            section or improve the outcomes of such research.
            (4) Duration.--The Director shall carry out a partnership under
        this section for a period that is not less than 10 years following
        the date of the enactment of this Act.
            (5) Improvements to partnership.--The Director may modify the
        partnership under paragraph (1) or select a new research
        institution with which to enter into such a partnership if--
                (A) the Director consults with the congressional
            intelligence committees with respect to the proposed modified
            or new partnership;
                (B) the modified or new partnership is carried out in
            accordance with this section; and
                (C) the Director determines that the modified or new
            partnership will result in more effective research conducted
            pursuant to this section or improve the outcomes of such
            research.
        (b) Open-Source Data.--
            (1) Identification and publication.--During the life of the
        partnership under subsection (a), the Director shall regularly--
                (A) identify raw, unclassified geospatial data that could
            improve the research conducted under the partnership if the
            data was made publicly available; and
                (B) make such data publicly available.
            (2) Consultation.--The Director shall carry out paragraph (1)
        in consultation with the research institution or consortium of
        research institutions involved with the partnership under
        subsection (a).
        (c) Briefings.--Not later than 270 days after the date of the
    enactment of this Act, and annually thereafter during the life of the
    partnership under subsection (a), the Director shall provide to the
    appropriate congressional committees a briefing on the partnership.
    Each such briefing shall include the following:
            (1) The outcomes of research conducted under the partnership.
            (2) Identification of the actions that have been taken to
        increase the quantity and quality of unclassified geospatial
        analysis products made publicly available under the partnership,
        including the quantity and types of raw data the partnership has
        made publicly available.
            (3) Identification of actual and projected costs to carry out
        the partnership.
        (d) Appropriate Congressional Committees Defined.--In this section,
    the term ``appropriate congressional committees'' means--
            (1) the congressional intelligence committees;
            (2) Committee on Foreign Relations and the Subcommittee on
        Defense of the Committee on Appropriations of the Senate; and
            (3) Committee on Foreign Affairs and the Subcommittee on
        Defense of the Committee on Appropriations of the House of
        Representatives.
        SEC. 613. REPORT ON THE PHARMACEUTICAL AND PERSONAL PROTECTIVE
          EQUIPMENT REGULATORY PRACTICES OF THE PEOPLE'S REPUBLIC OF CHINA.
        (a) Report.--Not later than 120 days after the date of the
    enactment of this Act, the Director of National Intelligence shall
    submit to the appropriate congressional committees a report on--
            (1) the pharmaceutical and personal protective equipment
        regulatory practices of the People's Republic of China; and
            (2) the effects of such practices on the national security of
        the United States.
        (b) Contents.--The report under subsection (a) shall include the
    following:
            (1) An assessment of the quantity of active pharmaceutical
        ingredients produced annually within China.
            (2) An estimate of the percentage of active pharmaceutical
        ingredients produced globally that originate in China.
            (3) A description of the National Medical Products
        Administration of China, including with respect to--
                (A) the roles and responsibilities of the Administration;
                (B) the organizational structure of the Administration; and
                (C) any affiliated institutions of the National Medical
            Products Administration.
            (4) An assessment of the capacity of the National Medical
        Products Administration to effectively develop safety standards,
        efficacy standards, and any other relevant standards concerning the
        production of active pharmaceutical ingredients and pharmaceutical
        drugs.
            (5) An assessment of the capacity of the National Medical
        Products Administration to enforce standards on the production and
        distribution of active pharmaceutical ingredients and
        pharmaceutical drugs.
            (6) An overview of qualitative disparities between active
        pharmaceutical ingredients and pharmaceutical drugs approved by the
        National Medical Products Administration and similar drugs subject
        to regulatory oversight and approval in the markets of the member
        states of the Organisation for Economic Co-operation and
        Development.
            (7) An assessment of the qualitative disparities between the
        standards and enforcement practices of the National Medical
        Products Administration on the production and distribution of
        active pharmaceutical ingredients and pharmaceutical drugs and the
        good manufacturing practice guidelines issued by the International
        Council for Harmonization of Technical Requirements for
        Pharmaceuticals for Human Use.
            (8) An assessment of the susceptibility of the National Medical
        Products Administration, the subordinate organizations of the
        National Medical Products Administration, and other associated
        personnel to engage in corrupt practices, particularly practices
        that relate to assessing the safety of pharmaceutical ingredients
        and other pharmaceutical drugs within the authority of the National
        Medical Products Administration.
            (9) An assessment of the national security risks associated
        with the reliance by the United States on pharmaceutical
        ingredients and pharmaceutical drugs originating in China,
        including an assessment of how and whether China could leverage its
        production of certain pharmaceutical ingredients as a means to
        coerce the United States or the partners and allies of the United
        States.
            (10) An assessment of the percentage of personal protective
        equipment produced globally that originates in China.
            (11) An assessment of the national security risks associated
        with any reliance by the United States on personal protective
        equipment originating in China, including an assessment of how and
        whether China could leverage its production of personal protective
        equipment as a means to coerce the United States or the partners
        and allies of the United States.
        (c) Coordination.--In carrying out subsection (a), the Director
    shall coordinate with the Director of the Central Intelligence Agency,
    the Director of the National Security Agency, the Director of the
    Defense Intelligence Agency, the Director of the National Geospatial-
    Intelligence Agency, and any other relevant head of an element of the
    intelligence community as well as the Commissioner of the Food and Drug
    Administration.
        (d) Form.--The report submitted to the appropriate congressional
    committees under subsection (a) shall be submitted in unclassified
    form, but may include a classified annex.
        (e) Appropriate Congressional Committees Defined.--In this section,
    the term ``appropriate congressional committees'' means--
            (1) the congressional intelligence committees;
            (2) the Committee on Foreign Affairs and the Committee on
        Energy and Commerce of the House of Representatives; and
            (3) the Committee on Foreign Relations and the Committee on
        Finance of the Senate.
        SEC. 614. NATIONAL INTELLIGENCE ESTIMATE ON SITUATION IN
          AFGHANISTAN.
        (a) Requirement.--The Director of National Intelligence, acting
    through the National Intelligence Council, shall produce a National
    Intelligence Estimate on the situation in Afghanistan.
        (b) Matters.--The National Intelligence Estimate produced under
    subsection (a) shall include an assessment of the prospects of a
    durable intra-Afghan settlement of the conflict in Afghanistan that
    leads to--
            (1) a permanent ceasefire and sustained reduction in violence;
            (2) a verifiable break between the Taliban and al-Qaeda;
            (3) verifiable cooperation by the Taliban in efforts against
        al-Qaeda, the Islamic State of Iraq and the Levant Khorasan, and
        associated international terrorists the intelligence community
        determines are active in Afghanistan and pose a threat to the
        United States homeland or United States interests abroad; and
            (4) sustainment of the social and human rights progress
        achieved by Afghan women and girls since 2001.
        (c) Submission to Congress.--
            (1) Submission.--Not later than February 1, 2021, the Director
        shall submit to the congressional intelligence committees the
        National Intelligence Estimate produced under subsection (a),
        including all intelligence reporting underlying the Estimate.
            (2) Notice regarding submission.--If before February 1, 2021,
        the Director determines that the National Intelligence Estimate
        produced under subsection (a) cannot be submitted by such date, the
        Director shall (before such date)--
                (A) submit to the congressional intelligence committees a
            report setting forth the reasons why the National Intelligence
            Estimate cannot be submitted by such date and an estimated date
            for the submission of the National Intelligence Estimate; and
                (B) testify before the congressional intelligence
            committees on the issues that will be covered by the National
            Intelligence Estimate.
            (3) Form.--The National Intelligence Estimate shall be
        submitted under paragraph (1) in classified form.
        (d) Public Version.--Consistent with the protection of intelligence
    sources and methods, at the same time as the Director submits to the
    congressional intelligence committees the National Intelligence
    Estimate under subsection (c), the Director shall make publicly
    available on the internet website of the Director an unclassified
    version of the key findings of the National Intelligence Estimate.
        SEC. 615. ASSESSMENT REGARDING TENSIONS BETWEEN ARMENIA AND
          AZERBAIJAN.
        (a) Assessment Required.--Not later than 90 days after the date of
    the enactment of this Act, the Director of National Intelligence shall
    submit to the congressional intelligence committees a written
    assessment regarding tensions between the governments of Armenia and
    Azerbaijan, including with respect to the status of the Nagorno-
    Karabakh region. Such assessment shall include each of the following:
            (1) An identification of the strategic interests of the United
        States and its partners in the Armenia-Azerbaijan region.
            (2) A description of all significant uses of force in and
        around the Nagorno-Karabakh region and the border between Armenia
        and Azerbaijan during calendar year 2020, including a description
        of each significant use of force and an assessment of who initiated
        the use of such force.
            (3) An assessment of the effect of United States military
        assistance to Azerbaijan and Armenia on the regional balance of
        power and the likelihood of further use of military force.
            (4) An assessment of the likelihood of any further uses of
        force or potentially destabilizing activities in the region in the
        near- to medium-term.
        (b) Form of Assessment.--The assessment required under this section
    shall be submitted in unclassified form, but may contain a classified
    annex.
        SEC. 616. SENSE OF CONGRESS ON THIRD OPTION FOUNDATION.
        It is the sense of the Congress that--
            (1) the work of the Third Option Foundation to heal, help, and
        honor members of the special operations community of the Central
        Intelligence Agency and their families is invaluable; and
            (2) the Director of the Central Intelligence Agency should work
        closely with the Third Option Foundation in implementing section
        19A of the Central Intelligence Agency Act of 1949 (50 U.S.C.
        3519b), as added by section 6412 of the Damon Paul Nelson and
        Matthew Young Pollard Intelligence Authorization Act for Fiscal
        Years 2018, 2019, and 2020 (Public Law 116-92).
        SEC. 617. ANNUAL REPORTS ON WORLDWIDE THREATS.
        (a) In General.--Title I of the National Security Act of 1947 (50
    U.S.C. 3021 et seq.) is amended by inserting after section 108A the
    following new section:
    ``SEC. 108B. ANNUAL REPORTS ON WORLDWIDE THREATS.
        ``(a) Definition of Appropriate Congressional Committees.--In this
    section, the term `appropriate congressional committees' means--
            ``(1) the congressional intelligence committees; and
            ``(2) the Committees on Armed Services of the House of
        Representatives and the Senate.
        ``(b) Annual Reports.--Not later than the first Monday in February
    2021, and each year thereafter, the Director of National Intelligence,
    in coordination with the heads of the elements of the intelligence
    community, shall submit to the appropriate congressional committees a
    report containing an assessment of the intelligence community with
    respect to worldwide threats to the national security of the United
    States.
        ``(c) Form.--Each report under subsection (b) shall be submitted in
    unclassified form, but may include a classified annex only for the
    protection of intelligence sources and methods relating to the matters
    contained in the report.
        ``(d) Hearings.--
            ``(1) Open hearings.--Upon request by the appropriate
        congressional committees, the Director (and any other head of an
        element of the intelligence community determined appropriate by the
        committees in consultation with the Director) shall testify before
        such committees in an open setting regarding a report under
        subsection (b).
            ``(2) Closed hearings.--Any information that may not be
        disclosed during an open hearing under paragraph (1) in order to
        protect intelligence sources and methods may instead be discussed
        in a closed hearing that immediately follows such open hearing.''.
        (b) Clerical Amendment.--The table of contents at the beginning of
    such Act is amended by inserting after the item relating to section
    108A the following new item:

    ``Sec. 108B. Annual reports on world-wide threats.''.
        SEC. 618. ANNUAL REPORT ON CLIMATE SECURITY ADVISORY COUNCIL.
        Section 120 of the National Security Act of 1947 (50 U.S.C. 3060),
    as amended by section 405, is further amended--
            (1) by redesignating subsection (d) as subsection (e); and
            (2) by inserting after subsection (c) the following new
        subsection (d):
        ``(d) Annual Report.--Not later than January 31, 2021, and not less
    frequently than annually thereafter, the chair of the Council shall
    submit, on behalf of the Council, to the congressional intelligence
    committees a report describing the activities of the Council as
    described in subsection (c) during the year preceding the year during
    which the report is submitted.''.
        SEC. 619. IMPROVEMENTS TO FUNDING FOR NATIONAL SECURITY EDUCATION
          PROGRAM.
        (a) Funding for Scholarship, Fellowship, and Grant Programs.--
    Section 810 of the David L. Boren National Security Education Act of
    1991 (50 U.S.C. 1910) is amended--
            (1) in subsection (c), by striking ``for each fiscal year,
        beginning with fiscal year 2005,'' and inserting ``for each of
        fiscal years 2005 through 2021''; and
            (2) by adding at the end the following new subsection:
        ``(d) Fiscal Years Beginning With Fiscal Year 2022.--In addition to
    amounts that may be made available to the Secretary under the Fund for
    a fiscal year, there is authorized to be appropriated to the Secretary
    for each fiscal year, beginning with fiscal year 2022, $8,000,000, to
    carry out the scholarship, fellowship, and grant programs under
    subparagraphs (A), (B), and (C), respectively, of section 802(a)(1).''.
        (b) Funding for National Flagship Language Initiative.--Section 811
    of such Act (50 U.S.C. 1911) is amended--
            (1) in subsection (a), by striking `` $10,000,000'' and
        inserting `` $16,000,000''; and
            (2) in subsection (b), by striking ``for each fiscal year,
        beginning with fiscal year 2005,'' and inserting ``for each of
        fiscal years 2005 through 2021''.
        (c) Funding for Scholarship Program for Advanced English Language
    Studies.--Section 812 of the David L. Boren National Security Education
    Act of 1991 (50 U.S.C. 1912) is amended--
            (1) in subsection (a), by striking ``for each fiscal year,
        beginning with fiscal year 2005,'' and inserting ``for each of
        fiscal years 2005 through 2021'';
            (2) by redesignating subsection (b) as subsection (c);
            (3) by inserting after subsection (a) the following new
        subsection (b):
        ``(b) Fiscal Years Beginning With Fiscal Year 2022.--In addition to
    amounts that may be made available to the Secretary under the Fund for
    a fiscal year, there is authorized to be appropriated to the Secretary
    for each fiscal year, beginning with fiscal year 2022, $2,000,000, to
    carry out the scholarship programs for English language studies by
    certain heritage community citizens under section 802(a)(1)(E).''; and
            (4) in subsection (c), as so redesignated, by striking
        ``subsection (a)'' and inserting ``this section''.
        SEC. 620. REPORT ON BEST PRACTICES TO PROTECT PRIVACY, CIVIL
          LIBERTIES, AND CIVIL RIGHTS OF CHINESE AMERICANS.
        (a) Report.--Section 5712 of the Damon Paul Nelson and Matthew
    Young Pollard Intelligence Authorization Act for Fiscal Years 2018,
    2019, and 2020 (Public Law 116-92; 133 Stat. 2171) is--
            (1) transferred to title XI of the National Security Act of
        1947 (50 U.S.C. 3231 et seq.);
            (2) inserted after section 1109 of such title, as added by
        section 308;
            (3) redesignated as section 1110; and
            (4) amended--
                (A) in the heading, by striking ``and civil liberties'' and
            inserting ``, civil liberties, and civil rights''; and
                (B) in subsection (b)--
                    (i) in the matter preceding paragraph (1) by striking
                ``Not later than 180 days after the date of the enactment
                of this Act,'' and inserting ``On an annual basis,''; and
                    (ii) by striking ``and civil liberties'', each place it
                appears and inserting ``, civil liberties, and civil
                rights''.
        (b) Clerical Amendment.--The table of contents at the beginning of
    the National Security Act of 1947 is amended by inserting after the
    item relating to section 1109, as added by section 308, the following
    new item:

    ``Sec. 1110. Report on best practices to protect privacy, civil
              liberties, and civil rights of Chinese Americans.''.
        SEC. 621. NATIONAL INTELLIGENCE ESTIMATE ON THREAT OF GLOBAL
          PANDEMIC DISEASE.
        (a) National Intelligence Estimate.--
            (1) Requirement.--The Director of National Intelligence, acting
        through the National Intelligence Council, shall produce a National
        Intelligence Estimate on the threat of global pandemic disease,
        including with respect to the following:
                (A) An assessment of the possible courses of the COVID-19
            pandemic during the 18 months following the date of the
            Estimate, including--
                    (i) the projected spread of COVID-19 outside the United
                States and the likelihood of subsequent major outbreaks;
                    (ii) the capacity of countries and international
                organizations to combat the further spread of COVID-19,
                including risks and opportunities for further global
                cooperation; and
                    (iii) the risks to the national security and health
                security of the United States if COVID-19 is not contained
                abroad.
                (B) An assessment of the global public health system and
            the responses of the system to the COVID-19 pandemic,
            including--
                    (i) prospects for an effective global disease
                surveillance and response system, opportunities to advance
                the development of such a system, and signposts for
                evaluating whether or not an effective system has been
                developed before a disease outbreak occurs; and
                    (ii) an assessment of global health system capacity.
                (C) An assessment of--
                    (i) the humanitarian and economic implications of the
                COVID-19 pandemic; and
                    (ii) the consequences of the COVID-19 pandemic with
                respect to political stability, armed conflict,
                democratization, and the global leadership by the United
                States of the post-World War II international system.
                (D) An assessment of--
                    (i) likely threats by global pandemic diseases during
                the 10-year period following the date of the Estimate;
                    (ii) global readiness to avert a future global
                pandemic;
                    (iii) challenges and opportunities for the policy of
                the United States to advance global pandemic preparedness;
                and
                    (iv) the potential role of non-state and state-backed
                global influence activities or disinformation campaigns
                involving COVID-19 or future potential global pandemics.
                (E) Any other matters the Director determines appropriate.
            (2) Submission to congress.--
                (A) Submission.--Not later than 90 days after the date of
            the enactment of this Act, the Director shall submit to the
            Permanent Select Committee on Intelligence of the House of
            Representatives and the Select Committee on Intelligence of the
            Senate the National Intelligence Estimate produced under
            paragraph (1), including all intelligence reporting underlying
            the Estimate.
                (B) Notice regarding submission.--If before the end of the
            90-day period specified in subparagraph (A) the Director
            determines that the National Intelligence Estimate under
            paragraph (1) cannot be submitted by the end of that period,
            the Director shall (before the end of that period)--
                    (i) submit to the Permanent Select Committee on
                Intelligence of the House of Representatives and the Select
                Committee on Intelligence of the Senate a report setting
                forth--

                        (I) the reasons why the National Intelligence
                    Estimate cannot be submitted by the end of that period;
                    and
                        (II) an estimated date for the submission of the
                    National Intelligence Estimate; and

                    (ii) testify before such committees on the issues that
                will be covered by the National Intelligence Estimate.
                (C) Form.--The National Intelligence Estimate shall be
            submitted under subparagraph (A) in classified form.
            (3) Public version.--Consistent with the protection of
        intelligence sources and methods, at the same time as the Director
        submits to the congressional intelligence committees the National
        Intelligence Estimate under paragraph (2), the Director shall make
        publicly available on the internet website of the Director, an
        unclassified version of the National Intelligence Estimate.
            (4) Consultation.--The Director shall prepare the National
        Intelligence Estimate under paragraph (1) in consultation with the
        Secretary of Health and Human Services, the Director of the Centers
        for Disease Control and Prevention, the Secretary of State, and any
        other head of an element of the Federal Government the Director of
        National Intelligence determines appropriate.
        (b) Future Pandemic Plan.--
            (1) Requirement.--Not later than 90 days after the date of the
        enactment of this Act, the President shall make publicly available
        on the internet website of the President a report containing a
        whole-of-government plan for an effective response to subsequent
        major outbreaks of the COVID-19 pandemic and for other future
        global pandemic diseases.
            (2) Matters included.--The plan under paragraph (1) shall
        address how to improve the following:
                (A) Pandemic planning.
                (B) Homeland preparedness.
                (C) International disease surveillance.
                (D) Diagnostic testing.
                (E) Contact tracing.
                (F) The role of the Federal Government with respect to the
            regulation, acquisition, and disbursement, of medical supplies
            and other public health resources necessary to respond to
            COVID-19 or other diseases with pandemic potential (including
            diagnostic testing equipment, biomedical equipment, drugs and
            medicines, and hygiene equipment).
                (G) The procurement and distribution of personal protective
            equipment.
                (H) Early domestic response to future global pandemic
            diseases in the United States.
        (c) Global Strategy.--Not later than 90 days after the date of the
    enactment of this Act, the President, in coordination with the Director
    of National Intelligence, shall make publicly available on the internet
    website of the President a report containing a global strategy for
    mobilizing international institutions to combat the COVID-19 pandemic.
        SEC. 622. MODIFICATION OF REQUIREMENT FOR BRIEFINGS ON NATIONAL
          SECURITY EFFECTS OF EMERGING INFECTIOUS DISEASE AND PANDEMICS.
        Section 6722(b)(2) of the Damon Paul Nelson and Matthew Young
    Pollard Intelligence Authorization Act for Fiscal Years 2018, 2019, and
    2020 (division E of Public Law 116-98) is amended--
            (1) in the paragraph heading, by striking ``Quinquennial'' and
        inserting ``Annual'';
            (2) by striking ``beginning on the date that is 5 years after
        the date on which the Director submits the report under paragraph
        (1), and every 5 years thereafter'' and inserting ``not later than
        January 31, 2021, and annually thereafter''; and
            (3) by inserting ``required under paragraph (1)'' before the
        period at the end.
        SEC. 623. INDEPENDENT STUDY ON OPEN-SOURCE INTELLIGENCE.
        (a) Study.--The Director of National Intelligence shall seek to
    enter into an agreement with a federally funded research and
    development center or a nongovernmental entity to conduct a
    comprehensive study on the future of the collection, processing,
    exploitation, analysis, dissemination, and evaluation of open-source
    intelligence by the intelligence community. The Director shall select
    such entity in consultation with the congressional intelligence
    committees.
        (b) Matters Included.--The study under subsection (a) shall include
    the following:
            (1) Recommendations with respect to the governance of open-
        source intelligence within the intelligence community, including
        regarding--
                (A) whether such governance of open-source intelligence
            should be assigned to a functional manager or an executive
            agent, or use another governance structure;
                (B) which official of the intelligence community should
            serve as such a functional manager, executive agent, or the
            leader of such other governance structure, and what authorities
            the official should have in serving in such role;
                (C) which official of the intelligence community should be
            responsible for conducting oversight by the executive branch
            for open-source intelligence;
                (D) which elements of the intelligence community should
            retain capabilities to collect, process, exploit, and
            disseminate open-source intelligence;
                (E) how to effectively integrate such collection
            capabilities among the elements of the intelligence community;
            and
                (F) whether to establish a new agency as an element of the
            intelligence community dedicated to open-source intelligence or
            to establish a fusion center to co-locate open-source
            intelligence capabilities of the elements of the intelligence
            community, including a discussion of the advantages and
            disadvantages of each such approach.
            (2) Recommendations regarding the requirements processes for
        open-source intelligence, including with respect to--
                (A) the utility (or disutility) of a unified collection
            management process for open-source intelligence for all of the
            intelligence community;
                (B) what such a process might look like;
                (C) ways to integrate an open-source requirements process
            into all-source collection management; and
                (D) ways that automation might be leveraged to facilitate
            open-source requirements and collection management.
            (3) An assessment of the value of rejuvenating a career service
        for a professional cadre of the intelligence community that focuses
        on collecting and disseminating open-source intelligence and
        recommendations for such a rejuvenation.
            (4) Recommendations regarding the need to adjust any legal and
        policy frameworks (including any applicable guidelines of the
        Attorney General) that would facilitate the collection, retention,
        and dissemination of open-source intelligence while balancing
        customer needs with the privacy interests of United States persons.
            (5) An assessment of methods to use open-source intelligence to
        support the operations of the intelligence community, including
        recommendations on when and how open-source intelligence should
        support such operations.
            (6) With respect to the data management of open-source
        intelligence, recommendations on proposed data ingestion tools,
        scraping capabilities, and other tools and capabilities to collect,
        process, exploit, and analyze the volume of open-source
        intelligence, including recommendations on how the intelligence
        community can increase the speed and security with which the
        intelligence community adopts open-source technology and
        unclassified commercial products.
            (7) Any other matters the Director or the entity selected to
        conduct the study determines appropriate.
        (c) Cooperation.--The Director shall make available to the entity
    selected to conduct the study under subsection (a) the necessary
    information and materials to conduct the study, including with respect
    to--
            (1) accessing secure workspaces;
            (2) accessing directives and policy guidance of the
        intelligence community and other policy documents regarding the
        governance and execution of open-source intelligence;
            (3) reviewing technological systems used to conduct open-source
        intelligence collection;
            (4) interviewing senior personnel of the intelligence
        community, including such personnel with responsibility for the
        open-source intelligence mission of the intelligence community; and
            (5) ensuring that each head of an element of the intelligence
        community provides the cooperation described in this subsection.
        (d) Consultation.--The entity selected to conduct the study under
    subsection (a) shall consult with the congressional intelligence
    committees before beginning to conduct such study.
        (e) Report.--Not later than 270 days after the date of the
    enactment of this Act, the Director shall submit to the congressional
    intelligence committees a report containing the study under subsection
    (a), without change. The report shall be unclassified, but may include
    a classified annex.
        SEC. 624. SURVEY ON OPEN SOURCE ENTERPRISE.
        (a) Survey.--The Director of the Central Intelligence Agency (as
    the open source functional manager for the intelligence community), in
    consultation with the Director of National Intelligence and any other
    head of an element of the intelligence community that the Director of
    the Central Intelligence Agency determines appropriate, shall conduct a
    survey to measure the satisfaction of customers of open-source
    intelligence with the Open Source Enterprise of the Central
    Intelligence Agency.
        (b) Purpose.--The Director shall ensure that the survey under
    subsection (a)--
            (1) evaluates which types of open-source intelligence supports
        the missions of the customers of such intelligence, regardless of
        whether the customers are elements of the intelligence community
        and regardless of whether the customers are receiving such
        intelligence from the Open Source Enterprise;
            (2) evaluates how responsive the Open Source Enterprise is to
        the missions of the elements of the intelligence community and the
        other customers of the Open Source Enterprise;
            (3) enables the Open Source Enterprise to set strategic
        priorities; and
            (4) enables Congress to better oversee the strategic direction
        of the Open Source Enterprise and to provide support to the
        collection and analysis of open-source intelligence.
        (c) Contents.--
            (1) Assessment.--The survey under subsection (a) shall include
        qualitative and quantitative questions designed to assess the
        following:
                (A) The value of support provided by the Open Source
            Enterprise to the mission of the customer taking the survey.
                (B) The accessibility of the products of the Open Source
            Enterprise.
                (C) The frequency that such products are used in
            accomplishing the mission of the customer.
                (D) The responsiveness of the Open Source Enterprise to
            tasking requests.
                (E) Areas in which the Open Source Enterprise could
            improve.
                (F) The in-house open-source intelligence capabilities of
            the customer taking the survey, including--
                    (i) a description of such capabilities;
                    (ii) how such capabilities are tailored to the mission
                of the customer;
                    (iii) when such capabilities were established; and
                    (iv) whether and to what extent the customer
                coordinates with the Open Source Enterprise regarding such
                capabilities.
            (2) Survey answers.--A customer who receives the survey under
        subsection (a) shall make all reasonable efforts to respond fully
        and frankly to the survey.
        (d) Design Methodology.--In carrying out subsection (a), the
    Director of Central Intelligence shall seek advice regarding design
    methodology for customer satisfaction surveys from--
            (1) experts in survey design of the Central Intelligence Agency
        and the Office of the Director of National Intelligence; and
            (2) senior executives of the Bureau of Intelligence and
        Research of the Department of State who conduct a survey similar to
        the survey under subsection (a).
        (e) Report.--
            (1) Strategy.--Not later than 180 days after the date on which
        the survey is completed under subsection (a), the Director shall
        submit to the congressional intelligence committees a report on the
        strategic direction of the Open Source Enterprise based on the
        results of the survey, including explanations of how the Open
        Source Enterprise will--
                (A) build off the successes of the Open Source Enterprise;
            and
                (B) fill gaps in the collection, production, analysis, or
            dissemination of open-source intelligence.
            (2) Form.--The report under paragraph (1) shall be submitted in
        classified form.
            (3) Briefing.--Not later than 30 days after the date on which
        the Director submits to the congressional intelligence committees
        the report under paragraph (1), the Director shall provide to such
        committees a briefing on the strategic direction of the Open Source
        Enterprise.
        SEC. 625. SENSE OF CONGRESS ON REPORT ON MURDER OF JAMAL KHASHOGGI.
        (a) Findings.--Congress finds the following:
            (1) There is a strong bipartisan conviction, shared widely
        throughout the legislative and executive branches of the United
        States Government and elsewhere, that ensuring full accountability
        for the brutal murder on October 2, 2018, of Jamal Khashoggi, a
        former Washington Post columnist and resident of the United States,
        is in the public interest and also the national interest of the
        United States.
            (2) Section 5714 of the Damon Paul Nelson and Matthew Young
        Pollard Intelligence Authorization Act for Fiscal Years 2018, 2019,
        and 2020 (division E of Public Law 116-92; 133 Stat. 2173) required
        the Director of National Intelligence to submit to Congress a
        written report in ``unclassified form'' that includes
        ``identification of those who carried out, participated in,
        ordered, or were otherwise complicit in or responsible for the
        death of Jamal Khashoggi.''.
            (3) Section 1277 of the National Defense Authorization Act for
        Fiscal Year 2020 (Public Law 116-92; 133 Stat. 1701) likewise
        obligated the Director to submit to the Committee on Foreign
        Affairs and the Permanent Select Committee on Intelligence of the
        House of Representatives and the Committee on Foreign Relations and
        the Select Committee on Intelligence of the Senate a written report
        on the assessment of the intelligence community regarding Mr.
        Khashoggi's brutal murder.
            (4) Such section 1277 specifically called, among other things,
        for a determination and presentation of evidence with respect to
        the advance knowledge and role of any current or former official of
        the Government of Saudi Arabia or any current or former senior
        Saudi political figure over the directing, ordering, or tampering
        of evidence in relation to Mr. Khashoggi's murder.
            (5) Such section 1277 also required the Director to submit a
        list of foreign persons whom the Director has high confidence were
        responsible for, complicit in, or otherwise knowingly and
        materially assisted the murder, or impeded its impartial
        investigation, or who ordered or otherwise directed an act or acts
        contributing to or causing the murder.
            (6) Contrary to the unambiguous and lawful command of Congress
        under such sections 5714 and 1277, the Director did not produce any
        unclassified report as required by either such section, and
        instead, on February 20, 2020, the Director submitted to such
        committees a classified report, which the Director referred to as
        an ``annex''.
            (7) The evident belief of the Director that no unclassified
        information can be produced in accordance with the directives of
        Congress is dubious, in light of the extensive body of credible,
        unclassified reporting available regarding the murder of Mr.
        Khashoggi, and the roles and culpability of officials at the
        highest levels of the Government of Saudi Arabia.
        (b) Sense of Congress.--It is the sense of Congress that the
    Director of National Intelligence should reasonably have been able to
    produce an unclassified report pursuant to section 5714 of the Damon
    Paul Nelson and Matthew Young Pollard Intelligence Authorization Act
    for Fiscal Years 2018, 2019, and 2020 and section 1277 of the National
    Defense Authorization Act for Fiscal Year 2020 that did not alter or
    obscure, in any way, the intelligence community's core determinations,
    its presentation of evidence, or identification of relevant persons, as
    required, without putting sources and methods at risk.

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

    SEC. 1. SHORT TITLE.
        This division may be cited as the ``Supporting Foster Youth and
    Families through the Pandemic Act''.
    SEC. 2. DEFINITIONS.
        In this Act:
            (1) COVID-19 public health emergency.--The term ``COVID-19
        public health emergency'' means the public health emergency
        declared by the Secretary pursuant to section 319 of the Public
        Health Service Act, entitled ``Determination that a Public Health
        Emergency Exists Nationwide as the Result of the 2019 Novel
        Coronavirus''.
            (2) COVID-19 public health emergency period.--The term ``COVID-
        19 public health emergency period'' means the period beginning on
        April 1, 2020 and ending with September 30, 2021.
            (3) Secretary.--The term ``Secretary'' means the Secretary of
        Health and Human Services.
    SEC. 3. CONTINUED SAFE OPERATION OF CHILD WELFARE PROGRAMS AND SUPPORT
    FOR OLDER FOSTER YOUTH.
        (a) Funding Increases.--
            (1) Increase in support for chafee programs.--Out of any money
        in the Treasury of the United States not otherwise appropriated,
        there are appropriated $400,000,000 for fiscal year 2021, to carry
        out section 477 of the Social Security Act, in addition to any
        amounts otherwise made available for such purpose.
            (2) Education and training vouchers.--Of the amount made
        available by reason of paragraph (1) of this subsection, not less
        than $50,000,000 shall be reserved for the provision of vouchers
        pursuant to section 477(h)(2) of the Social Security Act.
            (3) Applicability of technical assistance to additional
        funds.--
                (A) In general.--Section 477(g)(2) of the Social Security
            Act shall apply with respect to the amount made available by
            reason of paragraph (1) of this subsection as if the amount
            were included in the amount specified in section 477(h) of such
            Act.
                (B) Reservation of funds.--
                    (i) In general.--Of the amount to which section
                477(g)(2) of the Social Security Act applies by reason of
                subparagraph (A) of this paragraph, the Secretary shall
                reserve not less than $500,000 to provide technical
                assistance to a State implementing or seeking to implement
                a driving and transportation program for foster youth.
                    (ii) Provider qualifications.--The Secretary shall
                ensure that the entity providing the assistance has
                demonstrated the capacity to--

                        (I) successfully administer activities in 1 or more
                    States to provide driver's licenses to youth who are in
                    foster care under the responsibility of the State; and
                        (II) increase the number of such foster youth who
                    obtain a driver's license.

            (4) Inapplicability of state matching requirement to additional
        funds.--In making payments under subsections (a)(4) and (e)(1) of
        section 474 of the Social Security Act from the additional funds
        made available as a result of paragraphs (1) and (2) of this
        subsection, the percentages specified in subsections (a)(4)(A)(i)
        and (e)(1) of such section are, respectively, deemed to be 100
        percent.
            (5) Maximum award amount.--The dollar amount specified in
        section 477(i)(4)(B) of the Social Security Act through the end of
        fiscal year 2022 is deemed to be $12,000.
            (6) Inapplicability of nytd penalty to additional funds.--In
        calculating any penalty under section 477(e)(2) of the Social
        Security Act with respect to the National Youth in Transition
        Database (NYTD) for April 1, 2020, through the end of fiscal year
        2022, none of the additional funds made available by reason of
        paragraphs (1) and (2) of this subsection shall be considered to be
        part of an allotment to a State under section 477(c) of such Act.
        (b) Maximum Age Limitation on Eligibility for Assistance.--During
    fiscal years 2020 and 2021, a child may be eligible for services and
    assistance under section 477 of the Social Security Act until the child
    attains 27 years of age, notwithstanding any contrary certification
    made under such section.
        (c) Special Rule.--With respect to funds made available by reason
    of subsection (a) that are used during the COVID-19 public health
    emergency period to support activities due to the COVID-19 pandemic,
    the Secretary may not require any State to provide proof of a direct
    connection to the pandemic if doing so would be administratively
    burdensome or would otherwise delay or impede the ability of the State
    to serve foster youth.
        (d) Programmatic Flexibilities.--During the COVID-19 public health
    emergency period:
            (1) Suspension of certain requirements under the education and
        training voucher program.--The Secretary shall allow a State to
        waive the applicability of the requirement in section 477(i)(3) of
        the Social Security Act that a youth must be enrolled in a
        postsecondary education or training program or making satisfactory
        progress toward completion of that program if a youth is unable to
        do so due to the COVID-19 public health emergency.
            (2) Authority to use vouchers to maintain training and
        postsecondary education.--A voucher provided under a State
        educational and training voucher program under section 477(i) of
        the Social Security Act may be used for maintaining training and
        postsecondary education, including less than full-time
        matriculation costs or other expenses that are not part of the cost
        of attendance but would help support youth in remaining enrolled as
        described in paragraph (1) of this subsection.
            (3) Authority to waive limitations on percentage of funds used
        for housing assistance and eligibility for such assistance.--
        Notwithstanding section 477(b)(3)(B) of the Social Security Act, a
        State may use--
                (A) more than 30 percent of the amounts paid to the State
            from its allotment under section 477(c)(1) of such Act for a
            fiscal year, for room or board payments; and
                (B) any of such amounts for youth otherwise eligible for
            services under section 477 of such Act who--
                    (i) have attained 18 years of age and not 27 years of
                age; and
                    (ii) experienced foster care at 14 years of age or
                older.
            (4) Authority to provide driving and transportation
        assistance.--
                (A) Use of funds.--Funds provided under section 477 of the
            Social Security Act may be used to provide driving and
            transportation assistance to youth described in paragraph
            (3)(B) who have attained 15 years of age with costs related to
            obtaining a driver's license and driving lawfully in a State
            (such as vehicle insurance costs, driver's education class and
            testing fees, practice lessons, practice hours, license fees,
            roadside assistance, deductible assistance, and assistance in
            purchasing an automobile).
                (B) Maximum allowance.--The amount of the assistance
            provided for each eligible youth under subparagraph (A) shall
            not exceed $4,000 per year, and any assistance so provided
            shall be disregarded for purposes of determining the
            recipient's eligibility for, and the amount of, any other
            Federal or federally-supported assistance, except that the
            State agency shall take appropriate steps to prevent
            duplication of benefits under this and other Federal or
            federally-supported programs.
                (C) Report to the congress.--Within 6 months after the end
            of the expenditure period, the Secretary shall submit to the
            Congress a report on the extent to which, and the manner in
            which, the funds to which subsection (a)(3) applies were used
            to provide technical assistance to State child welfare
            programs, monitor State performance and foster youth outcomes,
            and evaluate program effectiveness.
    SEC. 4. PREVENTING AGING OUT OF FOSTER CARE DURING THE PANDEMIC.
        (a) Addressing Foster Care Age Restrictions During the Pandemic.--A
    State operating a program under part E of title IV of the Social
    Security Act may not require a child who is in foster care under the
    responsibility of the State to leave foster care solely by reason of
    the child's age. A child may not be found ineligible for foster care
    maintenance payments under section 472 of such Act solely due to the
    age of the child or the failure of the child to meet a condition of
    section 475(8)(B)(iv) of such Act before October 1, 2021.
        (b) Re-entry to Foster Care for Youth Who Age Out During the
    Pandemic.--A State operating a program under the State plan approved
    under part E of title IV of the Social Security Act (and without regard
    to whether the State has exercised the option provided by section
    475(8)(B) of such Act to extend assistance under such part to older
    children) shall--
            (1) permit any youth who left foster care due to age during the
        COVID-19 public health emergency to voluntarily re-enter foster
        care;
            (2) provide to each such youth who was formally discharged from
        foster care during the COVID-19 public health emergency, a notice
        designed to make the youth aware of the option to return to foster
        care;
            (3) facilitate the voluntary return of any such youth to foster
        care; and
            (4) conduct a public awareness campaign about the option to
        voluntarily re-enter foster care for youth who have not attained 22
        years of age, who aged out of foster care in fiscal year 2020 or
        fiscal year 2021, and who are otherwise eligible to return to
        foster care.
        (c) Protections for Youth in Foster Care.--A State operating a
    program under the State plan approved under part E of title IV of the
    Social Security Act shall--
            (1) continue to ensure that the safety, permanence, and well-
        being needs of older foster youth, including youth who remain in
        foster care and youth who age out of foster care during that period
        but who re-enter foster care pursuant to this section, are met; and
            (2) work with any youth who remains in foster care after
        attaining 18 years of age (or such greater age as the State may
        have elected under section 475(8)(B)(iii) of such Act) to develop,
        or review and revise, a transition plan consistent with the plan
        referred to in section 475(5)(H) of such Act, and assist the youth
        with identifying adults who can offer meaningful, permanent
        connections.
        (d) Authority to Use Additional Funding for Certain Costs Incurred
    to Prevent Aging Out of, Facilitating Re-entry to, and Protecting Youth
    in Care During the Pandemic.--
            (1) In general.--Subject to paragraph (2) of this subsection, a
        State to which additional funds are made available as a result of
        section 3(a) may use the funds to meet any costs incurred in
        complying with subsections (a), (b), and (c) of this section.
            (2) Restrictions.--
                (A) The costs referred to in paragraph (1) must be incurred
            after the date of the enactment of this section and before
            October 1, 2021.
                (B) The costs of complying with subsection (a) or (c) of
            this section must not be incurred on behalf of children
            eligible for foster care maintenance payments under section 472
            of the Social Security Act, including youth who have attained
            18 years of age who are eligible for the payments by reason of
            the temporary waiver of the age requirement or the conditions
            of section 475(8)(B)(iv) of such Act.
                (C) A State shall make reasonable efforts to ensure that
            eligibility for foster care maintenance payments under section
            472 of the Social Security Act is determined when a youth
            remains in, or re-enters, foster care as a result of the State
            complying with subsections (a) and (c) of this section.
                (D) A child who re-enters care during the COVID-19 public
            health emergency period may not be found ineligible for foster
            care maintenance payments under section 472 of the Social
            Security Act solely due to age or the requirements of section
            475(8)(B)(iv) of such Act before October 1, 2021.
        (e) Termination of Certain Provisions.--The preceding provisions of
    this section shall have no force or effect after September 30, 2021.
    SEC. 5. FAMILY FIRST PREVENTION SERVICES PROGRAM PANDEMIC FLEXIBILITY.
        During the COVID-19 public health emergency period, each percentage
    specified in subparagraphs (A)(i) and (B) of section 474(a)(6) of the
    Social Security Act is deemed to be 100 percent.
    SEC. 6. EMERGENCY FUNDING FOR THE MARYLEE ALLEN PROMOTING SAFE AND
    STABLE FAMILIES PROGRAM.
        (a) In General.--Out of any money in the Treasury of the United
    States not otherwise appropriated, there are appropriated $85,000,000
    to carry out section 436(a) of the Social Security Act for fiscal year
    2021, in addition to any amounts otherwise made available for such
    purpose. For purposes of section 436(b) of such Act, the amount made
    available by the preceding sentence shall be considered part of the
    amount specified in such section 436(a).
        (b) Inapplicability of State Matching Requirement to Additional
    Funds.--In making payments under section 434(a) of the Social Security
    Act from the additional funds made available as a result of subsection
    (a) of this section, the percentage specified in section 434(a)(1) of
    such Act is deemed to be 100 percent.
    SEC. 7. COURT IMPROVEMENT PROGRAM.
        (a) Reservation of Funds.--Of the additional amounts made available
    by reason of section 6 of this Act, the Secretary shall reserve
    $10,000,000 for grants under subsection (b) of this section for fiscal
    year 2021, which shall be considered to be made under section 438 of
    the Social Security Act.
        (b) Distribution of Funds.--
            (1) In general.--From the amounts reserved under subsection (a)
        of this section, the Secretary shall--
                (A) reserve not more than $500,000 for Tribal court
            improvement activities; and
                (B) from the amount remaining after the application of
            subparagraph (A), make a grant to each highest State court that
            is approved to receive a grant under section 438 of the Social
            Security Act for the purpose described in section 438(a)(3) of
            such Act, for fiscal year 2021.
            (2) Amount.--The amount of the grant awarded to a highest State
        court under this subsection shall be the sum of--
                (A) $85,000; and
                (B) the amount that bears the same ratio to the amount
            reserved under subsection (a) that remains after the
            application of paragraph (1)(A) and subparagraph (A) of this
            paragraph, as the number of individuals in the State in which
            the court is located who have not attained 21 years of age
            bears to the total number of such individuals in all States the
            highest courts of which were awarded a grant under this
            subsection (based on the most recent year for which data are
            available from the Bureau of the Census).
            (3) Other rules.--
                (A) In general.--The grants awarded to the highest State
            courts under this subsection shall be in addition to any grants
            made to the courts under section 438 of the Social Security Act
            for any fiscal year.
                (B) No additional application.--The Secretary shall award
            grants to the highest State courts under this subsection
            without requiring the courts to submit an additional
            application.
                (C) Reports.--The Secretary may establish reporting
            criteria specific to the grants awarded under this subsection.
                (D) Redistribution of funds.--If a highest State court does
            not accept a grant awarded under this subsection, or does not
            agree to comply with any reporting requirements imposed under
            subparagraph (C) or the use of funds requirements specified in
            subsection (c), the Secretary shall redistribute the grant
            funds that would have been awarded to that court under this
            subsection among the other highest State courts that are
            awarded grants under this subsection and agree to comply with
            the reporting and use of funds requirements.
                (E) No matching requirement.--The limitation on the use of
            funds specified in section 438(d) of such Act shall not apply
            to the grants awarded under this section.
        (c) Use of Funds.--A highest State court awarded a grant under
    subsection (b) shall use the grant funds to address needs stemming from
    the COVID-19 public health emergency, which may include any of the
    following:
            (1) Technology investments to facilitate the transition to
        remote hearings for dependency courts when necessary as a direct
        result of the COVID-19 public health emergency.
            (2) Training for judges, attorneys, and caseworkers on
        facilitating and participating in remote hearings that comply with
        due process and all applicable law, ensure child safety and well-
        being, and help inform judicial decision-making.
            (3) Programs to help families address aspects of the case plan
        to avoid delays in legal proceedings that would occur as a direct
        result of the COVID-19 public health emergency.
            (4) Other purposes to assist courts, court personnel, or
        related staff related to the COVID-19 public health emergency.
        (d) Conforming Amendments.--Section 438 of the Social Security Act
    (42 U.S.C. 629h) is amended in each of subsections (c)(1) and (d) by
    striking ``2021'' and inserting ``2022''.
    SEC. 8. KINSHIP NAVIGATOR PROGRAMS PANDEMIC FLEXIBILITY.
        (a) Inapplicability of Matching Funds Requirements.--During the
    COVID-19 public health emergency period, the percentage specified in
    section 474(a)(7) of the Social Security Act is deemed to be 100
    percent.
        (b) Waiver of Evidence Standard.--During the COVID-19 public health
    emergency period, the requirement in section 474(a)(7) of the Social
    Security Act that the Secretary determine that a kinship navigator
    program be operated in accordance with promising, supported, or well-
    supported practices that meet the applicable criteria specified for the
    practices in section 471(e)(4)(C) of such Act shall have no force or
    effect, except that each State with such a program shall provide the
    Secretary with an assurance that the program will be, or is in the
    process of being, evaluated for the purpose of building an evidence
    base to later determine whether the program meets the criteria set
    forth in such section 471(e)(4)(C).
        (c) Other Allowable Uses of Funds.--A State may use funds provided
    to carry out a kinship navigator program--
            (1) for evaluations, independent systematic review, and related
        activities;
            (2) to provide short-term support to kinship families for
        direct services or assistance during the COVID-19 public health
        emergency period; and
            (3) to ensure that kinship caregivers have the information and
        resources to allow kinship families to function at their full
        potential, including--
                (A) ensuring that those who are at risk of contracting
            COVID-19 have access to information and resources for
            necessities, including food, safety supplies, and testing and
            treatment for COVID-19;
                (B) access to technology and technological supports needed
            for remote learning or other activities that must be carried
            out virtually due to the COVID-19 public health emergency;
                (C) health care and other assistance, including legal
            assistance and assistance with making alternative care plans
            for the children in their care if the caregivers were to become
            unable to continue caring for the children;
                (D) services to kinship families, including kinship
            families raising children outside of the foster care system;
            and
                (E) assistance to allow children to continue safely living
            with kin.
        (d) Territory Cap Exemption.--Section 1108(a)(1) of the Social
    Security Act shall be applied without regard to any amount paid to a
    territory pursuant to this section that would not have been paid to the
    territory in the absence of this section.
    SEC. 9. ADJUSTMENT OF FUNDING CERTAINTY BASELINES FOR FAMILY FIRST
    TRANSITION ACT FUNDING CERTAINTY GRANTS.
        Section 602(c)(2) of division N of the Further Consolidated
    Appropriations Act, 2020 (Public Law 116-94) is amended--
            (1) in subparagraph (C), in the matter preceding clause (i), by
        striking ``The calculation'' and inserting ``Except as provided in
        subparagraph (G), the calculation''; and
            (2) by adding at the end the following:
                ``(G) Adjustment of funding certainty baselines.--
                    ``(i) Hold harmless for temporary increase in fmap.--
                For each fiscal year specified in subparagraph (B), the
                Secretary shall increase the maximum capped allocation for
                fiscal year 2019 or the final cost neutrality limit for
                fiscal year 2018 for a State or sub-State jurisdiction
                referred to in subparagraph (A)(i), by the amount equal to
                the difference between--

                        ``(I) the amount of the foster care maintenance
                    payments portion of such maximum capped allocation or
                    final cost neutrality limit; and
                        ``(II) the amount that the foster care maintenance
                    payments portion of such maximum capped allocation or
                    final cost neutrality limit would be if the Federal
                    medical assistance percentage applicable to the State
                    under clause (ii) for the fiscal year so specified were
                    used to determine the amount of such portion.

                    ``(ii) Applicable federal medical assistance
                percentage.--For purposes of clause (i)(II), the Federal
                medical assistance percentage applicable to a State for a
                fiscal year specified in subparagraph (B) is the average of
                the values of the Federal medical assistance percentage
                applicable to the State in each quarter of such fiscal year
                under section 474(a)(1) of the Social Security Act (42
                U.S.C. 674(a)(1)) after application of any temporary
                increase in the Federal medical assistance percentage for
                the State and quarter under section 6008 of the Families
                First Coronavirus Response Act (42 U.S.C. 1396d note) and
                any other Federal legislation enacted during the period
                that begins on July 1, 2020, and ends on December 31,
                2021.''.
      SEC. 10. ALLOWING HOME VISITING PROGRAMS TO CONTINUE SERVING FAMILIES
          SAFELY.
        (a) In General.--For purposes of section 511 of the Social Security
    Act, during the COVID-19 public health emergency period--
            (1) a virtual home visit shall be considered a home visit;
            (2) funding for, and staffing levels of, a program conducted
        pursuant to such section shall not be reduced on account of reduced
        enrollment in the program; and
            (3) funds provided for such a program may be used--
                (A) to train home visitors in conducting a virtual home
            visit and in emergency preparedness and response planning for
            families served, and may include training on how to safely
            conduct intimate partner violence screenings remotely, training
            on safety and planning for families served;
                (B) for the acquisition by families enrolled in the program
            of such technological means as are needed to conduct and
            support a virtual home visit; and
                (C) to provide emergency supplies to families served,
            regardless of whether the provision of such supplies is within
            the scope of the approved program, such as diapers, formula,
            non-perishable food, water, hand soap, and hand sanitizer.
        (b) Virtual Home Visit Defined.--In subsection (a), the term
    ``virtual home visit'' means a home visit, as described in an
    applicable service delivery model, that is conducted solely by the use
    of electronic information and telecommunications technologies.
        (c) Authority to Delay Deadlines.--
            (1) In general.--The Secretary may extend the deadline by which
        a requirement of section 511 of the Social Security Act must be
        met, by such period of time as the Secretary deems appropriate,
        taking into consideration the impact of the COVID-19 public health
        emergency on eligible entity home visiting programs and the impact
        of families enrolled in home visiting programs. The Secretary may
        delay the deadline for submission, waive performance measures, or
        allow for alternative data sources to be used to show improvement
        in performance in the manner provided in section 511(d)(1) of such
        Act.
            (2) Delay of deadline for statewide needs assessment.--The
        Secretary may delay the October 1, 2020, deadline for reviewing and
        updating any needs assessment required by section 511(b)(1) or
        511(h)(2)(A) of the Social Security Act, but any such delay shall
        not affect the timing for, or amount of, any payment to the State
        involved from the fiscal year allotments available to the State
        under section 502(c) of such Act.
            (3) Guidance.--The Secretary shall provide to eligible entities
        funded under section 511 of the Social Security Act information on
        the parameters used in extending a deadline under paragraph (1) or
        (2) of this subsection.
        (d) Timely Release of Title V Funds.--The authorities provided in
    this section shall not be interpreted to authorize or require any delay
    in the timely release of funds under title V of the Social Security
    Act.
      SEC. 11. TECHNICAL CORRECTION TO TEMPORARY INCREASE OF MEDICAID FMAP.
        Section 6008 of the Families First Coronavirus Response Act (Public
    Law 116-127) is amended by adding at the end the following:
        ``(d) Application to Title IV-E Payments.--If the District of
    Columbia receives the increase described in subsection (a) in the
    Federal medical assistance percentage for the District of Columbia with
    respect to a quarter, the Federal medical assistance percentage for the
    District of Columbia, as so increased, shall apply to payments made to
    the District of Columbia under part E of title IV of the Social
    Security Act (42 U.S.C. 670 et seq.) for that quarter, and the payments
    under such part shall be deemed to be made on the basis of the Federal
    medical assistance percentage applied with respect to such District for
    purposes of title XIX of such Act (42 U.S.C. 1396 et seq.) and as
    increased under subsection (a).''.

                DIVISION Y--AMERICAN MINER BENEFITS IMPROVEMENT

    SEC. 1. SHORT TITLE.
        This division may be cited as the ``American Miner Benefits
    Improvement Act of 2020''.
    SEC. 2. TRANSFERS TO 1974UMWA PENSION PLAN.
        (a) In General.--Section 402(h)(2)(C)(ii) of the Surface Mining
    Control and Reclamation Act of 1977 (30 U.S.C. 1232(h)(2)(C)(ii)) is
    amended--
            (1) by striking ``the Bipartisan American Miners Act of 2019''
        each place it appears and inserting ``the American Miner Benefits
        Improvement Act of 2020'',
            (2) by striking ``or 2019'' in subclause (II) and inserting
        ``2019, or any year thereafter,''
            (3) by inserting before ``; and'' in subclause (II) the
        following: ``(or, in the case of any such health benefits confirmed
        in any bankruptcy proceeding, would be subsequently denied or
        reduced)'', and
            (4) by striking ``January 1, 2019'' in the second sentence and
        inserting ``January 1, 2020''.
        (b) Increase in Limitation to Account for Calculation of Health
    Benefit Plan Excess.--Section 402(i)(3) of such Act (30 U.S.C.
    1232(i)(3)) is amended by adding at the end the following new
    subparagraph:
                ``(C) Increase in limitation to account for calculation of
            health benefit plan excess.--The dollar limitation under
            subparagraph (A) shall be increased by the amount of the cost
            to provide benefits which are taken into account under
            subsection (h)(2)(C)(ii) solely by reason of the amendments
            made by section 2(a) of the American Miner Benefits Improvement
            Act of 2020.''.
        (c) Application.--
            (1) In general.--Except as provided in paragraph (2), the
        amendments made by this section shall take effect on the date of
        the enactment of this Act.
            (2) Subsection (a)(3).--The amendment made by subsection (a)(3)
        shall apply to denials and reductions after December 31, 2019.

                         DIVISION Z--ENERGY ACT OF 2020

        SEC. 101. SHORT TITLE; TABLE OF CONTENTS.
        (a) Short Title.--This division may be cited as the ``Energy Act of
    2020''.
        (b) Table of Contents.--The table of contents for this Act is as
    follows:

                         DIVISION Z--ENERGY ACT OF 2020

    Sec. 101. Short title; table of contents.

                               TITLE I--EFFICIENCY

    Sec. 1001. Coordination of energy retrofitting assistance for schools.
    Sec. 1002. Use of energy and water efficiency measures in Federal
              buildings.
    Sec. 1003. Energy efficient data centers.
    Sec. 1004. Energy-efficient and energy-saving information technologies.
    Sec. 1005. Extended Product System Rebate Program.
    Sec. 1006. Energy Efficient Transformer Rebate Program.
    Sec. 1007. Smart building acceleration.
    Sec. 1008. Modifications to the ceiling fan energy conservation
              standard.
    Sec. 1009. Report on electrochromic glass.
    Sec. 1010. Energy and water for sustainability.
    Sec. 1011. Weatherization Assistance Program.
    Sec. 1012. Federal Energy Management Program.
    Sec. 1013. CHP Technical Assistance Partnership Program.
    Sec. 1014. Smart energy water efficiency pilot program.

                                TITLE II--NUCLEAR

    Sec. 2001. Advanced Nuclear Fuel Availability.
    Sec. 2002. Amendments to definitions in Energy Policy Act of 2005.
    Sec. 2003. Nuclear energy research, development, demonstration, and
              commercial application programs.
    Sec. 2004. High-performance computation collaborative research program.
    Sec. 2005. Nuclear energy budget plan.
    Sec. 2006. Organization and administration of programs.
    Sec. 2007. Extension and expansion of limitations on importation of
              uranium from Russian Federation.
    Sec. 2008. Fusion energy research.

                     TITLE III--RENEWABLE ENERGY AND STORAGE

              Subtitle A--Renewable Energy Research and Development

    Sec. 3001. Water power research and development.
    Sec. 3002. Advanced geothermal innovation leadership.
    Sec. 3003. Wind energy research and development.
    Sec. 3004. Solar energy research and development.
    Sec. 3005. Hydroelectric production incentives and efficiency
              improvements.
    Sec. 3006. Conforming amendments.

                    Subtitle B--Natural Resources Provisions

    Sec. 3101. Definitions.
    Sec. 3102. Program to improve eligible project permit coordination.
    Sec. 3103. Increasing economic certainty.
    Sec. 3104. National goal for renewable energy production on Federal
              land.
    Sec. 3105. Facilitation of coproduction of geothermal energy on oil and
              gas leases.
    Sec. 3106. Savings clause.

                           Subtitle C--Energy Storage

    Sec. 3201. Better energy storage technology.
    Sec. 3202. Energy storage technology and microgrid assistance program.

                           TITLE IV--CARBON MANAGEMENT

    Sec. 4001. Fossil energy.
    Sec. 4002. Establishment of carbon capture technology program.
    Sec. 4003. Carbon storage validation and testing.
    Sec. 4004. Carbon utilization program.
    Sec. 4005. High efficiency turbines.
    Sec. 4006. National energy technology laboratory reforms.
    Sec. 4007. Study on Blue Hydrogen Technology.
    Sec. 4008. Produced water research and development.

                             TITLE V--CARBON REMOVAL

    Sec. 5001. Carbon removal.
    Sec. 5002. Carbon dioxide removal task force and report.

               TITLE VI--INDUSTRIAL AND MANUFACTURING TECHNOLOGIES

    Sec. 6001. Purpose.
    Sec. 6002. Coordination of research and development of energy efficient
              technologies for industry.
    Sec. 6003. Industrial emissions reduction technology development
              program.
    Sec. 6004. Industrial Technology Innovation Advisory Committee.
    Sec. 6005. Technical assistance program to implement industrial
              emissions reduction.
    Sec. 6006. Development of national smart manufacturing plan.

                          TITLE VII--CRITICAL MINERALS

    Sec. 7001. Rare earth elements.
    Sec. 7002. Mineral security.
    Sec. 7003. Monitoring mineral investments under Belt and Road Initiative
              of People's Republic of China.

                         TITLE VIII--GRID MODERNIZATION

    Sec. 8001. Smart grid regional demonstration initiative.
    Sec. 8002. Smart grid modeling, visualization, architecture, and
              controls.
    Sec. 8003. Integrated energy systems.
    Sec. 8004. Grid integration research and development.
    Sec. 8005. Advisory committee.
    Sec. 8006. Coordination of efforts.
    Sec. 8007. Technology demonstration on the distribution grid.
    Sec. 8008. Voluntary model pathways.
    Sec. 8009. Performance metrics for electricity infrastructure providers.
    Sec. 8010. Voluntary State, regional, and local electricity distribution
              planning.
    Sec. 8011. Micro-grid and integrated micro-grid systems program.
    Sec. 8012. Technical amendments; authorization of appropriations.
    Sec. 8013. Indian energy.
    Sec. 8014. Report on electricity access and reliability.
    Sec. 8015. Net metering study and evaluation.

                    TITLE IX--DEPARTMENT OF ENERGY INNOVATION

    Sec. 9001. Office of technology transitions.
    Sec. 9002. Lab partnering service pilot program.
    Sec. 9003. Technology commercialization fund.
    Sec. 9004. Streamlining prize competitions.
    Sec. 9005. Milestone-based demonstration projects.
    Sec. 9006. Other transaction authority extension.
    Sec. 9007. Technology transfer reports and evaluation.
    Sec. 9008. Veterans' health initiative.
    Sec. 9009. Sustainable Transportation Research and Development.
    Sec. 9010. Loan program office title XVII reform.
    Sec. 9011. Established Program to Stimulate Competitive Research.

                           TITLE X--ARPA-E AMENDMENTS

    Sec. 10001. ARPA-E amendments.

                             TITLE XI--OTHER MATTERS

    Sec. 11001. Low-Dose Radiation Research.
    Sec. 11002. Authorization.
    Sec. 11003. Sense of Congress.
    Sec. 11004. Addressing insufficient compensation of employees and other
              personnel of the Federal Energy Regulatory Commission.
    Sec. 11005. Report on the authority of the Secretary of Energy to
              implement flexible compensation models.

                              TITLE I--EFFICIENCY

    SEC. 1001. COORDINATION OF ENERGY RETROFITTING ASSISTANCE FOR SCHOOLS.
        (a) Definition of School.--In this section, the term ``school''
    means--
            (1) an elementary school or secondary school (as defined in
        section 8101 of the Elementary and Secondary Education Act of 1965
        (20 U.S.C. 7801));
            (2) an institution of higher education (as defined in section
        101(a) of the Higher Education Act of 1965 (20 U.S.C. 1001(a)));
            (3) a postsecondary vocational institution (as defined in
        section 102(c) of the Higher Education Act of 1965 (20 U.S.C.
        1002(c)));
            (4) a school of the defense dependents' education system under
        the Defense Dependents' Education Act of 1978 (20 U.S.C. 921 et
        seq.) or established under section 2164 of title 10, United States
        Code;
            (5) a school operated by the Bureau of Indian Education;
            (6) a tribally controlled school (as defined in section 5212 of
        the Tribally Controlled Schools Act of 1988 (25 U.S.C. 2511)); and
            (7) a Tribal College or University (as defined in section
        316(b) of the Higher Education Act of 1965 (20 U.S.C. 1059c(b))).
        (b) Designation of Lead Agency.--The Secretary of Energy (in this
    section referred to as the ``Secretary''), acting through the Office of
    Energy Efficiency and Renewable Energy, shall act as the lead Federal
    agency for coordinating and disseminating information on existing
    Federal programs and assistance that may be used to help initiate,
    develop, and finance energy efficiency, renewable energy, and energy
    retrofitting projects for schools.
        (c) Requirements.--In carrying out coordination and outreach under
    subsection (b), the Secretary shall--
            (1) in consultation and coordination with the appropriate
        Federal agencies, carry out a review of existing programs and
        financing mechanisms (including revolving loan funds and loan
        guarantees) available in or from the Department of Agriculture, the
        Department of Energy, the Department of Education, the Department
        of the Treasury, the Internal Revenue Service, the Environmental
        Protection Agency, and other appropriate Federal agencies with
        jurisdiction over energy financing and facilitation that are
        currently used or may be used to help initiate, develop, and
        finance energy efficiency, renewable energy, and energy
        retrofitting projects for schools;
            (2) establish a Federal cross-departmental collaborative
        coordination, education, and outreach effort to streamline
        communication and promote available Federal opportunities and
        assistance described in paragraph (1), for energy efficiency,
        renewable energy, and energy retrofitting projects that enables
        States, local educational agencies, and schools--
                (A) to use existing Federal opportunities more effectively;
            and
                (B) to form partnerships with Governors, State energy
            programs, local educational, financial, and energy officials,
            State and local government officials, nonprofit organizations,
            and other appropriate entities, to support the initiation of
            the projects;
            (3) provide technical assistance for States, local educational
        agencies, and schools to help develop and finance energy
        efficiency, renewable energy, and energy retrofitting projects--
                (A) to increase the energy efficiency of buildings or
            facilities;
                (B) to install systems that individually generate energy
            from renewable energy resources;
                (C) to establish partnerships to leverage economies of
            scale and additional financing mechanisms available to larger
            clean energy initiatives; or
                (D) to promote--
                    (i) the maintenance of health, environmental quality,
                and safety in schools, including the ambient air quality,
                through energy efficiency, renewable energy, and energy
                retrofit projects; and
                    (ii) the achievement of expected energy savings and
                renewable energy production through proper operations and
                maintenance practices;
            (4) develop and maintain a single online resource website with
        contact information for relevant technical assistance and support
        staff in the Office of Energy Efficiency and Renewable Energy for
        States, local educational agencies, and schools to effectively
        access and use Federal opportunities and assistance described in
        paragraph (1) to develop energy efficiency, renewable energy, and
        energy retrofitting projects; and
            (5) establish a process for recognition of schools that--
                (A) have successfully implemented energy efficiency,
            renewable energy, and energy retrofitting projects; and
                (B) are willing to serve as resources for other local
            educational agencies and schools to assist initiation of
            similar efforts.
        (d) Report.--Not later than 180 days after the date of enactment of
    this Act, the Secretary shall submit to Congress a report describing
    the implementation of this section.
    SEC. 1002. USE OF ENERGY AND WATER EFFICIENCY MEASURES IN FEDERAL
    BUILDINGS.
        (a) Reports.--Section 548(b) of the National Energy Conservation
    Policy Act (42 U.S.C. 8258(b)) is amended--
            (1) in paragraph (3), by striking ``and'' at the end;
            (2) in paragraph (4), by striking the period at the end and
        inserting ``; and''; and
            (3) by adding at the end the following:
            ``(5)(A) the status of the energy savings performance contracts
        and utility energy service contracts of each agency, to the extent
        that the information is not duplicative of information provided to
        the Secretary under a separate authority;
            ``(B) the quantity and investment value of the contracts for
        the previous year;
            ``(C) the guaranteed energy savings, or for contracts without a
        guarantee, the estimated energy savings, for the previous year, as
        compared to the measured energy savings for the previous year;
            ``(D) a forecast of the estimated quantity and investment value
        of contracts anticipated in the following year for each agency; and
            ``(E)(i) a comparison of the information described in
        subparagraph (B) and the forecast described in subparagraph (D) in
        the report of the previous year; and
            ``(ii) if applicable, the reasons for any differences in the
        data compared under clause (i).''.
        (b) Definition of Energy Conservation Measures.--Section 551(4) of
    the National Energy Conservation Policy Act (42 U.S.C. 8259(4)) is
    amended by striking ``or retrofit activities'' and inserting ``retrofit
    activities, or energy consuming devices and required support
    structures''.
        (c) Authority to Enter Into Contracts.--Section 801(a)(2)(F) of the
    National Energy Conservation Policy Act (42 U.S.C. 8287(a)(2)(F)) is
    amended--
            (1) in clause (i), by striking ``or'' at the end;
            (2) in clause (ii), by striking the period at the end and
        inserting ``; or''; and
            (3) by adding at the end the following:
                    ``(iii) limit the recognition of operation and
                maintenance savings associated with systems modernized or
                replaced with the implementation of energy conservation
                measures, water conservation measures, or any combination
                of energy conservation measures and water conservation
                measures.''.
        (d) Miscellaneous Authority; Excluded Contracts.--Section 801(a)(2)
    of the National Energy Conservation Policy Act (42 U.S.C. 8287(a)(2))
    is amended by adding at the end the following:
                ``(H) Miscellaneous authority.--Notwithstanding subtitle I
            of title 40, United States Code, a Federal agency may accept,
            retain, sell, or transfer, and apply the proceeds of the sale
            or transfer of, any energy and water incentive, rebate, grid
            services revenue, or credit (including a renewable energy
            certificate) to fund a contract under this title.
                ``(I) Excluded contracts.--A contract entered into under
            this title may not be for work performed--
                    ``(i) at a Federal hydroelectric facility that provides
                power marketed by a Power Marketing Administration; or
                    ``(ii) at a hydroelectric facility owned and operated
                by the Tennessee Valley Authority established under the
                Tennessee Valley Authority Act of 1933 (16 U.S.C. 831 et
                seq.).''.
        (e) Payment of Costs.--Section 802 of the National Energy
    Conservation Policy Act (42 U.S.C. 8287a) is amended by striking ``(and
    related operation and maintenance expenses)'' and inserting ``,
    including related operations and maintenance expenses''.
        (f) Definition of Energy Savings.--Section 804(2) of the National
    Energy Conservation Policy Act (42 U.S.C. 8287c(2)) is amended--
            (1) in subparagraph (A), by striking ``federally owned building
        or buildings or other federally owned facilities'' and inserting
        ``Federal building (as defined in section 551)'' each place it
        appears;
            (2) in subparagraph (C), by striking ``; and'' and inserting a
        semicolon;
            (3) in subparagraph (D), by striking the period at the end and
        inserting a semicolon; and
            (4) by adding at the end the following:
                ``(E) the use, sale, or transfer of any energy and water
            incentive, rebate, grid services revenue, or credit (including
            a renewable energy certificate); and
                ``(F) any revenue generated from a reduction in energy or
            water use, more efficient waste recycling, or additional energy
            generated from more efficient equipment.''.
        (g) Energy and Water Conservation Measures.--Section 543 of the
    National Energy Conservation Policy Act (42 U.S.C. 8253) is amended--
            (1) in the section heading, by inserting ``and water'' after
        ``energy'';
            (2) in subsection (b)--
                (A) in the subsection heading, by inserting ``and Water''
            after ``Energy''; and
                (B) by striking paragraphs (1) and (2) and inserting the
            following:
            ``(1) In general.--Each agency shall--
                ``(A) not later than October 1, 2022, to the maximum extent
            practicable, begin installing in Federal buildings owned by the
            United States all energy and water conservation measures
            determined by the Secretary to be life cycle cost-effective (as
            defined in subsection (f)(1)); and
                ``(B) complete the installation described in subparagraph
            (A) as soon as practicable after the date referred to in that
            subparagraph.
            ``(2) Explanation of noncompliance.--
                ``(A) In general.--If an agency fails to comply with
            paragraph (1), the agency shall submit to the Secretary, using
            guidelines developed by the Secretary, an explanation of the
            reasons for the failure.
                ``(B) Report to congress.--Not later than January 1, 2022,
            and every 2 years thereafter, the Secretary shall submit to
            Congress a report that describes any noncompliance by an agency
            with the requirements of paragraph (1).'';
            (3) in subsection (c)(1)--
                (A) in subparagraph (A)--
                    (i) in the matter preceding clause (i), by striking
                ``An agency'' and inserting ``The head of each agency'';
                and
                    (ii) by inserting ``or water'' after ``energy'' each
                place it appears; and
                (B) in subparagraph (B)(i), by inserting ``or water'' after
            ``energy'';
            (4) in subsection (d)(2), by inserting ``and water'' after
        ``energy'';
            (5) in subsection (e)--
                (A) in the subsection heading, by inserting ``and Water''
            after ``Energy'';
                (B) in paragraph (1)--
                    (i) in the first sentence--

                        (I) by striking ``October 1, 2012'' and inserting
                    ``October 1, 2022'';
                        (II) by inserting ``and water'' after ``energy'';
                    and
                        (III) by inserting ``and water'' after
                    ``electricity'';

                    (ii) in the second sentence, by inserting ``and water''
                after ``electricity''; and
                    (iii) in the fourth sentence, by inserting ``and
                water'' after ``energy'';
                (C) in paragraph (2)--
                    (i) in subparagraph (A)--

                        (I) by striking ``and'' before ``Federal''; and
                        (II) by inserting ``and any other person the
                    Secretary deems necessary,'' before ``shall'';

                    (ii) in subparagraph (B)--

                        (I) in clause (i)(II), by inserting ``and water''
                    after ``energy'' each place it appears;
                        (II) in clause (ii), by inserting ``and water''
                    after ``energy''; and
                        (III) in clause (iv), by inserting ``and water''
                    after ``energy''; and

                    (iii) by adding at the end the following:
                ``(C) Update.--Not later than 180 days after the date of
            enactment of this subparagraph, the Secretary shall update the
            guidelines established under subparagraph (A) to take into
            account water efficiency requirements under this section.'';
                (D) in paragraph (3), in the matter preceding subparagraph
            (A), by striking ``established under paragraph (2)'' and
            inserting ``updated under paragraph (2)(C)''; and
                (E) in paragraph (4)--
                    (i) in subparagraph (A)--

                        (I) by striking ``this paragraph'' and inserting
                    ``the Energy Act of 2020''; and
                        (II) by inserting ``and water'' before ``use in'';
                    and

                    (ii) in subparagraph (B)(ii), in the matter preceding
                subclause (I), by inserting ``and water'' after ``energy'';
                and
            (6) in subsection (f)--
                (A) in paragraph (1)--
                    (i) by redesignating subparagraphs (E), (F), and (G) as
                subparagraphs (F), (G), and (H), respectively; and
                    (ii) by inserting after subparagraph (D) the following:
                ``(E) Ongoing commissioning.--The term `ongoing
            commissioning' means an ongoing process of commissioning using
            monitored data, the primary goal of which is to ensure
            continuous optimum performance of a facility, in accordance
            with design or operating needs, over the useful life of the
            facility, while meeting facility occupancy requirements.'';
                (B) in paragraph (2)--
                    (i) in subparagraph (A), by inserting ``and water''
                before ``use'';
                    (ii) in subparagraph (B)--

                        (I) by striking ``energy'' before ``efficiency'';
                    and
                        (II) by inserting ``or water'' before ``use''; and

                    (iii) by adding at the end the following:
                ``(C) Energy management system.--An energy manager
            designated for a facility under subparagraph (A) shall take
            into consideration--
                    ``(i) the use of a system to manage energy and water
                use at the facility; and
                    ``(ii) the applicability of the certification of the
                facility in accordance with the International Organization
                for Standardization standard numbered 50001 and entitled
                `Energy Management Systems'.'';
                (C) by striking paragraphs (3) and (4) and inserting the
            following:
            ``(3) Energy and water evaluations and commissioning.--
                ``(A) Evaluations.--Except as provided in subparagraph (B),
            not later than the date that is 180 days after the date of
            enactment of the Energy Act of 2020, and annually thereafter,
            each energy manager shall complete, for the preceding calendar
            year, a comprehensive energy and water evaluation and
            recommissioning or retrocommissioning for approximately 25
            percent of the facilities of the applicable agency that meet
            the criteria under paragraph (2)(B) in a manner that ensures
            that an evaluation of each facility is completed not less
            frequently than once every 4 years.
                ``(B) Exceptions.--An evaluation and recommissioning or
            retrocommissioning shall not be required under subparagraph (A)
            with respect to a facility that, as of the date on which the
            evaluation and recommissioning or retrocommissioning would
            occur--
                    ``(i) has had a comprehensive energy and water
                evaluation during the preceding 8-year period;
                    ``(ii)(I) has been commissioned, recommissioned, or
                retrocommissioned during the preceding 10-year period; or
                    ``(II) is under ongoing commissioning, recommissioning,
                or retrocomissioning;
                    ``(iii) has not had a major change in function or use
                since the previous evaluation and recommissioning or
                retrocommissioning;
                    ``(iv) has been benchmarked with public disclosure
                under paragraph (8) during the preceding calendar year; and
                    ``(v)(I) based on the benchmarking described in clause
                (iv), has achieved at a facility level the most recent
                cumulative energy savings target under subsection (a)
                compared to the earlier of--

                        ``(aa) the date of the most recent evaluation; or
                        ``(bb) the date--

                            ``(AA) of the most recent commissioning,
                        recommissioning, or retrocommissioning; or
                            ``(BB) on which ongoing commissioning began; or
                    ``(II) has a long-term contract in place guaranteeing
                energy savings at least as great as the energy savings
                target under subclause (I).
            ``(4) Implementation of identified energy and water efficiency
        measures.--
                ``(A) In general.--Not later than 2 years after the date of
            completion of each evaluation under paragraph (3), each energy
            manager shall implement any energy- or water-saving measure
            that--
                    ``(i) the Federal agency identified in the evaluation;
                and
                    ``(ii) is life cycle cost-effective, as determined by
                evaluating an individual measure or a bundle of measures
                with varying paybacks.
                ``(B) Performance contracting.--Each Federal agency shall
            use performance contracting to address at least 50 percent of
            the measures identified under subparagraph (A)(i).'';
                (D) in paragraph (7)(B)(ii)(II), by inserting ``and water''
            after ``energy''; and
                (E) in paragraph (9)(A), in the matter preceding clause
            (i), by inserting ``and water'' after ``energy''.
        (h) Conforming Amendment.--The table of contents for the National
    Energy Conservation Policy Act (Public Law 95-619; 92 Stat. 3206) is
    amended by striking the item relating to section 543 and inserting the
    following:

    ``Sec. 543. Energy and water management requirements.''.
    SEC. 1003. ENERGY EFFICIENT DATA CENTERS.
        Section 453 of the Energy Independence and Security Act of 2007 (42
    U.S.C. 17112) is amended--
            (1) in subsection (b)--
                (A) in paragraph (2)(D)(iv), by striking ``determined by
            the organization'' and inserting ``proposed by the
            stakeholders''; and
                (B) by striking paragraph (3); and
            (2) by striking subsections (c) through (g) and inserting the
        following:
        ``(c) Stakeholder Involvement.--
            ``(1) In general.--The Secretary and the Administrator shall
        carry out subsection (b) in collaboration with the information
        technology industry and other key stakeholders, with the goal of
        producing results that accurately reflect the most relevant and
        useful information.
            ``(2) Considerations.--In carrying out the collaboration
        described in paragraph (1), the Secretary and the Administrator
        shall pay particular attention to organizations that--
                ``(A) have members with expertise in energy efficiency and
            in the development, operation, and functionality of data
            centers, information technology equipment, and software,
            including representatives of hardware manufacturers, data
            center operators, and facility managers;
                ``(B) obtain and address input from the National
            Laboratories (as that term is defined in section 2 of the
            Energy Policy Act of 2005 (42 U.S.C. 15801)) or any institution
            of higher education, research institution, industry
            association, company, or public interest group with applicable
            expertise;
                ``(C) follow--
                    ``(i) commonly accepted procedures for the development
                of specifications; and
                    ``(ii) accredited standards development processes; or
                ``(D) have a mission to promote energy efficiency for data
            centers and information technology.
        ``(d) Measurements and Specifications.--The Secretary and the
    Administrator shall consider and assess the adequacy of the
    specifications, measurements, best practices, and benchmarks described
    in subsection (b) for use by the Federal Energy Management Program, the
    Energy Star Program, and other efficiency programs of the Department of
    Energy or the Environmental Protection Agency.
        ``(e) Study.--
            ``(1) Definition of report.--In this subsection, the term
        `report' means the report of the Lawrence Berkeley National
        Laboratory entitled `United States Data Center Energy Usage Report'
        and dated June 2016, which was prepared as an update to the `Report
        to Congress on Server and Data Center Energy Efficiency', published
        on August 2, 2007, pursuant to section 1 of Public Law 109-431 (120
        Stat. 2920).
            ``(2) Study.--Not later than 4 years after the date of
        enactment of the Energy Act of 2020, the Secretary, in
        collaboration with the Administrator, shall make available to the
        public an update to the report that provides--
                ``(A) a comparison and gap analysis of the estimates and
            projections contained in the report with new data regarding the
            period from 2015 through 2019;
                ``(B) an analysis considering the impact of information
            technologies, including virtualization and cloud computing, in
            the public and private sectors;
                ``(C) an evaluation of the impact of the combination of
            cloud platforms, mobile devices, social media, and big data on
            data center energy usage;
                ``(D) an evaluation of water usage in data centers and
            recommendations for reductions in that water usage; and
                ``(E) updated projections and recommendations for best
            practices through fiscal year 2025.
        ``(f) Data Center Energy Practitioner Program.--
            ``(1) In general.--The Secretary, in collaboration with key
        stakeholders and the Director of the Office of Management and
        Budget, shall maintain a data center energy practitioner program
        that provides for the certification of energy practitioners
        qualified to evaluate the energy usage and efficiency opportunities
        in federally owned and operated data centers.
            ``(2) Evaluations.--Each Federal agency shall consider having
        the data centers of the agency evaluated once every 4 years by
        energy practitioners certified pursuant to the program, whenever
        practicable using certified practitioners employed by the agency.
        ``(g) Open Data Initiative.--
            ``(1) In general.--The Secretary, in collaboration with key
        stakeholders and the Director of the Office of Management and
        Budget, shall establish an open data initiative relating to energy
        usage at federally owned and operated data centers, with the
        purpose of making the data available and accessible in a manner
        that encourages further data center innovation, optimization, and
        consolidation.
            ``(2) Consideration.--In establishing the initiative under
        paragraph (1), the Secretary shall consider using the online Data
        Center Maturity Model.
        ``(h) International Specifications and Metrics.--The Secretary, in
    collaboration with key stakeholders, shall actively participate in
    efforts to harmonize global specifications and metrics for data center
    energy and water efficiency.
        ``(i) Data Center Utilization Metric.--The Secretary, in
    collaboration with key stakeholders, shall facilitate in the
    development of an efficiency metric that measures the energy efficiency
    of a data center (including equipment and facilities).
        ``(j) Protection of Proprietary Information.--The Secretary and the
    Administrator shall not disclose any proprietary information or trade
    secrets provided by any individual or company for the purposes of
    carrying out this section or the programs and initiatives established
    under this section.''.
    SEC. 1004. ENERGY-EFFICIENT AND ENERGY-SAVING INFORMATION TECHNOLOGIES.
        Section 543 of the National Energy Conservation Policy Act (42
    U.S.C. 8253) is amended by adding at the end the following:
        ``(h) Federal Implementation Strategy for Energy-Efficient and
    Energy-Saving Information Technologies.--
            ``(1) Definitions.--In this subsection:
                ``(A) Director.--The term `Director' means the Director of
            the Office of Management and Budget.
                ``(B) Information technology.--The term `information
            technology' has the meaning given that term in section 11101 of
            title 40, United States Code.
            ``(2) Development of implementation strategy.--Not later than 1
        year after the date of enactment of the Energy Act of 2020, each
        Federal agency shall coordinate with the Director, the Secretary,
        and the Administrator of the Environmental Protection Agency to
        develop an implementation strategy (including best-practices and
        measurement and verification techniques) for the maintenance,
        purchase, and use by the Federal agency of energy-efficient and
        energy-saving information technologies at or for facilities owned
        and operated by the Federal agency, taking into consideration the
        performance goals established under paragraph (4).
            ``(3) Administration.--In developing an implementation strategy
        under paragraph (2), each Federal agency shall consider--
                ``(A) advanced metering infrastructure;
                ``(B) energy efficient data center strategies and methods
            of increasing asset and infrastructure utilization;
                ``(C) advanced power management tools;
                ``(D) building information modeling, including building
            energy management;
                ``(E) secure telework and travel substitution tools; and
                ``(F) mechanisms to ensure that the agency realizes the
            energy cost savings of increased efficiency and utilization.
            ``(4) Performance goals.--
                ``(A) In general.--Not later than 180 days after the date
            of enactment of the Energy Act of 2020, the Director, in
            consultation with the Secretary, shall establish performance
            goals for evaluating the efforts of Federal agencies in
            improving the maintenance, purchase, and use of energy-
            efficient and energy-saving information technology at or for
            facilities owned and operated by the Federal agencies.
                ``(B) Best practices.--The Chief Information Officers
            Council established under section 3603 of title 44, United
            States Code, shall recommend best practices for the attainment
            of the performance goals established under subparagraph (A),
            which shall include, to the extent applicable by law,
            consideration by a Federal agency of the use of--
                    ``(i) energy savings performance contracting; and
                    ``(ii) utility energy services contracting.
            ``(5) Reports.--
                ``(A) Agency reports.--Each Federal agency shall include in
            the report of the agency under section 527 of the Energy
            Independence and Security Act of 2007 (42 U.S.C. 17143) a
            description of the efforts and results of the agency under this
            subsection.
                ``(B) OMB government efficiency reports and scorecards.--
            Effective beginning not later than October 1, 2022, the
            Director shall include in the annual report and scorecard of
            the Director required under section 528 of the Energy
            Independence and Security Act of 2007 (42 U.S.C. 17144) a
            description of the efforts and results of Federal agencies
            under this subsection.
                ``(C) Use of existing reporting structures.--The Director
            may require Federal agencies to submit any information required
            to be submitted under this subsection though reporting
            structures in use as of the date of enactment of the Energy Act
            of 2020.''.
    SEC. 1005. EXTENDED PRODUCT SYSTEM REBATE PROGRAM.
        (a) Definitions.--In this section:
            (1) Electric motor.--The term ``electric motor'' has the
        meaning given the term in section 431.12 of title 10, Code of
        Federal Regulations (as in effect on the date of enactment of this
        Act).
            (2) Electronic control.--The term ``electronic control''
        means--
                (A) a power converter; or
                (B) a combination of a power circuit and control circuit
            included on 1 chassis.
            (3) Extended product system.--The term ``extended product
        system'' means an electric motor and any required associated
        electronic control and driven load that--
                (A) offers variable speed or multispeed operation;
                (B) offers partial load control that reduces input energy
            requirements (as measured in kilowatt-hours) as compared to
            identified base levels set by the Secretary of Energy (in this
            section referred to as the ``Secretary''); and
                (C)(i) has greater than 1 horsepower; and
                (ii) uses an extended product system technology, as
            determined by the Secretary.
            (4) Qualified extended product system.--
                (A) In general.--The term ``qualified extended product
            system'' means an extended product system that--
                    (i) includes an electric motor and an electronic
                control; and
                    (ii) reduces the input energy (as measured in kilowatt-
                hours) required to operate the extended product system by
                not less than 5 percent, as compared to identified base
                levels set by the Secretary.
                (B) Inclusions.--The term ``qualified extended product
            system'' includes commercial or industrial machinery or
            equipment that--
                    (i)(I) did not previously make use of the extended
                product system prior to the redesign described in subclause
                (II); and
                    (II) incorporates an extended product system that has
                greater than 1 horsepower into redesigned machinery or
                equipment; and
                    (ii) was previously used prior to, and was placed back
                into service during, calendar year 2021 or 2022.
        (b) Establishment.--Not later than 180 days after the date of
    enactment of this Act, the Secretary shall establish a program to
    provide rebates for expenditures made by qualified entities for the
    purchase or installation of a qualified extended product system.
        (c) Qualified Entities.--
            (1) Eligibility requirements.--A qualified entity under this
        section shall be--
                (A) in the case of a qualified extended product system
            described in subsection (a)(4)(A), the purchaser of the
            qualified extended product that is installed; and
                (B) in the case of a qualified extended product system
            described in subsection (a)(4)(B), the manufacturer of the
            commercial or industrial machinery or equipment that
            incorporated the extended product system into that machinery or
            equipment.
            (2) Application.--To be eligible to receive a rebate under this
        section, a qualified entity shall submit to the Secretary--
                (A) an application in such form, at such time, and
            containing such information as the Secretary may require; and
                (B) a certification that includes demonstrated evidence--
                    (i) that the entity is a qualified entity; and
                    (ii)(I) in the case of a qualified entity described in
                paragraph (1)(A)--

                        (aa) that the qualified entity installed the
                    qualified extended product system during the 2 fiscal
                    years following the date of enactment of this Act;
                        (bb) that the qualified extended product system
                    meets the requirements of subsection (a)(4)(A); and
                        (cc) showing the serial number, manufacturer, and
                    model number from the nameplate of the installed motor
                    of the qualified entity on which the qualified extended
                    product system was installed; or

                    (II) in the case of a qualified entity described in
                paragraph (1)(B), demonstrated evidence--

                        (aa) that the qualified extended product system
                    meets the requirements of subsection (a)(4)(B); and
                        (bb) showing the serial number, manufacturer, and
                    model number from the nameplate of the installed motor
                    of the qualified entity with which the extended product
                    system is integrated.

        (d) Authorized Amount of Rebate.--
            (1) In general.--The Secretary may provide to a qualified
        entity a rebate in an amount equal to the product obtained by
        multiplying--
                (A) an amount equal to the sum of the nameplate rated
            horsepower of--
                    (i) the electric motor to which the qualified extended
                product system is attached; and
                    (ii) the electronic control; and
                (B) $25.
            (2) Maximum aggregate amount.--A qualified entity shall not be
        entitled to aggregate rebates under this section in excess of
        $25,000 per calendar year.
        (e) Authorization of Appropriations.--There is authorized to be
    appropriated to carry out this section $5,000,000 for each of fiscal
    years 2022 and 2023.
    SEC. 1006. ENERGY EFFICIENT TRANSFORMER REBATE PROGRAM.
        (a) Definitions.--In this section:
            (1) Qualified energy efficient transformer.--The term
        ``qualified energy efficient transformer'' means a transformer that
        meets or exceeds the applicable energy conservation standards
        described in the tables in subsection (b)(2) and paragraphs (1) and
        (2) of subsection (c) of section 431.196 of title 10, Code of
        Federal Regulations (as in effect on the date of enactment of this
        Act).
            (2) Qualified energy inefficient transformer.--The term
        ``qualified energy inefficient transformer'' means a transformer
        with an equal number of phases and capacity to a transformer
        described in any of the tables in subsection (b)(2) and paragraphs
        (1) and (2) of subsection (c) of section 431.196 of title 10, Code
        of Federal Regulations (as in effect on the date of enactment of
        this Act) that--
                (A) does not meet or exceed the applicable energy
            conservation standards described in paragraph (1); and
                (B)(i) was manufactured between January 1, 1987, and
            December 31, 2008, for a transformer with an equal number of
            phases and capacity as a transformer described in the table in
            subsection (b)(2) of section 431.196 of title 10, Code of
            Federal Regulations (as in effect on the date of enactment of
            this Act); or
                (ii) was manufactured between January 1, 1992, and December
            31, 2011, for a transformer with an equal number of phases and
            capacity as a transformer described in the table in paragraph
            (1) or (2) of subsection (c) of that section (as in effect on
            the date of enactment of this Act).
            (3) Qualified entity.--The term ``qualified entity'' means an
        owner of industrial or manufacturing facilities, commercial
        buildings, or multifamily residential buildings, a utility, or an
        energy service company that fulfills the requirements of subsection
        (c).
        (b) Establishment.--Not later than 90 days after the date of
    enactment of this Act, the Secretary of Energy (in this section
    referred to as the ``Secretary'') shall establish a program to provide
    rebates to qualified entities for expenditures made by the qualified
    entity for the replacement of a qualified energy inefficient
    transformer with a qualified energy efficient transformer.
        (c) Requirements.--To be eligible to receive a rebate under this
    section, an entity shall submit to the Secretary an application in such
    form, at such time, and containing such information as the Secretary
    may require, including demonstrated evidence--
            (1) that the entity purchased a qualified energy efficient
        transformer;
            (2) of the core loss value of the qualified energy efficient
        transformer;
            (3) of the age of the qualified energy inefficient transformer
        being replaced;
            (4) of the core loss value of the qualified energy inefficient
        transformer being replaced--
                (A) as measured by a qualified professional or verified by
            the equipment manufacturer, as applicable; or
                (B) for transformers described in subsection (a)(2)(B)(i),
            as selected from a table of default values as determined by the
            Secretary in consultation with applicable industry; and
            (5) that the qualified energy inefficient transformer has been
        permanently decommissioned and scrapped.
        (d) Authorized Amount of Rebate.--The amount of a rebate provided
    under this section shall be--
            (1) for a 3-phase or single-phase transformer with a capacity
        of not less than 10 and not greater than 2,500 kilovolt-amperes,
        twice the amount equal to the difference in Watts between the core
        loss value (as measured in accordance with paragraphs (2) and (4)
        of subsection (c)) of--
                (A) the qualified energy inefficient transformer; and
                (B) the qualified energy efficient transformer; or
            (2) for a transformer described in subsection (a)(2)(B)(i), the
        amount determined using a table of default rebate values by rated
        transformer output, as measured in kilovolt-amperes, as determined
        by the Secretary in consultation with applicable industry.
        (e) Authorization of Appropriations.--There is authorized to be
    appropriated to carry out this section $5,000,000 for each of fiscal
    years 2022 and 2023.
        (f) Termination of Effectiveness.--The authority provided by this
    section terminates on December 31, 2023.
    SEC. 1007. SMART BUILDING ACCELERATION.
        (a) Definitions.--In this section:
            (1) Department.--The term ``Department'' means the Department
        of Energy.
            (2) Program.--The term ``program'' means the Federal Smart
        Building Program established under subsection (b)(1).
            (3) Secretary.--The term ``Secretary'' means the Secretary of
        Energy.
            (4) Smart building.--The term ``smart building'' means a
        building, or collection of buildings, with an energy system that--
                (A) is flexible and automated;
                (B) has extensive operational monitoring and communication
            connectivity, allowing remote monitoring and analysis of all
            building functions;
                (C) takes a systems-based approach in integrating the
            overall building operations for control of energy generation,
            consumption, and storage;
                (D) communicates with utilities and other third-party
            commercial entities, if appropriate;
                (E) protects the health and safety of occupants and
            workers; and
                (F) incorporates cybersecurity best practices.
            (5) Smart building accelerator.--The term ``smart building
        accelerator'' means an initiative that is designed to demonstrate
        specific innovative policies and approaches--
                (A) with clear goals and a clear timeline; and
                (B) that, on successful demonstration, would accelerate
            investment in energy efficiency.
        (b) Federal Smart Building Program.--
            (1) Establishment.--Not later than 1 year after the date of
        enactment of this Act, the Secretary shall, in consultation with
        the Administrator of General Services, establish a program to be
        known as the ``Federal Smart Building Program''--
                (A) to implement smart building technology; and
                (B) to demonstrate the costs and benefits of smart
            buildings.
            (2) Selection.--
                (A) In general.--The Secretary shall coordinate the
            selection of not fewer than 1 building from among each of
            several key Federal agencies, as described in paragraph (4), to
            compose an appropriately diverse set of smart buildings based
            on size, type, and geographic location.
                (B) Inclusion of commercially operated buildings.--In
            making selections under subparagraph (A), the Secretary may
            include buildings that are owned by the Federal Government but
            are commercially operated.
            (3) Targets.--Not later than 18 months after the date of
        enactment of this Act, the Secretary shall establish targets for
        the number of smart buildings to be commissioned and evaluated by
        key Federal agencies by 3 years and 6 years after the date of
        enactment of this Act.
            (4) Federal agency described.--The key Federal agencies
        referred to paragraph (2)(A) shall include buildings operated by--
                (A) the Department of the Army;
                (B) the Department of the Navy;
                (C) the Department of the Air Force;
                (D) the Department;
                (E) the Department of the Interior;
                (F) the Department of Veterans Affairs; and
                (G) the General Services Administration.
            (5) Requirement.--In implementing the program, the Secretary
        shall leverage existing financing mechanisms including energy
        savings performance contracts, utility energy service contracts,
        and annual appropriations.
            (6) Evaluation.--Using the guidelines of the Federal Energy
        Management Program relating to whole-building evaluation,
        measurement, and verification, the Secretary shall evaluate the
        costs and benefits of the buildings selected under paragraph (2),
        including an identification of--
                (A) which advanced building technologies--
                    (i) are most cost-effective; and
                    (ii) show the most promise for--

                        (I) increasing building energy savings;
                        (II) increasing service performance to building
                    occupants;
                        (III) reducing environmental impacts; and
                        (IV) establishing cybersecurity; and

                (B) any other information the Secretary determines to be
            appropriate.
            (7) Awards.--The Secretary may expand awards made under the
        Federal Energy Management Program and the Better Building Challenge
        to recognize specific agency achievements in accelerating the
        adoption of smart building technologies.
        (c) Survey of Private Sector Smart Buildings.--
            (1) Survey.--The Secretary shall conduct a survey of privately
        owned smart buildings throughout the United States, including
        commercial buildings, laboratory facilities, hospitals, multifamily
        residential buildings, and buildings owned by nonprofit
        organizations and institutions of higher education.
            (2) Selection.--From among the smart buildings surveyed under
        paragraph (1), the Secretary shall select not fewer than 1 building
        each from an appropriate range of building sizes, types, and
        geographic locations.
            (3) Evaluation.--Using the guidelines of the Federal Energy
        Management Program relating to whole-building evaluation,
        measurement, and verification, the Secretary shall evaluate the
        costs and benefits of the buildings selected under paragraph (2),
        including an identification of--
                (A) which advanced building technologies and systems--
                    (i) are most cost-effective; and
                    (ii) show the most promise for--

                        (I) increasing building energy savings;
                        (II) increasing service performance to building
                    occupants;
                        (III) reducing environmental impacts; and
                        (IV) establishing cybersecurity; and

                (B) any other information the Secretary determines to be
            appropriate.
        (d) Better Building Challenge.--As part of the Better Building
    Challenge of the Department, the Secretary, in consultation with major
    private sector property owners, shall develop smart building
    accelerators to demonstrate innovative policies and approaches that
    will accelerate the transition to smart buildings in the public,
    institutional, and commercial buildings sectors.
        (e) Research and Development on Integrating Buildings Onto the
    Electric Grid.--
            (1) In general.--Subtitle B of title IV of the Energy
        Independence and Security Act of 2007 (42 U.S.C. 17081 et seq.) is
        amended by adding at the end the following:
        ``SEC. 426. ADVANCED INTEGRATION OF BUILDINGS ONTO THE ELECTRIC
          GRID.
        ``(a) In General.--The Secretary shall establish a program of
    research, development, and demonstration to enable components of
    commercial and residential buildings to serve as dynamic energy loads
    on and resources for the electric grid. The program shall focus on--
            ``(1) developing low-cost, low power, wireless sensors to--
                ``(A) monitor building energy load;
                ``(B) forecast building energy need; and
                ``(C) enable building-level energy control;
            ``(2) developing data management capabilities and standard
        communication protocols to further interoperability at the building
        and grid-level;
            ``(3) developing advanced building-level energy management of
        components through integration of smart technologies, control
        systems, and data processing, to enable energy efficiency and
        savings;
            ``(4) optimizing energy consumption at the building level to
        enable grid stability and resilience;
            ``(5) improving visualization of behind the meter equipment and
        technologies to provide better insight into the energy needs and
        energy forecasts of individual buildings;
            ``(6) reducing the cost of key components to accelerate the
        adoption of smart building technologies;
            ``(7) protecting against cybersecurity threats and addressing
        security vulnerabilities of building systems or equipment; and
            ``(8) other areas determined appropriate by the Secretary.
        ``(b) Considerations.--In carrying out the program under subsection
    (a), the Secretary shall--
            ``(1) work with utility partners, building owners, technology
        vendors, and building developers to test and validate technologies
        and encourage the commercial application of these technologies by
        building owners; and
            ``(2) consider the specific challenges of enabling greater
        interaction between components of--
                ``(A) small- and medium-sized buildings and the electric
            grid; and
                ``(B) residential and commercial buildings and the electric
            grid.
        ``(c) Buildings-to-grid Integration Report.--Not later than 1 year
    after the enactment of this section, the Secretary shall submit to the
    Committee on Science, Space, and Technology and the Committee on Energy
    and Commerce of the House of Representatives and the Committee on
    Energy and Natural Resources of the Senate a report on the results of a
    study that examines the research, development, and demonstration
    opportunities, challenges, and standards needed to enable components of
    commercial and residential buildings to serve as dynamic energy loads
    on and resources for the electric grid.
            ``(1) Report requirements.--The report shall include--
                ``(A) an assessment of the technologies needed to enable
            building components as dynamic loads on and resources for the
            electric grid, including how such technologies can be--
                    ``(i) incorporated into new commercial and residential
                buildings; and
                    ``(ii) retrofitted in older buildings;
                ``(B) guidelines for the design of new buildings and
            building components to enable modern grid interactivity and
            improve energy efficiency;
                ``(C) an assessment of barriers to the adoption by building
            owners of advanced technologies enabling greater integration of
            building components onto the electric grid; and
                ``(D) an assessment of the feasibility of adopting
            technologies developed under subsection (a) at Department
            facilities.
            ``(2) Recommendations.--As part of the report, the Secretary
        shall develop a 10-year roadmap to guide the research, development,
        and demonstration program to enable components of commercial and
        residential buildings to serve as dynamic energy loads on and
        resources for the electric grid.
            ``(3) Updates.--The Secretary shall update the report required
        under this section every 3 years for the duration of the program
        under subsection (a) and shall submit the updated report to the
        Committee on Science, Space, and Technology and the Committee on
        Energy and Commerce of the House of Representatives and the
        Committee on Energy and Natural Resources of the Senate.
        ``(d) Program Implementation.--In carrying out this section, the
    Secretary shall--
            ``(1) implement the recommendations from the report in
        subsection (c); and
            ``(2) coordinate across all relevant program offices at the
        Department to achieve the goals established in this section,
        including the Office of Electricity.''.
            (2) Conforming amendment.--The table of contents for the Energy
        Independence and Security Act of 2007 is amended by adding after
        the item relating to section 425 the following:

    ``Sec. 426. Advanced integration of buildings onto the electric grid.''.

        (f) Report.--Not later than 2 years after the date of enactment of
    this Act, and every 2 years thereafter until a total of 3 reports have
    been made, the Secretary shall submit to the Committee on Energy and
    Natural Resources of the Senate and the Committee on Energy and
    Commerce and the Committee on Science, Space, and Technology of the
    House of Representatives a report on--
            (1) the establishment of the Federal Smart Building Program and
        the evaluation of Federal smart buildings under subsection (b);
            (2) the survey and evaluation of private sector smart buildings
        under subsection (c); and
            (3) any recommendations of the Secretary to further accelerate
        the transition to smart buildings.
    SEC. 1008. MODIFICATIONS TO THE CEILING FAN ENERGY CONSERVATION
    STANDARD.
        (a) In General.--Section 325(ff)(6) of the Energy Policy and
    Conservation Act (42 U.S.C. 6295(ff)(6)) is amended by adding at the
    end the following:
        ``(C)(i) Large-diameter ceiling fans manufactured on or after
    January 21, 2020, shall--
            ``(I) not be required to meet minimum ceiling fan efficiency in
        terms of ratio of the total airflow to the total power consumption
        as described in the final rule titled `Energy Conservation Program:
        Energy Conservation Standards for Ceiling Fans' (82 Fed. Reg. 6826
        (January 19, 2017)); and
            ``(II) have a CFEI greater than or equal to--
                ``(aa) 1.00 at high speed; and
                ``(bb) 1.31 at 40 percent speed or the nearest speed that
            is not less than 40 percent speed.
        ``(ii) For purposes of this subparagraph, the term `CFEI' means the
    Fan Energy Index for large-diameter ceiling fans, calculated in
    accordance with ANSI/AMCA Standard 208-18 titled `Calculation of the
    Fan Energy Index', with the following modifications:
            ``(I) Using an Airflow Constant (Q<INF>0</INF>) of 26,500 cubic
        feet per minute.
            ``(II) Using a Pressure Constant (P<INF>0</INF>) of 0.0027
        inches water gauge.
            ``(III) Using a Fan Efficiency Constant (h<INF>0</INF>) of 42
        percent.''.
        (b) Revision.--For purposes of section 325(m) of the Energy Policy
    and Conservation Act (42 U.S.C. 6295(m)), the standard established in
    section 325(ff)(6)(C) of such Act (as added by subsection (a) of this
    section) shall be treated as if such standard was issued on January 19,
    2017.
    SEC. 1009. REPORT ON ELECTROCHROMIC GLASS.
        (a) Definition of Electrochromic Glass.--In this section, the term
    ``electrochromic glass'' means glass that uses electricity to change
    the light transmittance properties of the glass to heat or cool a
    structure.
        (b) Report.--Not later than 1 year after the date of enactment of
    this Act, the Secretary of Energy, in collaboration with the heads of
    other relevant agencies, shall submit to the Committee on Energy and
    Natural Resources of the Senate and the Committee on Energy and
    Commerce of the House of Representatives a report that addresses the
    benefits of electrochromic glass, including the following:
            (1) Reductions in energy consumption in commercial buildings,
        especially peak cooling load reduction and annual energy bill
        savings.
            (2) Benefits in the workplace, especially visual comfort and
        employee health.
            (3) Benefits of natural light in hospitals for patients and
        staff, especially accelerated patient healing and recovery time.
    SEC. 1010. ENERGY AND WATER FOR SUSTAINABILITY.
        (a) Nexus of Energy and Water for Sustainability.--
            (1) Definitions.--In this section:
                (A) Department.--The term ``Department'' means the
            Department of Energy.
                (B) Energy-water nexus.--The term ``energy-water nexus''
            means the links between--
                    (i) the water needed to produce fuels, electricity, and
                other forms of energy; and
                    (ii) the energy needed to transport, reclaim, and treat
                water and wastewater.
                (C) Interagency rd&d coordination committee.--The term
            ``Interagency RD&D Coordination Committee'' means the
            Interagency RD&D Coordination Committee on the Nexus of Energy
            and Water for Sustainability (or the ``NEWS RD&D Committee'')
            established under paragraph (3)(A).
                (D) Nexus of energy and water sustainability rd&d office;
            news rd&d office.--The term ``Nexus of Energy and Water
            Sustainability RD&D Office'' or the ``NEWS RD&D Office'' means
            an office located at the Department and managed in cooperation
            with the Department of the Interior pursuant to an agreement
            between the 2 agencies to carry out leadership and
            administrative functions for the Interagency RD&D Coordination
            Committee.
                (E) RD&D.--The term ``RD&D'' means research, development,
            and demonstration.
                (F) Secretary.--The term ``Secretary'' means the Secretary
            of Energy.
            (2) Statement of policy.--Recognizing States' primacy over
        allocation and administration of water resources (except in
        specific instances where preempted under Federal law) and the
        siting of energy infrastructure within State boundaries on non-
        Federal lands, it is the national policy that the Federal
        government, in all energy-water nexus management activities, shall
        maximize coordination and consultation among Federal agencies and
        with State and local governments, and disseminate information to
        the public in the most effective manner.
            (3) Interagency rd&d coordination committee.--
                (A) Establishment.--Not later than 180 days after the date
            of enactment of this Act, the Secretary and the Secretary of
            the Interior shall establish the joint NEWS RD&D Office and
            Interagency RD&D Coordination Committee on the Nexus of Energy
            and Water for Sustainability (or the ``NEWS RD&D Committee'')
            to carry out the duties described in subparagraph (C).
                (B) Administration.--
                    (i) Chairs.--The Secretary and the Secretary of the
                Interior shall jointly manage the NEWS RD&D Office and
                serve as co-chairs of the Interagency RD&D Coordination
                Committee.
                    (ii) Membership; staffing.--Membership and staffing
                shall be determined by the co-chairs.
                (C) Duties.--The Interagency RD&D Coordination Committee
            shall--
                    (i) serve as a forum for developing common Federal
                goals and plans on energy-water nexus RD&D activities, in
                coordination with the National Science and Technology
                Council;
                    (ii) not later than 1 year after the date of enactment
                of this Act, and biennially thereafter, issue a strategic
                plan on energy-water nexus RD&D activities, priorities, and
                objectives pursuant to subparagraph (D), which shall be
                developed in consultation with relevant State and local
                governments;
                    (iii) convene and promote coordination of RD&D
                activities of relevant Federal departments and agencies on
                energy-water nexus;
                    (iv)(I) coordinate and develop capabilities and
                methodologies related to RD&D activities for data
                collection, data communication protocols (including models
                and modeling results), data management, and dissemination
                of validated data and results related to energy-water nexus
                RD&D activities to requesting Federal departments and
                agencies; and
                    (II) promote information exchange between Federal
                departments and agencies--

                        (aa) to identify and document Federal and non-
                    Federal RD&D programs and funding opportunities that
                    support basic and applied RD&D proposals to advance
                    energy-water nexus related science and technologies;
                        (bb) to leverage existing RD&D programs by
                    encouraging joint solicitations, block grants, and
                    matching programs with non-Federal entities; and
                        (cc) to identify opportunities for domestic and
                    international public-private partnerships, innovative
                    financing mechanisms, and information and data exchange
                    with respect to RD&D activities;

                    (v) identify ways to leverage existing RD&D programs,
                including programs at the State and local level;
                    (vi) make publicly available the results of RD&D
                activities on the energy water nexus;
                    (vii) with regard to RD&D programs, recommend
                improvements and best practices for the collection and
                dissemination of federal water use data and the use of
                monitoring networks; and
                    (viii) promote coordination on RD&D with non-Federal
                interests by--

                        (I) consulting with representatives of research and
                    academic institutions, State, local, and Tribal
                    governments, public utility commissions, and industry,
                    who have expertise in technologies, technological
                    innovations, or practices relating to the energy-water
                    nexus; and
                        (II) considering conducting technical workshops.

                (D) Strategic plan.--In developing the strategic plan
            pursuant to (C)(ii), the Interagency RD&D Coordination
            Committee shall--
                    (i) to the maximum extent possible, avoid duplication
                with other Federal RD&D programs, and projects, including
                with those of the National Laboratories;
                    (ii) consider inclusion of specific research,
                development and demonstration needs, including--

                        (I) innovative practices, technologies and other
                    advancements improving water efficiency, treatment,
                    recovery, or reuse associated with energy generation,
                    including cooling, and fuel production;
                        (II) innovative practices, technologies and other
                    advancements associated with energy use in water
                    collection, supply, delivery, distribution, treatment,
                    or reuse;
                        (III) innovative practices, technologies and other
                    advancements associated with generation or production
                    of energy from water or wastewater systems; and
                        (IV) modeling and systems analysis related to
                    energy-water nexus; and

                    (iii) submit the plan to the Committee on Energy and
                Natural Resources of the Senate and the Committees on
                Science, Space, and Technology, Energy and Commerce, and
                Natural Resources of the House of Representatives.
                (E) Rules of construction.--
                    (i) Nothing in this section grants to the Interagency
                RD&D Coordination Committee the authority to promulgate
                regulations or set standards.
                    (ii) Notwithstanding any other provision of law,
                nothing in this section shall be construed to require
                State, Tribal, or local governments to take any action that
                may result in an increased financial burden to such
                governments.
                (F) Additional participation.--In developing the strategic
            plan described in subparagraph (C)(ii), the Secretary shall
            consult and coordinate with a diverse group of representatives
            from research and academic institutions, industry, public
            utility commissions, and State and local governments who have
            expertise in technologies and practices relating to the energy-
            water nexus.
                (G) Review; report.--At the end of the 5-year period
            beginning on the date on which the Interagency RD&D
            Coordination Committee and NEWS RD&D Office are established,
            the NEWS RD&D Office shall--
                    (i) review the activities, relevance, and effectiveness
                of the Interagency RD&D Coordination Committee; and
                    (ii) submit to the Committee on Energy and Natural
                Resources of the Senate and the Committees on Science,
                Space, and Technology, Energy and Commerce, and Natural
                Resources of the House of Representatives a report that--

                        (I) describes the results of the review conducted
                    under clause (i); and
                        (II) includes a recommendation on whether the
                    Interagency RD&D Coordination Committee should
                    continue.

            (4) Crosscut budget.--Not later than 30 days after the
        President submits the budget of the United States Government under
        section 1105 of title 31, United States Code, the co-chairs of the
        Interagency RD&D Coordination Committee (acting through the NEWS
        RD&D Office) shall submit to the Committee on Energy and Natural
        Resources of the Senate and the Committees on Science, Space, and
        Technology, Energy and Commerce, and Natural Resources of the House
        of Representatives, an interagency budget crosscut report that
        displays at the program-, project-, and activity-level for each of
        the Federal agencies that carry out or support (including through
        grants, contracts, interagency and intraagency transfers, and
        multiyear and no-year funds) basic and applied RD&D activities to
        advance the energy-water nexus related science and technologies,
        including--
                (A) the budget proposed in the budget request of the
            President for the upcoming fiscal year;
                (B) expenditures and obligations for the prior fiscal year;
            and
                (C) estimated expenditures and obligations for the current
            fiscal year.
            (5) Termination.--
                (A) In general.--The authority provided to the NEWS RD&D
            Office and NEWS RD&D Committee under this subsection shall
            terminate on the date that is 7 years after the date of
            enactment of this Act.
                (B) Effect.--The termination of authority under
            subparagraph (A) shall not affect ongoing interagency planning,
            coordination, or other RD&D activities relating to the energy-
            water nexus.
        (b) Integrating Energy and Water Research.--The Secretary shall
    integrate the following considerations into energy RD&D programs and
    projects of the Department by--
            (1) advancing RD&D for energy and energy efficiency
        technologies and practices that meet the objectives of--
                (A) minimizing freshwater withdrawal and consumption;
                (B) increasing water use efficiency; and
                (C) utilizing nontraditional water sources;
            (2) considering the effects climate variability may have on
        water supplies and quality for energy generation and fuel
        production; and
            (3) improving understanding of the energy-water nexus (as
        defined in subsection (a)(1)).
        (c) Additional Activities.--The Secretary may provide for such
    additional RD&D activities as appropriate to integrate the
    considerations described in subsection (b) into the RD&D activities of
    the Department.
    SEC. 1011. WEATHERIZATION ASSISTANCE PROGRAM.
        (a) Reauthorization of Weatherization Assistance Program.--Section
    422 of the Energy Conservation and Production Act (42 U.S.C. 6872) is
    amended by striking paragraphs (1) through (5) and inserting the
    following:
            ``(1) $330,000,000 for fiscal year 2021; and
            ``(2) $350,000,000 for each of fiscal years 2022 through
        2025.''.
        (b) Modernizing the Definition of Weatherization Materials.--
    Section 412(9)(J) of the Energy Conservation and Production Act (42
    U.S.C. 6862(9)(J)) is amended--
            (1) by inserting ``, including renewable energy technologies
        and other advanced technologies,'' after ``devices or
        technologies''; and
            (2) by striking ``, the Secretary of Agriculture, and the
        Director of the Community Services Administration''.
        (c) Consideration of Health Benefits.--Section 413(b) of the Energy
    Conservation and Production Act (42 U.S.C. 6863(b)) is amended--
            (1) in paragraph (3)--
                (A) by striking ``and with the Director of the Community
            Services Administration'';
                (B) by inserting ``and by'' after ``in carrying out this
            part,''; and
                (C) by striking ``, and the Director of the Community
            Services Administration in carrying out weatherization programs
            under section 222(a)(12) of the Economic Opportunity Act of
            1964'';
            (2) by redesignating paragraphs (4) through (6) as paragraphs
        (5) through (7), respectively; and
            (3) by inserting after paragraph (3), the following:
        ``(4) The Secretary may amend the regulations prescribed under
    paragraph (1) to provide that the standards described in paragraph
    (2)(A) take into consideration improvements in the health and safety of
    occupants of dwelling units, and other non-energy benefits, from
    weatherization.''.
        (d) Contractor Optimization.--
            (1) In general.--The Energy Conservation and Production Act is
        amended by inserting after section 414B (42 U.S.C. 6864b) the
        following:
    ``SEC. 414C. CONTRACTOR OPTIMIZATION.
        ``(a) In General.--The Secretary may request that entities
    receiving funding from the Federal Government or from a State through a
    weatherization assistance program under section 413 or section 414
    perform periodic reviews of the use of private contractors in the
    provision of weatherization assistance, and encourage expanded use of
    contractors as appropriate.
        ``(b) Use of Training Funds.--Entities described in subsection (a)
    may use funding described in such subsection to train private, non-
    Federal entities that are contracted to provide weatherization
    assistance under a weatherization program, in accordance with rules
    determined by the Secretary.''.
            (2) Table of contents amendment.--The table of contents for the
        Energy Conservation and Production Act is amended by inserting
        after the item relating to section 414B the following:

    ``Sec. 414C. Contractor optimization.''.

        (e) Financial Assistance for Wap Enhancement and Innovation.--
            (1) In general.--The Energy Conservation and Production Act is
        amended by inserting after section 414C (as added by subsection (d)
        of this section) the following:
    ``SEC. 414D. FINANCIAL ASSISTANCE FOR WAP ENHANCEMENT AND INNOVATION.
        ``(a) Purposes.--The purposes of this section are--
            ``(1) to expand the number of dwelling units that are occupied
        by low-income persons that receive weatherization assistance by
        making such dwelling units weatherization-ready;
            ``(2) to promote the deployment of renewable energy in dwelling
        units that are occupied by low-income persons;
            ``(3) to ensure healthy indoor environments by enhancing or
        expanding health and safety measures and resources available to
        dwellings that are occupied by low-income persons;
            ``(4) to disseminate new methods and best practices among
        entities providing weatherization assistance; and
            ``(5) to encourage entities providing weatherization assistance
        to hire and retain employees who are individuals--
                ``(A) from the community in which the assistance is
            provided; and
                ``(B) from communities or groups that are underrepresented
            in the home energy performance workforce, including religious
            and ethnic minorities, women, veterans, individuals with
            disabilities, and individuals who are socioeconomically
            disadvantaged.
        ``(b) Financial Assistance.--The Secretary shall, to the extent
    funds are made available, award financial assistance, on an annual
    basis, through a competitive process to entities receiving funding from
    the Federal Government or from a State, tribal organization, or unit of
    general purpose local government through a weatherization program under
    section 413 or section 414, or to nonprofit entities, to be used by
    such an entity--
            ``(1) with respect to dwelling units that are occupied by low-
        income persons, to--
                ``(A) implement measures to make such dwelling units
            weatherization-ready by addressing structural, plumbing,
            roofing, and electrical issues, environmental hazards, or other
            measures that the Secretary determines to be appropriate;
                ``(B) install energy efficiency technologies, including
            home energy management systems, smart devices, and other
            technologies the Secretary determines to be appropriate;
                ``(C) install renewable energy systems (as defined in
            section 415(c)(6)(A)); and
                ``(D) implement measures to ensure healthy indoor
            environments by improving indoor air quality, accessibility,
            and other healthy homes measures as determined by the
            Secretary;
            ``(2) to improve the capability of the entity--
                ``(A) to significantly increase the number of energy
            retrofits performed by such entity;
                ``(B) to replicate best practices for work performed
            pursuant to this section on a larger scale;
                ``(C) to leverage additional funds to sustain the provision
            of weatherization assistance and other work performed pursuant
            to this section after financial assistance awarded under this
            section is expended; and
                ``(D) to hire and retain employees who are individuals
            described subsection (a)(5);
            ``(3) for innovative outreach and education regarding the
        benefits and availability of weatherization assistance and other
        assistance available pursuant to this section;
            ``(4) for quality control of work performed pursuant to this
        section;
            ``(5) for data collection, measurement, and verification with
        respect to such work;
            ``(6) for program monitoring, oversight, evaluation, and
        reporting regarding such work;
            ``(7) for labor, training, and technical assistance relating to
        such work;
            ``(8) for planning, management, and administration (up to a
        maximum of 15 percent of the assistance provided); and
            ``(9) for such other activities as the Secretary determines to
        be appropriate.
        ``(c) Award Factors.--In awarding financial assistance under this
    section, the Secretary shall consider--
            ``(1) the applicant's record of constructing, renovating,
        repairing, or making energy efficient single-family, multifamily,
        or manufactured homes that are occupied by low-income persons,
        either directly or through affiliates, chapters, or other partners
        (using the most recent year for which data are available);
            ``(2) the number of dwelling units occupied by low-income
        persons that the applicant has built, renovated, repaired,
        weatherized, or made more energy efficient in the 5 years preceding
        the date of the application;
            ``(3) the qualifications, experience, and past performance of
        the applicant, including experience successfully managing and
        administering Federal funds;
            ``(4) the strength of an applicant's proposal to achieve one or
        more of the purposes under subsection (a);
            ``(5) the extent to which such applicant will utilize
        partnerships and regional coordination to achieve one or more of
        the purposes under subsection (a);
            ``(6) regional and climate zone diversity;
            ``(7) urban, suburban, and rural localities; and
            ``(8) such other factors as the Secretary determines to be
        appropriate.
        ``(d) Applications.--
            ``(1) Administration.--To be eligible for an award of financial
        assistance under this section, an applicant shall submit to the
        Secretary an application in such manner and containing such
        information as the Secretary may require.
            ``(2) Awards.--Subject to the availability of appropriations,
        not later than 270 days after the date of enactment of this
        section, the Secretary shall make a first award of financial
        assistance under this section.
        ``(e) Maximum Amount and Term.--
            ``(1) In general.--The total amount of financial assistance
        awarded to an entity under this section shall not exceed
        $2,000,000.
            ``(2) Technical and training assistance.--The total amount of
        financial assistance awarded to an entity under this section shall
        be reduced by the cost of any technical and training assistance
        provided by the Secretary that relates to such financial
        assistance.
            ``(3) Term.--The term of an award of financial assistance under
        this section shall not exceed 3 years.
            ``(4) Relationship to formula grants.--An entity may use
        financial assistance awarded to such entity under this section in
        conjunction with other financial assistance provided to such entity
        under this part.
        ``(f) Requirements.--Not later than 90 days after the date of
    enactment of this section, the Secretary shall issue requirements to
    implement this section, including, for entities receiving financial
    assistance under this section--
            ``(1) standards for allowable expenditures;
            ``(2) a minimum saving-to-investment ratio; and
            ``(3) standards for--
                ``(A) training programs;
                ``(B) energy audits;
                ``(C) the provision of technical assistance;
                ``(D) monitoring activities carried out using such
            financial assistance;
                ``(E) verification of energy and cost savings;
                ``(F) liability insurance requirements; and
                ``(G) recordkeeping and reporting requirements, which shall
            include reporting to the Office of Weatherization and
            Intergovernmental Programs of the Department of Energy
            applicable data on each dwelling unit retrofitted or otherwise
            assisted pursuant to this section.
        ``(g) Compliance With State and Local Law.--Nothing in this section
    supersedes or otherwise affects any State or local law, to the extent
    that the State or local law contains a requirement that is more
    stringent than the applicable requirement of this section.
        ``(h) Review and Evaluation.--The Secretary shall review and
    evaluate the performance of each entity that receives an award of
    financial assistance under this section (which may include an audit).
        ``(i) Annual Report.--The Secretary shall submit to Congress an
    annual report that provides a description of--
            ``(1) actions taken under this section to achieve the purposes
        of this section; and
            ``(2) accomplishments as a result of such actions, including
        energy and cost savings achieved.
        ``(j) Funding.--
            ``(1) Amounts.--
                ``(A) In general.--For each of fiscal years 2021 through
            2025, of the amount made available under section 422 for such
            fiscal year to carry out the weatherization program under this
            part (not including any of such amount made available for
            Department of Energy headquarters training or technical
            assistance), not more than--
                    ``(i) 2 percent of such amount (if such amount is
                $225,000,000 or more but less than $260,000,000) may be
                used to carry out this section;
                    ``(ii) 4 percent of such amount (if such amount is
                $260,000,000 or more but less than $300,000,000) may be
                used to carry out this section; and
                    ``(iii) 6 percent of such amount (if such amount is
                $300,000,000 or more) may be used to carry out this
                section.
                ``(B) Minimum.--For each of fiscal years 2021 through 2025,
            if the amount made available under section 422 (not including
            any of such amount made available for Department of Energy
            headquarters training or technical assistance) for such fiscal
            year is less than $225,000,000, no funds shall be made
            available to carry out this section.
            ``(2) Limitation.--For any fiscal year, the Secretary may not
        use more than $25,000,000 of the amount made available under
        section 422 to carry out this section.
        ``(k) Termination.--The Secretary may not award financial
    assistance under this section after September 30, 2025.''.
            (2) Table of contents.--The table of contents for the Energy
        Conservation and Production Act is amended by inserting after the
        item relating to section 414C the following:

    ``Sec. 414D. Financial assistance for WAP enhancement and innovation.''.

        (f) Hiring.--
            (1) In general.--The Energy Conservation and Production Act is
        amended by inserting after section 414D (as added by subsection (e)
        of this section) the following:
    ``SEC. 414E. HIRING.
        ``The Secretary may, as the Secretary determines appropriate,
    encourage entities receiving funding from the Federal Government or
    from a State through a weatherization program under section 413 or
    section 414, to prioritize the hiring and retention of employees who
    are individuals described in section 414D(a)(5).''.
            (2) Table of contents.--The table of contents for the Energy
        Conservation and Production Act is amended by inserting after the
        item relating to section 414D the following:

    ``Sec. 414E. Hiring.''.

        (g) Increase in Administrative Funds.--Section 415(a)(1) of the
    Energy Conservation and Production Act (42 U.S.C. 6865(a)(1)) is
    amended by striking ``10 percent'' and inserting ``15 percent''.
        (h) Amending Re-weatherization Date.--Paragraph (2) of section
    415(c) of the Energy Conservation and Production Act (42 U.S.C.
    6865(c)) is amended to read as follows:
        ``(2) Dwelling units weatherized (including dwelling units
    partially weatherized) under this part, or under other Federal programs
    (in this paragraph referred to as `previous weatherization'), may not
    receive further financial assistance for weatherization under this part
    until the date that is 15 years after the date such previous
    weatherization was completed. This paragraph does not preclude dwelling
    units that have received previous weatherization from receiving
    assistance and services (including the provision of information and
    education to assist with energy management and evaluation of the
    effectiveness of installed weatherization materials) other than
    weatherization under this part or under other Federal programs, or from
    receiving non-Federal assistance for weatherization.''.
        (i) Annual Report.--Section 421 of the Energy Conservation and
    Production Act (42 U.S.C. 6871) is amended by inserting ``the number of
    multifamily buildings in which individual dwelling units were
    weatherized during the previous year, the number of individual dwelling
    units in multifamily buildings weatherized during the previous year,''
    after ``the average size of the dwellings being weatherized,''.
        (j) Report on Waivers.--Not later than 180 days after the date of
    enactment of this Act, the Secretary of Energy shall submit to Congress
    a report on the status of any request made after September 30, 2010,
    for a waiver of any requirement under section 200.313 of title 2, Code
    of Federal Regulations, as such requirement applies with respect to the
    weatherization assistance program under part A of title IV of the
    Energy Conservation and Production Act (42 U.S.C. 6861 et seq.),
    including a description of any such waiver that has been granted and
    any such request for a waiver that has been considered but not granted.
    SEC. 1012. FEDERAL ENERGY MANAGEMENT PROGRAM.
        Section 543 of the National Energy Conservation Policy Act (42
    U.S.C. 8253) is further amended by adding at the end the following:
        ``(i) Federal Energy Management Program.--
            ``(1) In general.--The Secretary shall carry out a program, to
        be known as the `Federal Energy Management Program' (referred to in
        this subsection as the `Program'), to facilitate the implementation
        by the Federal Government of cost-effective energy and water
        management and energy-related investment practices--
                ``(A) to coordinate and strengthen Federal energy and water
            resilience; and
                ``(B) to promote environmental stewardship.
            ``(2) Federal director.--The Secretary shall appoint an
        individual to serve as the director of the Program (referred to in
        this subsection as the `Federal Director'), which shall be a career
        position in the Senior Executive service, to administer the
        Program.
            ``(3) Program activities.--
                ``(A) Strategic planning and technical assistance.--In
            administering the Program, the Federal Director shall--
                    ``(i) provide technical assistance and project
                implementation support and guidance to agencies to
                identify, implement, procure, and track energy and water
                conservation measures required under this Act and under
                other provisions of law;
                    ``(ii) in coordination with the Administrator of the
                General Services Administration, establish appropriate
                procedures, methods, and best practices for use by agencies
                to select, monitor, and terminate contracts entered into
                pursuant to a utility incentive program under section
                546(c) with utilities;
                    ``(iii) carry out the responsibilities of the Secretary
                under section 801, as determined appropriate by the
                Secretary;
                    ``(iv) establish and maintain internet-based
                information resources and project tracking systems and
                tools for energy and water management;
                    ``(v) coordinate comprehensive and strategic approaches
                to energy and water resilience planning for agencies; and
                    ``(vi) establish a recognition program for Federal
                achievement in energy and water management, energy-related
                investment practices, environmental stewardship, and other
                relevant areas, through events such as individual
                recognition award ceremonies and public announcements.
                ``(B) Energy and water management and reporting.--In
            administering the Program, the Federal Director shall--
                    ``(i) track and report on the progress of agencies in
                meeting the requirements of the agency under this section;
                    ``(ii) make publicly available agency performance data
                required under--

                        ``(I) this section and sections 544, 546, 547, and
                    548; and
                        ``(II) section 203 of the Energy Policy Act of 2005
                    (42 U.S.C. 15852);

                    ``(iii)(I) collect energy and water use and consumption
                data from each agency; and
                    ``(II) based on that data, submit to each agency a
                report that will facilitate the energy and water
                management, energy-related investment practices, and
                environmental stewardship of the agency in support of
                Federal goals under this Act and under other provisions of
                law;
                    ``(iv) carry out the responsibilities of the Secretary
                under section 305 of the Energy Conservation and Production
                Act (42 U.S.C. 6834);
                    ``(v) in consultation with the Administrator of the
                General Services Administration, acting through the head of
                the Office of High-Performance Green Buildings, establish
                and implement sustainable design principles for Federal
                facilities; and
                    ``(vi) designate products that meet the highest energy
                conservation standards for categories not covered under the
                Energy Star program established under section 324A of the
                Energy Policy and Conservation Act (42 U.S.C. 6294a).
                ``(C) Federal interagency coordination.--In administering
            the Program, the Federal Director shall--
                    ``(i) develop and implement accredited training
                consistent with existing Federal programs and activities--

                        ``(I) relating to energy and water use, management,
                    and resilience in Federal facilities, energy-related
                    investment practices, and environmental stewardship;
                    and
                        ``(II) that includes in-person training, internet-
                    based programs, and national in-person training events;

                    ``(ii) carry out the functions of the Secretary with
                respect to the Interagency Energy Management Task Force
                under section 547; and
                    ``(iii) report on the implementation of the priorities
                of the President, including Executive orders, relating to
                energy and water use in Federal facilities, in coordination
                with--

                        ``(I) the Office of Management and Budget;
                        ``(II) the Council on Environmental Quality; and
                        ``(III) any other entity, as considered necessary
                    by the Federal Director.

                ``(D) Facility and fleet optimization.--In administering
            the Program, the Federal Director shall develop guidance,
            supply assistance to, and track the progress of agencies--
                    ``(i) in conducting portfolio-wide facility energy and
                water resilience planning and project integration;
                    ``(ii) in building new construction and major
                renovations to meet the sustainable design and energy and
                water performance standards required under this section;
                    ``(iii) in developing guidelines for--

                        ``(I) facility commissioning; and
                        ``(II) facility operations and maintenance; and

                    ``(iv) in coordination with the Administrator of the
                General Services Administration, in meeting statutory and
                agency goals for Federal fleet vehicles.
            ``(4) Management council.--The Federal Director shall establish
        a management council to advise the Federal Director that shall--
                ``(A) convene not less frequently than once every quarter;
            and
                ``(B) consist of representatives from--
                    ``(i) the Council on Environmental Quality;
                    ``(ii) the Office of Management and Budget; and
                    ``(iii) the Office of Federal High-Performance Green
                Buildings in the General Services Administration.
            ``(5) Authorization of appropriations.--There is authorized to
        be appropriated to the Secretary to carry out this subsection
        $36,000,000 for each of fiscal years 2021 through 2025.''.
    SEC. 1013. CHP TECHNICAL ASSISTANCE PARTNERSHIP PROGRAM.
        (a) In General.--Section 375 of the Energy Policy and Conservation
    Act (42 U.S.C. 6345) is amended to read as follows:
        ``SEC. 375. CHP TECHNICAL ASSISTANCE PARTNERSHIP PROGRAM.
        ``(a) Renaming.--
            ``(1) In general.--The Clean Energy Application Centers of the
        Department of Energy are redesignated as the CHP Technical
        Assistance Partnership Program (referred to in this section as the
        `Program').
            ``(2) Program description.--The Program shall consist of--
                ``(A) the 10 regional CHP Technical Assistance Partnerships
            in existence on the date of enactment of the Energy Act of
            2020;
                ``(B) such other regional CHP Technical Assistance
            Partnerships as the Secretary may establish with consideration
            given to establishing such partnerships in rural communities;
            and
                ``(C) any supporting technical activities under the
            Technical Partnership Program of the Advanced Manufacturing
            Office.
            ``(3) References.--Any reference in any law, rule, regulation,
        or publication to a Combined Heat and Power Application Center or a
        Clean Energy Application Center shall be deemed to be a reference
        to the Program.
        ``(b) CHP Technical Assistance Partnership Program.--
            ``(1) In general.--The Program shall--
                ``(A) operate programs to encourage deployment of combined
            heat and power, waste heat to power, and efficient district
            energy (collectively referred to in this subsection as `CHP')
            technologies by providing education and outreach to--
                    ``(i) building, industrial, and electric and natural
                gas utility professionals;
                    ``(ii) State and local policymakers; and
                    ``(iii) other individuals and organizations with an
                interest in efficient energy use, local or opportunity fuel
                use, resiliency, or energy security, microgrids, and
                district energy; and
                ``(B) provide project specific support to building and
            industrial professionals through economic and engineering
            assessments and advisory activities.
            ``(2) Funding for certain activities.--
                ``(A) In general.--The Program shall make funds available
            to institutions of higher education, research centers, and
            other appropriate institutions to ensure the continued
            operations and effectiveness of the regional CHP Technical
            Assistance Partnerships.
                ``(B) Use of funds.--Funds made available under
            subparagraph (A) may be used--
                    ``(i) to collect and distribute informational materials
                relevant to manufacturers, commercial buildings,
                institutional facilities, and Federal sites, including
                continued support of the mission goals of the Department of
                Defense, on CHP and microgrid technologies, including
                continuation and updating of--

                        ``(I) the CHP installation database;
                        ``(II) CHP technology potential analyses;
                        ``(III) State CHP resource pages; and
                        ``(IV) CHP Technical Assistance Partnerships
                    websites;

                    ``(ii) to produce and conduct workshops, reports,
                seminars, internet programs, CHP resiliency resources, and
                other activities to provide education to end users,
                regulators, and stakeholders in a manner that leads to the
                deployment of CHP technologies;
                    ``(iii) to provide or coordinate onsite assessments for
                sites and enterprises that may consider deployment of CHP
                technology, including the potential use of biomass CHP
                systems;
                    ``(iv) to identify candidates for deployment of CHP
                technologies, hybrid renewable-CHP technologies, biomass
                CHP, microgrids, and clean energy;
                    ``(v) to provide nonbiased engineering support to sites
                considering deployment of CHP technologies;
                    ``(vi) to assist organizations and communities,
                including rural communities, developing clean energy
                technologies and policies in overcoming barriers to
                deployment; and
                    ``(vii) to assist companies, communities (including
                rural communities), and organizations with field validation
                and performance evaluations of CHP and other clean energy
                technologies implemented.
                ``(C) Duration.--The Program shall make funds available
            under subparagraph (A) for a period of 5 years.
        ``(c) Authorization of Appropriations.--There are authorized to be
    appropriated to carry out this section $12,000,000 for each of fiscal
    years 2021 through 2025.''.
        (b) Conforming Amendment.--The table of contents of the Energy
    Policy and Conservation Act is amended by striking the item relating to
    section 375 and inserting the following:

    ``375. CHP Technical Assistance Partnership Program.''.
    SEC. 1014. SMART ENERGY WATER EFFICIENCY PILOT PROGRAM.
        (a) Smart Energy and Water Efficiency Pilot Program.--Subtitle A of
    title IX of the Energy Policy Act of 2005 (42 U.S.C. 16191 et seq.) is
    amended by adding at the end the following:
        ``SEC. 918. SMART ENERGY AND WATER EFFICIENCY PILOT PROGRAM.
        ``(a) Definitions.--In this section:
            ``(1) Eligible entity.--The term `eligible entity' means--
                ``(A) a utility;
                ``(B) a municipality;
                ``(C) a water district;
                ``(D) an Indian Tribe or Alaska Native village; and
                ``(E) any other authority that provides water, wastewater,
            or water reuse services.
            ``(2) Smart energy and water efficiency pilot program.--The
        term `smart energy and water efficiency pilot program' or `pilot
        program' means the pilot program established under subsection (b).
        ``(b) Smart Energy and Water Efficiency Pilot Program.--
            ``(1) In general.--The Secretary shall establish and carry out
        a smart energy and water efficiency pilot program in accordance
        with this section.
            ``(2) Purpose.--The purpose of the smart energy and water
        efficiency pilot program is to award grants to eligible entities to
        demonstrate unique, advanced, or innovative technology-based
        solutions that will--
                ``(A) improve the net energy balance of water, wastewater,
            and water reuse systems;
                ``(B) improve the net energy balance of water, wastewater,
            and water reuse systems to help communities across the United
            States make measurable progress in conserving water, saving
            energy, and reducing costs;
                ``(C) support the implementation of innovative and unique
            processes and the installation of established advanced
            automated systems that provide real-time data on energy and
            water; and
                ``(D) improve energy-water conservation and quality and
            predictive maintenance through technologies that utilize
            internet connected technologies, including sensors, intelligent
            gateways, and security embedded in hardware.
            ``(3) Project selection.--
                ``(A) In general.--The Secretary shall make competitive,
            merit-reviewed grants under the pilot program to not less than
            3, but not more than 5, eligible entities.
                ``(B) Selection criteria.--In selecting an eligible entity
            to receive a grant under the pilot program, the Secretary shall
            consider--
                    ``(i) energy and cost savings;
                    ``(ii) the uniqueness, commercial viability, and
                reliability of the technology to be used;
                    ``(iii) the degree to which the project integrates
                next-generation sensors software, analytics, and management
                tools;
                    ``(iv) the anticipated cost-effectiveness of the pilot
                project through measurable energy savings, water savings or
                reuse, and infrastructure costs averted;
                    ``(v) whether the technology can be deployed in a
                variety of geographic regions and the degree to which the
                technology can be implemented in a wide range of
                applications ranging in scale from small towns to large
                cities, including Tribal communities;
                    ``(vi) whether the technology has been successfully
                deployed elsewhere;
                    ``(vii) whether the technology was sourced from a
                manufacturer based in the United States; and
                    ``(viii) whether the project will be completed in 5
                years or less.
                ``(C) Applications.--
                    ``(i) In general.--Subject to clause (ii), an eligible
                entity seeking a grant under the pilot program shall submit
                to the Secretary an application at such time, in such
                manner, and containing such information as the Secretary
                determines to be necessary.
                    ``(ii) Contents.--An application under clause (i)
                shall, at a minimum, include--

                        ``(I) a description of the project;
                        ``(II) a description of the technology to be used
                    in the project;
                        ``(III) the anticipated results, including energy
                    and water savings, of the project;
                        ``(IV) a comprehensive budget for the project;
                        ``(V) the names of the project lead organization
                    and any partners;
                        ``(VI) the number of users to be served by the
                    project;
                        ``(VII) a description of the ways in which the
                    proposal would meet performance measures established by
                    the Secretary; and
                        ``(VIII) any other information that the Secretary
                    determines to be necessary to complete the review and
                    selection of a grant recipient.

            ``(4) Administration.--
                ``(A) In general.--Not later than 1 year after the date of
            enactment of this section, the Secretary shall select grant
            recipients under this section.
                ``(B) Evaluations.--
                    ``(i) Annual evaluations.--The Secretary shall annually
                carry out an evaluation of each project for which a grant
                is provided under this section that meets performance
                measures and benchmarks developed by the Secretary,
                consistent with the purposes of this section.
                    ``(ii) Requirements.--Consistent with the performance
                measures and benchmarks developed under clause (i), in
                carrying out an evaluation under that clause, the Secretary
                shall--

                        ``(I) evaluate the progress and impact of the
                    project; and
                        ``(II) assess the degree to which the project is
                    meeting the goals of the pilot program.

                ``(C) Technical and policy assistance.--On the request of a
            grant recipient, the Secretary shall provide technical and
            policy assistance.
                ``(D) Best practices.--The Secretary shall make available
            to the public through the Internet and other means the
            Secretary considers to be appropriate--
                    ``(i) a copy of each evaluation carried out under
                subparagraph (B); and
                    ``(ii) a description of any best practices identified
                by the Secretary as a result of those evaluations.
                ``(E) Report to congress.--The Secretary shall submit to
            Congress a report containing the results of each evaluation
            carried out under subparagraph (B).
        ``(c) Authorization of Appropriations.--There is authorized to be
    appropriated to the Secretary to carry out this section $15,000,000, to
    remain available until expended.''.
        (b) Conforming Amendment.--The table of contents of the Energy
    Policy Act of 2005 (Public Law 109-58; 119 Stat. 594) is amended by
    inserting after the item relating to section 917 the following:

    ``Sec. 918. Smart energy and water efficiency pilot program.''.

                               TITLE II--NUCLEAR

    SEC. 2001. ADVANCED NUCLEAR FUEL AVAILABILITY.
        (a) Program.--
            (1) Establishment.--The Secretary shall establish and carry
        out, through the Office of Nuclear Energy, a program to support the
        availability of HA-LEU for civilian domestic research, development,
        demonstration, and commercial use.
            (2) Program elements.--In carrying out the program under
        paragraph (1), the Secretary--
                (A) shall develop, in consultation with the Commission,
            criticality benchmark data to assist the Commission in--
                    (i) the licensing and regulation of special nuclear
                material fuel fabrication and enrichment facilities under
                part 70 of title 10, Code of Federal Regulations; and
                    (ii) certification of transportation packages under
                part 71 of title 10, Code of Federal Regulations;
                (B) shall conduct research and development, and provide
            financial assistance to assist commercial entities, to design
            and license transportation packages for HA-LEU, including
            canisters for metal, gas, and other HA-LEU compositions;
                (C) shall, to the extent practicable--
                    (i) by January 1, 2024, support commercial entity
                submission of such transportation package designs to the
                Commission for certification by the Commission under part
                71 of title 10, Code of Federal Regulations; and
                    (ii) encourage the Commission to have such
                transportation package designs so certified by the
                Commission within 24 months after receipt of an
                application;
                (D) shall consider options for acquiring or providing HA-
            LEU from a stockpile of uranium owned by the Department, or
            using enrichment technology, to make available to members of
            the consortium established pursuant to subparagraph (F) for
            commercial use or demonstration projects, taking into account
            cost and amount of time required, and prioritizing methods that
            would produce usable HA-LEU the quickest, including options for
            acquiring or providing HA-LEU--
                    (i) that--

                        (I) directly meets the needs of an end user; and
                        (II) has been previously used or fabricated for
                    another purpose;

                    (ii) that meets the needs of an end user after having
                radioactive or other contaminants that resulted from a
                previous use or fabrication of the fuel for research,
                development, demonstration, or deployment activities of the
                Department removed;
                    (iii) that is produced from high-enriched uranium that
                is blended with lower assay uranium to become HA-LEU to
                meet the needs of an end user;
                    (iv) that is produced by Department research,
                development, and demonstration activities;
                    (v) that is produced in the United States by--

                        (I) a United States-owned commercial entity
                    operating United States-origin technology;
                        (II) a United States-owned commercial entity
                    operating a foreign-origin technology; or
                        (III) a foreign-owned entity operating a foreign-
                    origin technology;

                    (vi) that does not require extraction of uranium or
                development of uranium from lands managed by the Federal
                Government, cause harm to the natural or cultural resources
                of Tribal communities or sovereign Native Nations, or
                result in degraded ground or surface water quality on
                publicly managed or privately owned lands; or
                    (vii) that does not negatively impact the availability
                of HA-LEU by the Department to support the production of
                medical isotopes, including the medical isotopes defined
                under the American Medical Isotopes Production Act of 2012
                (Public Law 112-239; 126 Stat. 2211);
                (E) not later than 1 year after the date of enactment of
            this Act, and biennially thereafter, shall conduct a survey of
            stakeholders to estimate the quantity of HA-LEU necessary for
            domestic commercial use for each of the 5 subsequent years;
                (F) shall establish, and from time to time update, a
            consortium, which may include entities involved in any stage of
            the nuclear fuel cycle, to partner with the Department to
            support the availability of HA-LEU for civilian domestic
            demonstration and commercial use, including by--
                    (i) providing information to the Secretary for purposes
                of surveys conducted under subparagraph (E);
                    (ii) purchasing HA-LEU made available by the Secretary
                to members of the consortium for commercial use under the
                program; and
                    (iii) carrying out demonstration projects using HA-LEU
                provided by the Secretary under the program;
                (G) if applicable, shall, prior to acquiring or providing
            HA-LEU under subparagraph (H), in coordination with the
            consortium established pursuant to subparagraph (F), develop a
            schedule for cost recovery of HA-LEU made available to members
            of the consortium using HA-LEU for commercial use pursuant to
            subparagraph (H);
                (H) shall, beginning not later than 3 years after the
            establishment of a consortium under subparagraph (F), have the
            capability to acquire or provide HA-LEU, in order to make such
            HA-LEU available to members of the consortium beginning not
            later than January 1, 2026, in amounts that are consistent, to
            the extent practicable, with--
                    (i) the quantities estimated under the surveys
                conducted under subparagraph (E); plus
                    (ii) the quantities necessary for demonstration
                projects carried out under the program, as determined by
                the Secretary;
                (I) shall, for advanced reactor demonstration projects,
            prioritize the provision of HA-LEU made available under this
            section through a merit-based, competitive selection process;
            and
                (J) shall seek to ensure that the activities carried out
            under this section do not cause any delay in the progress of
            any HA-LEU project between private industry and the Department
            that is underway as of the date of the enactment of this
            section.
            (3) Applicability of usec privatization act.--
                (A) Sale or transfer to consortium.--The requirements of
            section 3112 of the USEC Privatization Act (42 U.S.C. 2297h-
            10), except for the requirements of subparagraph (A) of section
            3112(d)(2), shall not apply to the provision of enrichment
            services, or the sale or transfer of HA-LEU for commercial use
            by the Secretary to a member of the consortium under this
            subsection.
                (B) Demonstration.--HA-LEU made available to members of the
            consortium established pursuant to paragraph (2)(F) for
            demonstration projects shall remain the property of and title
            will remain with the Department, which shall be responsible for
            the storage, use, and disposition of all radioactive waste and
            spent nuclear fuel created by the irradiation, processing, or
            purification of such uranium, and shall not be subject to the
            requirements of a sale or transfer of uranium under sections
            3112, except for the requirements of subparagraph (A) of
            section 3112(d)(2), and 3113 of the USEC Privatization Act (42
            U.S.C. 2297h-10; 42 U.S.C. 2297h-11).
            (4) National security needs.--The Secretary shall only make
        available to a member of the consortium under this section for
        commercial or demonstration project use material that the President
        has determined is not necessary for national security needs,
        provided that this available material shall not include any
        material that the Secretary may determine to be necessary for the
        National Nuclear Security Administration or other critical
        Departmental missions.
            (5) DOE acquisition of ha-leu.--The Secretary may not make
        commitments under this section (including cooperative agreements
        (used in accordance with section 6305 of title 31, United States
        Code), purchase agreements, guarantees, leases, service contracts,
        or any other type of commitment) for the purchase or other
        acquisition of HA-LEU unless--
                (A) funds are specifically provided for such purposes in
            advance in subsequent appropriations Acts, and only to the
            extent that the full extent of anticipated costs stemming from
            such commitments is recorded as an obligation up front and in
            full at the time it is made; or
                (B) such committing agreement includes a clause
            conditioning the Federal Government's obligation on the
            availability of future year appropriations.
            (6) Sunset.--The authority of the Secretary to carry out the
        program under this subsection shall expire on the earlier of--
                (A) September 30, 2034; or
                (B) 90 days after the date on which HA-LEU is available to
            provide a reliable and adequate supply for civilian domestic
            advanced nuclear reactors in the commercial market.
            (7) Limitation.--The Secretary shall not barter or otherwise
        sell or transfer uranium in any form in exchange for services
        relating to the final disposition of radioactive waste from uranium
        that is made available under this subsection.
        (b) Reports to Congress.--
            (1) Commission report on necessary regulatory updates.--Not
        later than 12 months after the date of enactment of this Act, the
        Commission shall submit to Congress a report that includes--
                (A) identification of updates to regulations,
            certifications, and other regulatory policies that the
            Commission determines are necessary in order for HA-LEU to be
            commercially available, including--
                    (i) guidance for material control and accountability of
                special nuclear material;
                    (ii) certifications relating to transportation
                packaging for HA-LEU; and
                    (iii) licensing of enrichment, conversion, and fuel
                fabrication facilities for HA-LEU, and associated physical
                security plans for such facilities;
                (B) a description of such updates; and
                (C) a timeline to complete such updates.
            (2) DOE report on program to support the availability of ha-leu
        for civilian domestic demonstration and commercial use.--
                (A) In general.--Not later than 180 days after the date of
            enactment of this Act, the Secretary shall submit to Congress a
            report that describes actions proposed to be carried out by the
            Secretary under the program described in subsection (a)(1).
                (B) Coordination and stakeholder input.--In developing the
            report under this paragraph, the Secretary shall consult with--
                    (i) the Commission;
                    (ii) suppliers of medical isotopes that have converted
                their operations to use HA-LEU;
                    (iii) the National Laboratories;
                    (iv) institutions of higher education;
                    (v) a diverse group of entities from the nuclear energy
                industry;
                    (vi) a diverse group of technology developers;
                    (vii) experts in nuclear nonproliferation,
                environmental safety, safeguards and security, and public
                health and safety; and
                    (viii) members of the consortium created under
                subsection (a)(2)(F).
                (C) Cost and schedule estimates.--The report under this
            paragraph shall include estimated costs, budgets, and
            timeframes for all activities carried out under this section.
                (D) Required evaluations.--The report under this paragraph
            shall evaluate--
                    (i) the actions required to establish and carry out the
                program under subsection (a)(1) and the cost of such
                actions, including with respect to--

                        (I) proposed preliminary terms for contracting
                    between the Department and recipients of HA-LEU under
                    the program (including guidelines defining the roles
                    and responsibilities between the Department and the
                    recipient); and
                        (II) the potential to coordinate with recipients of
                    HA-LEU under the program regarding--

                            (aa) fuel fabrication; and
                            (bb) fuel transport;
                    (ii) the potential sources and fuel forms available to
                provide uranium for the program under subsection (a)(1);
                    (iii) options to coordinate the program under
                subsection (a)(1) with the operation of the versatile,
                reactor-based fast neutron source under section 959A of the
                Energy Policy Act of 2005 (as added by section 2003);
                    (iv) the ability of uranium producers to provide
                materials for advanced nuclear reactor fuel;
                    (v) any associated legal, regulatory, and policy issues
                that should be addressed to enable--

                        (I) implementation of the program under subsection
                    (a)(1); and
                        (II) the establishment of an industry capable of
                    providing HA-LEU; and

                    (vi) any research and development plans to develop
                criticality benchmark data under subsection (a)(2)(A), if
                needed.
            (3) Alternate fuels report.--Not later than 180 days after the
        date of enactment of this Act, the Secretary shall, after
        consulting with relevant entities, including National Laboratories,
        institutions of higher education, and technology developers, submit
        to Congress a report identifying any and all options for providing
        nuclear material, containing isotopes other than the uranium-235
        isotope, such as uranium-233 and thorium-232 to be used as fuel for
        advanced nuclear reactor research, development, demonstration, or
        commercial application purposes.
        (c) Authorization of Appropriations.--There are authorized to be
    appropriated to carry out research, development, demonstration, and
    transportation activities in this section--
            (1) $31,500,000 for fiscal year 2021;
            (2) $33,075,000 for fiscal year 2022;
            (3) $34,728,750 for fiscal year 2023;
            (4) $36,465,188 for fiscal year 2024; and
            (5) $38,288,447 for fiscal year 2025.
        (d) Definitions.--In this section:
            (1) Commission.--The term ``Commission'' means the Nuclear
        Regulatory Commission.
            (2) Demonstration project.--The term ``demonstration project''
        has the meaning given such term in section 959A of the Energy
        Policy Act of 2005.
            (3) HA-LEU.--The term ``HA-LEU'' means high-assay low-enriched
        uranium.
            (4) High-assay low-enriched uranium.--The term ``high-assay
        low-enriched uranium'' means uranium having an assay greater than
        5.0 weight percent and less than 20.0 weight percent of the
        uranium-235 isotope.
            (5) High-enriched uranium.--The term ``high-enriched uranium''
        means uranium with an assay of 20.0 weight percent or more of the
        uranium-235 isotope.
            (6) Secretary.--The term ``Secretary'' means the Secretary of
        Energy.
    SEC. 2002. AMENDMENTS TO DEFINITIONS IN ENERGY POLICY ACT OF 2005.
        Section 951(b)(1) of the Energy Policy Act of 2005 (42 U.S.C.
    16271(b)(1)) is amended to read as follows:
            ``(1) Advanced nuclear reactor.--The term `advanced nuclear
        reactor' means--
                ``(A) a nuclear fission reactor, including a prototype
            plant (as defined in sections 50.2 and 52.1 of title 10, Code
            of Federal Regulations (or successor regulations)), with
            significant improvements compared to reactors operating on the
            date of enactment of the Energy Act of 2020, including
            improvements such as--
                    ``(i) additional inherent safety features;
                    ``(ii) lower waste yields;
                    ``(iii) improved fuel and material performance;
                    ``(iv) increased tolerance to loss of fuel cooling;
                    ``(v) enhanced reliability or improved resilience;
                    ``(vi) increased proliferation resistance;
                    ``(vii) increased thermal efficiency;
                    ``(viii) reduced consumption of cooling water and other
                environmental impacts;
                    ``(ix) the ability to integrate into electric
                applications and nonelectric applications;
                    ``(x) modular sizes to allow for deployment that
                corresponds with the demand for electricity or process
                heat; and
                    ``(xi) operational flexibility to respond to changes in
                demand for electricity or process heat and to complement
                integration with intermittent renewable energy or energy
                storage; and
                ``(B) a fusion reactor.''.
    SEC. 2003. NUCLEAR ENERGY RESEARCH, DEVELOPMENT, DEMONSTRATION, AND
    COMMERCIAL APPLICATION PROGRAMS.
        (a) Reactor Concepts Research, Development, and Demonstration.--
    Section 952 of the Energy Policy Act of 2005 (42 U.S.C. 16272) is
    amended to read as follows:
        ``SEC. 952. REACTOR CONCEPTS RESEARCH, DEVELOPMENT, DEMONSTRATION,
          AND COMMERCIAL APPLICATION.
        ``(a) Sustainability Program for Light Water Reactors.--
            ``(1) In general.--The Secretary shall carry out a program of
        research, development, demonstration, and commercial application,
        including through the use of modeling and simulation, to support
        existing operating nuclear power plants which shall address
        technologies to modernize and improve, with respect to such
        plants--
                ``(A) reliability;
                ``(B) capacity;
                ``(C) component aging;
                ``(D) safety;
                ``(E) physical security and security costs;
                ``(F) plant lifetime;
                ``(G) operations and maintenance costs, including by
            utilizing risk-informed systems analysis;
                ``(H) the ability for plants to operate flexibly;
                ``(I) nuclear integrated energy system applications
            described in subsection (c);
                ``(J) efficiency;
                ``(K) environmental impacts; and
                ``(L) resilience.
            ``(2) Authorization of appropriations.--There are authorized to
        be appropriated to the Secretary to carry out the program under
        this subsection $55,000,000 for each of fiscal years 2021 through
        2025.
            ``(3) Report.--The Secretary shall submit annually a public
        report to the Committee on Science, Space, and Technology of the
        House of Representatives and the Committee on Energy and Natural
        Resources of the Senate documenting funds spent under the program
        that describes program activities, objectives, and outcomes,
        including those that could benefit the entirety of the existing
        reactor fleet, such as with respect to aging management and related
        sustainability concerns, and identifying funds awarded to private
        entities.
        ``(b) Advanced Reactor Technologies.--
            ``(1) In general.--The Secretary shall carry out a program of
        research, development, demonstration, and commercial application to
        support advanced reactor technologies.
            ``(2) Requirements.--In carrying out the program under this
        subsection, the Secretary shall--
                ``(A) prioritize designs for advanced nuclear reactors that
            are proliferation resistant and passively safe, including
            designs that, compared to reactors operating on the date of
            enactment of the Energy Act of 2020--
                    ``(i) are economically competitive with other electric
                power generation plants;
                    ``(ii) have higher efficiency, lower cost, less
                environmental impacts, increased resilience, and improved
                safety;
                    ``(iii) use fuels that are proliferation resistant and
                have reduced production of high-level waste per unit of
                output; and
                    ``(iv) use advanced instrumentation and monitoring
                systems;
                ``(B) consult with the Nuclear Regulatory Commission on
            appropriate metrics to consider for the criteria specified in
            subparagraph (A);
                ``(C) support research and development to resolve materials
            challenges relating to extreme environments, including
            environments that contain high levels of--
                    ``(i) radiation fluence;
                    ``(ii) temperature;
                    ``(iii) pressure; and
                    ``(iv) corrosion;
                ``(D) support research and development to aid in the
            qualification of advanced fuels, including fabrication
            techniques;
                ``(E) support activities that address near-term challenges
            in modeling and simulation to enable accelerated design of and
            licensing of advanced nuclear reactors, including the
            identification of tools and methodologies for validating such
            modeling and simulation efforts;
                ``(F) develop technologies, including technologies to
            manage, reduce, or reuse nuclear waste;
                ``(G) ensure that nuclear research infrastructure is
            maintained or constructed, including--
                    ``(i) currently operational research reactors at the
                National Laboratories and institutions of higher education;
                    ``(ii) hot cell research facilities;
                    ``(iii) a versatile fast neutron source; and
                    ``(iv) advanced coolant testing facilities, including
                coolants such as lead, sodium, gas, and molten salt;
                ``(H) improve scientific understanding of nonlight water
            coolant physics and chemistry;
                ``(I) develop advanced sensors and control systems,
            including the identification of tools and methodologies for
            validating such sensors and systems;
                ``(J) investigate advanced manufacturing and advanced
            construction techniques and materials to reduce the cost of
            advanced nuclear reactors, including the use of digital twins
            and of strategies to implement project and construction
            management best practices, and study the effects of radiation
            and corrosion on materials created with these techniques;
                ``(K) consult with the Administrator of the National
            Nuclear Security Administration to integrate reactor safeguards
            and security into design;
                ``(L) support efforts to reduce any technical barriers that
            would prevent commercial application of advanced nuclear energy
            systems; and
                ``(M) develop various safety analyses and emergency
            preparedness and response methodologies.
            ``(3) Coordination.--The Secretary shall coordinate with
        individuals engaged in the private sector and individuals who are
        experts in nuclear nonproliferation, environmental and public
        health and safety, and economics to advance the development of
        various designs of advanced nuclear reactors. In carrying out this
        paragraph, the Secretary shall convene an advisory committee of
        such individuals and such committee shall submit annually a report
        to the relevant committees of Congress with respect to the progress
        of the program.
            ``(4) Authorization of appropriations.--There are authorized to
        be appropriated to the Secretary to carry out the program under
        this subsection $55,000,000 for each of fiscal years 2021 through
        2025.
        ``(c) Nuclear Integrated Energy Systems Research, Development,
    Demonstration, and Commercial Application Program.--
            ``(1) In general.--The Secretary shall carry out a program of
        research, development, demonstration, and commercial application to
        develop nuclear integrated energy systems, composed of 2 or more
        co-located or jointly operated subsystems of energy generation,
        energy storage, or other technologies and in which not less than 1
        such subsystem is a nuclear energy system, to--
                ``(A) reduce greenhouse gas emissions in both the power and
            nonpower sectors; and
                ``(B) maximize energy production and efficiency.
            ``(2) Coordination.--In carrying out the program under
        paragraph (1), the Secretary shall coordinate with--
                ``(A) relevant program offices within the Department of
            Energy;
                ``(B) National Laboratories;
                ``(C) institutions of higher education; and
                ``(D) the private sector.
            ``(3) Focus areas.--The program under paragraph (1) may include
        research, development, demonstration, or commercial application of
        nuclear integrated energy systems with respect to--
                ``(A) desalination technologies and processes;
                ``(B) hydrogen or other liquid and gaseous fuel or chemical
            production;
                ``(C) heat for industrial processes;
                ``(D) district heating;
                ``(E) heat or electricity generation and storage;
                ``(F) carbon capture, use, utilization, and storage;
                ``(G) microgrid or island applications;
                ``(H) integrated systems modeling, analysis, and
            optimization, inclusive of different configurations of
            integrated energy systems; and
                ``(I) integrated design, planning, building, and operation
            of systems with existing infrastructure, including
            interconnection requirements with the electric grid, as
            appropriate.
            ``(4) Authorization of appropriations.--There are authorized to
        be appropriated to the Secretary to carry out the program under
        this subsection--
                ``(A) $20,000,000 for fiscal year 2021;
                ``(B) $30,000,000 for fiscal year 2022;
                ``(C) $30,000,000 for fiscal year 2023;
                ``(D) $40,000,000 for fiscal year 2024; and
                ``(E) $40,000,000 for fiscal year 2025.''.
        (b) Fuel Cycle Research and Development.--Section 953 of the Energy
    Policy Act of 2005 (42 U.S.C. 16273) is amended to read as follows:
        ``SEC. 953. FUEL CYCLE RESEARCH, DEVELOPMENT, DEMONSTRATION, AND
          COMMERCIAL APPLICATION.
        ``(a) Used Nuclear Fuel Research, Development, Demonstration, and
    Commercial Application.--
            ``(1) In general.--The Secretary shall conduct an advanced fuel
        cycle research, development, demonstration, and commercial
        application program to improve fuel cycle performance, minimize
        environmental and public health and safety impacts, and support a
        variety of options for used nuclear fuel storage, use, and
        disposal, including advanced nuclear reactor and non-reactor
        concepts (such as radioisotope power systems), which may include--
                ``(A) dry cask storage;
                ``(B) consolidated interim storage;
                ``(C) deep geological storage and disposal, including mined
            repository, and other technologies;
                ``(D) used nuclear fuel transportation;
                ``(E) integrated waste management systems;
                ``(F) vitrification;
                ``(G) fuel recycling and transmutation technologies,
            including advanced reprocessing technologies such as
            electrochemical and molten salt technologies, and advanced
            redox extraction technologies;
                ``(H) advanced materials to be used in subparagraphs (A)
            through (G); and
                ``(I) other areas as determined by the Secretary.
            ``(2) Requirements.--In carrying out the program under this
        subsection, the Secretary shall--
                ``(A) ensure all activities and designs incorporate state
            of the art safeguards technologies and techniques to reduce
            risk of proliferation;
                ``(B) consult with the Administrator of the National
            Nuclear Security Administration to integrate safeguards and
            security by design;
                ``(C) consider the potential benefits and other impacts of
            those activities for civilian nuclear applications,
            environmental health and safety, and national security,
            including consideration of public consent; and
                ``(D) consider the economic viability of all activities and
            designs.
            ``(3) Authorization of appropriations.--There are authorized to
        be appropriated to the Secretary to carry out the program under
        this subsection $60,000,000 for each of fiscal years 2021 through
        2025.
        ``(b) Advanced Fuels.--
            ``(1) In general.--The Secretary shall conduct an advanced
        fuels research, development, demonstration, and commercial
        application program on next-generation light water reactor and
        advanced reactor fuels that demonstrate the potential for
        improved--
                ``(A) performance;
                ``(B) accident tolerance;
                ``(C) proliferation resistance;
                ``(D) use of resources;
                ``(E) environmental impact; and
                ``(F) economics.
            ``(2) Requirements.--In carrying out the program under this
        subsection, the Secretary shall focus on the development of
        advanced technology fuels, including fabrication techniques, that
        offer improved accident-tolerance and economic performance with the
        goal of initial commercial application by December 31, 2025.
            ``(3) Report.--Not later than 180 days after the date of
        enactment of this section, the Secretary shall submit to the
        Committee on Science, Space, and Technology of the House of
        Representatives and the Committee on Energy and Natural Resources
        of the Senate a report that describes how the technologies and
        concepts studied under this program would impact reactor economics,
        the fuel cycle, operations, safety, proliferation, and the
        environment.
            ``(4) Authorization of appropriations.--There are authorized to
        be appropriated to the Secretary to carry out the program under
        this subsection $125,000,000 for each of fiscal years 2021 through
        2025.''.
        (c) Nuclear Science and Engineering Support.--Section 954 of the
    Energy Policy Act of 2005 (42 U.S.C. 16274) is amended--
            (1) in the section heading, by striking ``university nuclear''
        and inserting ``nuclear'';
            (2) in subsection (b)--
                (A) in the matter preceding paragraph (1), by striking
            ``this section'' and inserting ``this subsection''; and
                (B) by redesignating paragraphs (1) through (5) as
            subparagraphs (A) through (E), respectively, and indenting
            appropriately;
            (3) in subsection (c), by redesignating paragraphs (1) and (2)
        as subparagraphs (A) and (B), respectively, and indenting
        appropriately;
            (4) in subsection (d)--
                (A) in the matter preceding paragraph (1), by striking
            ``this section'' and inserting ``this subsection''; and
                (B) by redesignating paragraphs (1) through (4) as
            subparagraphs (A) through (D), respectively, and indenting
            appropriately;
            (5) in subsection (e), by striking ``this section'' and
        inserting ``this subsection'';
            (6) in subsection (f)--
                (A) by striking ``this section'' and inserting ``this
            subsection''; and
                (B) by striking ``subsection (b)(2)'' and inserting
            ``paragraph (2)(B)'';
            (7) by redesignating subsections (a) through (d) as paragraphs
        (1) through (4), respectively, and indenting appropriately;
            (8) by redesignating subsections (e) and (f) as paragraphs (7)
        and (8), respectively;
            (9) by inserting after paragraph (4) (as so redesignated) the
        following:
            ``(5) Radiological facilities management.--
                ``(A) In general.--The Secretary shall carry out a program
            under which the Secretary shall provide project management,
            technical support, quality engineering and inspection, and
            nuclear material handling support to research reactors located
            at universities.
                ``(B) Authorization of appropriations.--Of any amounts
            appropriated to carry out the program under this subsection,
            there are authorized to be appropriated to the Secretary to
            carry out the program under this paragraph $20,000,000 for each
            of fiscal years 2021 through 2025.
            ``(6) Nuclear energy university program.--In carrying out the
        programs under this section, the Department shall, to the maximum
        extent practicable, allocate 20 percent of funds appropriated to
        nuclear energy research and development programs annually to fund
        university-led research and university infrastructure projects
        through an open, competitive solicitation process.'';
            (10) by inserting before paragraph (1) (as so redesignated) the
        following:
        ``(a) University Nuclear Science and Engineering Support.--''; and
            (11) by adding at the end the following:
        ``(b) Nuclear Energy Graduate Traineeship Subprogram.--
            ``(1) Establishment.--In carrying out the program under
        subsection (a), the Secretary shall establish a nuclear energy
        graduate traineeship subprogram under which the Secretary shall
        competitively award graduate traineeships in coordination with
        universities to provide focused, advanced training to meet critical
        mission needs of the Department, including in industries that are
        represented by skilled labor unions.
            ``(2) Requirements.--In carrying out the subprogram under this
        subsection, the Secretary shall--
                ``(A) encourage appropriate partnerships among National
            Laboratories, affected universities, and industry; and
                ``(B) on an annual basis, evaluate the needs of the nuclear
            energy community to implement graduate traineeships for focused
            topical areas addressing mission-specific workforce needs.
            ``(3) Authorization of appropriations.--There are authorized to
        be appropriated to the Secretary to carry out the subprogram under
        this subsection $5,000,000 for each of fiscal years 2021 through
        2025.''.
        (d) Conforming Amendment.--The table of contents of the Energy
    Policy Act of 2005 (Public Law 109- 58; 119 Stat. 600) is amended by
    striking the items relating to sections 952 through 954 and inserting
    the following:

    ``Sec. 952. Reactor concepts research, development, demonstration, and
              commercial application.
    ``Sec. 953. Fuel cycle research, development, demonstration, and
              commercial application.
    ``Sec. 954. Nuclear science and engineering support.''.

        (e) University Nuclear Leadership Program.--Section 313 of the
    Omnibus Appropriations Act, 2009 (42 U.S.C. 16274a), is amended to read
    as follows:
        ``SEC. 313. UNIVERSITY NUCLEAR LEADERSHIP PROGRAM.
        ``(a) In General.--The Secretary of Energy, the Administrator of
    the National Nuclear Security Administration, and the Chairman of the
    Nuclear Regulatory Commission shall jointly establish a program, to be
    known as the `University Nuclear Leadership Program'.
        ``(b) Use of Funds.--
            ``(1) In general.--Except as provided in paragraph (2), amounts
        made available to carry out the Program shall be used to provide
        financial assistance for scholarships, fellowships, and research
        and development projects at institutions of higher education in
        areas relevant to the programmatic mission of the applicable
        Federal agency, with an emphasis on providing the financial
        assistance with respect to research, development, demonstration,
        and commercial application activities relevant to civilian advanced
        nuclear reactors including, but not limited to--
                ``(A) relevant fuel cycle technologies;
                ``(B) project management; and
                ``(C) advanced construction, manufacturing, and fabrication
            methods.
            ``(2) Exception.--Notwithstanding paragraph (1), amounts made
        available to carry out the Program may be used to provide financial
        assistance for a scholarship, fellowship, or multiyear research and
        development project that does not align directly with a
        programmatic mission of the Department of Energy, if the activity
        for which assistance is provided would facilitate the maintenance
        of the discipline of nuclear science or engineering.
        ``(c) Definitions.--In this section:
            ``(1) Advanced nuclear reactor; institution of higher
        education.--The terms `advanced nuclear reactor' and `institution
        of higher education' have the meanings given those terms in section
        951 of the Energy Policy Act of 2005 (42 U.S.C. 16271).
            ``(2) Program.--The term `Program' means the University Nuclear
        Leadership Program established under this section.
        ``(d) Authorization of Appropriations.--There are authorized to be
    appropriated to carry out the Program for each of fiscal years 2021
    through 2025--
            ``(1) $30,000,000 to the Secretary of Energy, of which
        $15,000,000 shall be for use by the Administrator of the National
        Nuclear Security Administration; and
            ``(2) $15,000,000 to the Nuclear Regulatory Commission.''.
        (f) Nuclear Energy Research Infrastructure.--Section 955 of the
    Energy Policy Act of 2005 (42 U.S.C. 16275) is amended--
            (1) in subsection (c), paragraph (1)--
                (A) in the paragraph heading, by striking ``Mission need''
            and inserting ``Authorization''; and
                (B) in subparagraph (A), by striking ``determine the
            mission need'' and inserting ``provide'';
            (2) by adding at the end of subsection (c) the following:
            ``(7) Authorization of appropriations.--There are authorized to
        be appropriated to the Secretary to carry out to completion the
        construction of the facility under this section--
                ``(A) $295,000,000 for fiscal year 2021;
                ``(B) $348,000,000 for fiscal year 2022;
                ``(C) $525,000,000 for fiscal year 2023;
                ``(D) $534,000,000 for fiscal year 2024; and
                ``(E) $584,000,000 for fiscal year 2025.''.
            (3) in subsection (c) paragraph (4), by striking ``2025'' and
        inserting ``2026''; and
            (4) by adding at the end the following:
        ``(d) Gateway for Accelerated Innovation in Nuclear.--
            ``(1) In general.--In carrying out the programs under this
        subtitle, the Secretary is authorized to establish a new initiative
        to be known as the Gateway for Accelerated Innovation in Nuclear
        (GAIN). The initiative shall, to the maximum extent practicable and
        consistent with national security, provide the nuclear energy
        industry with access to cutting edge research and development along
        with the technical, regulatory, and financial support necessary to
        move innovative nuclear energy technologies toward
        commercialization in an accelerated and cost-effective fashion. The
        Secretary shall make available, as a minimum--
                ``(A) experimental capabilities and testing facilities;
                ``(B) computational capabilities, modeling, and simulation
            tools;
                ``(C) access to existing datasets and data validation
            tools; and
                ``(D) technical assistance with guidance or processes as
            needed.
            ``(2) Selection.--
                ``(A) In general.--The Secretary shall select industry
            partners for awards on a competitive merit-reviewed basis.
                ``(B) Considerations.--In selecting industry partners under
            subparagraph (A), the Secretary shall consider--
                    ``(i) the information disclosed by the Department as
                described in paragraph (1); and
                    ``(ii) any existing facilities the Department will
                provide for public private partnership activities.''.
        (g) Advanced Reactor Demonstration Program.--
            (1) In general.--Subtitle E of title IX of the Energy Policy
        Act of 2005 (42 U.S.C. 16271 et seq.) is amended by adding at the
        end the following:
    ``SEC. 959A. ADVANCED REACTOR DEMONSTRATION PROGRAM.
        ``(a) Demonstration Project Defined.--For the purposes of this
    section, the term `demonstration project' means an advanced nuclear
    reactor operated in any manner, including as part of the power
    generation facilities of an electric utility system, for the purpose of
    demonstrating the suitability for commercial application of the
    advanced nuclear reactor.
        ``(b) Establishment.--The Secretary shall establish a program to
    advance the research, development, demonstration, and commercial
    application of domestic advanced, affordable, nuclear energy
    technologies by--
            ``(1) demonstrating a variety of advanced nuclear reactor
        technologies, including those that could be used to produce--
                ``(A) safer, emissions-free power at a competitive cost of
            electricity compared to other new energy generation
            technologies on the date of enactment of the Energy Act of
            2020;
                ``(B) heat for community heating, industrial purposes, heat
            storage, or synthetic fuel production;
                ``(C) remote or off-grid energy supply; or
                ``(D) backup or mission-critical power supplies;
            ``(2) identifying research areas that the private sector is
        unable or unwilling to undertake due to the cost of, or risks
        associated with, the research; and
            ``(3) facilitating the access of the private sector--
                ``(A) to Federal research facilities and personnel; and
                ``(B) to the results of research relating to civil nuclear
            technology funded by the Federal Government.
        ``(c) Demonstration Projects.--In carrying out demonstration
    projects under the program established in subsection (b), the Secretary
    shall--
            ``(1) include, as an evaluation criterion, diversity in designs
        for the advanced nuclear reactors demonstrated under this section,
        including designs using various--
                ``(A) primary coolants;
                ``(B) fuel types and compositions; and
                ``(C) neutron spectra;
            ``(2) consider, as evaluation criterions--
                ``(A) the likelihood that the operating cost for future
            commercial units for each design implemented through a
            demonstration project under this subsection is cost-competitive
            in the applicable market, including those designs configured as
            integrated energy systems as described in section 952(c);
                ``(B) the technology readiness level of a proposed advanced
            nuclear reactor technology;
                ``(C) the technical abilities and qualifications of teams
            desiring to demonstrate a proposed advanced nuclear reactor
            technology; and
                ``(D) the capacity to meet cost-share requirements of the
            Department;
            ``(3) ensure that each evaluation of candidate technologies for
        the demonstration projects is completed through an external review
        of proposed designs, which review shall--
                ``(A) be conducted by a panel that includes not fewer than
            1 representative that does not have a conflict of interest of
            each within the applicable market of the design of--
                    ``(i) an electric utility;
                    ``(ii) an entity that uses high-temperature process
                heat for manufacturing or industrial processing, such as a
                petrochemical or synthetic fuel company, a manufacturer of
                metals or chemicals, or a manufacturer of concrete;
                    ``(iii) an expert from the investment community;
                    ``(iv) a project management practitioner; and
                    ``(v) an environmental health and safety expert; and
                ``(B) include a review of each demonstration project under
            this subsection which shall include consideration of cost-
            competitiveness and other value streams, together with the
            technology readiness level, the technical abilities and
            qualifications of teams desiring to demonstrate a proposed
            advanced nuclear reactor technology, the capacity to meet cost-
            share requirements of the Department, if Federal funding is
            provided, and environmental impacts;
            ``(4) for federally funded demonstration projects, enter into
        cost-sharing agreements with private sector partners in accordance
        with section 988 for the conduct of activities relating to the
        research, development, and demonstration of advanced nuclear
        reactor designs under the program;
            ``(5) consult with--
                ``(A) National Laboratories;
                ``(B) institutions of higher education;
                ``(C) traditional end users (such as electric utilities);
                ``(D) potential end users of new technologies (such as
            users of high-temperature process heat for manufacturing
            processing, including petrochemical or synthetic fuel
            companies, manufacturers of metals or chemicals, or
            manufacturers of concrete);
                ``(E) developers of advanced nuclear reactor technology;
                ``(F) environmental and public health and safety experts;
            and
                ``(G) non-proliferation experts;
            ``(6) seek to ensure that the demonstration projects carried
        out under this section do not cause any delay in the progress of an
        advanced reactor project by private industry and the Department of
        Energy that is underway as of the date of enactment of this
        section;
            ``(7) establish a streamlined approval process for expedited
        contracting between awardees and the Department;
            ``(8) identify technical challenges to candidate technologies;
            ``(9) support near-term research and development to address the
        highest risk technical challenges to the successful demonstration
        of a selected advanced reactor technology, in accordance with--
                ``(A) paragraph (8);
                ``(B) the research and development activities under section
            952(b); and
                ``(C) the research and development activities under section
            958; and
            ``(10) establish such technology advisory working groups as the
        Secretary determines to be appropriate to advise the Secretary
        regarding the technical challenges identified under paragraph (8)
        and the scope of research and development programs to address the
        challenges, in accordance with paragraph (9), to be comprised of--
                ``(A) private sector advanced nuclear reactor technology
            developers;
                ``(B) technical experts with respect to the relevant
            technologies at institutions of higher education;
                ``(C) technical experts at the National Laboratories;
                ``(D) environmental and public health and safety experts;
                ``(E) non-proliferation experts; and
                ``(F) any other entities the Secretary determines
            appropriate.
        ``(d) Milestone-based Demonstration Projects.--The Secretary may
    carry out demonstration projects under subsection (c) as a milestone-
    based demonstration project under section 9005 of the Energy Act of
    2020.
        ``(e) Nonduplication.--Entities may not receive funds under this
    program if receiving funds from another reactor demonstration program
    at the Department in the same fiscal year.
        ``(f) Authorization of Appropriations.--There are authorized to be
    appropriated to the Secretary to carry out the program under this
    subsection--
            ``(1) $405,000,000 for fiscal year 2021;
            ``(2) $405,000,000 for fiscal year 2022;
            ``(3) $420,000,000 for fiscal year 2023;
            ``(4) $455,000,000 for fiscal year 2024; and
            ``(5) $455,000,000 for fiscal year 2025.''.
            (2) Table of contents.--The table of contents of the Energy
        Policy Act of 2005 (Public Law 109-58; 119 Stat. 594) is amended--
                (A) in the items relating to sections 957, 958, and 959, by
            inserting ``Sec.'' before ``95'' each place it appears; and
                (B) by inserting after the item relating to section 959 the
            following:

    ``Sec. 959A. Advanced reactor demonstration program.''.

        (h) International Nuclear Energy Cooperation.--
            (1) In general.--Subtitle E of title IX of the Energy Policy
        Act of 2005 (42 U.S.C. 16271 et seq.), as amended by subsection
        (g), is further amended by adding at the end the following:
    ``SEC. 959B. INTERNATIONAL NUCLEAR ENERGY COOPERATION.
        ``The Secretary shall carry out a program--
            ``(1) to collaborate in international efforts with respect to
        research, development, demonstration, and commercial application of
        nuclear technology that supports diplomatic, financing,
        nonproliferation, climate, and international economic objectives
        for the safe, secure, and peaceful use of such technology; and
            ``(2) to develop collaboration initiatives with respect to such
        efforts with a variety of countries through--
                ``(A) preparations for research and development agreements;
                ``(B) the development of coordinated action plans; and
                ``(C) new or existing multilateral cooperation commitments
            including--
                    ``(i) the International Framework for Nuclear Energy
                Cooperation;
                    ``(ii) the Generation IV International Forum;
                    ``(iii) the International Atomic Energy Agency;
                    ``(iv) the Organization for Economic Co-operation and
                Development Nuclear Energy Agency; and
                    ``(v) any other international collaborative effort with
                respect to advanced nuclear reactor operations and
                safety.''.
            (2) Table of contents.--The table of contents of the Energy
        Policy Act of 2005 (Public Law 109-58; 119 Stat. 594), as amended
        by subsection (g), is further amended by inserting after the item
        relating to section 959A the following:

    ``Sec. 959B. International nuclear energy cooperation.''.
    SEC. 2004. HIGH-PERFORMANCE COMPUTATION COLLABORATIVE RESEARCH PROGRAM.
        Section 957 of the Energy Policy Act of 2005 (42 U.S.C. 16277) is
    amended by adding at the end the following:
        ``(d) Duplication.--The Secretary shall ensure the coordination of,
    and avoid unnecessary duplication of, the activities of the program
    under subsection (a) with the activities of--
            ``(1) other research entities of the Department, including the
        National Laboratories, the Advanced Research Projects Agency-
        Energy, and the Advanced Scientific Computing Research program; and
            ``(2) industry.''.
    SEC. 2005. NUCLEAR ENERGY BUDGET PLAN.
        Section 959 of the Energy Policy Act of 2005 (42 U.S.C. 16279) is
    amended--
            (1) by amending subsection (b) to read as follows:
        ``(b) Budget Plan Alternative 1.--One of the budget plans submitted
    under subsection (a) shall assume constant annual funding for 10 years
    at the appropriated level for the current fiscal year for the civilian
    nuclear energy research and development of the Department.'';
            (2) in subsection (d)(2) by striking ``; and'' and inserting
        ``;'';
            (3) in subsection (d)(3) by striking the period at the end and
        inserting ``; and''
            (4) by inserting at the end of subsection (d) the following:
            ``(4) a description of the progress made under the programs
        described in section 959A.''; and
            (5) by inserting after subsection (d) the following:
        ``(e) Updates.--Not less frequently than once every 2 years, the
    Secretary shall submit to the Committee on Science, Space, and
    Technology of the House of Representatives and the Committee on Energy
    and Natural Resources of the Senate updated 10-year budget plans which
    shall identify, and provide a justification for, any major deviation
    from a previous budget plan submitted under this section.''.
    SEC. 2006. ORGANIZATION AND ADMINISTRATION OF PROGRAMS.
        (a) In General.--Subtitle E of title IX of the Energy Policy Act of
    2005 (42 U.S.C. 16271 et seq.), as amended by this Act, is further
    amended by adding at the end of the following:
    ``SEC. 959C. ORGANIZATION AND ADMINISTRATION OF PROGRAMS.
        ``(a) Coordination.--In carrying out this subtitle, the Secretary
    shall coordinate activities, and effectively manage crosscutting
    research priorities across programs of the Department and other
    relevant Federal agencies, including the National Laboratories.
        ``(b) Collaboration.--
            ``(1) In general.--In carrying out this subtitle, the Secretary
        shall collaborate with industry, National Laboratories, other
        relevant Federal agencies, institutions of higher education,
        including minority-serving institutions and research reactors,
        Tribal entities, including Alaska Native Corporations, and
        international bodies with relevant scientific and technical
        expertise.
            ``(2) Participation.--To the extent practicable, the Secretary
        shall encourage research projects that promote collaboration
        between entities specified in paragraph (1).
        ``(c) Dissemination of Results and Public Availability.--The
    Secretary shall, except to the extent protected from disclosure under
    section 552(b) of title 5, United States Code, publish the results of
    projects supported under this subtitle through Department websites,
    reports, databases, training materials, and industry conferences,
    including information discovered after the completion of such projects.
        ``(d) Education and Outreach.--In carrying out the activities
    described in this subtitle, the Secretary shall support education and
    outreach activities to disseminate information and promote public
    understanding of nuclear energy.
        ``(e) Technical Assistance.--In carrying out this subtitle, for the
    purposes of supporting technical, nonhardware, and information-based
    advances in nuclear energy development and operations, the Secretary
    shall also conduct technical assistance and analysis activities,
    including activities that support commercial application of nuclear
    energy in rural, Tribal, and low-income communities.
        ``(f) Program Review.--At least annually, all programs in this
    subtitle shall be subject to an annual review by the Nuclear Energy
    Advisory Committee of the Department or other independent entity, as
    appropriate.
        ``(g) Sensitive Information.--The Secretary shall not publish any
    information generated under this subtitle that is detrimental to
    national security, as determined by the Secretary.''.
        (b) Table of Contents.--The table of contents of the Energy Policy
    Act of 2005 (Public Law 109-58; 119 Stat. 594), as amended by this Act,
    is further amended by inserting after the item relating to section 959B
    the following:

    ``Sec. 959C. Organization and administration of programs.''.
    SEC. 2007. EXTENSION AND EXPANSION OF LIMITATIONS ON IMPORTATION OF
    URANIUM FROM RUSSIAN FEDERATION.
        (a) In General.--Section 3112A of the USEC Privatization Act (42
    U.S.C. 2297h-10a) is amended--
            (1) in subsection (a)--
                (A) by redesignating paragraph (7) as paragraph (8); and
                (B) by inserting after paragraph (6) the following:
            ``(7) Suspension agreement.--The term `Suspension Agreement'
        has the meaning given that term in section 3102(13).'';
            (2) in subsection (b)--
                (A) by striking ``United States to support'' and inserting
            the following: ``United States--
            ``(1) to support'';
                (B) by striking the period at the end and inserting a
            semicolon; and
                (C) by adding at the end the following:
            ``(2) to reduce reliance on uranium imports in order to protect
        essential national security interests;
            ``(3) to revive and strengthen the supply chain for nuclear
        fuel produced and used in the United States; and
            ``(4) to expand production of nuclear fuel in the United
        States.''; and
            (3) in subsection (c)--
                (A) in paragraph (2)--
                    (i) in subparagraph (A)--

                        (I) in clause (vi), by striking ``; and'' and
                    inserting a semicolon;
                        (II) in clause (vii), by striking the period at the
                    end and inserting a semicolon; and
                        (III) by adding at the end the following:

                    ``(viii) in calendar year 2021, 596,682 kilograms;
                    ``(ix) in calendar year 2022, 489,617 kilograms;
                    ``(x) in calendar year 2023, 578,877 kilograms;
                    ``(xi) in calendar year 2024, 476,536 kilograms;
                    ``(xii) in calendar year 2025, 470,376 kilograms;
                    ``(xiii) in calendar year 2026, 464,183 kilograms;
                    ``(xiv) in calendar year 2027, 459,083 kilograms;
                    ``(xv) in calendar year 2028, 344,312 kilograms;
                    ``(xvi) in calendar year 2029, 340,114 kilograms;
                    ``(xvii) in calendar year 2030, 332,141 kilograms;
                    ``(xviii) in calendar year 2031, 328,862 kilograms;
                    ``(xix) in calendar year 2032, 322,255 kilograms;
                    ``(xx) in calendar year 2033, 317,536 kilograms;
                    ``(xxi) in calendar year 2034, 298,088 kilograms;
                    ``(xxii) in calendar year 2035, 294,511 kilograms;
                    ``(xxiii) in calendar year 2036, 286,066 kilograms;
                    ``(xxiv) in calendar year 2037, 281,272 kilograms;
                    ``(xxv) in calendar year 2038, 277,124 kilograms;
                    ``(xxvi) in calendar year 2039, 277,124 kilograms; and
                    ``(xxvii) in calendar year 2040, 267,685 kilograms.'';
                    (ii) by redesignating subparagraph (B) as subparagraph
                (C); and
                    (iii) by inserting after subparagraph (A) the
                following:
                ``(B) Administration.--
                    ``(i) In general.--The Secretary of Commerce shall
                administer the import limitations described in subparagraph
                (A) in accordance with the provisions of the Suspension
                Agreement, including--

                        ``(I) the limitations on sales of enriched uranium
                    product and separative work units plus conversion, in
                    amounts determined in accordance with Section IV.B.1 of
                    the Suspension Agreement (as amended by the amendment
                    published in the Federal Register on October 9, 2020
                    (85 Fed. Reg. 64112));
                        ``(II) the export limit allocations set forth in
                    Appendix 5 of the Suspension Agreement (as so amended);
                        ``(III) the requirements for natural uranium
                    returned feed associated with imports of low-enriched
                    uranium, including pursuant to sales of enrichment,
                    with or without conversion, from the Russian
                    Federation, as set forth in Section IV.B.1 of the
                    Suspension Agreement (as so amended);
                        ``(IV) any other provisions of the Suspension
                    Agreement (as so amended); and
                        ``(V) any related administrative guidance issued by
                    the Department of Commerce.

                    ``(ii) Effect of termination of suspension agreement.--
                Clause (i) shall remain in effect if the Suspension
                Agreement is terminated.'';
                (B) in paragraph (3)--
                    (i) in subparagraph (A), by striking the semicolon and
                inserting ``; or'';
                    (ii) in subparagraph (B), by striking ``; or'' and
                inserting a period; and
                    (iii) by striking subparagraph (C);
                (C) in paragraph (5)--
                    (i) in subparagraph (A), by striking ``reference data''
                and all that follows through ``2019'' and inserting the
                following: ``lower scenario data in the report of the World
                Nuclear Association entitled `The Nuclear Fuel Report:
                Global Scenarios for Demand and Supply Availability 2019-
                2040'. In each of calendar years 2023, 2029, and 2035'';
                and
                    (ii) by redesignating subparagraphs (B) and (C) as
                subparagraphs (C) and (D), respectively;
                    (iii) by inserting after subparagraph (A) the
                following:
                ``(B) Report required.--Not later than one year after the
            date of the enactment of the Energy Act of 2020, and every 3
            years thereafter, the Secretary shall submit to Congress a
            report that includes--
                    ``(i) a recommendation on the use of all publicly
                available data to ensure accurate forecasting by scenario
                data to comport to actual demand for low-enriched uranium
                for nuclear reactors in the United States; and
                    ``(ii) an identification of the steps to be taken to
                adjust the import limitations described in paragraph (2)(A)
                based on the most accurate scenario data.''; and
                    (iv) in subparagraph (D), as redesignated by clause
                (ii), by striking ``subparagraph (B)'' and inserting
                ``subparagraph (C)'';
                (D) in paragraph (9), by striking ``2020'' and inserting
            ``2040'';
                (E) in paragraph (12)(B), by inserting ``or the Suspension
            Agreement'' after ``the Russian HEU Agreement''; and
                (F) by striking ``(2)(B)'' each place it appears and
            inserting ``(2)(C)''.
        (b) Applicability.--The amendments made by subsection (a) apply
    with respect to uranium imported from the Russian Federation on or
    after January 1, 2021.
    SEC. 2008. FUSION ENERGY RESEARCH.
        (a) Program.--Section 307 of the Department of Energy Research and
    Innovation Act (42 U.S.C. 18645) is amended--
            (1) by redesignating subsections (a) through (g) as subsections
        (b) through (h), respectively;
            (2) by inserting before subsection (b), as so redesignated, the
        following:
        ``(a) Program.--As part of the activities authorized under section
    209 of the Department of Energy Organization Act (42 U.S.C. 7139) and
    section 972 of the Energy Policy Act of 2005 (42 U.S.C. 16312), the
    Director shall carry out a fusion energy sciences research and enabling
    technology development program to effectively address the scientific
    and engineering challenges to building a cost competitive fusion power
    plant and to support the development of a competitive fusion power
    industry in the United States. As part of this program, the Director
    shall carry out research activities to expand the fundamental
    understandings of plasma and matter at very high temperatures and
    densities for fusion applications and for other engineering and plasma
    science applications.'';
            (3) by amending subsection (d) to read as follows:
        ``(d) Inertial Fusion Research and Development.--
            ``(1) In general.--The Director shall carry out a program of
        research and technology development in inertial fusion for energy
        applications, including ion beam, laser, and pulsed power fusion
        systems.
            ``(2) Activities.--As part of the program described in
        paragraph (1), the Director shall support activities at and
        partnerships with universities and the National Laboratories to--
                ``(A) develop novel target designs;
                ``(B) support modeling of various inertial fusion energy
            concepts and systems;
                ``(C) develop diagnostic tools; and
                ``(D) improve inertial fusion energy driver technologies.
            ``(3) Authorization of appropriations.--Out of funds authorized
        to be appropriated under subsection (o), there are authorized to be
        appropriated to the Secretary to carry out the activities described
        in subsection (d) $25,000,000 for each of fiscal years 2021 through
        2025.'';
            (4) by amending subsection (e) to read as follows:
        ``(e) Alternative and Enabling Concepts.--
            ``(1) In general.--The Director shall support research and
        development activities and facility operations at institutions of
        higher education, National Laboratories, and private facilities in
        the United States for a portfolio of alternative and enabling
        fusion energy concepts that may provide solutions to significant
        challenges to the establishment of a commercial magnetic fusion
        power plant, prioritized based on the ability of the United States
        to play a leadership role in the international fusion research
        community.
            ``(2) Activities.--Fusion energy concepts and activities
        explored under paragraph (1) may include--
                ``(A) alternative fusion energy concepts, including--
                    ``(i) advanced stellarator concepts;
                    ``(ii) non-tokamak confinement configurations operating
                at low magnetic fields;
                    ``(iii) magnetized target fusion energy concepts; or
                    ``(iv) other promising fusion energy concepts
                identified by the Director;
                ``(B) enabling fusion technology development activities,
            including--
                    ``(i) high magnetic field approaches facilitated by
                high temperature superconductors;
                    ``(ii) liquid metals to address issues associated with
                fusion plasma interactions with the inner wall of the
                encasing device; and
                    ``(iii) advanced blankets for heat management and fuel
                breeding; and
                ``(C) advanced scientific computing activities.
            ``(3) Innovation network for fusion energy.--
                ``(A) In general.--The Secretary, acting through the Office
            of Science, shall support a program to provide fusion energy
            researchers with access to scientific and technical resources
            and expertise at facilities supported by the Department,
            including such facilities at National Laboratories and
            universities, to advance innovative fusion energy technologies
            toward commercial application.
                ``(B) Awards.--Financial assistance under the program
            established in subsection (a)--
                    ``(i) shall be awarded on a competitive, merit-reviewed
                basis; and
                    ``(ii) may be in the form of grants, vouchers,
                equipment loans, or contracts to private entities.
            ``(4) Authorization of appropriations.--Out of funds authorized
        to be appropriated under subsection (o), there are authorized to be
        appropriated to the Secretary to carry out the activities described
        in subsection (e) $50,000,000 for each of fiscal years 2021 through
        2025.''; and
            (5) by adding at the end the following:
        ``(i) Milestone-based Development Program.--
            ``(1) In general.--Using the authority of the Secretary under
        section 646(g) of the Department of Energy Organization Act (42
        U.S.C. 7256(g)), notwithstanding paragraph (10) of such section,
        the Secretary shall establish, not later than 6 months after the
        date of enactment of this section, a milestone-based fusion energy
        development program that requires projects to meet particular
        technical milestones before a participant is awarded funds by the
        Department.
            ``(2) Purpose.--The purpose of the program established by
        paragraph (1) shall be to support the development of a U.S.-based
        fusion power industry through the research and development of
        technologies that will enable the construction of new full-scale
        fusion systems capable of demonstrating significant improvements in
        the performance of such systems, as defined by the Secretary,
        within 10 years of the enactment of this section.
            ``(3) Eligibility.--Any entity is eligible to participate in
        the program provided that the Secretary has deemed it as having the
        necessary resources and expertise.
            ``(4) Requirements.--In carrying out the milestone-based
        program under paragraph (1), the Secretary shall, for each relevant
        project--
                ``(A) request proposals from eligible entities, as
            determined by the Secretary, that include proposed technical
            milestones, including estimated project timelines and total
            costs;
                ``(B) set milestones based on a rigorous technical review
            process;
                ``(C) award funding of a predetermined amount to projects
            that successfully meet proposed milestones under paragraph (1),
            or for expenses deemed reimbursable by the Secretary, in
            accordance with terms negotiated for an individual award; and
                ``(D) communicate regularly with selected eligible entities
            and, if the Secretary deems appropriate, exercise small amounts
            of flexibility for technical milestones as projects mature.
            ``(5) Awards.--For the program established under paragraph
        (1)--
                ``(A) an award recipient shall be responsible for all costs
            until milestones are achieved, or reimbursable expenses are
            reviewed and verified by the Department;
                ``(B) should an awardee not meet the milestones described
            in paragraph (4), the Secretary may end the partnership with an
            award recipient and use the remaining funds in the ended
            agreement for new or existing projects carried out under this
            section; and
                ``(C) consistent with the existing authorities of the
            Department, the Secretary may end the partnership with an award
            recipient for cause during the performance period.
            ``(6) Applications.--Any project proposal submitted to the
        program under paragraph (1) shall be evaluated based upon its
        scientific, technical, and business merits through a peer-review
        process, which shall include reviewers with appropriate expertise
        from the private sector, the investment community, and experts in
        the science and engineering of fusion and plasma physics.
            ``(7) Project management.--In carrying out projects under this
        program and assessing the completion of their milestones in
        accordance with paragraph (4), the Secretary shall consult with
        experts that represent diverse perspectives and professional
        experiences, including those from the private sector, to ensure a
        complete and thorough review.
            ``(8) Programmatic review.--Not later than 4 years after the
        Secretary has established 3 milestones under this program, the
        Secretary shall enter into a contractual arrangement with the
        National Academy of Sciences to review and provide a report
        describing the findings of this review to the House Committee on
        Science, Space, and Technology and the Senate Committee on Energy
        and Natural Resources on the program established under this
        paragraph (1) that assesses--
                ``(A) the benefits and drawbacks of a milestone-based
            fusion program as compared to traditional program structure
            funding models at the Department;
                ``(B) lessons-learned from program operations; and
                ``(C) any other matters the Secretary determines regarding
            the program.
            ``(9) Annual report.--As part of the annual budget request
        submitted for each fiscal year, the Secretary shall provide the
        House Committee on Science, Space, and Technology and the Senate
        Committee on Energy and Natural Resources a report describing
        partnerships supported by the program established under paragraph
        (1) during the previous fiscal year.
            ``(10) Authorization of appropriations.--Out of funds
        authorized to be appropriated under subsection (o), there are
        authorized to be appropriated to the Secretary to carry out the
        activities described in subsection (i), to remain available until
        expended--
                ``(A) $45,000,000 for fiscal year 2021;
                ``(B) $65,000,000 for fiscal year 2022;
                ``(C) $105,000,000 for fiscal year 2023;
                ``(D) $65,000,000 for fiscal year 2024; and
                ``(E) $45,000,000 for fiscal year 2025.
        ``(j) Fusion Reactor System Design.--The Director shall support
    research and development activities to design future fusion reactor
    systems and examine and address the technical drivers for the cost of
    these systems.
        ``(k) General Plasma Science and Applications.--The Director shall
    support research in general plasma science and high energy density
    physics that advance the understanding of the scientific community of
    fundamental properties and complex behavior of matter to control and
    manipulate plasmas for a broad range of applications, including support
    for research relevant to advancements in chip manufacturing and
    microelectronics.
        ``(l) Sense of Congress.--It is the sense of Congress that the
    United States should support a robust, diverse program in addition to
    providing sufficient support to, at a minimum, meet its commitments to
    ITER and maintain the schedule of the project as determined by the
    Secretary in coordination with the ITER Organization at the time of the
    enactment of this section. It is further the sense of Congress that
    developing the scientific basis for fusion, providing research results
    key to the success of ITER, and training the next generation of fusion
    scientists are of critical importance to the United States and should
    in no way be diminished by participation of the United States in the
    ITER project.
        ``(m) International Collaboration.--The Director shall--
            ``(1) as practicable and in coordination with other appropriate
        Federal agencies as necessary, ensure the access of United States
        researchers to the most advanced fusion research facilities and
        research capabilities in the world, including ITER;
            ``(2) to the maximum extent practicable, continue to leverage
        United States participation ITER, and prioritize expanding
        international partnerships and investments in current and future
        fusion research facilities within the United States; and
            ``(3) to the maximum extent practicable, prioritize engagement
        in collaborative efforts in support of future international
        facilities that would provide access to the most advanced fusion
        research facilities in the world to United States researchers.
        ``(n) Fission and Fusion Research Coordination Report.--
            ``(1) In general.--Not later than 6 months after the date of
        enactment of this section, the Secretary shall transmit to Congress
        a report addressing opportunities for coordinating fusion energy
        research and development activities between the Office of Nuclear
        Energy, the Office of Science, and the Advanced Research Projects
        Agency--Energy.
            ``(2) Components.--The report shall assess opportunities for
        collaboration on research and development of--
                ``(A) liquid metals to address issues associated with
            fusion plasma interactions with the inner wall of the encasing
            device and other components within the reactor;
                ``(B) immersion blankets for heat management and fuel
            breeding;
                ``(C) technologies and methods for instrumentation and
            control;
                ``(D) computational methods and codes for system operation
            and maintenance;
                ``(E) codes and standard development;
                ``(F) radioactive waste handling;
                ``(G) radiological safety;
                ``(H) potential for non-electricity generation
            applications; and
                ``(I) any other overlapping priority as identified by the
            Director of the Office of Science or the Assistant Secretary of
            Energy for Nuclear Energy.
        ``(o) Authorization of Appropriations.--There are authorized to be
    appropriated to the Secretary to carry out the activities described in
    this section--
            ``(1) $996,000,000 for fiscal year 2021;
            ``(2) $921,000,000 for fiscal year 2022;
            ``(3) $961,000,000 for fiscal year 2023;
            ``(4) $921,000,000 for fiscal year 2024; and
            ``(5) $901,000,000 for fiscal year 2025.''.
        (b) ITER.--Section 972(c) of the Energy Policy Act of 2005 (42
    U.S.C. 16312) is amended to read as follows:
        ``(c) United States Participation in ITER.--
            ``(1) In general.--There is authorized United States
        participation in the construction and operations of the ITER
        project, as agreed to under the April 25, 2007 `Agreement on the
        Establishment of the ITER International Fusion Energy Organization
        for the Joint Implementation of the ITER Project'. The Director
        shall coordinate and carry out the responsibilities of the United
        States with respect to this Agreement.
            ``(2) Report.--Not later than 1 year after the date of
        enactment of this section, the Secretary shall submit to Congress a
        report providing an assessment of the most recent schedule for ITER
        that has been approved by the ITER Council.
            ``(3) Authorization of appropriations.--Out of funds authorized
        to be appropriated under section 307(o) of the Department of Energy
        Research and Innovation Act (42 U.S.C. 18645), there shall be made
        available to the Secretary to carry out the construction of ITER--
                ``(A) $374,000,000 for fiscal year 2021; and
                ``(B) $281,000,000 for each of fiscal years 2022 through
            2025.''.

                    TITLE III--RENEWABLE ENERGY AND STORAGE
             Subtitle A--Renewable Energy Research and Development

    SEC. 3001. WATER POWER RESEARCH AND DEVELOPMENT.
        (a) In General.--Subtitle C of title VI of the Energy Independence
    and Security Act of 2007 (42 U.S.C. 17211 et seq.) is amended to read
    as follows:

               ``Subtitle C--Water Power Research and Development

        ``SEC. 632. DEFINITIONS.
        ``In this subtitle:
            ``(1) Eligible entity.--The term `eligible entity' means any of
        the following entities:
                ``(A) An institution of higher education.
                ``(B) A National Laboratory.
                ``(C) A Federal research agency.
                ``(D) A State research agency.
                ``(E) A nonprofit research organization.
                ``(F) An industrial entity or a multi-institutional
            consortium thereof.
            ``(2) Institution of higher education.--The term `institution
        of higher education' means--
                ``(A) an institution of higher education (as defined in
            section 101(a) of the Higher Education Act of 1965 (20 U.S.C.
            1001(a))); or
                ``(B) a postsecondary vocational institution (as defined in
            section 102(c) of the Higher Education Act of 1965 (20 U.S.C.
            1002(c))).
            ``(3) Marine energy.--The term `marine energy' means energy
        from--
                ``(A) waves, tides, and currents in oceans, estuaries, and
            tidal areas;
                ``(B) free flowing water in rivers, lakes, streams, and
            man-made channels;
                ``(C) differentials in salinity and pressure gradients; and
                ``(D) differentials in water temperature, including ocean
            thermal energy conversion.
            ``(4) National laboratory.--The term `National Laboratory' has
        the meaning given such term in section 2(3) of the Energy Policy
        Act of 2005 (42 U.S.C. 15801(3)).
            ``(5) Water power.--The term `water power' refers to
        hydropower, including conduit power, pumped storage, and marine
        energy technologies.
            ``(6) Microgrid.--The term `microgrid' has the meaning given
        such term in section 641 of the Energy Independence and Security
        Act of 2007 (42 U.S.C. 17231).
        ``SEC. 633. WATER POWER TECHNOLOGY RESEARCH, DEVELOPMENT, AND
          DEMONSTRATION.
        ``The Secretary shall carry out a program to conduct research,
    development, demonstration, and commercial application of water power
    technologies in support of each of the following purposes:
            ``(1) To promote research, development, demonstration, and
        commercial application of water power generation technologies in
        order to increase capacity and reduce the cost of those
        technologies.
            ``(2) To promote research and development to improve the
        environmental impact of water power technologies.
            ``(3) To provide grid reliability and resilience, including
        through technologies that facilitate new market opportunities, such
        as ancillary services, for water power.
            ``(4) To promote the development of water power technologies to
        improve economic growth and enhance cross-institutional
        foundational workforce development in the water power sector,
        including in coastal communities.
        ``SEC. 634. HYDROPOWER RESEARCH, DEVELOPMENT, AND DEMONSTRATION.
        ``The Secretary shall conduct a program of research, development,
    demonstration, and commercial application for technologies that improve
    the capacity, efficiency, resilience, security, reliability,
    affordability, and environmental impact, including potential cumulative
    environmental impacts, of hydropower systems. In carrying out such
    program, the Secretary shall prioritize activities designed to--
            ``(1) develop technology for--
                ``(A) non-powered dams, including aging and potentially
            hazardous dams;
                ``(B) pumped storage;
                ``(C) constructed waterways;
                ``(D) new stream-reach development;
                ``(E) modular and small dams;
                ``(F) increased operational flexibility; and
                ``(G) enhancement of relevant existing facilities;
            ``(2) develop new strategies and technologies, including
        analytical methods, physical and numerical tools, and advanced
        computing, as well as methods to validate such methods and tools,
        in order to--
                ``(A) extend the operational lifetime of hydropower systems
            and their physical structures, while improving environmental
            impact, including potential cumulative environmental impacts;
                ``(B) assist in device and system design, installation,
            operation, and maintenance; and
                ``(C) reduce costs, limit outages, and increase unit and
            plant efficiencies, including by examining the impact of
            changing water and electricity demand on hydropower generation,
            flexibility, and provision of grid services;
            ``(3) study, in conjunction with other relevant Federal
        agencies as appropriate, methods to improve the hydropower
        licensing process, including by compiling current and accepted best
        practices, public comments, and methodologies to assess the full
        range of potential environmental and economic impacts;
            ``(4) identify opportunities for joint research, development,
        and demonstration programs between hydropower systems, which may
        include--
                ``(A) pumped storage systems and other renewable energy
            systems;
                ``(B) small hydro facilities and other energy storage
            systems;
                ``(C) other hybrid energy systems;
                ``(D) small hydro facilities and critical infrastructure,
            including water infrastructure; and
                ``(E) hydro facilities and responsive load technologies,
            which may include smart buildings and city systems;
            ``(5) improve the reliability of hydropower technologies,
        including during extreme weather events;
            ``(6) develop methods and technologies to improve environmental
        impact, including potential cumulative environmental impacts, of
        hydropower and pumped storage technologies, including potential
        impacts on wildlife, such as--
                ``(A) fisheries;
                ``(B) aquatic life and resources;
                ``(C) navigation of waterways; and
                ``(D) upstream and downstream environmental conditions,
            including sediment movement, water quality, and flow volumes;
            ``(7) identify ways to increase power generation by--
                ``(A) diversifying plant configuration options;
                ``(B) improving pump-back efficiencies;
                ``(C) investigating multi-phase systems;
                ``(D) developing, testing, and monitoring advanced
            generators with faster cycling times, variable speeds, and
            improved efficiencies;
                ``(E) developing, testing, and monitoring advanced turbines
            capable of improving environmental impact, including potential
            cumulative environmental impacts, including small turbine
            designs;
                ``(F) developing standardized powertrain components;
                ``(G) developing components with advanced materials and
            manufacturing processes, including additive manufacturing; and
                ``(H) developing analytical tools that enable hydropower to
            provide grid services that, amongst other services, improve
            grid integration of other energy sources;
            ``(8) advance new pumped storage technologies, including--
                ``(A) systems with adjustable speed and other new pumping
            and generating equipment designs;
                ``(B) modular systems;
                ``(C) alternative closed-loop systems, including mines and
            quarries; and
                ``(D) other innovative equipment and materials as
            determined by the Secretary;
            ``(9) reduce civil works costs and construction times for
        hydropower and pumped storage systems, including comprehensive data
        and systems analysis of hydropower and pumped storage construction
        technologies and processes in order to identify areas for whole-
        system efficiency gains;
            ``(10) advance efficient and reliable integration of hydropower
        and pumped storage systems with the electric grid by--
                ``(A) improving methods for operational forecasting of
            renewable energy systems to identify opportunities for
            hydropower applications in pumped storage and hybrid energy
            systems, including forecasting of seasonal and annual energy
            storage;
                ``(B) considering aggregating small distributed hydropower
            assets; and
                ``(C) identifying barriers to grid scale implementation of
            hydropower and pumped storage technologies;
            ``(11) improve computational fluid dynamic modeling methods;
            ``(12) improve flow measurement methods, including maintenance
        of continuous flow measurement equipment;
            ``(13) identify best methods for compiling data on all
        hydropower resources and assets, including identifying potential
        for increased capacity; and
            ``(14) identify mechanisms to test and validate performance of
        hydropower and pumped storage technologies.
        ``SEC. 635. MARINE ENERGY RESEARCH, DEVELOPMENT, AND DEMONSTRATION.
        ``(a) In General.--The Secretary, in consultation with the
    Secretary of Defense, Secretary of Commerce (acting through the Under
    Secretary of Commerce for Oceans and Atmosphere) and other relevant
    Federal agencies, shall conduct a program of research, development,
    demonstration, and commercial application of marine energy technology,
    including activities to--
            ``(1) assist technology development to improve the components,
        processes, and systems used for power generation from marine energy
        resources at a variety of scales;
            ``(2) establish and expand critical testing infrastructure and
        facilities necessary to--
                ``(A) demonstrate and prove marine energy devices at a
            range of scales in a manner that is cost-effective and
            efficient; and
                ``(B) accelerate the technological readiness and commercial
            application of such devices;
            ``(3) address marine energy resource variability issues,
        including through the application of energy storage technologies;
            ``(4) advance efficient and reliable integration of marine
        energy with the electric grid, which may include smart building
        systems;
            ``(5) identify and study critical short-term and long-term
        needs to maintaining a sustainable marine energy supply chain based
        in the United States;
            ``(6) increase the reliability, security, and resilience of
        marine energy technologies;
            ``(7) validate the performance, reliability, maintainability,
        and cost of marine energy device designs and system components in
        an operating environment;
            ``(8) consider the protection of critical infrastructure, such
        as adequate separation between marine energy devices and submarine
        telecommunications cables, including through the development of
        voluntary, consensus-based standards for such purposes;
            ``(9) identify opportunities for crosscutting research,
        development, and demonstration programs between existing energy
        research programs;
            ``(10) identify and improve, in conjunction with the Secretary
        of Commerce, acting through the Under Secretary of Commerce for
        Oceans and Atmosphere, and other relevant Federal agencies as
        appropriate, the environmental impact, including potential
        cumulative environmental impacts, of marine energy technologies,
        including--
                ``(A) potential impacts on fisheries and other marine
            resources; and
                ``(B) developing technologies, including mechanisms for
            self-evaluation, and other means available for improving
            environmental impact, including potential cumulative
            environmental impacts;
            ``(11) identify, in consultation with relevant Federal
        agencies, potential navigational impacts of marine energy
        technologies and strategies to prevent possible adverse impacts, in
        addition to opportunities for marine energy systems to aid the
        United States Coast Guard, such as remote sensing for coastal
        border security;
            ``(12) develop numerical and physical tools, including models
        and monitoring technologies, to assist industry in device and
        system design, installation, operation, and maintenance, including
        methods to validate such tools;
            ``(13) support materials science as it relates to marine energy
        technology, such as the development of corrosive-resistant
        materials;
            ``(14) improve marine energy resource forecasting and general
        understanding of aquatic system behavior, including turbulence and
        extreme conditions;
            ``(15) develop metrics and voluntary, consensus-based
        standards, in coordination with the National Institute of Standards
        and Technology and appropriate standard development organizations,
        for marine energy components, systems, and projects, including--
                ``(A) measuring performance of marine energy technologies;
            and
                ``(B) characterizing environmental conditions;
            ``(16) enhance integration with hybrid energy systems,
        including desalination;
            ``(17) identify opportunities to integrate marine energy
        technologies into new and existing infrastructure; and
            ``(18) to develop technology necessary to support the use of
        marine energy--
                ``(A) for the generation and storage of power at sea; and
                ``(B) for the generation and storage of power to promote
            the resilience of coastal communities, including in
            applications relating to--
                    ``(i) desalination;
                    ``(ii) disaster recovery and resilience; and
                    ``(iii) community microgrids in isolated power systems.
        ``(b) Study of Non-Power Sector Applications for Advanced Marine
    Energy Technologies.--
            ``(1) In general.--The Secretary, in consultation with the
        Secretary of Transportation and the Secretary of Commerce, shall
        conduct a study to examine opportunities for research and
        development in advanced marine energy technologies for non-power
        sector applications, including applications with respect to--
                ``(A) the maritime transportation sector;
                ``(B) associated maritime energy infrastructure, including
            infrastructure that serves ports, to improve system resilience
            and disaster recovery; and
                ``(C) enabling scientific missions at sea and in extreme
            environments, including the Arctic.
            ``(2) Report.--Not later than 1 year after the date of
        enactment of this section, the Secretary shall submit to the
        Committee on Energy and Natural Resources of the Senate and the
        Committee on Science, Space, and Technology of the House of
        Representatives a report that describes the results of the study
        conducted under paragraph (1).
        ``SEC. 636. NATIONAL MARINE ENERGY CENTERS.
        ``(a) In General.--The Secretary shall award grants, each such
    grant up to $10,000,000 per year, to institutions of higher education
    (or consortia thereof) for--
            ``(1) the continuation and expansion of the research,
        development, demonstration, testing, and commercial application
        activities at the National Marine Energy Centers (referred to in
        this section as `Centers') established as of January 1, 2020; and
            ``(2) the establishment of new National Marine Energy Centers.
        ``(b) Location Selection.--In selecting institutions of higher
    education for new Centers, the Secretary shall consider the following
    criteria:
            ``(1) Whether the institution hosts an existing marine energy
        research and development program.
            ``(2) Whether the institution has proven technical expertise to
        support marine energy research.
            ``(3) Whether the institution has access to marine resources.
        ``(c) Purposes.--The Centers shall coordinate among themselves, the
    Department, and National Laboratories to--
            ``(1) advance research, development, demonstration, and
        commercial application of marine energy technologies in response to
        industry and commercial needs;
            ``(2) support in-water testing and demonstration of marine
        energy technologies, including facilities capable of testing--
                ``(A) marine energy systems of various technology readiness
            levels and scales;
                ``(B) a variety of technologies in multiple test berths at
            a single location;
                ``(C) arrays of technology devices; and
                ``(D) interconnectivity to an electrical grid, including
            microgrids; and
            ``(3) collect and disseminate information on best practices in
        all areas relating to developing and managing marine energy
        resources and energy systems.
        ``(d) Coordination.--To the extent practicable, the Centers shall
    coordinate their activities with the Secretary of Commerce, acting
    through the Undersecretary of Commerce for Oceans and Atmosphere, and
    other relevant Federal agencies.
        ``(e) Termination.--To the extent otherwise authorized by law, the
    Secretary may terminate funding for a Center described in paragraph (a)
    if such Center is under-performing.
        ``SEC. 637. ORGANIZATION AND ADMINISTRATION OF PROGRAMS.
        ``(a) Coordination.--In carrying out this subtitle, the Secretary
    shall coordinate activities, and effectively manage cross-cutting
    research priorities across programs of the Department and other
    relevant Federal agencies, including the National Laboratories and the
    National Marine Energy Centers.
        ``(b) Collaboration.--
            ``(1) In general.--In carrying out this subtitle, the Secretary
        shall collaborate with industry, National Laboratories, other
        relevant Federal agencies, institutions of higher education,
        including Minority Serving Institutions, National Marine Energy
        Centers, Tribal entities, including Alaska Native Corporations, and
        international bodies with relevant scientific and technical
        expertise.
            ``(2) Participation.--To the extent practicable, the Secretary
        shall encourage research projects that promote collaboration
        between entities specified in paragraph (1) and include entities
        not historically associated with National Marine Energy Centers,
        such as Minority Serving Institutions.
            ``(3) International collaboration.--The Secretary, in
        coordination with other appropriate Federal and multilateral
        agencies (including the United States Agency for International
        Development) shall support collaborative efforts with international
        partners to promote the research, development, and demonstration of
        water power technologies used to develop hydropower, pump storage,
        and marine energy resources.
        ``(c) Dissemination of Results and Public Availability.--The
    Secretary shall--
            ``(1) publish the results of projects supported under this
        subtitle through Department websites, reports, databases, training
        materials, and industry conferences, including information
        discovered after the completion of such projects, withholding any
        industrial proprietary information; and
            ``(2) share results of such projects with the public except to
        the extent that the information is protected from disclosure under
        section 552(b) of title 5, United States Code.
        ``(d) Award Frequency.--The Secretary shall solicit applications
    for awards under this subtitle no less frequently than once per fiscal
    year.
        ``(e) Education and Outreach.--In carrying out the activities
    described in this subtitle, the Secretary shall support education and
    outreach activities to disseminate information and promote public
    understanding of water power technologies and the water power
    workforce, including activities at the National Marine Energy Centers.
        ``(f) Technical Assistance and Workforce Development.--In carrying
    out this subtitle, the Secretary may also conduct, for purposes of
    supporting technical, non-hardware, and information-based advances in
    water power systems development and operations--
            ``(1) technical assistance and analysis activities with
        eligible entities, including activities that support expanding
        access to advanced water power technologies for rural, Tribal, and
        low-income communities; and
            ``(2) workforce development and training activities, including
        to support the dissemination of standards and best practices for
        enabling water power production.
        ``(g) Strategic Plan.--In carrying out the activities described in
    this subtitle, the Secretary shall--
            ``(1) not later than one year after the date of the enactment
        of the Energy Act of 2020, draft a plan, considering input from
        relevant stakeholders such as industry and academia, to implement
        the programs described in this subtitle and update the plan on an
        annual basis; and
            ``(2) the plan shall address near-term (up to 2 years), mid-
        term (up to 7 years), and long-term (up to 15 years) challenges to
        the advancement of water power systems.
        ``(h) Report to Congress.--Not later than 1 year after the date of
    the enactment of the Energy Act of 2020, and at least once every 2
    years thereafter, the Secretary shall provide, and make available to
    the public and the relevant authorizing and appropriations committees
    of Congress, a report on the findings of research conducted and
    activities carried out pursuant to this subtitle, including the most
    current strategic plan under subsection (g) and the progress made in
    implementing such plan.
        ``SEC. 638. APPLICABILITY OF OTHER LAWS.
        ``Nothing in this subtitle shall be construed as waiving,
    modifying, or superseding the applicability of any requirement under
    any environmental or other Federal or State law.
        ``SEC. 639. AUTHORIZATION OF APPROPRIATIONS.
        ``There are authorized to be appropriated to the Secretary to carry
    out this subtitle $186,600,000 for each of fiscal years 2021 through
    2025, including $137,428,378 for marine energy and $49,171,622 for
    hydropower research, development, and demonstration activities.''.
        (b) Conforming Table of Contents Amendment.--The table of contents
    for the Energy Independence and Security Act of 2007 is amended by
    striking the items relating to subtitle C of title VI and inserting the
    following:

               ``Subtitle C--Water Power Research and Development

    ``Sec. 632. Definitions.
    ``Sec. 633. Water power technology research, development, and
              demonstration.
    ``Sec. 634. Hydropower research, development, and demonstration.
    ``Sec. 635. Marine energy research, development, and demonstration.
    ``Sec. 636. National Marine Energy Centers.
    ``Sec. 637. Organization and administration of programs.
    ``Sec. 638. Applicability of other laws.
    ``Sec. 639. Authorization of appropriations.''.
    SEC. 3002. ADVANCED GEOTHERMAL INNOVATION LEADERSHIP.
        (a) Definitions.--Section 612 of the Energy Independence and
    Security Act of 2007 (42 U.S.C. 17191) is amended--
            (1) by amending paragraph (1) to read as follows:
            ``(1) Engineered.--When referring to enhanced geothermal
        systems, the term `engineered' means designed to access subsurface
        heat, including stimulation and nonstimulation technologies to
        address one or more of the following issues:
                ``(A) Lack of effective permeability, porosity or open
            fracture connectivity within the heat reservoir.
                ``(B) Insufficient contained geofluid in the heat
            reservoir.
                ``(C) A low average geothermal gradient which necessitates
            deeper drilling, or the use of alternative heat sources or heat
            generation processes.'';
            (2) by redesignating paragraphs (2) through (7) as paragraphs
        (3) through (8), respectively; and
            (3) by adding after paragraph (1) the following:
            ``(2) Eligible entity.--The term `eligible entity' means any of
        the following entities:
                ``(A) An institution of higher education.
                ``(B) A National laboratory.
                ``(C) A Federal research agency.
                ``(D) A State research agency.
                ``(E) A nonprofit research organization.
                ``(F) An industrial entity.
                ``(G) A consortium of 2 or more entities described in
            subparagraphs (A) through (F).''.
        (b) Hydrothermal Research and Development.--Section 613 of the
    Energy Independence and Security Act of 2007 (42 U.S.C. 17192) is
    amended to read as follows:
        ``SEC. 613. HYDROTHERMAL RESEARCH AND DEVELOPMENT.
        ``(a) In General.--The Secretary shall carry out a program of
    research, development, demonstration, and commercial application for
    geothermal energy production from hydrothermal systems.
        ``(b) Programs.--The program authorized in subsection (a) shall
    include the following:
            ``(1) Advanced hydrothermal resource tools.--The research and
        development of advanced geologic tools to assist in locating
        hydrothermal resources, and to increase the reliability of site
        characterization, including the development of new imaging and
        sensing technologies and techniques to assist in prioritization of
        targets for characterization;
            ``(2) Exploratory drilling for geothermal resources.--The
        demonstration of advanced technologies and techniques of siting and
        exploratory drilling for undiscovered resources in a variety of
        geologic settings, carried out in collaboration with industry
        partners that will assist in the acquisition of high quality data
        sets relevant for hydrothermal subsurface characterization
        activities.''.
        (c) General Geothermal Systems Research and Development.--Section
    614 of the Energy Independence and Security Act of 2007 (42 U.S.C.
    17193) is amended to read as follows:
        ``SEC. 614. GENERAL GEOTHERMAL SYSTEMS RESEARCH AND DEVELOPMENT.
        ``(a) Subsurface Components and Systems.--The Secretary shall
    support a program of research, development, demonstration, and
    commercial application of components and systems capable of
    withstanding geothermal environments and necessary to develop, produce,
    and monitor geothermal reservoirs and produce geothermal energy.
        ``(b) Environmental Impacts.--The Secretary shall--
            ``(1) support a program of research, development,
        demonstration, and commercial application of technologies and
        practices designed to mitigate or preclude potential adverse
        environmental impacts of geothermal energy development, production
        or use;
            ``(2) support a research program to identify potential
        environmental impacts, including induced seismicity, and
        environmental benefits of geothermal energy development,
        production, and use, and ensure that the program described in
        paragraph (1) addresses such impacts, including water use and
        effects on groundwater and local hydrology;
            ``(3) support a program of research to compare the potential
        environmental impacts and environmental benefits identified as part
        of the development, production, and use of geothermal energy with
        the potential emission reductions of greenhouse gases gained by
        geothermal energy development, production, and use; and
            ``(4) in carrying out this section, the Secretary shall, to the
        maximum extent practicable, consult with relevant federal agencies,
        including the Environmental Protection Agency.
        ``(c) Reservoir Thermal Energy Storage.--The Secretary shall
    support a program of research, development, and demonstration of
    reservoir thermal energy storage, emphasizing cost-effective
    improvements through deep direct use engineering, design, and systems
    research.
        ``(d) Oil and Gas Technology Transfer Initiative.--
            ``(1) In general.--The Secretary shall support an initiative
        among the Office of Fossil Energy, the Office of Energy Efficiency
        and Renewable Energy, and the private sector to research, develop,
        and demonstrate relevant advanced technologies and operation
        techniques used in the oil and gas sector for use in geothermal
        energy development.
            ``(2) Priorities.--In carrying out paragraph (1), the Secretary
        shall prioritize technologies with the greatest potential to
        significantly increase the use and lower the cost of geothermal
        energy in the United States, including the cost and speed of
        geothermal drilling surface technologies, large- and small-scale
        drilling, and well construction.
        ``(e) Coproduction of Geothermal Energy and Minerals Production
    Research and Development Initiative.--
            ``(1) In general.--The Secretary shall carry out a research and
        development initiative under which the Secretary shall provide
        financial assistance to demonstrate the coproduction of critical
        minerals from geothermal resources.
            ``(2) Requirements.--An award made under paragraph (1) shall--
                ``(A) improve the cost effectiveness of removing minerals
            from geothermal brines as part of the coproduction process;
                ``(B) increase recovery rates of the targeted mineral
            commodity;
                ``(C) decrease water use and other environmental impacts,
            as determined by the Secretary; and
                ``(D) demonstrate a path to commercial viability.
        ``(f) Flexible Operations.--The Secretary shall support a research
    initiative on flexible operation of geothermal power plants.
        ``(g) Integrated Energy Systems.--The Secretary shall identify
    opportunities for joint research, development, and demonstration
    programs between geothermal systems and other energy generation or
    storage systems.
        ``(h) Drilling Data Repository.--
            ``(1) In general.--The Secretary shall, in consultation with
        the Secretary of the Interior, establish and operate a voluntary,
        industry-wide repository of geothermal drilling information to
        lower the cost of future geothermal drilling.
            ``(2) Repository.--
                ``(A) In general.--In carrying out paragraph (1), the
            Secretary shall collaborate with countries utilizing a
            significant amount of geothermal energy, as determined by the
            Secretary.
                ``(B) Data system.--The repository established under
            paragraph (1) shall be integrated with the National Geothermal
            Data System.''.
        (d) Enhanced Geothermal Systems Research and Development.--Section
    615 of the Energy Independence and Security Act of 2007 (42 U.S.C.
    17194) is amended to read as follows:
        ``SEC. 615. ENHANCED GEOTHERMAL SYSTEMS RESEARCH AND DEVELOPMENT.
        ``(a) In General.--The Secretary shall support a program of
    research, development, demonstration, and commercial application for
    enhanced geothermal systems, including the programs described in
    subsection (b).
        ``(b) Enhanced Geothermal Systems Technologies.--In collaboration
    with industry partners, institutions of higher education, and the
    national laboratories, the Secretary shall support a program of
    research, development, demonstration, and commercial application of the
    technologies to achieve higher efficiency and lower cost enhanced
    geothermal systems, including--
            ``(1) reservoir stimulation;
            ``(2) drilled, non-stimulated (e.g. closed-loop) reservoir
        technologies;
            ``(3) reservoir characterization, monitoring, and modeling and
        understanding of the surface area and volume of fractures;
            ``(4) stress and fracture mapping including real time
        monitoring and modeling;
            ``(5) tracer development;
            ``(6) three and four-dimensional seismic imaging and
        tomography;
            ``(7) well placement and orientation;
            ``(8) long-term reservoir management;
            ``(9) drilling technologies, methods, and tools;
            ``(10) improved exploration tools;
            ``(11) zonal isolation; and
            ``(12) understanding induced seismicity risks from reservoir
        engineering and stimulation.
        ``(c) Frontier Observatory for Research in Geothermal Energy.--
            ``(1) In general.--The Secretary shall support the
        establishment and construction of up to 3 field research sites,
        which shall each be known as a `Frontier Observatory for Research
        in Geothermal Energy' or `FORGE' site to develop, test, and enhance
        techniques and tools for enhanced geothermal energy.
            ``(2) Duties.--The Secretary shall--
                ``(A) provide financial assistance in support of research
            and development projects focused on advanced monitoring
            technologies, new technologies and approaches for implementing
            multi-zone stimulations, nonstimulation techniques, and dynamic
            reservoir modeling that incorporates all available high-
            fidelity characterization data; and
                ``(B) seek opportunities to coordinate efforts and share
            information with domestic and international partners engaged in
            research and development of geothermal systems and related
            technology, including coordination between FORGE sites.
            ``(3) Site selection.--Of the FORGE sites referred to in
        paragraph (1), the Secretary shall--
                ``(A) consider applications through a competitive, merit-
            reviewed process, from National Laboratories, multi-
            institutional collaborations, institutes of higher education
            and other appropriate entities best suited to provide national
            leadership on geothermal related issues and perform the duties
            enumerated under this subsection;
                ``(B) prioritize existing field sites and facilities with
            capabilities relevant to the duties enumerated under this
            subsection;
                ``(C) determine the mission need for and potential location
            of subsequent FORGE sites following the completion of
            construction and one year of operation of two FORGE sites; and
                ``(D) ensure geologic diversity among FORGE sites when
            developing subsequent sites, to the maximum extent practicable.
            ``(4) Existing forge sites.--A FORGE site already in existence
        on the date of enactment of this Act may continue to receive
        support.
            ``(5) Site operation.--
                ``(A) Initial duration.--FORGE sites selected under
            paragraph (3) shall operate for an initial term of not more
            than 7 years after the date on which site operation begins.
                ``(B) Performance metrics.--The Secretary shall establish
            performance metrics for each FORGE site supported under this
            paragraph, which may be used by the Secretary to determine
            whether a FORGE site should continue to receive funding.
            ``(6) Additional terms.--
                ``(A) In general.--At the end of an operational term
            described in subparagraph (B), a FORGE site may--
                    ``(i) be transferred to other public or private
                entities for further enhanced geothermal testing; or
                    ``(ii) subject to appropriations and a merit review by
                the Secretary, operate for an additional term of not more
                than 7 years.
                ``(B) Operational term described.--An operational term
            referred to in subparagraph (A)--
                    ``(i) in the case of an existing FORGE site, is the
                existing operational term; and
                    ``(ii) in the case of new FORGE sites selected under
                paragraph (3), is the initial term under paragraph (5)(A)
                or an additional term under subparagraph (A)(ii) of this
                paragraph.
            ``(7) Funding.--
                ``(A) In general.--Out of funds authorized to be
            appropriated under section 623, there shall be made available
            to the Secretary to carry out the FORGE activities under this
            paragraph--
                    ``(i) $45,000,000 for fiscal year 2021;
                    ``(ii) $55,000,000 for fiscal year 2022;
                    ``(iii) $65,000,000 for fiscal year 2023;
                    ``(iv) $70,000,000 for fiscal year 2024; and
                    ``(v) $70,000,000 for fiscal year 2025.
                ``(B) Considerations.--In carrying out this subsection, the
            Secretary shall consider the balance between funds dedicated to
            construction and operations and research activities to reflect
            the state of site development.
        ``(d) Enhanced Geothermal Systems Demonstrations.--
            ``(1) In general.--Beginning on the date of enactment of this
        section, the Secretary, in collaboration with industry partners,
        institutions of higher education, and the national laboratories,
        shall support an initiative for demonstration of enhanced
        geothermal systems for power production or direct use.
            ``(2) Projects.--
                ``(A) In general.--Under the initiative described in
            paragraph (1), 4 demonstration projects shall be carried out in
            locations that are potentially commercially viable for enhanced
            geothermal systems development, while also considering
            environmental impacts to the maximum extent practicable, as
            determined by the Secretary.
                ``(B) Requirements.--Demonstration projects under
            subparagraph (A) shall--
                    ``(i) collectively demonstrate--

                        ``(I) different geologic settings, such as hot
                    sedimentary aquifers, layered geologic systems,
                    supercritical systems, and basement rock systems; and
                        ``(II) a variety of development techniques,
                    including open hole and cased hole completions,
                    differing well orientations, and stimulation and
                    nonstimulation mechanisms; and

                    ``(ii) to the extent practicable, use existing sites
                where subsurface characterization or geothermal energy
                integration analysis has been conducted.
                ``(C) Eastern demonstration.--Not fewer than 1 of the
            demonstration projects carried out under subparagraph (A) shall
            be located an area east of the Mississippi River that is
            suitable for enhanced geothermal demonstration for power, heat,
            or a combination of power and heat.
                ``(D) Milestone-based demonstration projects.--The
            Secretary may carry out demonstration projects under this
            subsection as a milestone-based demonstration project under
            section 9005 of the Energy Act of 2020.
            ``(3) Funding.--Out of funds authorized to be appropriated
        under section 623, there shall be made available to the Secretary
        to carry out the demonstration activities under this subsection
        $21,000,000 for each of fiscal years 2021 through 2025.''.
        (e) Geothermal Heat Pumps and Direct Use.--
            (1) In general.--Title VI of the Energy Independence and
        Security Act of 2007 is amended by inserting after section 616 (42
        U.S.C. 17195) the following:
    ``SEC. 616A. GEOTHERMAL HEAT PUMPS AND DIRECT USE RESEARCH AND
    DEVELOPMENT.
        ``(a) Purposes.--The purposes of this section are--
            ``(1) to improve the understanding of related earth sciences,
        components, processes, and systems used for geothermal heat pumps
        and the direct use of geothermal energy; and
            ``(2) to increase the energy efficiency, lower the cost,
        increase the use, and improve and demonstrate the effectiveness of
        geothermal heat pumps and the direct use of geothermal energy.
        ``(b) Definitions.--In this section:
            ``(1) Direct use of geothermal energy.--The term `direct use of
        geothermal energy' means geothermal systems that use water directly
        or through a heat exchanger to provide--
                ``(A) heating and cooling to buildings, commercial
            districts, residential communities, and large municipal, or
            industrial projects; or
                ``(B) heat required for industrial processes, agriculture,
            aquaculture, and other facilities.
            ``(2) Economically distressed area.--The term `economically
        distressed area' means an area described in section 301(a) of the
        Public Works and Economic Development Act of 1965 (42 U.S.C.
        3161(a)).
            ``(3) Geothermal heat pump.--The term `geothermal heat pump'
        means a system that provides heating and cooling by exchanging heat
        from shallow geology, groundwater, or surface water using--
                ``(A) a closed loop system, which transfers heat by way of
            buried or immersed pipes that contain a mix of water and
            working fluid; or
                ``(B) an open loop system, which circulates ground or
            surface water directly into the building and returns the water
            to the same aquifer or surface water source.
        ``(c) Program.--
            ``(1) In general.--The Secretary shall support within the
        Geothermal Technologies Office a program of research, development,
        and demonstration for geothermal heat pumps and the direct use of
        geothermal energy.
            ``(2) Areas.--The program under paragraph (1) may include
        research, development, demonstration, and commercial application
        of--
                ``(A) geothermal ground loop efficiency improvements, cost
            reductions, and improved installation and operations methods;
                ``(B) the use of geothermal energy for building-scale
            energy storage;
                ``(C) the use of geothermal energy as a grid management
            resource or seasonal energy storage;
                ``(D) geothermal heat pump efficiency improvements;
                ``(E) the use of alternative fluids as a heat exchange
            medium, such as hot water found in mines and mine shafts,
            graywater, or other fluids that may improve the economics of
            geothermal heat pumps;
                ``(F) heating of districts, neighborhoods, communities,
            large commercial or public buildings, and industrial and
            manufacturing facilities;
                ``(G) the use of low temperature groundwater for direct
            use; and
                ``(H) system integration of direct use with geothermal
            electricity production.
            ``(3) Environmental impacts.--In carrying out the program, the
        Secretary shall identify and mitigate potential environmental
        impacts in accordance with section 614(b).
        ``(d) Financial Assistance.--
            ``(1) In general.--The Secretary shall carry out the program
        established in subsection (c) by making financial assistance
        available to State, local, and Tribal governments, institutions of
        higher education, nonprofit entities, National Laboratories,
        utilities, and for-profit companies.
            ``(2) Priority.--In providing financial assistance under this
        subsection, the Secretary may give priority to proposals that apply
        to large buildings, commercial districts, and residential
        communities that are located in economically distressed areas and
        areas that the Secretary determines to have high economic potential
        for geothermal district heating based on the report, `Geovision:
        Harnessing the Heat Beneath our Feet' published by the Department
        in 2019, or a successor report.''.
            (2) Conforming amendment.--Section 1(b) of the Energy
        Independence and Security Act of 2007 (42 U.S.C. 17001 note) is
        amended in the table of contents by inserting after the item
        relating to section 616 the following:

    ``Sec. 616A. Geothermal heat pumps and direct use research and
              development.''.

        (f) Organization and Administration of Programs.--
            (1) In general.--Section 617 of the Energy Independence and
        Security Act of 2007 (42 U.S.C. 17196) is amended--
                (A) by striking the section heading and inserting
            ``organization and administration of programs'';
                (B) in subsection (b), by striking paragraph (2) and
            redesignating paragraphs (3) and (4) as paragraphs (2) and (3),
            respectively; and
                (C) by adding at the end the following:
        ``(c) Education and Outreach.--In carrying out the activities
    described in this subtitle, the Secretary shall support education and
    outreach activities to disseminate information on geothermal energy
    technologies and the geothermal energy workforce, including activities
    at the Frontier Observatory for Research in Geothermal Energy site or
    sites.
        ``(d) Technical Assistance.--In carrying out this subtitle, the
    Secretary shall also conduct technical assistance and analysis
    activities with eligible entities for the purpose of supporting the
    commercial application of advances in geothermal energy systems
    development and operations, which may include activities that support
    expanding access to advanced geothermal energy technologies for rural,
    Tribal, and low-income communities.
        ``(e) Report.--Every 5 years after the date of enactment of this
    subsection, the Secretary shall report to the Committee on Science and
    Technology of the House of Representatives and the Committee on Energy
    and Natural Resources of the Senate on advanced concepts and
    technologies to maximize the geothermal resource potential of the
    United States.
        ``(f) Progress Reports.--Not later than 1 year after the date of
    enactment of this subsection, and every 2 years thereafter, the
    Secretary shall submit to the Committee on Science and Technology of
    the House of Representatives and the Committee on Energy and Natural
    Resources of the Senate a report on the results of projects undertaken
    under this part and other such information the Secretary considers
    appropriate.''.
            (2) Conforming amendment.--Section 1(b) of the Energy
        Independence and Security Act of 2007 (42 U.S.C. 17001 note) is
        amended in the table of contents by amending the item related to
        section 617 to read as follows:

    ``Sec. 617. Organization and administration of programs.''.

        (g) Advanced Geothermal Computing and Data Science Research and
    Development.--
            (1) In general.--Section 618 of the Energy Independence and
        Security Act of 2007 (42 U.S.C. 17197) is amended to read as
        follows:
        ``SEC. 618. ADVANCED GEOTHERMAL COMPUTING AND DATA SCIENCE RESEARCH
          AND DEVELOPMENT.
        ``(a) In General.--The Secretary shall carry out a program of
    research and development of advanced computing and data science tools
    for geothermal energy.
        ``(b) Programs.--The program authorized in subsection (a) shall
    include the following:
            ``(1) Advanced computing for geothermal systems technologies.--
        Research, development, and demonstration of technologies to develop
        advanced data, machine learning, artificial intelligence, and
        related computing tools to assist in locating geothermal resources,
        to increase the reliability of site characterization, to increase
        the rate and efficiency of drilling, to improve induced seismicity
        mitigation, and to support enhanced geothermal systems
        technologies.
            ``(2) Geothermal systems reservoir modeling.--Research,
        development, and demonstration of models of geothermal reservoir
        performance and enhanced geothermal systems reservoir stimulation
        technologies and techniques, with an emphasis on accurately
        modeling fluid and heat flow, permeability evolution, geomechanics,
        geochemistry, seismicity, and operational performance over time,
        including collaboration with industry and field validation.
        ``(c) Coordination.--In carrying out these programs, the Secretary
    shall ensure coordination and consultation with the Department of
    Energy's Office of Science. The Secretary shall ensure, to the maximum
    extent practicable, coordination of these activities with the
    Department of Energy National Laboratories, institutes of higher
    education, and the private sector.''.
            (2) Conforming amendment.--Section 1(b) of the Energy
        Independence and Security Act of 2007 (42 U.S.C. 17001 note) is
        amended in the table of contents by amending the item related to
        section 618 to read as follows:

    ``Sec. 618. Advanced geothermal computing and data science research and
              development.''.

        (h) Geothermal Workforce Development.--
            (1) In general.--Section 619 of the Energy Independence and
        Security Act of 2007 (42 U.S.C. 17198) is amended to read as
        follows:
        ``SEC. 619. GEOTHERMAL WORKFORCE DEVELOPMENT.
        ``The Secretary shall support the development of a geothermal
    energy workforce through a program that--
            ``(1) facilitates collaboration between university students and
        researchers at the National Laboratories; and
            ``(2) prioritizes science in areas relevant to the mission of
        the Department through the application of geothermal energy tools
        and technologies.''.
            (2) Conforming amendment.--Section 1(b) of the Energy
        Independence and Security Act of 2007 (42 U.S.C. 17001 note) is
        amended in the table of contents by amending the item related to
        section 619 to read as follows:

    ``Sec. 619. Geothermal workforce development.''.

        (i) Repeals.--
            (1) EISA repeal.--Subtitle B of title VI of the Energy
        Independence and Security Act of 2007 (42 U.S.C. 17191 et seq.) is
        amended by striking sections 620 and 621.
            (2) Conforming amendment.--Section 1(b) of the Energy
        Independence and Security Act of 2007 (42 U.S.C. 17001 note) is
        amended in the table of contents by striking the item related to
        section 620 and 621.
            (3) Additional repeal.--The Geothermal Energy Research,
        Development, and Demonstration Act of 1974 (30 U.S.C. 1101 et seq.)
        is repealed.
        (j) Authorization of Appropriations.--Section 623 of the Energy
    Independence and Security Act of 2007 (42 U.S.C. 17202) is amended to
    read as follows:
        ``SEC. 623. AUTHORIZATION OF APPROPRIATIONS.
        ``There are authorized to be appropriated to the Secretary to carry
    out the programs under this subtitle $170,000,000 for each of fiscal
    years 2021 through 2025.''.
        (k) International Geothermal Energy Development.--Section 624 of
    the Energy Independence and Security Act of 2007 (42 U.S.C. 17203) is
    amended--
            (1) by amending subsection (a) to read as follows:
        ``(a) In General.--The Secretary of Energy, in coordination with
    other appropriate Federal and multilateral agencies (including the
    United States Agency for International Development) shall support
    collaborative efforts with international partners to promote the
    research, development, and demonstration of geothermal technologies
    used to develop hydrothermal and enhanced geothermal system
    resources.''; and
            (2) by striking subsection (c).
        (l) Reauthorization of High Cost Region Geothermal Energy Grant
    Program.--Section 625 of the Energy Independence and Security Act of
    2007 (42 U.S.C. 17204) is amended--
            (1) in subsection (a)(2), by inserting ``or heat'' after
        ``electrical power''; and
            (2) by amending subsection (e) to read as follows:
        ``(e) Authorization of Appropriations.--Out of funds authorized
    under section 623, there is authorized to be appropriated to carry out
    this section $5,000,000 for each of fiscal years 2021 through 2025.''.
        (m) Update to Geothermal Resource Assessment.--Section 2501 of the
    Energy Policy Act of 1992 (30 U.S.C. 1028) is amended--
            (1) by redesignating subsections (a) and (b) as subsections (b)
        and (d), respectively;
            (2) by inserting before subsection (b) (as so redesignated) the
        following:
        ``(a) Definition of Enhanced Geothermal Systems.--In this section,
    the term `enhanced geothermal systems' has the meaning given the term
    in section 612 of the Energy Independence and Security Act of 2007 (42
    U.S.C. 17191).'';
            (3) by inserting after subsection (b) (as so redesignated) the
        following:
        ``(c) Update to Geothermal Resource Assessment.--The Secretary of
    the Interior, acting through the United States Geological Survey, and
    in consultation with the Secretary of Energy, shall update the 2008
    United States geothermal resource assessment carried out by the United
    States Geological Survey, including--
            ``(1) with respect to areas previously identified by the
        Department of Energy or the United States Geological Survey as
        having significant potential for hydrothermal energy or enhanced
        geothermal systems energy, by focusing on--
                ``(A) improving the resolution of resource potential at
            systematic temperatures and depths, including temperatures and
            depths appropriate for power generation and direct use
            applications;
                ``(B) quantifying the total potential to coproduce
            geothermal energy and minerals;
                ``(C) incorporating data relevant to underground thermal
            energy storage and exchange, such as aquifer and soil
            properties; and
                ``(D) producing high resolution maps, including--
                    ``(i) maps that indicate key subsurface parameters for
                electric and direct use resources; and
                    ``(ii) risk maps for induced seismicity based on
                geologic, geographic, and operational parameters; and
            ``(2) to the maximum extent practicable, by coordinating with
        relevant State officials and institutions of higher education to
        expand geothermal assessments, including enhanced geothermal
        systems assessments, to include assessments for the Commonwealth of
        Puerto Rico and the States of Alaska and Hawaii.''; and
            (4) in subsection (d) (as so redesignated), by striking
        ``necesary'' and inserting ``necessary''.
        (n) Modifying the Definition of Renewable Energy to Include Thermal
    Energy.--
        (o) Modifying the Definition of Renewable Energy to Include Thermal
    Energy.--Section 203 of the Energy Policy Act of 2005 (42 U.S.C. 15852)
    is amended--
            (1) in subsection (b)(2), by striking ``generated'' and
        inserting ``produced''; and
            (2) in subsection (c)--
                (A) by redesignating paragraphs (1) through (3) as
            subparagraphs (A) through (C), respectively, and indenting
            appropriately;
                (B) in the matter preceding subparagraph (A) (as so
            redesignated), by striking ``For purposes'' and inserting the
            following:
            ``(1) In general.--For purposes''; and
                (C) by adding at the end the following:
            ``(2) Separate calculation.--
                ``(A) In general.--For purposes of determining compliance
            with the requirement of this section, any energy consumption
            that is avoided through the use of geothermal energy shall be
            considered to be renewable energy produced.
                ``(B) Efficiency accounting.--Energy consumption that is
            avoided through the use of geothermal energy that is considered
            to be renewable energy under this section shall not be
            considered energy efficiency for the purpose of compliance with
            Federal energy efficiency goals, targets, and incentives.''.
    SEC. 3003. WIND ENERGY RESEARCH AND DEVELOPMENT.
        (a) Definitions.--In this section:
            (1) Critical material.--The term ``critical material'' has the
        meaning given the term in section 7002 of this Act.
            (2) Economically distressed area.--The term ``economically
        distressed area'' means an area described in section 301(a) of the
        Public Works and Economic Development Act of 1965 (42 U.S.C.
        3161(a)).
            (3) Eligible entity.--The term ``eligible entity'' means--
                (A) an institution of higher education, including a
            minority-serving institution;
                (B) a National Laboratory;
                (C) a Federal research agency;
                (D) a State research agency;
                (E) a research agency associated with a territory or freely
            associated state;
                (F) a Tribal energy development organization;
                (G) an Indian Tribe;
                (H) a Tribal organization;
                (I) a Native Hawaiian community-based organization;
                (J) a nonprofit research organization;
                (K) an industrial entity;
                (L) any other entity, as determined by the Secretary; and
                (M) a consortium of 2 or more entities described in
            subparagraphs (A) through (L).
            (4) Indian tribe.--The term ``Indian Tribe'' has the meaning
        given the term in section 4 of the Indian Self-Determination and
        Education Assistance Act (25 U.S.C. 5304).
            (5) Institution of higher education.--The term ``institution of
        higher education'' means--
                (A) an institution of higher education (as defined in
            section 101(a) of the Higher Education Act of 1965 (20 U.S.C.
            1001(a))); or
                (B) a postsecondary vocational institution (as defined in
            section 102(c) of the Higher Education Act of 1965 (20 U.S.C.
            1002(c))).
            (6) Minority serving institution.--The term ``minority-serving
        institution'' has the meaning given the term ``eligible
        institution'' in section 371(a) of the Higher Education Act of 1965
        (20 U.S.C. 1067q(a)).
            (7) National laboratory.--The term ``National Laboratory'' has
        the meaning given such term in section 2(3) of the Energy Policy
        Act of 2005 (42 U.S.C. 15801(3)).
            (8) Native hawaiian community-based organization.--The term
        ``Native Hawaiian community-based organization'' has the meaning
        given the term in section 6207 of the Elementary and Secondary
        Education Act of 1965 (20 U.S.C. 7517).
            (9) Program.--The term ``program'' means the program
        established under subsection (b)(1).
            (10) Secretary.--The term ``Secretary'' means the Secretary of
        Energy.
            (11) Territory or freely associated state.--The term
        ``territory or freely associated state'' has the meaning given the
        term ``insular area'' in section 1404 of the Food and Agriculture
        Act of 1977 (7 U.S.C. 3103).
            (12) Tribal energy development organization.--The term ``Tribal
        energy development organization'' has the meaning given the term
        ``tribal energy development organization'' in section 2601 of the
        Energy Policy Act of 1992 (25 U.S.C. 3501).
            (13) Tribal organization.--The term ``Tribal organization'' has
        the meaning given the term in section 4 of the Indian Self-
        Determination and Education Assistance Act (25 U.S.C. 5304).
        (b) Wind Energy Technology Program.--
            (1) Establishment.--
                (A) In general.--The Secretary shall establish a program to
            conduct research, development, demonstration, and
            commercialization of wind energy technologies in accordance
            with this subsection.
                (B) Purposes.--The purposes of the program are the
            following:
                    (i) To improve the energy efficiency, cost
                effectiveness, reliability, resilience, security, siting,
                integration, manufacturability, installation,
                decommissioning, and recyclability of wind energy
                technologies.
                    (ii) To optimize the performance and operation of wind
                energy components, turbines, and systems, including through
                the development of new materials, hardware, and software.
                    (iii) To optimize the design and adaptability of wind
                energy technologies to the broadest practical range of
                geographic, atmospheric, offshore, and other site
                conditions, including--

                        (I) at varying hub heights; and
                        (II) through the use of computer modeling.

                    (iv) To support the integration of wind energy
                technologies with the electric grid and other energy
                technologies and systems.
                    (v) To reduce the cost, risk, and other potential
                negative impacts across the lifespan of wind energy
                technologies, including--

                        (I) manufacturing, siting, permitting,
                    installation, operations, maintenance, decommissioning,
                    and recycling; and
                        (II) through the development of solutions to
                    transportation barriers to wind components.

                    (vi) To reduce and mitigate potential negative impacts
                of wind energy technologies on human communities, the
                environment, or commerce.
                    (vii) To address barriers to the commercialization and
                export of wind energy technologies.
                    (viii) To support the domestic wind industry,
                workforce, and supply chain.
                (C) Targets.--Not later than 180 days after the date of
            enactment of this Act, the Secretary shall establish targets
            for the program relating to near-term (up to 2 years), mid-term
            (up to 7 years), and long-term (up to 15 years) challenges to
            the advancement of wind energy technologies, including onshore,
            offshore, distributed, and off-grid technologies.
            (2) Activities.--
                (A) Types of activities.--In carrying out the program, the
            Secretary shall carry out research, development, demonstration,
            and commercialization activities, including--
                    (i) awarding grants and awards, on a competitive,
                merit-reviewed basis;
                    (ii) performing precompetitive research and
                development;
                    (iii) establishing or maintaining demonstration
                facilities and projects, including through stewardship of
                existing facilities such as the National Wind Test Center;
                    (iv) providing technical assistance;
                    (v) entering into contracts and cooperative agreements;
                    (vi) providing small business vouchers;
                    (vii) establishing prize competitions;
                    (viii) conducting education and outreach activities;
                    (ix) conducting professional development activities;
                and
                    (x) conducting analyses, studies, and reports.
                (B) Subject areas.--The Secretary shall carry out research,
            development, demonstration, and commercialization activities in
            the following subject areas:
                    (i) Wind power plant siting, performance, operations,
                and security.
                    (ii) New materials and designs relating to all
                hardware, software, and components of wind energy
                technologies, including technologies and strategies that
                reduce the use of energy, water, critical materials, and
                other commodities that are determined to be vulnerable to
                disruption.
                    (iii) Advanced wind energy manufacturing and
                installation technologies and practices, including
                materials, processes, such as onsite or near site
                manufacturing, and design.
                    (iv) Offshore wind-specific projects and plants,
                including--

                        (I) fixed and floating substructure systems,
                    materials, and components;
                        (II) the operation of offshore facilities, such
                    as--

                            (aa) an offshore research facility to conduct
                        research for oceanic, biological, geological, and
                        atmospheric resource characterization relevant to
                        offshore wind energy development in coordination
                        with the ocean and atmospheric science communities;
                        and
                            (bb) an offshore support structure testing
                        facility to conduct development, demonstration, and
                        commercialization of large-scale and full-scale
                        offshore wind energy support structure components
                        and systems;

                        (III) the monitoring and analysis of site and
                    environmental considerations unique to offshore sites,
                    including freshwater environments.

                    (v) Integration of wind energy technologies with--

                        (I) the electric grid, including transmission,
                    distribution, microgrids, and distributed energy
                    systems; and
                        (II) other energy technologies, including--

                            (aa) other generation sources;
                            (bb) demand response technologies; and
                            (cc) energy storage technologies.
                    (vi) Methods to improve the lifetime, maintenance,
                decommissioning, recycling, reuse, and sustainability of
                wind energy components and systems, including technologies
                and strategies to reduce the use of energy, water, critical
                materials, and other valuable or harmful inputs.
                    (vii) Wind power forecasting and atmospheric
                measurement systems, including for turbines and plant
                systems of varying height.
                    (viii) Integrated wind energy systems, grid-connected
                and off-grid, that incorporate diverse--

                        (I) generation sources;
                        (II) loads; and
                        (III) storage technologies.

                    (ix) Reducing market barriers, including non-hardware
                and information-based barriers, to the adoption of wind
                energy technologies, such as impacts on, or challenges
                relating to--

                        (I) distributed wind technologies, including the
                    development of best practices, models, and voluntary
                    streamlined processes for local siting and permitting
                    of distributed wind energy systems to reduce costs;
                        (II) airspace;
                        (III) military operations;
                        (IV) radar;
                        (V) local communities, with special consideration
                    given to economically distressed areas, previously
                    disturbed lands such as landfills and former mines, and
                    other areas disproportionately impacted by
                    environmental pollution;
                        (VI) wildlife and wildlife habitats; and
                        (VII) any other appropriate matter, as determined
                    by the Secretary.

                    (x) Technologies or strategies to avoid, minimize, and
                offset the potential impacts of wind energy facilities on
                bird species, bat species, marine wildlife, and other
                sensitive species and habitats.
                    (xi) Advanced physics-based and data analysis
                computational tools, in coordination with the high-
                performance computing programs of the Department, to more
                efficiently design, site, permit, manufacture, install,
                operate, decommission, and recycle wind energy systems.
                    (xii) Technologies for distributed wind, including
                micro, small, and medium turbines and the components of
                those turbines and their microgrid applications.
                    (xiii) Transformational technologies for harnessing
                wind energy.
                    (xiv) Other research areas that advance the purposes of
                the program, as determined by the Secretary.
                (C) Prioritization.--In carrying out activities under the
            program, the Secretary shall, to the maximum extent
            practicable, give special consideration to--
                    (i) projects that--

                        (I) are located in a geographically diverse range
                    of eligible entities;
                        (II) support the development or demonstration of
                    projects--

                            (aa) in economically distressed areas and areas
                        disproportionately impacted by pollution; and
                            (bb) that provide the greatest potential to
                        reduce energy costs, as well as promote
                        accessibility and community implementation of
                        demonstrated technologies;

                        (III) can be replicated in a variety of regions and
                    climates;
                        (IV) include business commercialization plans that
                    have the potential for--

                            (aa) domestic manufacturing and production of
                        wind energy technologies; or
                            (bb) exports of wind energy technologies; and

                        (V) are carried out in collaboration with Tribal
                    energy development organizations, Indian Tribes, Tribal
                    organizations, Native Hawaiian community-based
                    organizations, minority-serving institutions, or
                    territories or freely associated States; and

                    (ii) with regards to professional development,
                activities that expand the number of individuals from
                underrepresented groups pursuing and attaining skills
                relevant to wind energy.
                (D) Coordination.--To the maximum extent practicable, the
            Secretary shall coordinate activities under the program with
            other relevant programs and capabilities of the Department and
            other Federal research programs.
                (E) Use of funds.--To the extent that funding is not
            otherwise available through other Federal programs or power
            purchase agreements, funding awarded for demonstration projects
            may be used for additional nontechnology costs, as determined
            to be appropriate by the Secretary, such as engineering or
            feasibility studies.
                (F) Solicitation.--Not less than once every two years, the
            Secretary shall conduct a national solicitation for
            applications for demonstration projects under this section.
                (G) Report.--
                    (i) In general.--Not later than 180 days after the date
                of the enactment of this Act, the Secretary shall submit to
                the Committee on Science, Space, and Technology of the
                House of Representatives and the Committee on Energy and
                Natural Resources of the Senate a report on the potential
                for, and technical viability of, airborne wind energy
                systems to provide a significant source of energy in the
                United States.
                    (ii) Contents.--The report under paragraph (1) shall
                include a summary of research, development, demonstration,
                and commercialization needs, including an estimate of
                Federal funding requirements, to further examine and
                validate the technical and economic viability of airborne
                wind energy concepts over the 10-year period beginning on
                the date of the enactment of this Act.
            (3) Wind technician training grant program.--The Secretary may
        award grants, on a competitive basis, to eligible entities to
        purchase large pieces of wind component equipment, such as
        nacelles, towers, and blades, for use in training wind technician
        students in onshore or offshore wind applications.
            (4) Wind energy technology recycling research, development, and
        demonstration program.--
                (A) In general.--In addition to the program activities
            described in paragraph (2), in carrying out the program, the
            Secretary shall award financial assistance to eligible entities
            for research, development, and demonstration, and
            commercialization projects to create innovative and practical
            approaches to increase the reuse and recycling of wind energy
            technologies, including--
                    (i) by increasing the efficiency and cost effectiveness
                of the recovery of raw materials from wind energy
                technology components and systems, including enabling
                technologies such as inverters;
                    (ii) by minimizing potential environmental impacts from
                the recovery and disposal processes;
                    (iii) by advancing technologies and processes for the
                disassembly and recycling of wind energy devices;
                    (iv) by developing alternative materials, designs,
                manufacturing processes, and other aspects of wind energy
                technologies and the disassembly and resource recovery
                process that enable efficient, cost effective, and
                environmentally responsible disassembly of, and resource
                recovery from, wind energy technologies; and
                    (v) strategies to increase consumer acceptance of, and
                participation in, the recycling of wind energy
                technologies.
                (B) Dissemination of results.--The Secretary shall make
            available to the public and the relevant committees of Congress
            the results of the projects carried out through financial
            assistance awarded under subparagraph (A), including--
                    (i) development of best practices or training materials
                for use in the wind energy technology manufacturing,
                design, installation, decommissioning, or recycling
                industries;
                    (ii) dissemination at industry conferences;
                    (iii) coordination with information dissemination
                programs relating to recycling of electronic devices in
                general;
                    (iv) demonstration projects; and
                    (v) educational materials.
                (C) Priority.--In carrying out the activities authorized
            under this subsection, the Secretary shall give special
            consideration to projects that recover critical materials.
                (D) Sensitive information.--In carrying out the activities
            authorized under this subsection, the Secretary shall ensure
            proper security controls are in place to protect proprietary or
            sensitive information, as appropriate.
            (5) Wind energy technology materials physical property
        database.--
                (A) In general.--Not later than September 1, 2022, the
            Secretary shall establish a comprehensive physical property
            database of materials for use in wind energy technologies,
            which shall identify the type, quantity, country of origin,
            source, significant uses, projected availability, and physical
            properties of materials used in wind energy technologies.
                (B) Coordination.--In establishing the database described
            in subparagraph (A), the Secretary shall coordinate and, to the
            extent practicable, avoid duplication with--
                    (i) other Department activities, including those
                carried out by the Office of Science;
                    (ii) the Director of the National Institute of
                Standards and Technology;
                    (iii) the Administrator of the Environmental Protection
                Agency;
                    (iv) the Secretary of the Interior; and
                    (v) relevant industry stakeholders, as determined by
                the Secretary.
            (6) Wind energy program strategic vision.--
                (A) In general.--Not later than September 1, 2022, and
            every 6 years thereafter, the Secretary shall submit to
            Congress a report on the strategic vision, progress, goals, and
            targets of the program, including assessments of wind energy
            markets and manufacturing.
                (B) Preparation.--The Secretary shall coordinate the
            preparation of the report under subparagraph (A) with--
                    (i) existing peer review processes;
                    (ii) studies conducted by the National Laboratories;
                and
                    (iii) the multiyear program planning required under
                section 994 of the Energy Policy Act of 2005 (42 U.S.C.
                16358).
            (7) Authorization of appropriations.--There is authorized to be
        appropriated to the Secretary to carry out the program $125,000,000
        for each of fiscal years 2021 through 2025.
    SEC. 3004. SOLAR ENERGY RESEARCH AND DEVELOPMENT.
        (a) Definitions.--In this section:
            (1) Critical material.--The term ``critical material'' has the
        meaning given the term in section 7002 of this Act.
            (2) Economically distressed area.--The term ``economically
        distressed area'' means an area described in section 301(a) of the
        Public Works and Economic Development Act of 1965 (42 U.S.C.
        3161(a)).
            (3) Eligible entity.--The term ``eligible entity'' means--
                (A) an institution of higher education, including a
            minority-serving institution;
                (B) a National Laboratory;
                (C) a Federal research agency;
                (D) a State research agency;
                (E) a research agency associated with a territory or freely
            associated state;
                (F) a Tribal energy development organization;
                (G) an Indian Tribe;
                (H) a Tribal organization;
                (I) a Native Hawaiian community-based organization;
                (J) a nonprofit research organization;
                (K) an industrial entity;
                (L) any other entity, as determined by the Secretary; and
                (M) a consortium of 2 or more entities described in
            subparagraphs (A) through (L).
            (4) Indian tribe.--The term ``Indian Tribe'' has the meaning
        given the term in section 4 of the Indian Self-Determination and
        Education Assistance Act (25 U.S.C. 5304).
            (5) Institution of higher education.--The term ``institution of
        higher education'' has the meaning given the term in section 101 of
        the Higher Education Act of 1965 (20 U.S.C. 1001).
            (6) Minority-serving institution.--The term ``minority-serving
        institution'' has the meaning given the term ``eligible
        institution'' in section 371(a) of the Higher Education Act of 1965
        (20 U.S.C. 1067q(a)).
            (7) National laboratory.--The term ``National Laboratory'' has
        the meaning given such term in section 2(3) of the Energy Policy
        Act of 2005 (42 U.S.C. 15801(3)).
            (8) Native hawaiian community-based organization.--The term
        ``Native Hawaiian community-based organization'' has the meaning
        given the term in section 6207 of the Elementary and Secondary
        Education Act of 1965 (20 U.S.C. 7517).
            (9) Photovoltaic device.--The term ``photovoltaic device''
        means--
                (A) a device that converts light directly into electricity
            through a solid-state, semiconductor process;
                (B) the photovoltaic cells of a device described in
            subparagraph (A); and
                (C) the electronic and electrical components of a device
            described in subparagraph (A).
            (10) Program.--The term ``program'' means the program
        established under subsection (b)(1)(A).
            (11) Secretary.--The term ``Secretary'' means the Secretary of
        Energy.
            (12) Solar energy.--The term ``solar energy'' means--
                (A) thermal or electric energy derived from radiation from
            the Sun; or
                (B) energy resulting from a chemical reaction caused by
            radiation recently originated in the Sun.
            (13) Territory or freely associated state.--The term
        ``territory or freely associated state'' has the meaning given the
        term ``insular area'' in section 1404 of the Food and Agriculture
        Act of 1977 (7 U.S.C. 3103).
            (14) Tribal energy development organization.--The term ``Tribal
        energy development organization'' has the meaning given the term
        ``tribal energy development organization'' in section 2601 of the
        Energy Policy Act of 1992 (25 U.S.C. 3501).
            (15) Tribal organization.--The term ``Tribal organization'' has
        the meaning given the term in section 4 of the Indian Self-
        Determination and Education Assistance Act (25 U.S.C. 5304).
        (b) Solar Energy Technology Program.--
            (1) Establishment.--
                (A) In general.--The Secretary shall establish a program to
            conduct research, development, demonstration, and
            commercialization of solar energy technologies in accordance
            with this subsection.
                (B) Purposes.--The purposes of the program are the
            following:
                    (i) To improve the energy efficiency, cost
                effectiveness, reliability, resilience, security, siting,
                integration, manufacturability, installation,
                decommissioning, and recyclability of solar energy
                technologies.
                    (ii) To optimize the performance and operation of solar
                energy components, cells, and systems, and enabling
                technologies, including through the development of new
                materials, hardware, and software.
                    (iii) To optimize the design and adaptability of solar
                energy systems to the broadest practical range of
                geographic and atmospheric conditions.
                    (iv) To support the integration of solar energy
                technologies with the electric grid and complementary
                energy technologies.
                    (v) To create and improve the conversion of solar
                energy to other useful forms of energy or other products.
                    (vi) To reduce the cost, risk, and other potential
                negative impacts across the lifespan of solar energy
                technologies, including manufacturing, siting, permitting,
                installation, operations, maintenance, decommissioning, and
                recycling.
                    (vii) To reduce and mitigate potential life cycle
                negative impacts of solar energy technologies on human
                communities, wildlife, and wildlife habitats.
                    (viii) To address barriers to the commercialization and
                export of solar energy technologies.
                    (ix) To support the domestic solar industry, workforce,
                and supply chain.
                (C) Targets.--Not later than 180 days after the date of
            enactment of this Act, the Secretary shall establish targets
            for the program to address near-term (up to 2 years), mid-term
            (up to 7 years), and long-term (up to 15 years) challenges to
            the advancement of all types of solar energy systems.
            (2) Activities.--
                (A) Types of activities.--In carrying out the program, the
            Secretary shall carry out research, development, demonstration,
            and commercialization activities, including--
                    (i) awarding grants and awards, on a competitive,
                merit-reviewed basis;
                    (ii) performing precompetitive research and
                development;
                    (iii) establishing or maintaining demonstration
                facilities and projects, including through stewardship of
                existing facilities;
                    (iv) providing technical assistance;
                    (v) entering into contracts and cooperative agreements;
                    (vi) providing small business vouchers;
                    (vii) establishing prize competitions;
                    (viii) conducting education and outreach activities;
                    (ix) conducting workforce development activities; and
                    (x) conducting analyses, studies, and reports.
                (B) Subject areas.--The Secretary shall carry out research,
            development, demonstration, and commercialization activities in
            the following subject areas:
                    (i) Advanced solar energy technologies of varying scale
                and power production, including--

                        (I) new materials, components, designs, and
                    systems, including perovskites, cadmium telluride, and
                    organic materials;
                        (II) advanced photovoltaic and thin-film devices;
                        (III) concentrated solar power;
                        (IV) solar heating and cooling; and
                        (V) enabling technologies for solar energy systems,
                    including hardware and software.

                    (ii) Solar energy technology siting, performance,
                installation, operations, resilience, and security.
                    (iii) Integration of solar energy technologies with--

                        (I) the electric grid, including transmission,
                    distribution, microgrids, and distributed energy
                    systems;
                        (II) other energy technologies, including--

                            (aa) other generation sources;
                            (bb) demand response technologies; and
                            (cc) energy storage technologies; and

                        (III) other applications, such as in the
                    agriculture, transportation, buildings, industrial, and
                    fuels sectors.

                    (iv) Advanced solar energy manufacturing technologies
                and practices, including materials, processes, and design.
                    (v) Methods to improve the lifetime, maintenance,
                decommissioning, recycling, reuse, and sustainability of
                solar energy components and systems, including technologies
                and strategies that reduce the use of energy, water,
                critical materials, and other commodities that are
                determined to be vulnerable to disruption.
                    (vi) Solar energy forecasting, modeling, and
                atmospheric measurement systems, including for small-scale,
                large-scale, and aggregated systems.
                    (vii) Integrated solar energy systems that incorporate
                diverse--

                        (I) generation sources;
                        (II) loads; and
                        (III) storage technologies.

                    (viii) Reducing market barriers, including nonhardware
                and information-based barriers, to the adoption of solar
                energy technologies, including impacts on, or challenges
                relating to--

                        (I) distributed and community solar technologies,
                    including the development of best practices, models,
                    and voluntary streamlined processes for local siting
                    and permitting of distributed solar energy systems to
                    reduce costs;
                        (II) local communities, with special consideration
                    given to economically distressed areas, previously
                    disturbed lands such as landfills and former mines, and
                    other areas disproportionately impacted by
                    environmental pollution;
                        (III) wildlife and wildlife habitats; and
                        (IV) any other appropriate matter, as determined by
                    the Secretary.

                    (ix) Transformational technologies for harnessing solar
                energy.
                    (x) Other research areas that advance the purposes of
                the program, as determined by the Secretary.
                (C) Prioritization.--In carrying out activities under the
            program, the Secretary shall, to the maximum extent
            practicable, give priority to projects that--
                    (i) are located in a geographically diverse range of
                eligible entities;
                    (ii) support the development or demonstration of
                projects--

                        (I) in economically distressed areas and areas
                    disproportionately impacted by pollution; or
                        (II) that provide the greatest potential to reduce
                    energy costs, as well as promote accessibility and
                    community implementation of demonstrated technologies;

                    (iii) can be replicated in a variety of regions and
                climates;
                    (iv) include business commercialization plans that have
                the potential for--

                        (I) domestic manufacturing and production of solar
                    energy technologies; or
                        (II) exports of solar energy technologies;

                    (v) are carried out in collaboration with Tribal energy
                development organizations, Indian Tribes, Tribal
                organizations, Native Hawaiian community-based
                organizations, minority-serving institutions, or
                territories or freely associated States; and
                    (vi) with regards to workforce development, activities
                that expand the number of individuals from underrepresented
                groups pursuing and attaining skills relevant to solar
                energy.
                (D) Coordination.--To the maximum extent practicable, the
            Secretary shall coordinate activities under the program with
            other relevant programs and capabilities of the Department and
            other Federal research programs.
                (E) Use of funds.--To the extent that funding is not
            otherwise available through other Federal programs or power
            purchase agreements, funding awarded for demonstration projects
            may be used for additional nontechnology costs, as determined
            to be appropriate by the Secretary, such as engineering or
            feasibility studies.
                (F) Solicitation.--Not less than once every two years, the
            Secretary shall conduct a national solicitation for
            applications for demonstration projects under this section.
            (3) Advanced solar energy manufacturing initiative.--
                (A) Grants.--In addition to the program activities
            described in paragraph (2), in carrying out the program, the
            Secretary shall award financial assistance to eligible entities
            for research, development, demonstration, and commercialization
            projects to advance new solar energy manufacturing technologies
            and techniques.
                (B) Priority.--In awarding grants under subparagraph (A),
            to the extent practicable, the Secretary shall give priority to
            solar energy manufacturing projects that--
                    (i) increase efficiency and cost effectiveness in--

                        (I) the manufacturing process; and
                        (II) the use of resources, such as energy, water,
                    and critical materials;

                    (ii) support domestic supply chains for materials and
                components;
                    (iii) identify and incorporate nonhazardous alternative
                materials for components and devices;
                    (iv) operate in partnership with Tribal energy
                development organizations, Indian Tribes, Tribal
                organizations, Native Hawaiian community-based
                organizations, minority-serving institutions, or
                territories or freely associated states; or
                    (v) are located in economically distressed areas.
                (C) Evaluation.--Not later than 3 years after the date of
            enactment of this Act, and every 4 years thereafter, the
            Secretary shall conduct, and make available to the public and
            the relevant committees of Congress, an independent review of
            the progress of the grants awarded under subparagraph (A).
            (4) Solar energy technology recycling research, development,
        and demonstration program.--
                (A) In general.--In addition to the program activities
            described in paragraph (2), in carrying out the program, the
            Secretary shall award financial assistance to eligible entities
            for research, development, demonstration, and commercialization
            projects to create innovative and practical approaches to
            increase the reuse and recycling of solar energy technologies,
            including--
                    (i) by increasing the efficiency and cost effectiveness
                of the recovery of raw materials from solar energy
                technology components and systems, including enabling
                technologies such as inverters;
                    (ii) by minimizing potential environmental impacts from
                the recovery and disposal processes;
                    (iii) by advancing technologies and processes for the
                disassembly and recycling of solar energy devices;
                    (iv) by developing alternative materials, designs,
                manufacturing processes, and other aspects of solar energy
                technologies and the disassembly and resource recovery
                process that enable efficient, cost effective, and
                environmentally responsible disassembly of, and resource
                recovery from, solar energy technologies; and
                    (v) strategies to increase consumer acceptance of, and
                participation in, the recycling of photovoltaic devices.
                (B) Dissemination of results.--The Secretary shall make
            available to the public and the relevant committees of Congress
            the results of the projects carried out through financial
            assistance awarded under subparagraph (A), including--
                    (i) development of best practices or training materials
                for use in the photovoltaics manufacturing, design,
                installation, refurbishing, disposal, or recycling
                industries;
                    (ii) dissemination at industry conferences;
                    (iii) coordination with information dissemination
                programs relating to recycling of electronic devices in
                general;
                    (iv) demonstration projects; and
                    (v) educational materials.
                (C) Priority.--In carrying out the activities authorized
            under this subsection, the Secretary shall give special
            consideration to projects that recover critical materials.
                (D) Sensitive information.--In carrying out the activities
            authorized under this subsection, the Secretary shall ensure
            proper security controls are in place to protect proprietary or
            sensitive information, as appropriate.
            (5) Solar energy technology materials physical property
        database.--
                (A) In general.--Not later than September 1, 2022, the
            Secretary shall establish a comprehensive physical property
            database of materials for use in solar energy technologies,
            which shall identify the type, quantity, country of origin,
            source, significant uses, projected availability, and physical
            properties of materials used in solar energy technologies.
                (B) Coordination.--In establishing the database described
            in subparagraph (A), the Secretary shall coordinate with--
                    (i) other Department activities, including those
                carried out by the Office of Science;
                    (ii) the Director of the National Institute of
                Standards and Technology;
                    (iii) the Administrator of the Environmental Protection
                Agency;
                    (iv) the Secretary of the Interior; and
                    (v) relevant industry stakeholders, as determined by
                the Secretary.
            (6) Solar energy technology program strategic vision.--
                (A) In general.--Not later than September 1, 2022, and
            every 6 years thereafter, the Secretary shall submit to
            Congress a report on the strategic vision, progress, goals, and
            targets of the program, including assessments of solar energy
            markets and manufacturing.
                (B) Inclusion.--As a part of the report described in
            subparagraph (A), the Secretary shall include a study that
            examines the viable market opportunities available for solar
            energy technology manufacturing in the United States,
            including--
                    (i) a description of--

                        (I) the ability to competitively manufacture solar
                    technology in the United States, including the
                    manufacture of--

                            (aa) new and advanced materials, such as cells
                        made with new, high efficiency materials;
                            (bb) solar module equipment and enabling
                        technologies, including smart inverters, sensors,
                        and tracking equipment; and
                            (cc) innovative solar module designs and
                        applications, including those that can directly
                        integrate with new and existing buildings and other
                        infrastructure; and

                        (II) opportunities and barriers within the United
                    States and international solar energy technology
                    market;

                    (ii) policy recommendations for enhancing solar energy
                technology manufacturing in the United States;
                    (iii) a 10-year target and plan to enhance the
                competitiveness of solar energy technology manufacturing in
                the United States; and
                    (iv) any other research areas as determined by the
                Secretary.
                (C) Preparation.--The Secretary shall coordinate the
            preparation of the report under subparagraph (A) with--
                    (i) existing peer review processes;
                    (ii) studies conducted by the National Laboratories;
                and
                    (iii) the multiyear program planning required under
                section 994 of the Energy Policy Act of 2005 (42 U.S.C.
                16358).
            (7) Authorization of appropriations.--There is authorized to be
        appropriated to the Secretary to carry out the program $300,000,000
        for each of fiscal years 2021 through 2025.
    SEC. 3005. HYDROELECTRIC PRODUCTION INCENTIVES AND EFFICIENCY
    IMPROVEMENTS.
        (a) Hydroelectric Production Incentives.--Section 242 of the Energy
    Policy Act of 2005 (42 U.S.C. 15881) is amended--
            (1) in subsection (b), by striking paragraph (1) and inserting
        the following:
            ``(1) Qualified hydroelectric facility.--The term `qualified
        hydroelectric facility' means a turbine or other generating device
        owned or solely operated by a non-Federal entity--
                ``(A) that generates hydroelectric energy for sale; and
                ``(B)(i) that is added to an existing dam or conduit; or
                ``(ii)(I) that has a generating capacity of not more than
            20 megawatts;
                ``(II) for which the non-Federal entity has received a
            construction authorization from the Federal Energy Regulatory
            Commission, if applicable; and
                ``(III) that is constructed in an area in which there is
            inadequate electric service, as determined by the Secretary,
            including by taking into consideration--
                    ``(aa) access to the electric grid;
                    ``(bb) the frequency of electric outages; or
                    ``(cc) the affordability of electricity.'';
            (2) in subsection (c), by striking ``10'' and inserting ``22'';
            (3) in subsection (e)(2), by striking ``section 29(d)(2)(B)''
        and inserting ``section 45K(d)(2)(B)'';
            (4) in subsection (f), by striking ``20'' and inserting ``32'';
        and
            (5) in subsection (g), by striking ``each of the fiscal years
        2006 through 2015'' and inserting ``each of fiscal years 2021
        through 2036''.
        (b) Hydroelectric Efficiency Improvement.--Section 243(c) of the
    Energy Policy Act of 2005 (42 U.S.C. 15882(c)) is amended by striking
    ``each of the fiscal years 2006 through 2015'' and inserting ``each of
    fiscal years 2021 through 2036''.
    SEC. 3006. CONFORMING AMENDMENTS.
        (a) Renewable Energy and Energy Efficiency Technology
    Competitiveness Act of 1989.--
            (1) National goals and multi-year funding.--Section 4 of the
        Renewable Energy and Energy Efficiency Technology Competitiveness
        Act of 1989 (42 U.S.C. 12003) is amended--
                (A) in the section heading, by striking ``wind,
            photovoltaics, and solar thermal'' and inserting ``alcohol from
            biomass and other technology'';
                (B) in subsection (a)--
                    (i) in the matter preceding paragraph (1), by striking
                ``wind, photovoltaics, and solar thermal energy'' and
                inserting ``alcohol from biomass and other energy
                technology'';
                    (ii) by striking paragraphs (1) through (3);
                    (iii) by redesignating paragraphs (4) and (5) as
                paragraphs (1) and (2), respectively; and
                    (iv) in paragraph (2) (as so redesignated), by striking
                ``Ocean'' and inserting ``Marine''; and
                (C) in subsection (c)--
                    (i) in the matter preceding paragraph (1)--

                        (I) by striking ``the Wind Energy Research Program,
                    the Photovoltaic Energy Systems Program, the Solar
                    Thermal Energy Systems Program,''; and
                        (II) by striking ``Ocean'' and inserting
                    ``Marine'';

                    (ii) in paragraph (1)--

                        (I) by striking subparagraph (A); and
                        (II) by redesignating subparagraphs (B) and (C) as
                    subparagraphs (A) and (B), respectively; and

                    (iii) in paragraph (2)--

                        (I) by striking subparagraph (A); and
                        (II) by redesignating subparagraphs (B) and (C) as
                    subparagraphs (A) and (B), respectively.

            (2) Reports.--Section 9(c) of the Renewable Energy and Energy
        Efficiency Technology Competitiveness Act of 1989 (42 U.S.C.
        12006(c)) is amended by striking ``ocean,'' and inserting
        ``marine,''.
        (b) Energy Policy Act of 2005.--The Energy Policy Act of 2005 (42
    U.S.C. 15801 et seq.) is amended--
            (1) Assessment of renewable energy resources.--Section 201(a)
        of the Energy Policy Act of 2005 (42 U.S.C. 15851(a)) is amended by
        striking ``ocean (including tidal, wave, current, and thermal)''
        and inserting ``marine''.
            (2) Federal purchase requirement.--Section 203(b)(2) of the
        Energy Policy Act of 2005 (42 U.S.C. 15852(b)(2)) is amended--
                (A) by inserting ``marine energy (as defined in section 632
            of the Energy Independence and Security Act of 2007), or''
            before ``electric energy''; and
                (B) by striking ``ocean (including tidal, wave, current,
            and thermal),''.
            (3) Renewable energy.--Section 931 of the Energy Policy Act of
        2005 (42 U.S.C. 16231) is amended--
                (A) in subsection (a)(2)--
                    (i) by striking subparagraphs (A) and (B);
                    (ii) by redesignating subparagraphs (C) through (E) as
                subparagraphs (A) through (C), respectively; and
                    (iii) in subparagraph (C)(i) (as so redesignated), by
                striking ``ocean energy, including wave energy'' and
                inserting ``marine energy (as defined in section 632 of the
                Energy Independence and Security Act of 2007)'';
                (B) by striking subsection (d); and
                (C) by redesignating subsections (e) through (g) as
            subsections (d) through (f), respectively.
        (c) Energy Policy Act of 1992.--Section 1212 of the Energy Policy
    Act of 1992 (42 U.S.C. 13317) is amended--
            (1) in subsection (a)(4)(A)(i), by striking ``ocean (including
        tidal, wave, current, and thermal)'' and inserting ``marine energy
        (as defined in section 632 of the Energy Independence and Security
        Act of 2007)'';
            (2) in subsection (b), in the matter preceding paragraph (1),
        by striking ``ocean (including tidal, wave, current, and thermal)''
        and inserting ``marine energy (as defined in section 632 of the
        Energy Independence and Security Act of 2007)''; and
            (3) in subsection (e)(1), in the first sentence, by striking
        ``ocean (including tidal, wave, current, and thermal)'' and
        inserting ``marine energy (as defined in section 632 of the Energy
        Independence and Security Act of 2007)''.
        (d) Federal Nonnuclear Energy Research and Development Act of
    1974.--Section 6(b)(3) of the Federal Nonnuclear Energy Research and
    Development Act of 1974 (42 U.S.C. 5905(b)(3)) is amended--
            (1) by striking subparagraph (L); and
            (2) by redesignating subparagraphs (M) through (S) as
        subparagraphs (L) through (R), respectively.
        (e) Solar Energy Research, Development, and Demonstration Act of
    1974.--
            (1) Repeal.--The Solar Energy Research, Development, and
        Demonstration Act of 1974 (42 U.S.C. 5551 et seq.) is repealed.
            (2) Savings provision.--The repeal of the Solar Energy
        Research, Development, and Demonstration Act of 1974 (42 U.S.C.
        5551 et seq.) under paragraph (1) shall not affect the authority of
        the Secretary of Energy to conduct research and development on
        solar energy.
        (f) Solar Photovoltaic Energy Research, Development, and
    Demonstration Act of 1978.--The Solar Photovoltaic Energy Research,
    Development, and Demonstration Act of 1978 (42 U.S.C. 5581 et seq.) is
    repealed.
        (g) Energy Independence and Security Act of 2007.--
            (1) Repeals.--Sections 606 and 607 of the Energy Independence
        and Security Act of 2007 (42 U.S.C. 17174, 17175) are repealed.
            (2) Conforming amendment.--The table of contents in section
        1(b) of the Energy Independence and Security Act of 2007 (Public
        Law 110-140; 121 Stat. 1495) is amended by striking the items
        relating to sections 606 and 607.

                    Subtitle B--Natural Resources Provisions

    SEC. 3101. DEFINITIONS.
        In this subtitle:
            (1) Covered land.--The term ``covered land'' means land that
        is--
                (A) Federal lands administered by the Secretary concerned;
            and
                (B) not excluded from the development of geothermal, solar,
            or wind energy under--
                    (i) a land use plan; or
                    (ii) other Federal law.
            (2) Federal land.--The term ``Federal land'' means--
                (A) public land as defined by section 103 of the Federal
            Land Policy Management Act of 1976 (43 U.S.C. 1702); or
                (B) land of the National Forest System (as defined in
            section 11(a) of the Forest and Rangeland Renewable Resources
            Planning Act of 1974 (16 U.S.C. 1609(a))).
            (3) Land use plan.--The term ``land use plan'' means--
                (A) for public land, a land use plan established under the
            Federal Land Policy and Management Act of 1976 (43 U.S.C. 1701
            et seq.); and
                (B) for National Forest System land, a land management plan
            approved, amended, or revised under section 6 of the Forest and
            Rangeland Renewable Resources Planning Act of 1974 (16 U.S.C.
            1604).
            (4) Eligible project.--The term ``eligible project'' means a
        project carried out on covered land that uses wind, solar, or
        geothermal energy to generate energy.
            (5) Secretary.--The term ``Secretary'' means the Secretary of
        the Interior.
    SEC. 3102. PROGRAM TO IMPROVE ELIGIBLE PROJECT PERMIT COORDINATION.
        (a) Establishment.--The Secretary shall establish a national
    Renewable Energy Coordination Office and State, district, or field
    offices, as appropriate, with responsibility to establish and implement
    a program to improve Federal permit coordination with respect to
    eligible projects on covered land and such other activities as the
    Secretary determines necessary. In carrying out the program, the
    Secretary may temporarily assign qualified staff to Renewable Energy
    Coordination Offices to expedite the permitting of eligible projects.
        (b) Memorandum of Understanding.--
            (1) In general.--Not later than 180 days after the date of the
        enactment of this Act, the Secretary shall enter into a memorandum
        of understanding for purposes of this section with--
                (A) the Secretary of Agriculture;
                (B) the Administrator of the Environmental Protection
            Agency; and
                (C) the Secretary of Defense.
            (2) State and tribal participation.--The Secretary may request
        the Governor of any interested State or any Tribal leader of any
        interested Indian Tribe (as defined in section 4 of the Indian
        Self-Determination and Education Assistance Act (25 U.S.C. 5304))
        to be a signatory to the memorandum of understanding under
        paragraph (1).
        (c) Designation of Qualified Staff.--
            (1) In general.--Not later than 30 days after the date on which
        the memorandum of understanding under subsection (b) is executed,
        all Federal signatories, as appropriate, shall identify for each of
        the Bureau of Land Management Renewable Energy Coordination Offices
        one or more employees who have expertise in the regulatory issues
        relating to the office in which the employee is employed,
        including, as applicable, particular expertise in--
                (A) consultation regarding, and preparation of, biological
            opinions under section 7 of the Endangered Species Act of 1973
            (16 U.S.C. 1536);
                (B) permits under section 404 of the Federal Water
            Pollution Control Act (33 U.S.C. 1344);
                (C) regulatory matters under the Clean Air Act (42 U.S.C.
            7401 et seq.);
                (D) the Federal Land Policy and Management Act of 1976 (43
            U.S.C. 1701 et seq.);
                (E) the Migratory Bird Treaty Act (16 U.S.C. 703 et seq.);
                (F) the preparation of analyses under the National
            Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.);
                (G) implementation of the requirements of section 306108 of
            title 54, United States Code (formerly known as section 106 of
            the National Historic Preservation Act);
                (H) planning under section 14 of the National Forest
            Management Act of 1976 (16 U.S.C. 472a);
                (I) developing geothermal resources under the Geothermal
            Steam Act of 1970 (30 U.S.C. 1001 et seq.);
                (J) the Act of June 8, 1940 (16 U.S.C. 668 et seq.,
            popularly known as the Bald and Golden Eagle Protection Act);
            and
                (K) section 100101(a), chapter 1003, and sections
            100751(a), 100752, 100753 and 102101 of title 54, United States
            Code (previously known as the National Park Service Organic
            Act).
            (2) Duties.--Each employee assigned under paragraph (1) shall--
                (A) be responsible for addressing all issues relating to
            the jurisdiction of the home office or agency of the employee;
            and
                (B) participate as part of the team of personnel working on
            proposed energy projects, planning, monitoring, inspection,
            enforcement, and environmental analyses.
        (d) Additional Personnel.--The Secretary may assign such additional
    personnel for the Bureau of Land Management Renewable Energy
    Coordination Offices as are necessary to ensure the effective
    implementation of any programs administered by the offices in
    accordance with the multiple use mandate of the Federal Land Policy and
    Management Act of 1976 (43 U.S.C. 1701 et seq.).
        (e) Transfer of Funds.--To facilitate the coordination and
    processing of eligible project permits on Federal land under the
    Renewable Energy Coordination Offices, the Secretary may authorize the
    expenditure or transfer of any funds that are necessary to--
            (1) the United States Fish and Wildlife Service;
            (2) the Bureau of Indian Affairs;
            (3) the Forest Service;
            (4) the Corps of Engineers;
            (5) the National Park Service;
            (6) the Environmental Protection Agency; or
            (7) the Department of Defense.
        (f) Report to Congress.--
            (1) In general.--Not later than February 1 of the first fiscal
        year beginning after the date of the enactment of this Act, and
        each February 1 thereafter, the Secretary shall submit to the
        Committee on Energy and Natural Resources and the Committee on
        Environment and Public Works of the Senate and the Committee on
        Natural Resources of the House of Representatives a report
        describing the progress made under the program established under
        subsection (a) during the preceding year.
            (2) Inclusions.--Each report under this subsection shall
        include--
                (A) projections for renewable energy production and
            capacity installations; and
                (B) a description of any problems relating to leasing,
            permitting, siting, or production.
    SEC. 3103. INCREASING ECONOMIC CERTAINTY.
        (a) Considerations.--The Secretary may consider acreage rental
    rates, capacity fees, and other recurring annual fees in total when
    evaluating existing rates paid for the use of Federal land by eligible
    projects.
        (b) Reductions in Base Rental Rates.--The Secretary may reduce
    acreage rental rates and capacity fees, or both, for existing and new
    wind and solar authorizations if the Secretary determines--
            (1) that the existing rates--
                (A) exceed fair market value;
                (B) impose economic hardships;
                (C) limit commercial interest in a competitive lease sale
            or right-of-way grant; or
                (D) are not competitively priced compared to other
            available land; or
            (2) that a reduced rental rate or capacity fee is necessary to
        promote the greatest use of wind and solar energy resources.
    SEC. 3104. NATIONAL GOAL FOR RENEWABLE ENERGY PRODUCTION ON FEDERAL
    LAND.
        (a) In General.--Not later than September 1, 2022, the Secretary
    shall, in consultation with the Secretary of Agriculture and other
    heads of relevant Federal agencies, establish national goals for
    renewable energy production on Federal land.
        (b) Minimum Production Goal.--The Secretary shall seek to issue
    permits that, in total, authorize production of not less than 25
    gigawatts of electricity from wind, solar, and geothermal energy
    projects by not later than 2025, through management of public lands and
    administration of Federal laws.
    SEC. 3105. FACILITATION OF COPRODUCTION OF GEOTHERMAL ENERGY ON OIL AND
    GAS LEASES.
        Section 4(b) of the Geothermal Steam Act of 1970 (30 U.S.C.
    1003(b)) is amended by adding at the end the following:
            ``(4) Land subject to oil and gas lease.--Land under an oil and
        gas lease issued pursuant to the Mineral Leasing Act (30 U.S.C. 181
        et seq.) or the Mineral Leasing Act for Acquired Lands (30 U.S.C.
        351 et seq.) that is subject to an approved application for permit
        to drill and from which oil and gas production is occurring may be
        available for noncompetitive leasing under subsection (c) by the
        holder of the oil and gas lease--
                ``(A) on a determination that geothermal energy will be
            produced from a well producing or capable of producing oil and
            gas; and
                ``(B) to provide for the coproduction of geothermal energy
            with oil and gas.''.
    SEC. 3106. SAVINGS CLAUSE.
        Notwithstanding any other provision of this subtitle, the Secretary
    of the Interior and the Secretary of Agriculture shall continue to
    manage public lands under the principles of multiple use and sustained
    yield in accordance with the Federal Land Policy and Management Act of
    1976 (43 U.S.C. 1701 et seq.) or the Forest and Rangeland Renewable
    Resources Planning Act of 1974 (16 U.S.C. 1600 et seq.), respectively,
    including for due consideration of mineral and nonrenewable energy-
    related projects and other nonrenewable energy uses, for the purposes
    of land use planning, permit processing, and conducting environmental
    reviews.

                           Subtitle C--Energy Storage

    SEC. 3201. BETTER ENERGY STORAGE TECHNOLOGY.
        (a) Definitions.--In this section:
            (1) Energy storage system.--The term ``energy storage system''
        means any system, equipment, facility, or technology that--
                (A) is capable of absorbing or converting energy, storing
            the energy for a period of time, and dispatching the energy;
            and
                (B)(i) uses mechanical, electrochemical, thermal,
            electrolysis, or other processes to convert and store electric
            energy that was generated at an earlier time for use at a later
            time;
                (ii) uses mechanical, electrochemical, biochemical, or
            thermal processes to convert and store energy generated from
            mechanical processes that would otherwise be wasted, for
            delivery at a later time; or
                (iii) stores energy in an electric, thermal, or gaseous
            state for direct use for heating or cooling at a later time in
            a manner that avoids the need to use electricity or other fuel
            sources at that later time, such as a grid-enabled water
            heater.
            (2) Program.--The term ``program'' means the Energy Storage
        System Research, Development, and Deployment Program established
        under subsection (b)(1).
            (3) Secretary.--The term ``Secretary'' means the Secretary of
        Energy.
        (b) Energy Storage System Research, Development, and Deployment
    Program.--
            (1) Establishment.--Not later than 180 days after the date of
        enactment of this Act, the Secretary shall establish a program, to
        be known as the Energy Storage System Research, Development, and
        Deployment Program.
            (2) Initial program objectives.--The program shall focus on
        research, development, and deployment of--
                (A) energy storage systems, components, and materials
            designed to further the development of technologies--
                    (i) for large-scale commercial deployment;
                    (ii) for deployment at cost targets established by the
                Secretary;
                    (iii) for hourly and subhourly durations required to
                provide reliability services to the grid;
                    (iv) for daily durations, which have the capacity to
                discharge energy for a minimum of 6 hours;
                    (v) for weekly or monthly durations, which have the
                capacity to discharge energy for 10 to 100 hours, at a
                minimum; and
                    (vi) for seasonal durations, which have the capability
                to address seasonal variations in supply and demand;
                (B) distributed energy storage technologies and
            applications, including building-grid integration;
                (C) long-term cost, performance, and demonstration targets
            for different types of energy storage systems and for use in a
            variety of regions, including rural areas;
                (D) transportation energy storage technologies and
            applications, including vehicle-grid integration;
                (E) cost-effective systems and methods for--
                    (i) the sustainable and secure sourcing, reclamation,
                recycling, and disposal of energy storage systems,
                including critical minerals; and
                    (ii) the reuse and repurposing of energy storage system
                technologies;
                (F) advanced control methods for energy storage systems;
                (G) pumped hydroelectric energy storage systems to
            advance--
                    (i) adoption of innovative technologies, including--

                        (I) systems with adjustable-speed and other new
                    pumping and generating equipment designs;
                        (II) modular systems;
                        (III) closed-loop systems, including mines and
                    quarries; and
                        (IV) other innovative equipment and materials as
                    determined by the Secretary; and

                    (ii) reductions of civil works costs and construction
                times for hydropower and pumped storage systems, including
                comprehensive data and systems analysis of hydropower and
                pumped storage construction technologies and processes in
                order to identify areas for whole-system efficiency gains;
                (H) models and tools to demonstrate the costs and benefits
            of energy storage to--
                    (i) power and water supply systems;
                    (ii) electric generation portfolio optimization; and
                    (iii) expanded deployment of other renewable energy
                technologies, including in integrated energy storage
                systems;
                (I) energy storage use cases from individual and
            combination technology applications, including value from
            various-use cases and energy storage services; and
                (J) advanced manufacturing technologies that have the
            potential to improve United States competitiveness in energy
            storage manufacturing or reduce United States dependence on
            critical materials.
            (3) Testing and validation.--In coordination with 1 or more
        National Laboratories, the Secretary shall support the development,
        standardized testing, and validation of energy storage systems
        under the program, including test-bed and field trials, by
        developing testing and evaluation methodologies for--
                (A) storage technologies, controls, and power electronics
            for energy storage systems under a variety of operating
            conditions;
                (B) standardized and grid performance testing for energy
            storage systems, materials, and technologies during each stage
            of development;
                (C) reliability, safety, degradation, and durability
            testing under standard and evolving duty cycles; and
                (D) accelerated life testing protocols to predict estimated
            lifetime metrics with accuracy.
            (4) Periodic evaluation of program objectives.--Not less
        frequently than once every calendar year, the Secretary shall
        evaluate and, if necessary, update the program objectives to ensure
        that the program continues to advance energy storage systems toward
        widespread commercial deployment by lowering the costs and
        increasing the duration of energy storage resources.
            (5) Energy storage strategic plan.--
                (A) In general.--The Secretary shall develop a 10-year
            strategic plan for the program, and update the plan, in
            accordance with this paragraph.
                (B) Contents.--The strategic plan developed under
            subparagraph (A) shall--
                    (i) be coordinated with and integrated across other
                relevant offices in the Department;
                    (ii) to the extent practicable, include metrics that
                can be used to evaluate storage technologies;
                    (iii) identify Department programs that--

                        (I) support the research and development activities
                    described in paragraph (2) and the demonstration
                    projects under subsection (c); and
                        (II)(aa) do not support the activities or projects
                    described in subclause (I); but
                        (bb) are important to the development of energy
                    storage systems and the mission of the Department, as
                    determined by the Secretary;

                    (iv) include expected timelines for--

                        (I) the accomplishment of relevant objectives under
                    current programs of the Department relating to energy
                    storage systems; and
                        (II) the commencement of any new initiatives within
                    the Department relating to energy storage systems to
                    accomplish those objectives; and

                    (v) incorporate relevant activities described in the
                Grid Modernization Initiative Multi-Year Program Plan.
                (C) Submission to congress.--Not later than 180 days after
            the date of enactment of this Act, the Secretary shall submit
            to the Committee on Energy and Natural Resources of the Senate
            and the Committees on Energy and Commerce and Science, Space,
            and Technology of the House of Representatives the strategic
            plan developed under subparagraph (A).
                (D) Updates to plan.--The Secretary--
                    (i) shall annually review the strategic plan developed
                under subparagraph (A); and
                    (ii) may periodically revise the strategic plan as
                appropriate.
            (6) Leveraging of resources.--The program may be led by a
        specific office of the Department, but shall be cross-cutting in
        nature, so that in carrying out activities under the program, the
        Secretary (or a designee of the Secretary charged with leading the
        program) shall leverage existing Federal resources, including, at a
        minimum, the expertise and resources of--
                (A) the Office of Electricity;
                (B) the Office of Energy Efficiency and Renewable Energy,
            including the Water Power Technologies Office; and
                (C) the Office of Science, including--
                    (i) the Basic Energy Sciences Program;
                    (ii) the Advanced Scientific Computing Research
                Program;
                    (iii) the Biological and Environmental Research
                Program; and
                (D) the Electricity Storage Research Initiative established
            under section 975 of the Energy Policy Act of 2005 (42 U.S.C.
            16315).
            (7) Protecting privacy and security.--In carrying out this
        subsection, the Secretary shall identify, incorporate, and follow
        best practices for protecting the privacy of individuals and
        businesses and the respective sensitive data of the individuals and
        businesses, including by managing privacy risk and implementing the
        Fair Information Practice Principles of the Federal Trade
        Commission for the collection, use, disclosure, and retention of
        individual electric consumer information in accordance with the
        Office of Management and Budget Circular A-130 (or successor
        circulars).
        (c) Energy Storage Demonstration Projects; Pilot Grant Program.--
            (1) Demonstration projects.--Not later than September 30, 2023,
        the Secretary shall, to the maximum extent practicable, enter into
        agreements to carry out 3 energy storage system demonstration
        projects, including at least 1 energy storage system demonstration
        project designed to further the development of technologies
        described in clause (v) or (vi) of subsection (b)(2)(A).
            (2) Energy storage pilot grant program.--
                (A) Definition of eligible entity.--In this paragraph, the
            term ``eligible entity'' means--
                    (i) a State energy office (as defined in section 124(a)
                of the Energy Policy Act of 2005 (42 U.S.C. 15821(a)));
                    (ii) an Indian Tribe (as defined in section 4 of the
                Native American Housing Assistance and Self-Determination
                Act of 1996 (25 U.S.C. 4103);
                    (iii) a Tribal organization (as defined in section 3765
                of title 38, United States Code);
                    (iv) an institution of higher education (as defined in
                section 101 of the Higher Education Act of 1965 (20 U.S.C.
                1001));
                    (v) an electric utility, including--

                        (I) an electric cooperative;
                        (II) a political subdivision of a State, such as a
                    municipally owned electric utility, or any agency,
                    authority, corporation, or instrumentality of a State
                    political subdivision; and
                        (III) an investor-owned utility; and

                    (vi) a private energy storage company.
                (B) Establishment.--The Secretary shall establish a
            competitive grant program under which the Secretary shall award
            grants to eligible entities to carry out demonstration projects
            for pilot energy storage systems.
                (C) Selection requirements.--In selecting eligible entities
            to receive a grant under subparagraph (B), the Secretary shall,
            to the maximum extent practicable--
                    (i) ensure regional diversity among eligible entities
                awarded grants, including ensuring participation of
                eligible entities that are rural States and States with
                high energy costs;
                    (ii) ensure that grants are awarded for demonstration
                projects that--

                        (I) expand on the existing technology demonstration
                    programs of the Department;
                        (II) are designed to achieve 1 or more of the
                    objectives described in subparagraph (D); and
                        (III) inject or withdraw energy from the bulk power
                    system, electric distribution system, building energy
                    system, or microgrid (grid-connected or islanded mode)
                    where the project is located;

                    (iii) give consideration to proposals from eligible
                entities for securing energy storage through competitive
                procurement or contract for service; and
                    (iv) prioritize projects that leverage matching funds
                from non-Federal sources.
                (D) Objectives.--Each demonstration project carried out by
            a grant awarded under subparagraph (B) shall have 1 or more of
            the following objectives:
                    (i) To improve the security of critical infrastructure
                and emergency response systems.
                    (ii) To improve the reliability of transmission and
                distribution systems, particularly in rural areas,
                including high-energy cost rural areas.
                    (iii) To optimize transmission or distribution system
                operation and power quality to defer or avoid costs of
                replacing or upgrading electric grid infrastructure,
                including transformers and substations.
                    (iv) To supply energy at peak periods of demand on the
                electric grid or during periods of significant variation of
                electric grid supply.
                    (v) To reduce peak loads of homes and businesses.
                    (vi) To improve and advance power conversion systems.
                    (vii) To provide ancillary services for grid stability
                and management.
                    (viii) To integrate renewable energy resource
                production.
                    (ix) To increase the feasibility of microgrids (grid-
                connected or islanded mode).
                    (x) To enable the use of stored energy in forms other
                than electricity to support the natural gas system and
                other industrial processes.
                    (xi) To integrate fast charging of electric vehicles.
                    (xii) To improve energy efficiency.
            (3) Reports.--Not less frequently than once every 3 years for
        the duration of the programs under paragraphs (1) and (2), the
        Secretary shall submit to Congress and make publicly available a
        report describing the performance of those programs.
            (4) No project ownership interest.--The Federal Government
        shall not hold any equity or other ownership interest in any energy
        storage system that is part of a project under this subsection
        unless the holding is agreed to by each participant of the project.
        (d) Long-duration Demonstration Initiative and Joint Program.--
            (1) Definitions.--In this subsection:
                (A) Initiative.--The term ``Initiative'' means the
            demonstration initiative established under paragraph (2).
                (B) Joint program.--The term ``Joint Program'' means the
            joint program established under paragraph (4).
            (2) Establishment of initiative.--Not later than 180 days after
        the date of enactment of this Act, the Secretary shall establish a
        demonstration initiative composed of demonstration projects focused
        on the development of long-duration energy storage technologies.
            (3) Selection of projects.--To the maximum extent practicable,
        in selecting demonstration projects to participate in the
        Initiative, the Secretary shall--
                (A) ensure a range of technology types;
                (B) ensure regional diversity among projects; and
                (C) consider bulk power level, distribution power level,
            behind-the-meter, microgrid (gridconnected or islanded mode),
            and off-grid applications.
            (4) Joint program.--
                (A) Establishment.--As part of the Initiative, the
            Secretary, in consultation with the Secretary of Defense, shall
            establish within the Department a joint program to carry out
            projects--
                    (i) to demonstrate promising long-duration energy
                storage technologies at different scales; and
                    (ii) to help new, innovative long-duration energy
                storage technologies become commercially viable.
                (B) Memorandum of understanding.--Not later than 200 days
            after the date of enactment of this Act, the Secretary shall
            enter into a memorandum of understanding with the Secretary of
            Defense to administer the Joint Program.
                (C) Infrastructure.--In carrying out the Joint Program, the
            Secretary and the Secretary of Defense shall--
                    (i) use existing test-bed infrastructure at--

                        (I) Department facilities; and
                        (II) Department of Defense installations; and

                    (ii) develop new infrastructure for identified
                projects, if appropriate.
                (D) Goals and metrics.--The Secretary and the Secretary of
            Defense shall develop goals and metrics for technological
            progress under the Joint Program consistent with energy
            resilience and energy security policies.
                (E) Selection of projects.--
                    (i) In general.--To the maximum extent practicable, in
                selecting projects to participate in the Joint Program, the
                Secretary and the Secretary of Defense shall--

                        (I) ensure that projects are carried out under
                    conditions that represent a variety of environments
                    with different physical conditions and market
                    constraints; and
                        (II) ensure an appropriate balance of--

                            (aa) larger, higher-cost projects; and
                            (bb) smaller, lower-cost projects.
                    (ii) Priority.--In carrying out the Joint Program, the
                Secretary and the Secretary of Defense shall give priority
                to demonstration projects that--

                        (I) make available to the public project
                    information that will accelerate deployment of long-
                    duration energy storage technologies; and
                        (II) will be carried out in the field.

        (e) Critical Material Recycling and Reuse Research, Development,
    and Demonstration Program.--The United States Energy Storage
    Competitiveness Act of 2007 (42 U.S.C. 17231) is amended by adding at
    the end the following:
        ``(q) Critical Material Recycling and Reuse Research, Development,
    and Demonstration Program.--
            ``(1) Definitions.--In this subsection:
                ``(A) Critical material.--The term `critical material' has
            the meaning given the term in 7002 of the Energy Act of 2020.
                ``(B) Critical material recycling.--The term `critical
            material recycling' means the separation and recovery of
            critical materials embedded within an energy storage system
            through physical or chemical means for the purpose of reuse of
            those critical materials in other technologies.
            ``(2) Establishment.--Not later than 180 days after the date of
        enactment of this subsection, the Secretary shall establish a
        research, development, and demonstration program for critical
        material recycling and reuse of energy storage systems containing
        critical materials.
            ``(3) Research, development, and demonstration.--In carrying
        out the program established under paragraph (1), the Secretary
        shall conduct--
                ``(A) research, development, and demonstration activities
            for--
                    ``(i) technologies, process improvements, and design
                optimizations that facilitate and promote critical material
                recycling of energy storage systems, including separation
                and sorting of component materials of such systems, and
                extraction, recovery, and reuse of critical materials from
                such systems;
                    ``(ii) technologies and methods that mitigate emissions
                and environmental impacts that arise from critical material
                recycling, including disposal of toxic reagents and
                byproducts related to critical material recycling
                processes;
                    ``(iii) technologies to enable extraction, recovery,
                and reuse of energy storage systems from electric vehicles
                and critical material recycling from such vehicles; and
                    ``(iv) technologies and methods to enable the safe
                transport, storage, and disposal of energy storage systems
                containing critical materials, including waste materials
                and components recovered during the critical material
                recycling process; and
                ``(B) research on nontechnical barriers to improve the
            collection and critical material recycling of energy storage
            systems, including strategies to improve consumer education of,
            acceptance of, and participation in, the critical material
            recycling of energy storage systems.
            ``(4) Report to congress.--Not later than 2 years after the
        date of enactment of this subsection, and every 3 years thereafter,
        the Secretary shall submit to the Committee on Science, Space, and
        Technology and the Committee on Energy and Commerce of the House of
        Representatives and the Committee on Energy and Natural Resources
        of the Senate a report summarizing the activities, findings, and
        progress of the program.''.
        (f) Coordination.--To the maximum extent practicable, the Secretary
    shall coordinate the activities under this section (including
    activities conducted pursuant to the amendments made by this section)
    among the offices and employees of the Department, other Federal
    agencies, and other relevant entities--
            (1) to ensure appropriate collaboration;
            (2) to avoid unnecessary duplication of those activities; and
            (3) to increase domestic manufacturing and production of energy
        storage systems, such as those within the Department and within the
        National Institute of Standards and Technology.
        (g) Authorization of Appropriations.--There are authorized to be
    appropriated--
            (1) to carry out subsection (b), $100,000,000 for each of
        fiscal years 2021 through 2025, to remain available until expended;
            (2) to carry out subsection (c), $71,000,000 for each of fiscal
        years 2021 through 2025, to remain available until expended; and
            (3) to carry out subsection (d), $30,000,000 for each of fiscal
        years 2021 through 2025, to remain available until expended.
    SEC. 3202. ENERGY STORAGE TECHNOLOGY AND MICROGRID ASSISTANCE PROGRAM.
        (a) Definitions.--In this section:
            (1) Eligible entity.--The term ``eligible entity'' means--
                (A) a rural electric cooperative;
                (B) an agency, authority, or instrumentality of a State or
            political subdivision of a State that sells or otherwise uses
            electrical energy to provide electric services for customers;
            or
                (C) a nonprofit organization working with at least 6
            entities described in subparagraph (A) or (B).
            (2) Energy storage technology.--The term ``energy storage
        technology'' includes grid-enabled water heaters, building heating
        or cooling systems, electric vehicles, the production of hydrogen
        for transportation or industrial use, or other technologies that
        store energy.
            (3) Microgrid.--The term ``microgrid'' means a localized grid
        that operates autonomously regardless of whether the grid can
        operate in connection with another grid.
            (4) Renewable energy source.--The term ``renewable energy
        source'' has the meaning given the term in section 609(a) of the
        Public Utility Regulatory Policies Act of 1978 (7 U.S.C. 918c(a)).
            (5) Rural electric cooperative.--The term ``rural electric
        cooperative'' means an electric cooperative (as defined in section
        3 of the Federal Power Act (16 U.S.C. 796)) that sells electric
        energy to persons in rural areas.
            (6) Secretary.--The term ``Secretary'' means the Secretary of
        Energy.
        (b) In General.--Not later than 180 days after the date of the
    enactment of this Act, the Secretary shall establish a program under
    which the Secretary shall--
            (1) provide grants to eligible entities under subsection (d);
            (2) provide technical assistance to eligible entities under
        subsection (e); and
            (3) disseminate information to eligible entities on--
                (A) the activities described in subsections (d)(1) and (e);
            and
                (B) potential and existing energy storage technology and
            microgrid projects.
        (c) Cooperative Agreement.--The Secretary may enter into a
    cooperative agreement with an eligible entity to carry out subsection
    (b).
        (d) Grants.--
            (1) In general.--The Secretary may award grants to eligible
        entities for identifying, evaluating, designing, and demonstrating
        energy storage technology and microgrid projects that utilize
        energy from renewable energy sources.
            (2) Application.--To be eligible to receive a grant under
        paragraph (1), an eligible entity shall submit to the Secretary an
        application at such time, in such manner, and containing such
        information as the Secretary may require.
            (3) Use of grant.--An eligible entity that receives a grant
        under paragraph (1)--
                (A) shall use the grant--
                    (i) to conduct feasibility studies to assess the
                potential for implementation or improvement of energy
                storage technology or microgrid projects;
                    (ii) to analyze and implement strategies to overcome
                barriers to energy storage technology or microgrid project
                implementation, including financial, contracting, siting,
                and permitting barriers;
                    (iii) to conduct detailed engineering of energy storage
                technology or microgrid projects;
                    (iv) to perform a cost-benefit analysis with respect to
                an energy storage technology or microgrid project;
                    (v) to plan for both the short- and long-term inclusion
                of energy storage technology or microgrid projects into the
                future development plans of the eligible entity; or
                    (vi) to purchase and install necessary equipment,
                materials, and supplies for demonstration of emerging
                technologies; and
                (B) may use the grant to obtain technical assistance from
            experts in carrying out the activities described in
            subparagraph (A).
            (4) Condition.--As a condition of receiving a grant under
        paragraph (1), an eligible entity shall--
                (A) implement a public awareness campaign, in coordination
            with the Secretary, about the project implemented under the
            grant in the community in which the eligible entity is located,
            which campaign shall include providing projected environmental
            benefits achieved under the project, where to find more
            information about the program established under this section,
            and any other information the Secretary determines necessary;
                (B) submit to the Secretary, and make available to the
            public, a report that describes--
                    (i) any energy cost savings and environmental benefits
                achieved under the project; and
                    (ii) the results of the project, including quantitative
                assessments to the extent practicable, associated with each
                activity described in paragraph (3)(A); and
                (C) create and disseminate tools and resources that will
            benefit other rural electric cooperatives, which may include
            cost calculators, guidebooks, handbooks, templates, and
            training courses.
            (5) Cost-share.--Activities under this subsection shall be
        subject to the cost-sharing requirements of section 988 of the
        Energy Policy Act of 2005 (42 U.S.C. 16352).
        (e) Technical Assistance.--
            (1) In general.--In carrying out the program established under
        subsection (b), the Secretary may provide eligible entities with
        technical assistance relating to--
                (A) identifying opportunities for energy storage technology
            and microgrid projects;
                (B) understanding the technical and economic
            characteristics of energy storage technology or microgrid
            projects;
                (C) understanding financing alternatives;
                (D) permitting and siting issues;
                (E) obtaining case studies of similar and successful energy
            storage technology or microgrid projects;
                (F) reviewing and obtaining computer software for
            assessment, design, and operation and maintenance of energy
            storage technology or microgrid systems; and
                (G) understanding and utilizing the reliability and
            resiliency benefits of energy storage technology and microgrid
            projects.
            (2) External contracts.--In carrying out paragraph (1), the
        Secretary may enter into contracts with third-party experts,
        including engineering, finance, and insurance experts, to provide
        technical assistance to eligible entities relating to the
        activities described in such paragraph, or other relevant
        activities, as determined by the Secretary.
        (f) Authorization of Appropriations.--
            (1) In general.--There is authorized to be appropriated to
        carry out this section $15,000,000 for each of fiscal years 2021
        through 2025.
            (2) Administrative costs.--Not more than 5 percent of the
        amount appropriated under paragraph (1) for each fiscal year shall
        be used for administrative expenses.

                          TITLE IV--CARBON MANAGEMENT

    SEC. 4001. FOSSIL ENERGY.
        Section 961(a) of the Energy Policy Act of 2005 (42 U.S.C.
    16291(a)) is amended--
            (1) by redesignating paragraphs (1) through (7) as
        subparagraphs (A) through (G), respectively, and indenting
        appropriately;
            (2) in subparagraph (F) (as so redesignated), by inserting ``,
        including technology development to reduce emissions of carbon
        dioxide and associated emissions of heavy metals within coal
        combustion residues and gas streams resulting from fossil fuel use
        and production'' before the period at the end;
            (3) by striking subparagraph (G) (as so redesignated) and
        inserting the following:
                ``(G) Increasing the export of fossil energy-related
            equipment, technology, including emissions control
            technologies, and services from the United States.
                ``(H) Decreasing the cost of emissions control technologies
            for fossil energy production, generation, and delivery.
                ``(I) Significantly lowering greenhouse gas emissions for
            all fossil fuel production, generation, delivery, and
            utilization technologies.
                ``(J) Developing carbon removal and utilization
            technologies, products, and methods that result in net
            reductions in greenhouse gas emissions, including direct air
            capture and storage, and carbon use and reuse for commercial
            application.
                ``(K) Improving the conversion, use, and storage of carbon
            oxides produced from fossil fuels.
                ``(L) Reducing water use, improving water reuse, and
            minimizing surface and subsurface environmental impact in the
            development of unconventional domestic oil and natural gas
            resources.'';
            (4) by striking the subsection designation and all that follows
        through ``The Secretary'' in the first sentence of the matter
        preceding subparagraph (A) (as so redesignated) and inserting the
        following:
        ``(a) Establishment.--
            ``(1) In general.--The Secretary'';
            (5) in paragraph (1) (as so designated), in the second sentence
        of the matter preceding subparagraph (A) (as so redesignated), by
        striking ``Such programs'' and inserting the following:
            ``(2) Objectives.--The programs described in paragraph (1)
        shall''; and
            (6) by adding at the end the following:
            ``(3) Priority.--In carrying out the objectives described in
        subparagraphs (F) through (K) of paragraph (2), the Secretary shall
        prioritize activities and strategies that have the potential to
        significantly reduce emissions for each technology relevant to the
        applicable objective and the international commitments of the
        United States.''.
    SEC. 4002. ESTABLISHMENT OF CARBON CAPTURE TECHNOLOGY PROGRAM.
        (a) In General.--The Energy Policy Act of 2005 is amended by
    striking section 962 (42 U.S.C. 16292) and inserting the following:
        ``SEC. 962. CARBON CAPTURE TECHNOLOGY PROGRAM.
        ``(a) Definitions.--In this section:
            ``(1) Large-scale pilot project.--The term `large-scale pilot
        project' means a pilot project that--
                ``(A) represents the scale of technology development beyond
            laboratory development and bench scale testing, but not yet
            advanced to the point of being tested under real operational
            conditions at commercial scale;
                ``(B) represents the scale of technology necessary to gain
            the operational data needed to understand the technical and
            performance risks of the technology before the application of
            that technology at commercial scale or in commercial-scale
            demonstration; and
                ``(C) is large enough--
                    ``(i) to validate scaling factors; and
                    ``(ii) to demonstrate the interaction between major
                components so that control philosophies for a new process
                can be developed and enable the technology to advance from
                large-scale pilot project application to commercial-scale
                demonstration or application.
            ``(2) Natural gas.--The term `natural gas' means any fuel
        consisting in whole or in part of--
                ``(A) natural gas;
                ``(B) liquid petroleum gas;
                ``(C) synthetic gas derived from petroleum or natural gas
            liquids;
                ``(D) any mixture of natural gas and synthetic gas; or
                ``(E) biomethane.
            ``(3) Natural gas electric generation facility.--
                ``(A) In general.--The term `natural gas electric
            generation facility' means a facility that generates electric
            energy using natural gas as the fuel.
                ``(B) Inclusions.--The term `natural gas electric
            generation facility' includes without limitation a new or
            existing--
                    ``(i) simple cycle plant;
                    ``(ii) combined cycle plant;
                    ``(iii) combined heat and power plant; or
                    ``(iv) steam methane reformer that produces hydrogen
                from natural gas for use in the production of electric
                energy.
            ``(4) Program.--The term `program' means the program
        established under subsection (b)(1).
            ``(5) Transformational technology.--
                ``(A) In general.--The term `transformational technology'
            means a technology that represents a significant change in the
            methods used to convert energy that will enable a step change
            in performance, efficiency, cost of electricity, and reduction
            of emissions as compared to the technology in existence on the
            date of enactment of the Energy Act of 2020.
                ``(B) Inclusions.--The term `transformational technology'
            includes a broad range of potential technology improvements,
            including--
                    ``(i) thermodynamic improvements in energy conversion
                and heat transfer, including--

                        ``(I) advanced combustion systems, including oxygen
                    combustion systems and chemical looping; and
                        ``(II) the replacement of steam cycles with
                    supercritical carbon dioxide cycles;

                    ``(ii) improvements in steam or carbon dioxide turbine
                technology;
                    ``(iii) improvements in carbon capture, utilization,
                and storage systems technology;
                    ``(iv) improvements in small-scale and modular coal-
                fired technologies with reduced carbon output or carbon
                capture that can support incremental power generation
                capacity additions;
                    ``(v) fuel cell technologies for low-cost, high-
                efficiency modular power systems;
                    ``(vi) advanced gasification systems;
                    ``(vii) thermal cycling technologies; and
                    ``(viii) any other technology the Secretary recognizes
                as transformational technology.
        ``(b) Carbon Capture Technology Program.--
            ``(1) In general.--The Secretary shall establish a carbon
        capture technology program for the development of transformational
        technologies that will significantly improve the efficiency,
        effectiveness, costs, emissions reductions, and environmental
        performance of coal and natural gas use, including in manufacturing
        and industrial facilities.
            ``(2) Requirements.--The program shall include--
                ``(A) a research and development program;
                ``(B) large-scale pilot projects;
                ``(C) demonstration projects, in accordance with paragraph
            (4); and
                ``(D) a front-end engineering and design program.
            ``(3) Program goals and objectives.--In consultation with the
        interested entities described in paragraph (6)(C), the Secretary
        shall develop goals and objectives for the program to be applied to
        the transformational technologies developed within the program,
        taking into consideration the following:
                ``(A) Increasing the performance of coal electric
            generation facilities and natural gas electric generation
            facilities, including by--
                    ``(i) ensuring reliable, low-cost power from new and
                existing coal electric generation facilities and natural
                gas electric generation facilities;
                    ``(ii) achieving high conversion efficiencies;
                    ``(iii) addressing emissions of carbon dioxide and
                other air pollutants;
                    ``(iv) developing small-scale and modular technologies
                to support incremental capacity additions and load
                following generation, in addition to large-scale generation
                technologies;
                    ``(v) supporting dispatchable operations for new and
                existing applications of coal and natural gas generation;
                and
                    ``(vi) accelerating the development of technologies
                that have transformational energy conversion
                characteristics.
                ``(B) Using carbon capture, utilization, and sequestration
            technologies to decrease the carbon dioxide emissions, and the
            environmental impact from carbon dioxide emissions, from new
            and existing coal electric generation facilities and natural
            gas electric generation facilities, including by--
                    ``(i) accelerating the development, deployment, and
                commercialization of technologies to capture and sequester
                carbon dioxide emissions from new and existing coal
                electric generation facilities and natural gas electric
                generation facilities;
                    ``(ii) supporting sites for safe geological storage of
                large volumes of anthropogenic sources of carbon dioxide
                and the development of the infrastructure needed to support
                a carbon dioxide utilization and storage industry;
                    ``(iii) improving the conversion, utilization, and
                storage of carbon dioxide produced from fossil fuels and
                other anthropogenic sources of carbon dioxide;
                    ``(iv) lowering greenhouse gas emissions for all fossil
                fuel production, generation, delivery, and use, to the
                maximum extent practicable;
                    ``(v) developing carbon utilization technologies,
                products, and methods, including carbon use and reuse for
                commercial application;
                    ``(vi) developing net-negative carbon dioxide emissions
                technologies; and
                    ``(vii) developing technologies for the capture of
                carbon dioxide produced during the production of hydrogen
                from natural gas.
                ``(C) Decreasing the non-carbon dioxide relevant
            environmental impacts of coal and natural gas production,
            including by--
                    ``(i) further reducing non-carbon dioxide air
                emissions; and
                    ``(ii) reducing the use, and managing the discharge, of
                water in power plant operations.
                ``(D) Accelerating the development of technologies to
            significantly decrease emissions from manufacturing and
            industrial facilities, including--
                    ``(i) nontraditional fuel manufacturing facilities,
                including ethanol or other biofuel production plants or
                hydrogen production plants; and
                    ``(ii) energy-intensive manufacturing facilities that
                produce carbon dioxide as a byproduct of operations.
                ``(E) Entering into cooperative agreements to carry out and
            expedite demonstration projects (including pilot projects) to
            demonstrate the technical and commercial viability of
            technologies to reduce carbon dioxide emissions released from
            coal electric generation facilities and natural gas electric
            generation facilities for commercial deployment.
                ``(F) Identifying any barriers to the commercial deployment
            of any technologies under development for the capture of carbon
            dioxide produced by coal electric generation facilities and
            natural gas electric generation facilities.
            ``(4) Demonstration projects.--
                ``(A) In general.--In carrying out the program, the
            Secretary shall establish a demonstration program under which
            the Secretary, through a competitive, merit-reviewed process,
            shall enter into cooperative agreements by not later than
            September 30, 2025, for demonstration projects to demonstrate
            the construction and operation of 6 facilities to capture
            carbon dioxide from coal electric generation facilities,
            natural gas electric generation facilities, and industrial
            facilities.
                ``(B) Technical assistance.--The Secretary, to the maximum
            extent practicable, shall provide technical assistance to any
            eligible entity seeking to enter into a cooperative agreement
            described in subparagraph (A) for the purpose of obtaining any
            necessary permits and licenses to demonstrate qualifying
            technologies.
                ``(C) Eligible entities.--The Secretary may enter into
            cooperative agreements under subparagraph (A) with industry
            stakeholders, including any industry stakeholder operating in
            partnership with the National Laboratories, institutions of
            higher education, multiinstitutional collaborations, and other
            appropriate entities.
                ``(D) Commercial-scale demonstration projects.--
                    ``(i) In general.--In carrying out the program, the
                Secretary shall establish a carbon capture technology
                commercialization program to demonstrate substantial
                improvements in the efficiency, effectiveness, cost, and
                environmental performance of carbon capture technologies
                for power, industrial, and other commercial applications.
                    ``(ii) Requirement.--The program established under
                clause (i) shall include funding for commercial-scale
                carbon capture technology demonstrations of projects
                supported by the Department, including projects in addition
                to the projects described in subparagraph (A), including
                funding for not more than 2 projects to demonstrate
                substantial improvements in a particular technology type
                beyond the first of a kind demonstration and to account for
                considerations described in subparagraph (G).
                ``(E) Requirement.--Of the demonstration projects carried
            out under subparagraph (A)--
                    ``(i) 2 shall be designed to capture carbon dioxide
                from a natural gas electric generation facility;
                    ``(ii) 2 shall be designed to capture carbon dioxide
                from a coal electric generation facility; and
                    ``(iii) 2 shall be designed to capture carbon dioxide
                from an industrial facility not purposed for electric
                generation.
                ``(F) Goals.--Each demonstration project under the
            demonstration program under subparagraph (A)--
                    ``(i) shall be designed to further the development,
                deployment, and commercialization of technologies to
                capture and sequester carbon dioxide emissions from new and
                existing coal electric generation facilities, natural gas
                electric generation facilities, and industrial facilities;
                    ``(ii) shall be financed in part by the private sector;
                and
                    ``(iii) if necessary, shall secure agreements for the
                offtake of carbon dioxide emissions captured by qualifying
                technologies during the project.
                ``(G) Applications.--
                    ``(i) In general.--To be eligible to enter into an
                agreement with the Secretary for a demonstration project
                under subparagraphs (A) and (D), an entity shall submit to
                the Secretary an application at such time, in such manner,
                and containing such information as the Secretary may
                require.
                    ``(ii) Review of applications.--In reviewing
                applications submitted under clause (i), the Secretary, to
                the maximum extent practicable, shall--

                        ``(I) ensure a broad geographic distribution of
                    project sites;
                        ``(II) ensure that a broad selection of electric
                    generation facilities are represented;
                        ``(III) ensure that a broad selection of
                    technologies are represented; and
                        ``(IV) leverage existing public-private
                    partnerships and Federal resources.

                ``(H) GAO study and report.--
                    ``(i) Study and report.--

                        ``(I) In general.--Not later than 1 year after the
                    date of enactment of the Energy Act of 2020, the
                    Comptroller General of the United States shall conduct,
                    and submit to the Committee on Energy and Natural
                    Resources of the Senate and the Committee on Science,
                    Space, and Technology of the House of Representatives a
                    report on the results of, a study of the successes,
                    failures, practices, and improvements of the Department
                    in carrying out demonstration projects under this
                    paragraph.
                        ``(II) Considerations.--In conducting the study
                    under subclause (I), the Comptroller General of the
                    United States shall consider--

                            ``(aa) applicant and contractor qualifications;
                            ``(bb) project management practices at the
                        Department;
                            ``(cc) economic or market changes and other
                        factors impacting project viability;
                            ``(dd) completion of third-party agreements,
                        including power purchase agreements and carbon
                        dioxide offtake agreements;
                            ``(ee) regulatory challenges; and
                            ``(ff) construction challenges.
                    ``(ii) Recommendations.--The Secretary shall--

                        ``(I) consider any relevant recommendations, as
                    determined by the Secretary, provided in the report
                    required under clause (i)(I); and
                        ``(II) adopt such recommendations as the Secretary
                    considers appropriate.

                ``(I) Report.--
                    ``(i) In general.--Not later than 180 days after the
                date on which the Secretary solicits applications under
                subparagraph (G), and annually thereafter, the Secretary
                shall submit to the appropriate committees of jurisdiction
                of the Senate and the House of Representatives a report
                that includes a detailed description of how the
                applications under the demonstration program established
                under subparagraph (A) were or will be solicited and how
                the applications were or will be evaluated, including--

                        ``(I) a list of any activities carried out by the
                    Secretary to solicit or evaluate the applications; and
                        ``(II) a process for ensuring that any projects
                    carried out under a cooperative agreement entered into
                    under subparagraph (A) are designed to result in the
                    development or demonstration of qualifying
                    technologies.

                    ``(ii) Inclusions.--The Secretary shall include--

                        ``(I) in the first report required under clause
                    (i), a detailed list of technical milestones for the
                    development and demonstration of each qualifying
                    technology pursued under the demonstration program
                    established under subparagraph (A);
                        ``(II) in each subsequent report required under
                    clause (i), a description of the progress made towards
                    achieving the technical milestones described in
                    subclause (I) during the applicable period covered by
                    the report; and
                        ``(III) in each report required under clause (i)--

                            ``(aa) an estimate of the cost of licensing,
                        permitting, constructing, and operating each carbon
                        capture facility expected to be constructed under
                        the demonstration program established under
                        subparagraph (A);
                            ``(bb) a schedule for the planned construction
                        and operation of each demonstration or pilot
                        project under the demonstration program; and
                            ``(cc) an estimate of any financial assistance,
                        compensation, or incentives proposed to be paid by
                        the host State, Indian Tribe, or local government
                        with respect to each facility described in item
                        (aa).
            ``(5) Intraagency coordination for carbon capture, utilization,
        and sequestration activities.--The carbon capture, utilization, and
        sequestration activities described in paragraph (3)(B) shall be
        carried out by the Assistant Secretary for Fossil Energy, in
        coordination with the heads of other relevant offices of the
        Department and the National Laboratories.
            ``(6) Consultations required.--In carrying out the program, the
        Secretary shall--
                ``(A) undertake international collaborations, taking into
            consideration the recommendations of the National Coal Council
            and the National Petroleum Council;
                ``(B) use existing authorities to encourage international
            cooperation; and
                ``(C) consult with interested entities, including--
                    ``(i) coal and natural gas producers;
                    ``(ii) industries that use coal and natural gas;
                    ``(iii) organizations that promote coal, advanced coal,
                and natural gas technologies;
                    ``(iv) environmental organizations;
                    ``(v) organizations representing workers; and
                    ``(vi) organizations representing consumers.
        ``(c) Report.--
            ``(1) In general.--Not later than 18 months after the date of
        enactment of the Energy Act of 2020, the Secretary shall submit to
        Congress a report describing the program goals and objectives
        adopted under subsection (b)(3).
            ``(2) Update.--Not less frequently than once every 2 years
        after the initial report is submitted under paragraph (1), the
        Secretary shall submit to Congress a report describing the progress
        made towards achieving the program goals and objectives adopted
        under subsection (b)(3).
        ``(d) Funding.--
            ``(1) Authorization of appropriations.--There are authorized to
        be appropriated to the Secretary to carry out this section, to
        remain available until expended--
                ``(A) for activities under the research and development
            program component described in subsection (b)(2)(A)--
                    ``(i) $230,000,000 for each of fiscal years 2021 and
                2022; and
                    ``(ii) $150,000,000 for each of fiscal years 2023
                through 2025;
                ``(B) subject to paragraph (2), for activities under the
            large-scale pilot projects program component described in
            subsection (b)(2)(B)--
                    ``(i) $225,000,000 for each of fiscal years 2021 and
                2022;
                    ``(ii) $200,000,000 for each of fiscal years 2023 and
                2024; and
                    ``(iii) $150,000,000 for fiscal year 2025;
                ``(C) for activities under the demonstration projects
            program component described in subsection (b)(2)(C)--
                    ``(i) $500,000,000 for each of fiscal years 2021 though
                2024; and
                    ``(ii) $600,000,000 for fiscal year 2025; and
                ``(D) for activities under the front-end engineering and
            design program described in subsection (b)(2)(D), $50,000,000
            for each of fiscal years 2021 through 2024.
            ``(2) Cost sharing for large-scale pilot projects.--Activities
        under subsection (b)(2)(B) shall be subject to the cost-sharing
        requirements of section 988(b).
        ``(e) Carbon Capture Test Centers.--
            ``(1) In general.--Not later than 2 years after the date of
        enactment of the Energy Act of 2020, the Secretary shall award
        grants to 1 or more entities for the operation of 1 or more test
        centers (referred to in this subsection as a `Center') to provide
        distinct testing capabilities for innovative carbon capture
        technologies.
            ``(2) Purpose.--Each Center shall--
                ``(A) advance research, development, demonstration, and
            commercial application of carbon capture technologies;
                ``(B) support large-scale pilot projects and demonstration
            projects and test carbon capture technologies; and
                ``(C) develop front-end engineering design and economic
            analysis.
            ``(3) Selection.--
                ``(A) In general.--The Secretary shall select entities to
            receive grants under this subsection according to such criteria
            as the Secretary may develop.
                ``(B) Competitive basis.--The Secretary shall select
            entities to receive grants under this subsection on a
            competitive basis.
                ``(C) Priority criteria.--In selecting entities to receive
            grants under this subsection, the Secretary shall prioritize
            consideration of applicants that--
                    ``(i) have access to existing or planned research
                facilities for carbon capture technologies;
                    ``(ii) are institutions of higher education with
                established expertise in engineering for carbon capture
                technologies, or partnerships with such institutions of
                higher education; or
                    ``(iii) have access to existing research and test
                facilities for bulk materials design and testing, component
                design and testing, or professional engineering design.
                ``(D) Existing centers.--In selecting entities to receive
            grants under this subsection, the Secretary shall prioritize
            carbon capture test centers in existence on the date of
            enactment of the Energy Act of 2020.
            ``(4) Formula for awarding grants.--The Secretary may develop a
        formula for awarding grants under this subsection.
            ``(5) Schedule.--
                ``(A) In general.--Each grant awarded under this subsection
            shall be for a term of not more than 5 years, subject to the
            availability of appropriations.
                ``(B) Renewal.--The Secretary may renew a grant for 1 or
            more additional 5-year terms, subject to a competitive merit
            review and the availability of appropriations.
            ``(6) Termination.--To the extent otherwise authorized by law,
        the Secretary may eliminate, and terminate grant funding under this
        subsection for, a Center during any 5-year term described in
        paragraph (5) if the Secretary determines that the Center is
        underperforming.
            ``(7) Authorization of appropriations.--There is authorized to
        be appropriated to carry out this subsection $25,000,000 for each
        of fiscal years 2021 through 2025.''.
        (b) Technical Amendment.--The table of contents for the Energy
    Policy Act of 2005 (Public Law 109-58; 119 Stat. 600) is amended by
    striking the item relating to section 962 and inserting the following:

    ``Sec. 962. Carbon capture technology program.''.
    SEC. 4003. CARBON STORAGE VALIDATION AND TESTING.
        (a) In General.--Section 963 of the Energy Policy Act of 2005 (42
    U.S.C. 16293) is amended--
            (1) by striking subsection (d) and inserting the following:
        ``(g) Authorization of Appropriations.--There are authorized to be
    appropriated to the Secretary to carry out this section--
            ``(1) $200,000,000 for fiscal year 2021;
            ``(2) $200,000,000 for fiscal year 2022;
            ``(3) $150,000,000 for fiscal year 2023;
            ``(4) $150,000,000 for fiscal year 2024; and
            ``(5) $100,000,000 for fiscal year 2025.'';
            (2) in subsection (c)--
                (A) by striking paragraphs (5) and (6) and inserting the
            following:
        ``(f) Cost Sharing.--Activities carried out under this section
    shall be subject to the cost-sharing requirements of section 988.'';
    and
                (B) by redesignating paragraph (4) as subsection (e) and
            indenting appropriately;
            (3) in subsection (e) (as so redesignated)--
                (A) by redesignating subparagraphs (A) and (B) as
            paragraphs (1) and (2), respectively, and indenting
            appropriately; and
                (B) by striking ``subsection'' each place it appears and
            inserting ``section''; and
            (4) by striking the section designation and heading and all
        that follows through the end of subsection (c)(3) and inserting the
        following:
        ``SEC. 963. CARBON STORAGE VALIDATION AND TESTING.
        ``(a) Definitions.--In this section:
            ``(1) Large-scale carbon sequestration.--The term `large-scale
        carbon sequestration' means a scale that--
                ``(A) demonstrates the ability to inject into geologic
            formations and sequester carbon dioxide; and
                ``(B) has a goal of sequestering not less than 50 million
            metric tons of carbon dioxide over a 10-year period.
            ``(2) Program.--The term `program' means the program
        established under subsection (b)(1).
        ``(b) Carbon Storage Program.--
            ``(1) In general.--The Secretary shall establish a program of
        research, development, and demonstration for carbon storage.
            ``(2) Program activities.--Activities under the program shall
        include--
                ``(A) in coordination with relevant Federal agencies,
            developing and maintaining mapping tools and resources that
            assess the capacity of geologic storage formation in the United
            States;
                ``(B) developing monitoring tools, modeling of geologic
            formations, and analyses--
                    ``(i) to predict carbon dioxide containment; and
                    ``(ii) to account for sequestered carbon dioxide in
                geologic storage sites;
                ``(C) researching--
                    ``(i) potential environmental, safety, and health
                impacts in the event of a leak into the atmosphere or to an
                aquifer; and
                    ``(ii) any corresponding mitigation actions or
                responses to limit harmful consequences of such a leak;
                ``(D) evaluating the interactions of carbon dioxide with
            formation solids and fluids, including the propensity of
            injections to induce seismic activity;
                ``(E) assessing and ensuring the safety of operations
            relating to geologic sequestration of carbon dioxide;
                ``(F) determining the fate of carbon dioxide concurrent
            with and following injection into geologic formations;
                ``(G) supporting cost and business model assessments to
            examine the economic viability of technologies and systems
            developed under the program; and
                ``(H) providing information to the Environmental Protection
            Agency, States, local governments, Tribal governments, and
            other appropriate entities, to ensure the protection of human
            health and the environment.
            ``(3) Geologic settings.--In carrying out research activities
        under this subsection, the Secretary shall consider a variety of
        candidate onshore and offshore geologic settings, including--
                ``(A) operating oil and gas fields;
                ``(B) depleted oil and gas fields;
                ``(C) residual oil zones;
                ``(D) unconventional reservoirs and rock types;
                ``(E) unmineable coal seams;
                ``(F) saline formations in both sedimentary and basaltic
            geologies;
                ``(G) geologic systems that may be used as engineered
            reservoirs to extract economical quantities of brine from
            geothermal resources of low permeability or porosity; and
                ``(H) geologic systems containing in situ carbon dioxide
            mineralization formations.
        ``(c) Large-scale Carbon Sequestration Demonstration Program.--
            ``(1) In general.--The Secretary shall establish a
        demonstration program under which the Secretary shall provide
        funding for demonstration projects to collect and validate
        information on the cost and feasibility of commercial deployment of
        large-scale carbon sequestration technologies.
            ``(2) Existing regional carbon sequestration partnerships.--In
        carrying out paragraph (1), the Secretary may provide additional
        funding to regional carbon sequestration partnerships that are
        carrying out or have completed a large-scale carbon sequestration
        demonstration project under this section (as in effect on the day
        before the date of enactment of the Energy Act of 2020) for
        additional work on that project.
            ``(3) Demonstration components.--Each demonstration project
        carried out under this subsection shall include longitudinal tests
        involving carbon dioxide injection and monitoring, mitigation, and
        verification operations.
            ``(4) Clearinghouse.--The National Energy Technology Laboratory
        shall act as a clearinghouse of shared information and resources
        for--
                ``(A) existing or completed demonstration projects
            receiving additional funding under paragraph (2); and
                ``(B) any new demonstration projects funded under this
            subsection.
            ``(5) Report.--Not later than 1 year after the date of
        enactment of the Energy Act of 2020, the Secretary shall submit to
        the Committee on Energy and Natural Resources of the Senate and the
        Committee on Science, Space, and Technology of the House of
        Representatives a report that--
                ``(A) assesses the progress of all regional carbon
            sequestration partnerships carrying out a demonstration project
            under this subsection;
                ``(B) identifies the remaining challenges in achieving
            large-scale carbon sequestration that is reliable and safe for
            the environment and public health; and
                ``(C) creates a roadmap for carbon storage research and
            development activities of the Department through 2025, with the
            goal of reducing economic and policy barriers to commercial
            carbon sequestration.
        ``(d) Integrated Storage.--
            ``(1) In general.--The Secretary may transition large-scale
        carbon sequestration demonstration projects under subsection (c)
        into integrated commercial storage complexes.
            ``(2) Goals and objectives.--The goals and objectives of the
        Secretary in seeking to transition large-scale carbon sequestration
        demonstration projects into integrated commercial storage complexes
        under paragraph (1) shall be--
                ``(A) to identify geologic storage sites that are able to
            accept large volumes of carbon dioxide acceptable for
            commercial contracts;
                ``(B) to understand the technical and commercial viability
            of carbon dioxide geologic storage sites; and
                ``(C) to carry out any other activities necessary to
            transition the large-scale carbon sequestration demonstration
            projects under subsection (c) into integrated commercial
            storage complexes.''.
        (b) Technical Amendment.--The table of contents for the Energy
    Policy Act of 2005 (Public Law 109-58; 119 Stat. 600; 121 Stat. 1708)
    is amended by striking the item relating to section 963 and inserting
    the following:

    ``Sec. 963. Carbon storage validation and testing.''.

        (c) Conforming Amendments.--
            (1) Section 703(a)(3) of the Department of Energy Carbon
        Capture and Sequestration Research, Development, and Demonstration
        Act of 2007 (42 U.S.C. 17251(a)(3)) is amended, in the first
        sentence of the matter preceding subparagraph (A), by--
                (A) striking ``section 963(c)(3)'' and inserting ``section
            963(c)''; and
                (B) striking ``16293(c)(3)'' and inserting ``16293(c)''.
            (2) Section 704 of the Department of Energy Carbon Capture and
        Sequestration Research, Development, and Demonstration Act of 2007
        (42 U.S.C. 17252) is amended, in the first sentence, by--
                (A) striking ``section 963(c)(3)'' and inserting ``section
            963(c)''; and
                (B) striking ``16293(c)(3)'' and inserting ``16293(c)''.
    SEC. 4004. CARBON UTILIZATION PROGRAM.
        (a) Carbon Utilization Program.--
            (1) In general.--Subtitle F of title IX of the Energy Policy
        Act of 2005 (42 U.S.C. 16291 et seq.) is amended by adding at the
        end the following:
    ``SEC. 969A. CARBON UTILIZATION PROGRAM.
        ``(a) In General.--The Secretary shall establish a program of
    research, development, and demonstration for carbon utilization--
            ``(1) to assess and monitor--
                ``(A) potential changes in lifecycle carbon dioxide and
            other greenhouse gas emissions; and
                ``(B) other environmental safety indicators of new
            technologies, practices, processes, or methods used in enhanced
            hydrocarbon recovery as part of the activities authorized under
            section 963;
            ``(2) to identify and assess novel uses for carbon, including
        the conversion of carbon and carbon oxides for commercial and
        industrial products and other products with potential market value;
            ``(3) to identify and assess carbon capture technologies for
        industrial systems; and
            ``(4) to identify and assess alternative uses for raw coal and
        processed coal products in all phases that result in no significant
        emissions of carbon dioxide or other pollutants, including products
        derived from carbon engineering, carbon fiber, and coal conversion
        methods.
        ``(b) Demonstration Programs for the Purpose of
    Commercialization.--
            ``(1) In general.--Not later than 180 days after the date of
        enactment of the Energy Act of 2020, as part of the program
        established under subsection (a), the Secretary shall establish a
        2-year demonstration program in each of the 2 major coal-producing
        regions of the United States for the purpose of partnering with
        private institutions in coal mining regions to accelerate the
        commercial deployment of coal-carbon products.
            ``(2) Cost sharing.--Activities under paragraph (1) shall be
        subject to the cost-sharing requirements of section 988.
        ``(c) Carbon Utilization Research Center.--
            ``(1) In general.--In carrying out the program under subsection
        (a), the Secretary shall establish and operate a national Carbon
        Utilization Research Center (referred to in this subsection as the
        `Center'), which shall focus on early stage research and
        development activities including--
                ``(A) post-combustion and pre-combustion capture of carbon
            dioxide;
                ``(B) advanced compression technologies for new and
            existing fossil fuel-fired power plants;
                ``(C) technologies to convert carbon dioxide to valuable
            products and commodities; and
                ``(D) advanced carbon dioxide storage technologies that
            consider a range of storage regimes.
            ``(2) Selection.--The Secretary shall--
                ``(A) select the Center under this subsection on a
            competitive, merit-reviewed basis; and
                ``(B) consider applications from the National Laboratories,
            institutions of higher education, multiinstitutional
            collaborations, and other appropriate entities.
            ``(3) Existing centers.--In selecting the Center under this
        subsection, the Secretary shall prioritize carbon utilization
        research centers in existence on the date of enactment of the
        Energy Act of 2020.
            ``(4) Duration.--The Center established under this subsection
        shall receive support for a period of not more than 5 years,
        subject to the availability of appropriations.
            ``(5) Renewal.--On the expiration of any period of support of
        the Center, the Secretary may renew support for the Center, on a
        merit-reviewed basis, for a period of not more than 5 years.
            ``(6) Termination.--Consistent with the existing authorities of
        the Department, the Secretary may terminate the Center for cause
        during the performance period.
        ``(d) Authorization of Appropriations.--There are authorized to be
    appropriated to the Secretary to carry out this section--
            ``(1) $54,000,000 for fiscal year 2021;
            ``(2) $55,250,000 for fiscal year 2022;
            ``(3) $56,562,500 for fiscal year 2023;
            ``(4) $57,940,625 for fiscal year 2024; and
            ``(5) $59,387,656 for fiscal year 2025.
        ``(e) Coordination.--The Secretary shall coordinate the activities
    authorized in this section with the activities authorized in section
    969 as part of one consolidated program at the Department. Nothing in
    section 969 shall be construed as limiting the authorities provided in
    this section.''.
            (2) Technical amendment.--The table of contents for the Energy
        Policy Act of 2005 (Public Law 109-58; 119 Stat. 600) is amended by
        adding at the end of the items relating to subtitle F of title IX
        the following:

    ``Sec. 969A. Carbon utilization program.''.

        (b) Study.--
            (1) In general.--The Secretary of Energy (in this section
        referred to as the ``Secretary'') shall enter into an agreement
        with the National Academies of Sciences, Engineering, and Medicine
        under which the National Academies of Sciences, Engineering, and
        Medicine shall conduct a study to assess any barriers and
        opportunities relating to commercializing carbon, coal-derived
        carbon, and carbon dioxide in the United States.
            (2) Requirements.--The study under paragraph (1) shall--
                (A) analyze challenges to commercializing carbon dioxide,
            including--
                    (i) expanding carbon dioxide pipeline capacity;
                    (ii) mitigating environmental impacts;
                    (iii) access to capital;
                    (iv) geographic barriers; and
                    (v) regional economic challenges and opportunities;
                (B) identify potential markets, industries, or sectors that
            may benefit from greater access to commercial carbon dioxide;
                (C) determine the feasibility of, and opportunities for,
            the commercialization of coal-derived carbon products,
            including for--
                    (i) commercial purposes;
                    (ii) industrial purposes;
                    (iii) defense and military purposes;
                    (iv) agricultural purposes, including soil amendments
                and fertilizers;
                    (v) medical and pharmaceutical applications;
                    (vi) construction and building applications;
                    (vii) energy applications; and
                    (viii) production of critical minerals;
                (D) assess--
                    (i) the state of infrastructure as of the date of the
                study; and
                    (ii) any necessary updates to infrastructure to allow
                for the integration of safe and reliable carbon dioxide
                transportation, use, and storage;
                (E) describe the economic, climate, and environmental
            impacts of any well-integrated national carbon dioxide pipeline
            system, including suggestions for policies that could--
                    (i) improve the economic impact of the system; and
                    (ii) mitigate impacts of the system;
                (F) assess the global status and progress of chemical and
            biological carbon utilization technologies in practice as of
            the date of the study that utilize anthropogenic carbon,
            including carbon dioxide, carbon monoxide, methane, and biogas,
            from power generation, biofuels production, and other
            industrial processes;
                (G) identify emerging technologies and approaches for
            carbon utilization that show promise for scale-up,
            demonstration, deployment, and commercialization;
                (H) analyze the factors associated with making carbon
            utilization technologies viable at a commercial scale,
            including carbon waste stream availability, economics, market
            capacity, energy, and lifecycle requirements;
                (I)(i) assess the major technical challenges associated
            with increasing the commercial viability of carbon reuse
            technologies; and
                (ii) identify the research and development questions that
            will address the challenges described in clause (i);
                (J)(i) assess research efforts being carried out as of the
            date of the study, including basic, applied, engineering, and
            computational research efforts, that are addressing the
            challenges described in subparagraph (I)(i); and
                (ii) identify gaps in the research efforts under clause
            (i);
                (K) develop a comprehensive research agenda that addresses
            long- and short-term research needs and opportunities for
            technologies that may be important to minimizing net greenhouse
            gas emissions from the use of coal and natural gas; and
                (L)(i) identify appropriate Federal agencies with
            capabilities to support small business entities; and
                (ii) determine what assistance the Federal agencies
            identified under clause (i) could provide to small business
            entities to further the development and commercial deployment
            of carbon dioxide-based products.
            (3) Deadline.--Not later than 180 days after the date of
        enactment of this Act, the National Academies of Sciences,
        Engineering, and Medicine shall submit to the Secretary a report
        describing the results of the study under paragraph (1).
    SEC. 4005. HIGH EFFICIENCY TURBINES.
        (a) In General.--Subtitle F of title IX of the Energy Policy Act of
    2005 (42 U.S.C. 16291 et seq.) is further amended by adding at the end
    the following:
    ``SEC. 969B. HIGH EFFICIENCY TURBINES.
        ``(a) In General.--The Secretary, acting through the Assistant
    Secretary for Fossil Energy (referred to in this section as the
    `Secretary'), shall establish a multiyear, multiphase program (referred
    to in this section as the `program') of research, development, and
    technology demonstration to improve the efficiency of gas turbines used
    in power generation systems and aviation.
        ``(b) Program Elements.--The program shall--
            ``(1) support first-of-a-kind engineering and detailed gas
        turbine design for small-scale and utility-scale electric power
        generation, including--
                ``(A) high temperature materials, including superalloys,
            coatings, and ceramics;
                ``(B) improved heat transfer capability;
                ``(C) manufacturing technology required to construct
            complex 3-dimensional geometry parts with improved aerodynamic
            capability;
                ``(D) combustion technology to produce higher firing
            temperature while lowering nitrogen oxide and carbon monoxide
            emissions per unit of output;
                ``(E) advanced controls and systems integration;
                ``(F) advanced high performance compressor technology; and
                ``(G) validation facilities for the testing of components
            and subsystems;
            ``(2) include technology demonstration through component
        testing, subscale testing, and full-scale testing in existing
        fleets;
            ``(3) include field demonstrations of the developed technology
        elements to demonstrate technical and economic feasibility;
            ``(4) assess overall combined cycle and simple cycle system
        performance;
            ``(5) increase fuel flexibility by enabling gas turbines to
        operate with high proportions of, or pure, hydrogen or other
        renewable gas fuels;
            ``(6) enhance foundational knowledge needed for low-emission
        combustion systems that can work in high-pressure, high-temperature
        environments required for high-efficiency cycles;
            ``(7) increase operational flexibility by reducing turbine
        start-up times and improving the ability to accommodate flexible
        power demand; and
            ``(8) include any other elements necessary to achieve the goals
        described in subsection (c), as determined by the Secretary, in
        consultation with private industry.
        ``(c) Program Goals.--
            ``(1) In general.--The goals of the program shall be--
                ``(A) in phase I, to develop a conceptual design of, and to
            develop and demonstrate the technology required for--
                    ``(i) advanced high efficiency gas turbines to achieve,
                on a lower heating value basis--

                        ``(I) a combined cycle efficiency of not less than
                    65 percent; or
                        ``(II) a simple cycle efficiency of not less than
                    47 percent; and

                    ``(ii) aviation gas turbines to achieve a 25 percent
                reduction in fuel burn by improving fuel efficiency to
                existing best-in-class turbo-fan engines; and
                ``(B) in phase II, to develop a conceptual design of
            advanced high efficiency gas turbines that can achieve, on a
            lower heating value basis--
                    ``(i) a combined cycle efficiency of not less than 67
                percent; or
                    ``(ii) a simple cycle efficiency of not less than 50
                percent.
            ``(2) Additional goals.--If a goal described in paragraph (1)
        has been achieved, the Secretary, in consultation with private
        industry and the National Academy of Sciences, may develop
        additional goals or phases for advanced gas turbine research and
        development.
        ``(d) Financial Assistance.--
            ``(1) In general.--The Secretary may provide financial
        assistance, including grants, to carry out the program.
            ``(2) Proposals.--Not later than 180 days after the date of
        enactment of the Energy Act of 2020, the Secretary shall solicit
        proposals from industry, small businesses, universities, and other
        appropriate parties for conducting activities under this section.
            ``(3) Considerations.--In selecting proposed projects to
        receive financial assistance under this subsection, the Secretary
        shall give special consideration to the extent to which the
        proposed project will--
                ``(A) stimulate the creation or increased retention of jobs
            in the United States; and
                ``(B) promote and enhance technology leadership in the
            United States.
            ``(4) Competitive awards.--The Secretary shall provide
        financial assistance under this subsection on a competitive basis,
        with an emphasis on technical merit.
            ``(5) Cost sharing.--Financial assistance provided under this
        subsection shall be subject to the cost sharing requirements of
        section 988.
        ``(e) Authorization of Appropriations.--There is authorized to be
    appropriated to carry out this section $50,000,000 for each of fiscal
    years 2021 through 2025.''.
        (b) Technical Amendment.--The table of contents for the Energy
    Policy Act of 2005 (Public Law 109-58; 119 Stat. 600) is further
    amended by adding at the end of the items relating to subtitle F of
    title IX the following:

    ``Sec. 969B. High efficiency gas turbines.''.
    SEC. 4006. NATIONAL ENERGY TECHNOLOGY LABORATORY REFORMS.
        (a) In General.--Subtitle F of title IX of the Energy Policy Act of
    2005 (42 U.S.C. 16291 et seq.) is further amended by adding at the end
    the following:
    ``SEC. 969C. NATIONAL ENERGY TECHNOLOGY LABORATORY REFORMS.
        ``(a) Special Hiring Authority for Scientific, Engineering, and
    Project Management Personnel.--
            ``(1) In general.--The Director of the National Energy
        Technology Laboratory (referred to in this section as the
        `Director') may--
                ``(A) make appointments to positions in the National Energy
            Technology Laboratory to assist in meeting a specific project
            or research need, without regard to civil service laws, of
            individuals who--
                    ``(i) have an advanced scientific or engineering
                background; or
                    ``(ii) have a business background and can assist in
                specific technology-to-market needs;
                ``(B) fix the basic pay of any employee appointed under
            subparagraph (A) at a rate not to exceed level II of the
            Executive Schedule under section 5313 of title 5, United States
            Code; and
                ``(C) pay any employee appointed under subparagraph (A)
            payments in addition to the basic pay fixed under subparagraph
            (B), subject to the condition that the total amount of
            additional payments paid to an employee under this subparagraph
            for any 12-month period shall not exceed the least of--
                    ``(i) $25,000;
                    ``(ii) the amount equal to 25 percent of the annual
                rate of basic pay of that employee; and
                    ``(iii) the amount of the limitation that is applicable
                for a calendar year under section 5307(a)(1) of title 5,
                United States Code.
            ``(2) Limitations.--
                ``(A) In general.--The term of any employee appointed under
            paragraph (1)(A) shall not exceed 3 years.
                ``(B) Full-time employees.--Not more than 10 full-time
            employees appointed under paragraph (1)(A) may be employed at
            the National Energy Technology Laboratory at any given time.
        ``(b) Laboratory-directed Research and Development.--
            ``(1) In general.--Beginning in fiscal year 2021, the National
        Energy Technology Laboratory shall be eligible for laboratory-
        directed research and development funding.
            ``(2) Authorization of funding.--
                ``(A) In general.--Each fiscal year, of funds made
            available to the National Energy Technology Laboratory, the
            Secretary may deposit an amount, not to exceed the rate made
            available to the National Laboratories for laboratory-directed
            research and development, in a special fund account.
                ``(B) Use.--Amounts in the account under subparagraph (A)
            shall only be available for laboratory-directed research and
            development.
                ``(C) Requirements.--The account under subparagraph (A)--
                    ``(i) shall be administered by the Secretary;
                    ``(ii) shall be available without fiscal year
                limitation; and
                    ``(iii) shall not be subject to appropriation.
            ``(3) Requirement.--The Director shall carry out laboratory-
        directed research and development activities at the National Energy
        Technology Laboratory consistent with Department of Energy Order
        413.2C, dated August 2, 2018 (or a successor order).
            ``(4) Annual report on use of authority.--Annually, the
        Secretary shall submit to the Committee on Energy and Natural
        Resources of the Senate and the Committee on Science, Space, and
        Technology of the House of Representatives a report on the use of
        the authority provided under this subsection during the preceding
        fiscal year.
        ``(c) Laboratory Operations.--The Secretary shall delegate human
    resources operations of the National Energy Technology Laboratory to
    the Director to assist in carrying out this section.
        ``(d) Review.--Not later than 2 years after the date of enactment
    of the Energy Act of 2020, the Secretary shall submit to the Committee
    on Energy and Natural Resources of the Senate and the Committee on
    Science, Space, and Technology of the House of Representatives a report
    assessing the management and research activities of the National Energy
    Technology Laboratory, which shall include--
            ``(1) an assessment of the quality of science and research at
        the National Energy Technology Laboratory, relative to similar work
        at other National Laboratories;
            ``(2) a review of the effectiveness of authorities provided in
        subsections (a) and (b); and
            ``(3) recommendations for policy changes within the Department
        and legislative changes to provide the National Energy Technology
        Laboratory with the necessary tools and resources to advance the
        research mission of the National Energy Technology Laboratory.''.
        (b) Technical Amendment.--The table of contents for the Energy
    Policy Act of 2005 (Public Law 109-58; 119 Stat. 600) is further
    amended by adding at the end of the items relating to subtitle F of
    title IX the following:

    ``Sec. 969C. National energy technology laboratory reforms.''.
    SEC. 4007. STUDY ON BLUE HYDROGEN TECHNOLOGY.
        (a) Study.--The Secretary of Energy shall conduct a study to
    examine opportunities for research and development in integrating blue
    hydrogen technology in the industrial power sector and how that could
    enhance the deployment and adoption of carbon capture and storage.
        (b) Report.--Not later than 1 year after the date of enactment of
    this Act, the Secretary of Energy shall submit to the Committee on
    Energy and Natural Resources of the Senate and the Committee on
    Science, Space, and Technology of the House of Representatives a report
    that describes the results of the study under subsection (a).
    SEC. 4008. PRODUCED WATER RESEARCH AND DEVELOPMENT.
        (a) Establishment.--As soon as possible after the date of enactment
    of this Act, the Secretary of Energy (in this section referred to as
    the ``Secretary'') shall establish a research and development program
    on produced water to develop--
            (1) new technologies and practices to reduce the environmental
        impact; and
            (2) opportunities for reprocessing of produced water at natural
        gas or oil development sites.
        (b) Prioritization.--In carrying out the program established under
    subsection (a), the Secretary shall give priority to projects that
    develop and bring to market--
            (1) effective systems for on-site management or repurposing of
        produced water; and
            (2) new technologies or approaches to reduce the environmental
        impact of produced water on local water sources and the
        environment.
        (c) Conduct of Program.--In carrying out the program established
    under subsection (a), the Secretary shall carry out science-based
    research and development activities to pursue--
            (1) improved efficiency, technologies, and techniques for
        produced water recycling stations; and
            (2) alternative approaches to treating, reusing, storing, or
        decontaminating produced water.
        (d) Authorization of Appropriations.--There are authorized to be
    appropriated to carry out this section $10,000,000 for each of fiscal
    years 2021 through 2025.

                            TITLE V--CARBON REMOVAL

    SEC. 5001. CARBON REMOVAL.
        (a) In General.--Subtitle F of title IX of the Energy Policy Act of
    2005 (42 U.S.C. 16291 et seq.) is further amended by adding at the end
    the following:
    ``SEC. 969D. CARBON REMOVAL.
        ``(a) Establishment.--The Secretary, in coordination with the heads
    of appropriate Federal agencies, including the Secretary of
    Agriculture, shall establish a research, development, and demonstration
    program (referred to in this section as the `program') to test,
    validate, or improve technologies and strategies to remove carbon
    dioxide from the atmosphere on a large scale.
        ``(b) Intraagency Coordination.--The Secretary shall ensure that
    the program includes the coordinated participation of the Office of
    Fossil Energy, the Office of Science, and the Office of Energy
    Efficiency and Renewable Energy.
        ``(c) Program Activities.--The program may include research,
    development, and demonstration activities relating to--
            ``(1) direct air capture and storage technologies;
            ``(2) bioenergy with carbon capture and sequestration;
            ``(3) enhanced geological weathering;
            ``(4) agricultural practices;
            ``(5) forest management and afforestation; and
            ``(6) planned or managed carbon sinks, including natural and
        artificial.
        ``(d) Requirements.--In developing and identifying carbon removal
    technologies and strategies under the program, the Secretary shall
    consider--
            ``(1) land use changes, including impacts on natural and
        managed ecosystems;
            ``(2) ocean acidification;
            ``(3) net greenhouse gas emissions;
            ``(4) commercial viability;
            ``(5) potential for near-term impact;
            ``(6) potential for carbon reductions on a gigaton scale; and
            ``(7) economic cobenefits.
        ``(e) Air Capture Prize Competitions.--
            ``(1) Definitions.--In this subsection:
                ``(A) Dilute media.--The term `dilute media' means media in
            which the concentration of carbon dioxide is less than 1
            percent by volume.
                ``(B) Prize competition.--The term `prize competition'
            means the competitive technology prize competition established
            under paragraph (2).
                ``(C) Qualified carbon dioxide.--
                    ``(i) In general.--The term `qualified carbon dioxide'
                means any carbon dioxide that--

                        ``(I) is captured directly from the ambient air;
                    and
                        ``(II) is measured at the source of capture and
                    verified at the point of disposal, injection, or
                    utilization.

                    ``(ii) Inclusion.--The term `qualified carbon dioxide'
                includes the initial deposit of captured carbon dioxide
                used as a tertiary injectant.
                    ``(iii) Exclusion.--The term `qualified carbon dioxide'
                does not include carbon dioxide that is recaptured,
                recycled, and reinjected as part of the enhanced oil and
                natural gas recovery process.
                ``(D) Qualified direct air capture facility.--
                    ``(i) In general.--The term `qualified direct air
                capture facility' means any facility that--

                        ``(I) uses carbon capture equipment to capture
                    carbon dioxide directly from the ambient air; and
                        ``(II) captures more than 50,000 metric tons of
                    qualified carbon dioxide annually.

                    ``(ii) Exclusion.--The term `qualified direct air
                capture facility' does not include any facility that
                captures carbon dioxide--

                        ``(I) that is deliberately released from naturally
                    occurring subsurface springs; or
                        ``(II) using natural photosynthesis.

            ``(2) Establishment.--Not later than 2 years after the date of
        enactment of the Energy Act of 2020, the Secretary, in consultation
        with the Administrator of the Environmental Protection Agency,
        shall establish as part of the program a competitive technology
        prize competition to award prizes for--
                ``(A) precommercial carbon dioxide capture from dilute
            media; and
                ``(B) commercial applications of direct air capture
            technologies.
            ``(3) Requirements.--In carrying out this subsection, the
        Secretary, in accordance with section 24 of the Stevenson-Wydler
        Technology Innovation Act of 1980 (15 U.S.C. 3719), shall develop
        requirements for--
                ``(A) the prize competition process; and
                ``(B) monitoring and verification procedures for projects
            selected to receive a prize under the prize competition.
            ``(4) Eligible projects.--
                ``(A) Precommercial air capture projects.--With respect to
            projects described in paragraph (2)(A), to be eligible to be
            awarded a prize under the prize competition, a project shall--
                    ``(i) meet minimum performance standards set by the
                Secretary;
                    ``(ii) meet minimum levels set by the Secretary for the
                capture of carbon dioxide from dilute media; and
                    ``(iii) demonstrate in the application of the project
                for a prize--

                        ``(I) a design for a promising carbon capture
                    technology that will--

                            ``(aa) be operated on a demonstration scale;
                        and
                            ``(bb) have the potential to achieve
                        significant reduction in the level of carbon
                        dioxide in the atmosphere;

                        ``(II) a successful bench-scale demonstration of a
                    carbon capture technology; or
                        ``(III) an operational carbon capture technology on
                    a commercial scale.

                ``(B) Commercial direct air capture projects.--
                    ``(i) In general.--With respect to projects described
                in paragraph (2)(B), the Secretary shall award prizes under
                the prize competition to qualified direct air capture
                facilities for metric tons of qualified carbon dioxide
                captured and verified at the point of disposal, injection,
                or utilization.
                    ``(ii) Amount of award.--The amount of the award per
                metric ton under clause (i)--

                        ``(I) shall be equal for each qualified direct air
                    capture facility selected for a prize under the prize
                    competition; and
                        ``(II) shall be determined by the Secretary and in
                    any case shall not exceed--

                            ``(aa) $180 for qualified carbon dioxide
                        captured and stored in saline storage formations;
                            ``(bb) a lesser amount, as determined by the
                        Secretary, for qualified carbon dioxide captured
                        and stored in conjunction with enhanced oil
                        recovery operations; or
                            ``(cc) a lesser amount, as determined by the
                        Secretary, for qualified carbon dioxide captured
                        and utilized in any activity consistent with
                        section 45Q(f)(5) of the Internal Revenue Code of
                        1986.
                    ``(iii) Requirement.--The Secretary shall make awards
                under this subparagraph until appropriated funds are
                expended.
        ``(f) Direct Air Capture Test Center.--
            ``(1) In general.--Not later than 2 years after the date of
        enactment of the Energy Act of 2020, the Secretary shall award
        grants to 1 or more entities for the operation of 1 or more test
        centers (referred to in this subsection as a `Center') to provide
        distinct testing capabilities for innovative direct air capture and
        storage technologies.
            ``(2) Purpose.--Each Center shall--
                ``(A) advance research, development, demonstration, and
            commercial application of direct air capture and storage
            technologies;
                ``(B) support large-scale pilot and demonstration projects
            and test direct air capture and storage technologies; and
                ``(C) develop front-end engineering design and economic
            analysis.
            ``(3) Selection.--
                ``(A) In general.--The Secretary shall select entities to
            receive grants under this subsection according to such criteria
            as the Secretary may develop.
                ``(B) Competitive basis.--The Secretary shall select
            entities to receive grants under this subsection on a
            competitive basis.
                ``(C) Priority criteria.--In selecting entities to receive
            grants under this subsection, the Secretary shall prioritize
            consideration of applicants that--
                    ``(i) have access to existing or planned research
                facilities for direct air capture and storage technologies;
                    ``(ii) are institutions of higher education with
                established expertise in engineering for direct air capture
                and storage technologies, or partnerships with such
                institutions of higher education; or
                    ``(iii) have access to existing research and test
                facilities for bulk materials design and testing, component
                design and testing, or professional engineering design.
            ``(4) Formula for awarding grants.--The Secretary may develop a
        formula for awarding grants under this subsection.
            ``(5) Schedule.--
                ``(A) In general.--Each grant awarded under this subsection
            shall be for a term of not more than 5 years, subject to the
            availability of appropriations.
                ``(B) Renewal.--The Secretary may renew a grant for 1 or
            more additional 5-year terms, subject to a competitive merit
            review and the availability of appropriations.
            ``(6) Termination.--To the extent otherwise authorized by law,
        the Secretary may eliminate, and terminate grant funding under this
        subsection for, a Center during any 5-year term described in
        paragraph (5) if the Secretary determines that the Center is
        underperforming.
        ``(g) Pilot and Demonstration Projects.--In supporting the
    technology development activities under this section, the Secretary is
    encouraged to support carbon removal pilot and demonstration projects,
    including--
            ``(1) pilot projects that test direct air capture systems
        capable of capturing 10 to 100 tonnes of carbon oxides per year to
        provide data for demonstration-scale projects; and
            ``(2) direct air capture demonstration projects capable of
        capturing greater than 1,000 tonnes of carbon oxides per year.
        ``(h) Intraagency Collaboration.--In carrying out the program, the
    Secretary shall encourage and promote collaborations among relevant
    offices and agencies within the Department.
        ``(i) Accounting.--The Secretary shall collaborate with the
    Administrator of the Environmental Protection Agency and the heads of
    other relevant Federal agencies to develop and improve accounting
    frameworks and tools to accurately measure carbon removal and
    sequestration methods and technologies.
        ``(j) Authorization of Appropriations.--There are authorized to be
    appropriated to the Secretary to carry out this section--
            ``(1) $175,000,000 for fiscal year 2021, of which--
                ``(A) $15,000,000 shall be used to carry out subsection
            (e)(2)(A), to remain available until expended; and
                ``(B) $100,000,000 shall be used to carry out subsection
            (e)(2)(B), to remain available until expended;
            ``(2) $63,500,000 for fiscal year 2022;
            ``(3) $66,150,000 for fiscal year 2023;
            ``(4) $69,458,000 for fiscal year 2024; and
            ``(5) $72,930,000 for fiscal year 2025.''.
        (b) Technical Amendment.--The table of contents for the Energy
    Policy Act of 2005 (Public Law 109-58; 119 Stat. 600) is further
    amended by adding at the end of the items relating to subtitle F of
    title IX the following:

    ``Sec. 969D. Carbon removal.''.
    SEC. 5002. CARBON DIOXIDE REMOVAL TASK FORCE AND REPORT.
        (a) Definition of Carbon Dioxide Removal.--In this section, the
    term ``carbon dioxide removal'' means the capture of carbon dioxide
    directly from ambient air or, in dissolved form, from seawater,
    combined with the sequestration of that carbon dioxide, including
    through--
            (1) direct air capture and sequestration;
            (2) enhanced carbon mineralization;
            (3) bioenergy with carbon capture and sequestration;
            (4) forest restoration;
            (5) soil carbon management; and
            (6) direct ocean capture.
        (b) Report.--Not later than 180 days after the date of enactment of
    this Act, the Secretary of Energy (in this section referred to as the
    ``Secretary''), in consultation with the heads of any other relevant
    Federal agencies, shall prepare a report that--
            (1) estimates the magnitude of excess carbon dioxide in the
        atmosphere that will need to be removed by 2050 to achieve net-zero
        emissions and stabilize the climate;
            (2) inventories current and emerging approaches of carbon
        dioxide removal and evaluates the advantages and disadvantages of
        each of the approaches; and
            (3) identifies recommendations for legislation, funding, rules,
        revisions to rules, financing mechanisms, or other policy tools
        that the Federal Government can use to sufficiently advance the
        deployment of carbon dioxide removal projects in order to meet, in
        the aggregate, the magnitude of needed removals estimated under
        paragraph (1), including policy tools, such as--
                (A) grants;
                (B) loans or loan guarantees;
                (C) public-private partnerships;
                (D) direct procurement;
                (E) incentives, including subsidized Federal financing
            mechanisms available to project developers;
                (F) advance market commitments;
                (G) regulations; and
                (H) any other policy mechanism determined by the Secretary
            to be beneficial for advancing carbon dioxide removal methods
            and the deployment of carbon dioxide removal projects.
        (c) Submission; Publication.--The Secretary shall--
            (1) submit the report prepared under subsection (b) to the
        Committee on Energy and Natural Resources of the Senate and the
        Committees on Energy and Commerce and Science, Space, and
        Technology of the House of Representatives; and
            (2) as soon as practicable after completion of the report, make
        the report publicly available.
        (d) Evaluation; Revision.--
            (1) In general.--Not later than 2 years after the date on which
        the Secretary publishes the report under subsection (c)(2), and
        every 2 years thereafter, the Secretary shall evaluate the findings
        and recommendations of the report, or the most recent updated
        report submitted under paragraph (2)(B), as applicable, taking into
        consideration any issues and recommendations identified by the task
        force established under subsection (e)(1).
            (2) Revision.--After completing each evaluation under paragraph
        (1), the Secretary shall--
                (A) revise the report as necessary; and
                (B) if the Secretary revises the report under subparagraph
            (A), submit and publish the updated report in accordance with
            subsection (c).
        (e) Task Force.--
            (1) Establishment and duties.--Not later than 60 days after the
        date of enactment of this Act, the Secretary shall establish a task
        force--
                (A) to identify barriers to advancement of carbon dioxide
            removal methods and the deployment of carbon dioxide removal
            projects;
                (B) to inventory existing or potential Federal legislation,
            rules, revisions to rules, financing mechanisms, or other
            policy tools that are capable of advancing carbon dioxide
            removal methods and the deployment of carbon dioxide removal
            projects;
                (C) to assist in preparing the report described in
            subsection (b) and any updates to the report under subsection
            (d); and
                (D) to advise the Secretary on matters pertaining to carbon
            dioxide removal.
            (2) Members and selection.--The Secretary shall--
                (A) develop criteria for the selection of members to the
            task force established under paragraph (1); and
                (B) select members for the task force in accordance with
            the criteria developed under subparagraph (A).
            (3) Meetings.--The task force shall meet not less frequently
        than once each year.
            (4) Evaluation.--Not later than 7 years after the date of
        enactment of this Act, the Secretary shall--
                (A) reevaluate the need for the task force established
            under paragraph (1); and
                (B) submit to Congress a recommendation as to whether the
            task force should continue.

              TITLE VI--INDUSTRIAL AND MANUFACTURING TECHNOLOGIES

    SEC. 6001. PURPOSE.
        The purpose of this title and the amendments made by this title is
    to encourage the development and evaluation of innovative technologies
    aimed at increasing--
            (1) the technological and economic competitiveness of industry
        and manufacturing in the United States; and
            (2) the emissions reduction of nonpower industrial sectors.
    SEC. 6002. COORDINATION OF RESEARCH AND DEVELOPMENT OF ENERGY EFFICIENT
    TECHNOLOGIES FOR INDUSTRY.
        Section 6(a) of the American Energy Manufacturing Technical
    Corrections Act (42 U.S.C. 6351(a)) is amended--
            (1) by striking ``Industrial Technologies Program'' each place
        it appears and inserting ``Advanced Manufacturing Office''; and
            (2) in the matter preceding paragraph (1), by striking ``Office
        of Energy'' and all that follows through ``Office of Science'' and
        inserting ``Department of Energy''.
    SEC. 6003. INDUSTRIAL EMISSIONS REDUCTION TECHNOLOGY DEVELOPMENT
    PROGRAM.
        (a) In General.--Subtitle D of title IV of the Energy Independence
    and Security Act of 2007 is amended by adding at the end the following:
        ``SEC. 454. INDUSTRIAL EMISSIONS REDUCTION TECHNOLOGY DEVELOPMENT
          PROGRAM.
        ``(a) Definitions.--In this section:
            ``(1) Director.--The term `Director' means the Director of the
        Office of Science and Technology Policy.
            ``(2) Eligible entity.--The term `eligible entity' means--
                ``(A) a scientist or other individual with knowledge and
            expertise in emissions reduction;
                ``(B) an institution of higher education;
                ``(C) a nongovernmental organization;
                ``(D) a National Laboratory;
                ``(E) a private entity; and
                ``(F) a partnership or consortium of 2 or more entities
            described in subparagraphs (B) through (E).
            ``(3) Emissions reduction.--
                ``(A) In general.--The term `emissions reduction' means the
            reduction, to the maximum extent practicable, of net nonwater
            greenhouse gas emissions to the atmosphere by energy services
            and industrial processes.
                ``(B) Exclusion.--The term `emissions reduction' does not
            include the elimination of carbon embodied in the principal
            products of industrial manufacturing.
            ``(4) Program.--The term `program' means the program
        established under subsection (b)(1).
            ``(5) Critical material or mineral.--The term `critical
        material or mineral' means a material or mineral that serves an
        essential function in the manufacturing of a product and has a high
        risk of a supply disruption, such that a shortage of such a
        material or mineral would have significant consequences for United
        States economic or national security.
        ``(b) Industrial Emissions Reduction Technology Development
    Program.--
            ``(1) In general.--Not later than 1 year after the date of
        enactment of the Energy Act of 2020, the Secretary, in consultation
        with the Director, the heads of relevant Federal agencies, National
        Laboratories, industry, and institutions of higher education, shall
        establish a crosscutting industrial emissions reduction technology
        development program of research, development, demonstration, and
        commercial application to advance innovative technologies that--
                ``(A) increase the technological and economic
            competitiveness of industry and manufacturing in the United
            States;
                ``(B) increase the viability and competitiveness of United
            States industrial technology exports; and
                ``(C) achieve emissions reduction in nonpower industrial
            sectors.
            ``(2) Coordination.--In carrying out the program, the Secretary
        shall--
                ``(A) coordinate with each relevant office in the
            Department and any other Federal agency;
                ``(B) coordinate and collaborate with the Industrial
            Technology Innovation Advisory Committee established under
            section 456; and
                ``(C) coordinate and seek to avoid duplication with the
            energy-intensive industries program established under section
            452.
            ``(3) Leverage of existing resources.--In carrying out the
        program, the Secretary shall leverage, to the maximum extent
        practicable--
                ``(A) existing resources and programs of the Department and
            other relevant Federal agencies; and
                ``(B) public-private partnerships.
        ``(c) Focus Areas.--The program shall focus on--
            ``(1) industrial production processes, including technologies
        and processes that--
                ``(A) achieve emissions reduction in high emissions
            industrial materials production processes, including production
            processes for iron, steel, steel mill products, aluminum,
            cement, concrete, glass, pulp, paper, and industrial ceramics;
                ``(B) achieve emissions reduction in medium- and high-
            temperature heat generation, including--
                    ``(i) through electrification of heating processes;
                    ``(ii) through renewable heat generation technology;
                    ``(iii) through combined heat and power; and
                    ``(iv) by switching to alternative fuels, including
                hydrogen and nuclear energy;
                ``(C) achieve emissions reduction in chemical production
            processes, including by incorporating, if appropriate and
            practicable, principles, practices, and methodologies of
            sustainable chemistry and engineering;
                ``(D) leverage smart manufacturing technologies and
            principles, digital manufacturing technologies, and advanced
            data analytics to develop advanced technologies and practices
            in information, automation, monitoring, computation, sensing,
            modeling, and networking to--
                    ``(i) model and simulate manufacturing production
                lines;
                    ``(ii) monitor and communicate production line status;
                    ``(iii) manage and optimize energy productivity and
                cost throughout production; and
                    ``(iv) model, simulate, and optimize the energy
                efficiency of manufacturing processes;
                ``(E) leverage the principles of sustainable manufacturing
            to minimize the potential negative environmental impacts of
            manufacturing while conserving energy and resources,
            including--
                    ``(i) by designing products that enable reuse,
                refurbishment, remanufacturing, and recycling;
                    ``(ii) by minimizing waste from industrial processes,
                including through the reuse of waste as other resources in
                other industrial processes for mutual benefit; and
                    ``(iii) by increasing resource efficiency; and
                ``(F) increase the energy efficiency of industrial
            processes;
            ``(2) alternative materials that produce fewer emissions during
        production and result in fewer emissions during use, including--
                ``(A) high-performance lightweight materials; and
                ``(B) substitutions for critical materials and minerals;
            ``(3) development of net-zero emissions liquid and gaseous
        fuels;
            ``(4) emissions reduction in shipping, aviation, and long
        distance transportation;
            ``(5) carbon capture technologies for industrial processes;
            ``(6) other technologies that achieve net-zero emissions in
        nonpower industrial sectors, as determined by the Secretary, in
        consultation with the Director; and
            ``(7) high-performance computing to develop advanced materials
        and manufacturing processes contributing to the focus areas
        described in paragraphs (1) through (6), including--
                ``(A) modeling, simulation, and optimization of the design
            of energy efficient and sustainable products; and
                ``(B) the use of digital prototyping and additive
            manufacturing to enhance product design.
            ``(8) incorporation of sustainable chemistry and engineering
        principles, practices, and methodologies, as the Secretary
        determines appropriate; and
            ``(9) other research or technology areas identified in the
        Strategic Plan authorized in section 455.
        ``(d) Grants, Contracts, Cooperative Agreements, and Demonstration
    Projects.--
            ``(1) Grants.--In carrying out the program, the Secretary shall
        award grants on a competitive basis to eligible entities for
        projects that the Secretary determines would best achieve the goals
        of the program.
            ``(2) Contracts and cooperative agreements.--In carrying out
        the program, the Secretary may enter into contracts and cooperative
        agreements with eligible entities and Federal agencies for projects
        that the Secretary determines would further the purposes of the
        program.
            ``(3) Demonstration projects.--In supporting technologies
        developed under this section, the Secretary shall fund
        demonstration projects that test and validate technologies
        described in subsection (c).
            ``(4) Application.--An entity seeking funding or a contract or
        agreement under this subsection shall submit to the Secretary an
        application at such time, in such manner, and containing such
        information as the Secretary may require.
            ``(5) Cost sharing.--In awarding funds under this section, the
        Secretary shall require cost sharing in accordance with section 988
        of the Energy Policy Act of 2005 (42 U.S.C. 16352).
        ``(e) Authorization of Appropriations.--There are authorized to be
    appropriated to the Secretary to carry out the demonstration projects
    authorized in subsection (d)(3)--
            ``(1) $20,000,000 for fiscal year 2021;
            ``(2) $80,000,000 for fiscal year 2022;
            ``(3) $100,000,000 for fiscal year 2023;
            ``(4) $150,000,000 for fiscal year 2024; and
            ``(5) $150,000,000 for fiscal year 2025.
        ``(f) Coordination.--The Secretary shall carry out the activities
    authorized in this section in accordance with section 203 of the
    Department of Energy Research and Innovation Act (42 U.S.C. 18631).''.
        (b) Technical Amendment.--The table of contents of the Energy
    Independence and Security Act of 2007 (Public Law 110-140; 121 Stat.
    1494) is amended by inserting after the item relating to section 453
    the following:

    ``Sec. 454. Industrial emissions reduction technology development
              program.''.
    SEC. 6004. INDUSTRIAL TECHNOLOGY INNOVATION ADVISORY COMMITTEE.
        (a) In General.--Subtitle D of title IV of the Energy Independence
    and Security Act of 2007, as amended by section 6003, is amended by
    adding at the end the following:
        ``SEC. 455. INDUSTRIAL TECHNOLOGY INNOVATION ADVISORY COMMITTEE.
        ``(a) Definitions.--In this section:
            ``(1) Committee.--The term `Committee' means the Industrial
        Technology Innovation Advisory Committee established under
        subsection (b).
            ``(2) Director.--The term `Director' means the Director of the
        Office of Science and Technology Policy.
            ``(3) Emissions reduction.--The term `emissions reduction' has
        the meaning given the term in section 454(a).
            ``(4) Program.--The term `program' means the industrial
        emissions reduction technology development program established
        under section 454(b)(1).
        ``(b) Establishment.--Not later than 180 days after the date of
    enactment of the Energy Act of 2020, the Secretary, in consultation
    with the Director, shall establish an advisory committee, to be known
    as the `Industrial Technology Innovation Advisory Committee'.
        ``(c) Membership.--
            ``(1) Appointment.--The Committee shall be comprised of not
        fewer than 16 members and not more than 20 members, who shall be
        appointed by the Secretary, in consultation with the Director.
            ``(2) Representation.--Members appointed pursuant to paragraph
        (1) shall include--
                ``(A) not less than 1 representative of each relevant
            Federal agency, as determined by the Secretary;
                ``(B) the Chair of the Secretary of Energy Advisory Board,
            if that position is filled;
                ``(C) not less than 2 representatives of labor groups;
                ``(D) not less than 3 representatives of the research
            community, which shall include academia and National
            Laboratories;
                ``(E) not less than 2 representatives of nongovernmental
            organizations;
                ``(F) not less than 6 representatives of small- and large-
            scale industry, the collective expertise of which shall cover
            every focus area described in section 454(c); and
                ``(F) not less than 1 representative of a State government;
            and
                ``(G) any other individuals the Secretary, in coordination
            with the Director, determines to be necessary to ensure that
            the Committee is comprised of a diverse group of
            representatives of industry, academia, independent researchers,
            and public and private entities.
            ``(3) Chair.--The Secretary shall designate a member of the
        Committee to serve as Chair.
        ``(d) Duties.--
            ``(1) In general.--The Committee shall--
                ``(A) in consultation with the Secretary and the Director,
            propose missions and goals for the program, which shall be
            consistent with the purposes of the program described in
            section 454(b)(1); and
                ``(B) advise the Secretary with respect to the program--
                    ``(i) by identifying and evaluating any technologies
                being developed by the private sector relating to the focus
                areas described in section 454(c);
                    ``(ii) by identifying technology gaps in the private
                sector or other Federal agencies in those focus areas, and
                making recommendations to address those gaps;
                    ``(iii) by surveying and analyzing factors that prevent
                the adoption of emissions reduction technologies by the
                private sector; and
                    ``(iv) by recommending technology screening criteria
                for technology developed under the program to encourage
                adoption of the technology by the private sector; and
                ``(C) develop the strategic plan described in paragraph
            (2).
            ``(2) Strategic plan.--
                ``(A) Purpose.--The purpose of the strategic plan developed
            under paragraph (1)(C) is to set forth a plan for achieving the
            goals of the program established in section 454(b)(1),
            including for the focus areas described in section 454(c).
                ``(B) Contents.--The strategic plan developed under
            paragraph (1)(C) shall--
                    ``(i) specify near-term and long-term qualitative and
                quantitative objectives relating to each focus area
                described in section 454(c), including research,
                development, demonstration, and commercial application
                objectives;
                    ``(ii) leverage existing roadmaps relevant to the
                program in section 454(b)(1) and the focus areas in section
                454(c);
                    ``(iii) specify the anticipated timeframe for achieving
                the objectives specified under clause (i);
                    ``(iv) include plans for developing emissions reduction
                technologies that are globally cost-competitive, including,
                as applicable, in developing economies;
                    ``(v) identify the appropriate role for investment by
                the Federal Government, in coordination with the private
                sector, to achieve the objectives specified under clause
                (i);
                    ``(vi) identify the public and private costs of
                achieving the objectives specified under clause (i); and
                    ``(vii) estimate the economic and employment impact in
                the United States of achieving those objectives.
        ``(e) Meetings.--
            ``(1) Frequency.--The Committee shall meet not less frequently
        than 2 times per year, at the call of the Chair.
            ``(2) Initial meeting.--Not later than 30 days after the date
        on which the members are appointed under subsection (b), the
        Committee shall hold its first meeting.
        ``(f) Committee Report.--
            ``(1) In general.--Not later than 2 years after the date of
        enactment of the Energy Act of 2020, and not less frequently than
        once every 3 years thereafter, the Committee shall submit to the
        Secretary a report on the progress of achieving the purposes of the
        program.
            ``(2) Contents.--The report under paragraph (1) shall include--
                ``(A) a description of any technology innovation
            opportunities identified by the Committee;
                ``(B) a description of any technology gaps identified by
            the Committee under subsection (d)(1)(B)(ii);
                ``(C) recommendations for improving technology screening
            criteria and management of the program;
                ``(D) an evaluation of the progress of the program and the
            research, development, and demonstration activities funded
            under the program;
                ``(E) any recommended changes to the focus areas of the
            program described in section 454(c);
                ``(F) a description of the manner in which the Committee
            has carried out the duties described in subsection (d)(1) and
            any relevant findings as a result of carrying out those duties;
                ``(G) if necessary, an update to the strategic plan
            developed by the Committee under subsection (d)(1)(C);
                ``(H) the progress made in achieving the goals set out in
            that strategic plan;
                ``(I) a review of the management, coordination, and
            industry utility of the program;
                ``(J) an assessment of the extent to which progress has
            been made under the program in developing commercial, cost-
            competitive technologies in each focus area described in
            section 454(c); and
                ``(K) an assessment of the effectiveness of the program in
            coordinating efforts within the Department and with other
            Federal agencies to achieve the purposes of the program.
        ``(g) Report to Congress.--Not later than 60 days after receiving a
    report from the Committee under subsection (f), the Secretary shall
    submit a copy of that report to the Committees on Appropriations and
    Science, Space, and Technology of the House of Representatives, the
    Committees on Appropriations and Energy and Natural Resources of the
    Senate, and any other relevant Committee of Congress.
        ``(h) Applicability of Federal Advisory Committee Act.--Except as
    otherwise provided in this section, the Federal Advisory Committee Act
    (5 U.S.C. App.) shall apply to the Committee.''.
        (b) Technical Amendment.--The table of contents of the Energy
    Independence and Security Act of 2007 (Public Law 110-140; 121 Stat.
    1494) (as amended by section 6003(b)) is amended by inserting after the
    item relating to section 454 the following:

    ``Sec. 455. Industrial Technology Innovation Advisory Committee.''.
    SEC. 6005. TECHNICAL ASSISTANCE PROGRAM TO IMPLEMENT INDUSTRIAL
    EMISSIONS REDUCTION.
        (a) In General.--Subtitle D of title IV of the Energy Independence
    and Security Act of 2007, as amended by section 6004, is amended by
    adding at the end the following:
        ``SEC. 456. TECHNICAL ASSISTANCE PROGRAM TO IMPLEMENT INDUSTRIAL
          EMISSIONS REDUCTION.
        ``(a) Definitions.--In this section:
            ``(1) Eligible entity.--The term `eligible entity' means--
                ``(A) a State;
                ``(B) a unit of local government;
                ``(C) a territory or possession of the United States;
                ``(D) a relevant State or local office, including an energy
            office;
                ``(E) a tribal organization (as defined in section 3765 of
            title 38, United States Code);
                ``(F) an institution of higher education; and
                ``(G) a private entity; and
                ``(H) a trade association or technical society.
            ``(2) Emissions reduction.--The term `emissions reduction' has
        the meaning given the term in section 454(a).
            ``(3) Program.--The term `program' means the program
        established under subsection (b).
        ``(b) Establishment.--Not later than 1 year after the date of
    enactment of the Energy Act of 2020, the Secretary shall establish a
    program to provide technical assistance to eligible entities to promote
    the commercial application of emission reduction technologies developed
    through the program established in section 454(b).
        ``(c) Applications.--
            ``(1) In general.--An eligible entity desiring technical
        assistance under the program shall submit to the Secretary an
        application at such time, in such manner, and containing such
        information as the Secretary may require.
            ``(2) Application process.--The Secretary shall seek
        applications for technical assistance under the program on a
        periodic basis, but not less frequently than once every 12 months.
            ``(3) Factors for consideration.--In selecting eligible
        entities for technical assistance under the program, the Secretary
        shall, to the maximum extent practicable--
                ``(A) give priority to--
                    ``(i) activities carried out with technical assistance
                under the program that have the greatest potential for
                achieving emissions reduction in nonpower industrial
                sectors;
                    ``(ii) activities carried out in a State in which there
                are active or inactive industrial facilities that may be
                used or retrofitted to carry out activities under the focus
                areas described in section 454(c); and
                    ``(iii) activities carried out in an economically
                distressed area (as described in section 301(a) of the
                Public Works and Economic Development Act of 1965 (42
                U.S.C. 3161(a))); and
                ``(B) ensure that--
                    ``(i) there is geographic diversity among the eligible
                entities selected; and
                    ``(ii) the activities carried out with technical
                assistance under the program reflect a majority of the
                focus areas described in section 454(c).''.
        (b) Technical Amendment.--The table of contents of the Energy
    Independence and Security Act of 2007 (Public Law 110-140; 121 Stat.
    1494) (as amended by section 6004(b)) is amended by inserting after the
    item relating to section 455 the following:

    ``Sec. 456. Technical assistance program to implement industrial
              emissions reduction.''.
    SEC. 6006. DEVELOPMENT OF NATIONAL SMART MANUFACTURING PLAN.
        (a) In General.--Not later than 3 years after the date of enactment
    of this Act, the Secretary of Energy (in this section referred to as
    the ``Secretary''), in consultation with the National Academies, shall
    develop and complete a national plan for smart manufacturing technology
    development and deployment to improve the productivity and energy
    efficiency of the manufacturing sector of the United States.
        (b) Content.--
            (1) In general.--The plan developed under subsection (a) shall
        identify areas in which agency actions by the Secretary and other
        heads of relevant Federal agencies would--
                (A) facilitate quicker development, deployment, and
            adoption of smart manufacturing technologies and processes;
                (B) result in greater energy efficiency and lower
            environmental impacts for all American manufacturers; and
                (C) enhance competitiveness and strengthen the
            manufacturing sectors of the United States.
            (2) Inclusions.--Agency actions identified under paragraph (1)
        shall include--
                (A) an assessment of previous and current actions of the
            Department relating to smart manufacturing;
                (B) the establishment of voluntary interconnection
            protocols and performance standards;
                (C) the use of smart manufacturing to improve energy
            efficiency and reduce emissions in supply chains across
            multiple companies;
                (D) actions to increase cybersecurity in smart
            manufacturing infrastructure;
                (E) deployment of existing research results;
                (F) the leveraging of existing high-performance computing
            infrastructure; and
                (G) consideration of the impact of smart manufacturing on
            existing manufacturing jobs and future manufacturing jobs.
        (c) Biennial Revisions.--Not later than 2 years after the date on
    which the Secretary completes the plan under subsection (a), and not
    less frequently than once every 2 years thereafter, the Secretary shall
    revise the plan to account for advancements in information and
    communication technology and manufacturing needs.
        (d) Report.--Annually until the completion of the plan under
    subsection (a), the Secretary shall submit to Congress a report on the
    progress made in developing the plan.
        (e) Definition.--In this section, the term ``smart manufacturing''
    means advanced technologies in information, automation, monitoring,
    computation, sensing, modeling, artificial intelligence, analytics, and
    networking that--
            (1) digitally--
                (A) simulate manufacturing production lines;
                (B) operate computer-controlled manufacturing equipment;
                (C) monitor and communicate production line status; and
                (D) manage and optimize energy productivity and cost
            throughout production;
            (2) model, simulate, and optimize the energy efficiency of a
        factory building;
            (3) monitor and optimize building energy performance;
            (4) model, simulate, and optimize the design of energy
        efficient and sustainable products, including the use of digital
        prototyping and additive manufacturing to enhance product design;
            (5) connect manufactured products in networks to monitor and
        optimize the performance of the networks, including automated
        network operations; and
            (6) digitally connect the supply chain network.

                          TITLE VII--CRITICAL MINERALS

    SEC. 7001. RARE EARTH ELEMENTS.
        (a) Research Program.--
            (1) In general.--The Secretary of Energy, acting through the
        Assistant Secretary for Fossil Energy (referred to in this section
        as the ``Secretary''), shall conduct a program of research and
        development--
                (A) to develop and assess advanced separation technologies
            for the extraction and recovery of rare earth elements and
            other critical materials from coal and coal byproducts; and
                (B) to determine if there are, and mitigate, any potential
            environmental or public health impacts that could arise from
            the recovery of rare earth elements from coal-based resources.
            (2) Authorization of appropriations.--There is authorized to be
        appropriated to the Secretary to carry out the program described in
        paragraph (1)--
                (A) $23,000,000 for each of fiscal years 2021 and 2022;
                (B) $24,200,000 for fiscal year 2023;
                (C) $25,400,000 for fiscal year 2024;
                (D) $26,600,000 for fiscal year 2025; and
                (E) $27,800,000 for fiscal year 2026.
        (b) Report.--Not later than 1 year after the date of enactment of
    this Act, the Secretary shall submit to the Committee on Energy and
    Natural Resources of the Senate and the Committees on Science, Space,
    and Technology and Energy and Commerce of the House of Representatives
    a report evaluating the development of advanced separation technologies
    for the extraction and recovery of rare earth elements and other
    critical materials from coal and coal byproducts, including acid mine
    drainage from coal mines.
        (c) Critical Material.--In this section, the term ``critical
    material'' has the meaning given the term in section 7002 of this Act.
    SEC. 7002. MINERAL SECURITY.
        (a) Definitions.--In this section:
            (1) Byproduct.--The term ``byproduct'' means a critical
        mineral--
                (A) the recovery of which depends on the production of a
            host mineral that is not designated as a critical mineral; and
                (B) that exists in sufficient quantities to be recovered
            during processing or refining.
            (2) Critical material.--The term ``critical material'' means--
                (A) any non-fuel mineral, element, substance, or material
            that the Secretary of Energy determines--
                    (i) has a high risk of a supply chain disruption; and
                    (ii) serves an essential function in 1 or more energy
                technologies, including technologies that produce,
                transmit, store, and conserve energy; or
                (B) a critical mineral.
            (3) Critical mineral.--
                (A) In general.--The term ``critical mineral'' means any
            mineral, element, substance, or material designated as critical
            by the Secretary under subsection (c).
                (B) Exclusions.--The term ``critical mineral'' does not
            include--
                    (i) fuel minerals;
                    (ii) water, ice, or snow;
                    (iii) common varieties of sand, gravel, stone, pumice,
                cinders, and clay.
            (4) Indian tribe.--The term ``Indian Tribe'' has the meaning
        given the term in section 4 of the Indian Self-Determination and
        Education Assistance Act (25 U.S.C. 5304).
            (5) Secretary.--The term ``Secretary'' means the Secretary of
        the Interior.
            (6) State.--The term ``State'' means--
                (A) a State;
                (B) the District of Columbia;
                (C) the Commonwealth of Puerto Rico;
                (D) Guam;
                (E) American Samoa;
                (F) the Commonwealth of the Northern Mariana Islands; and
                (G) the United States Virgin Islands.
            (7) Institution of higher education.--The term ``institution of
        higher education'' means--
                (A) an institution of higher education (as defined in
            section 101(a) of the Higher Education Act of 1965 (20 U.S.C.
            1001(a))); or
                (B) a postsecondary vocational institution (as defined in
            section 102(c) of the Higher Education Act of 1965 (20 U.S.C.
            1002(c))).
        (b) Policy.--
            (1) In general.--Section 3 of the National Materials and
        Minerals Policy, Research and Development Act of 1980 (30 U.S.C.
        1602) is amended--
                (A) by striking paragraph (3) and inserting the following:
            ``(3) establish an analytical and forecasting capability for
        identifying critical mineral demand, supply, and other factors to
        allow informed actions to be taken to avoid supply shortages,
        mitigate price volatility, and prepare for demand growth and other
        market shifts;'';
                (B) in paragraph (6), by striking ``and'' after the
            semicolon at the end; and
                (C) by striking paragraph (7) and inserting the following:
            ``(7) facilitate the availability, development, and
        environmentally responsible production of domestic resources to
        meet national material or critical mineral needs;
            ``(8) avoid duplication of effort, prevent unnecessary
        paperwork, and minimize delays in the administration of applicable
        laws (including regulations) and the issuance of permits and
        authorizations necessary to explore for, develop, and produce
        critical minerals and to construct critical mineral manufacturing
        facilities in accordance with applicable environmental and land
        management laws;
            ``(9) strengthen--
                ``(A) educational and research capabilities at not lower
            than the secondary school level; and
                ``(B) workforce training for exploration and development of
            critical minerals and critical mineral manufacturing;
            ``(10) bolster international cooperation through technology
        transfer, information sharing, and other means;
            ``(11) promote the efficient production, use, and recycling of
        critical minerals;
            ``(12) develop alternatives to critical minerals; and
            ``(13) establish contingencies for the production of, or access
        to, critical minerals for which viable sources do not exist within
        the United States.''.
            (2) Conforming amendment.--Section 2(b) of the National
        Materials and Minerals Policy, Research and Development Act of 1980
        (30 U.S.C. 1601(b)) is amended by striking ``(b) As used in this
        Act, the term'' and inserting the following:
        ``(b) Definitions.--In this Act:
            ``(1) Critical mineral.--The term `critical mineral' means any
        mineral, element, substance, or material designated as critical by
        the Secretary under section 7002(c) of the Energy Act of 2020.
            ``(2) Materials.--The term''.
        (c) Critical Mineral Designations.--
            (1) Draft methodology and list.--The Secretary, acting through
        the Director of the United States Geological Survey (referred to in
        this subsection as the ``Secretary''), shall publish in the Federal
        Register for public comment--
                (A) a description of the draft methodology used to identify
            a draft list of critical minerals;
                (B) a draft list of minerals, elements, substances, and
            materials that qualify as critical minerals; and
                (C) a draft list of critical minerals recovered as
            byproducts and their host minerals.
            (2) Availability of data.--If available data is insufficient to
        provide a quantitative basis for the methodology developed under
        this subsection, qualitative evidence may be used to the extent
        necessary.
            (3) Final methodology and list.--After reviewing public
        comments on the draft methodology and the draft lists published
        under paragraph (1) and updating the methodology and lists as
        appropriate, not later than 45 days after the date on which the
        public comment period with respect to the draft methodology and
        draft lists closes, the Secretary shall publish in the Federal
        Register--
                (A) a description of the final methodology for determining
            which minerals, elements, substances, and materials qualify as
            critical minerals;
                (B) the final list of critical minerals; and
                (C) the final list of critical minerals recovered as
            byproducts and their host minerals.
            (4) Designations.--
                (A) In general.--For purposes of carrying out this
            subsection, the Secretary shall maintain a list of minerals,
            elements, substances, and materials designated as critical,
            pursuant to the final methodology published under paragraph
            (3), that the Secretary determines--
                    (i) are essential to the economic or national security
                of the United States;
                    (ii) the supply chain of which is vulnerable to
                disruption (including restrictions associated with foreign
                political risk, abrupt demand growth, military conflict,
                violent unrest, anti-competitive or protectionist
                behaviors, and other risks throughout the supply chain);
                and
                    (iii) serve an essential function in the manufacturing
                of a product (including energy technology-, defense-,
                currency-, agriculture-, consumer electronics-, and health
                care-related applications), the absence of which would have
                significant consequences for the economic or national
                security of the United States.
                (B) Inclusions.--Notwithstanding the criteria under
            paragraph (3), the Secretary may designate and include on the
            list any mineral, element, substance, or material determined by
            another Federal agency to be strategic and critical to the
            defense or national security of the United States.
                (C) Required consultation.--The Secretary shall consult
            with the Secretaries of Defense, Commerce, Agriculture, and
            Energy and the United States Trade Representative in
            designating minerals, elements, substances, and materials as
            critical under this paragraph.
            (5) Subsequent review.--
                (A) In general.--The Secretary, in consultation with the
            Secretaries of Defense, Commerce, Agriculture, and Energy and
            the United States Trade Representative, shall review the
            methodology and list under paragraph (3) and the designations
            under paragraph (4) at least every 3 years, or more frequently
            as the Secretary considers to be appropriate.
                (B) Revisions.--Subject to paragraph (4)(A), the Secretary
            may--
                    (i) revise the methodology described in this
                subsection;
                    (ii) determine that minerals, elements, substances, and
                materials previously determined to be critical minerals are
                no longer critical minerals; and
                    (iii) designate additional minerals, elements,
                substances, or materials as critical minerals.
            (6) Notice.--On finalization of the methodology and the list
        under paragraph (3), or any revision to the methodology or list
        under paragraph (5), the Secretary shall submit to Congress written
        notice of the action.
        (d) Resource Assessment.--
            (1) In general.--Not later than 4 years after the date of
        enactment of this Act, in consultation with applicable State
        (including geological surveys), local, academic, industry, and
        other entities, the Secretary (acting through the Director of the
        United States Geological Survey) or a designee of the Secretary,
        shall complete a comprehensive national assessment of each critical
        mineral that--
                (A) identifies and quantifies known critical mineral
            resources, using all available public and private information
            and datasets, including exploration histories; and
                (B) provides a quantitative and qualitative assessment of
            undiscovered critical mineral resources throughout the United
            States, including probability estimates of tonnage and grade,
            using all available public and private information and
            datasets, including exploration histories.
            (2) Supplementary information.--In carrying out this
        subsection, the Secretary may carry out surveys and field work
        (including drilling, remote sensing, geophysical surveys,
        topographical and geological mapping, and geochemical sampling and
        analysis) to supplement existing information and datasets available
        for determining the existence of critical minerals in the United
        States.
            (3) Public access.--Subject to applicable law, to the maximum
        extent practicable, the Secretary shall make all data and metadata
        collected from the comprehensive national assessment carried out
        under paragraph (1) publically and electronically accessible.
            (4) Technical assistance.--At the request of the Governor of a
        State or the head of an Indian Tribe, the Secretary may provide
        technical assistance to State governments and Indian Tribes
        conducting critical mineral resource assessments on non-Federal
        land.
            (5) Prioritization.--
                (A) In general.--The Secretary may sequence the completion
            of resource assessments for each critical mineral such that
            critical minerals considered to be most critical under the
            methodology established under subsection (c) are completed
            first.
                (B) Reporting.--During the period beginning not later than
            1 year after the date of enactment of this Act and ending on
            the date of completion of all of the assessments required under
            this subsection, the Secretary shall submit to Congress on an
            annual basis an interim report that--
                    (i) identifies the sequence and schedule for completion
                of the assessments if the Secretary sequences the
                assessments; or
                    (ii) describes the progress of the assessments if the
                Secretary does not sequence the assessments.
            (6) Updates.--The Secretary may periodically update the
        assessments conducted under this subsection based on--
                (A) the generation of new information or datasets by the
            Federal Government; or
                (B) the receipt of new information or datasets from
            critical mineral producers, State geological surveys, academic
            institutions, trade associations, or other persons.
            (7) Additional surveys.--The Secretary shall complete a
        resource assessment for each additional mineral or element
        subsequently designated as a critical mineral under subsection
        (c)(5)(B) not later than 2 years after the designation of the
        mineral or element.
            (8) Report.--Not later than 2 years after the date of enactment
        of this Act, the Secretary shall submit to Congress a report
        describing the status of geological surveying of Federal land for
        any mineral commodity--
                (A) for which the United States was dependent on a foreign
            country for more than 25 percent of the United States supply,
            as depicted in the report issued by the United States
            Geological Survey entitled ``Mineral Commodity Summaries
            2021''; but
                (B) that is not designated as a critical mineral under
            subsection (c).
        (e) Report of Small Business Administration.--Not later than 1 year
    and 300 days after the date of enactment of this Act, the Administrator
    of the Small Business Administration shall submit to the applicable
    committees of Congress a report that assesses the performance of
    Federal agencies with respect to--
            (1) complying with chapter 6 of title 5, United States Code
        (commonly known as the ``Regulatory Flexibility Act''), in
        promulgating regulations applicable to the critical minerals
        industry; and
            (2) performing an analysis of the efficiency of regulations
        applicable to the critical minerals industry, including those that
        are disproportionately burdensome to small businesses.
        (f) Federal Register Process.--
            (1) Departmental review.--Absent any extraordinary
        circumstance, and except as otherwise required by law, the
        Secretary and the Secretary of Agriculture shall ensure that each
        Federal Register notice described in paragraph (2) shall be--
                (A) subject to any required reviews within the Department
            of the Interior or the Department of Agriculture; and
                (B) published in final form in the Federal Register not
            later than 45 days after the date of initial preparation of the
            notice.
            (2) Preparation.--The preparation of Federal Register notices
        required by law associated with the issuance of a critical mineral
        exploration or mine permit shall be delegated to the organizational
        level within the agency responsible for issuing the critical
        mineral exploration or mine permit.
            (3) Transmission.--All Federal Register notices regarding
        official document availability, announcements of meetings, or
        notices of intent to undertake an action shall be originated in,
        and transmitted to the Federal Register from, the office in which,
        as applicable--
                (A) the documents or meetings are held; or
                (B) the activity is initiated.
            (4) Application of certain provisions.--
                (A) In general.--Subsection (f) shall also apply to--
                    (i) an exploration project in which the presence of a
                byproduct is reasonably expected, based on known mineral
                companionality, geologic formation, mineralogy, or other
                factors; and
                    (ii) a project that demonstrates that a byproduct is of
                sufficient grade that, when combined with the production of
                a host mineral, the byproduct is economic to recover, as
                determined by the applicable Secretary in accordance with
                subparagraph (B), and that the byproduct will be recovered
                in commercial quantities.
                (B) Requirement.--In making the determination under
            subparagraph (A)(ii), the applicable Secretary shall consider
            the cost effectiveness of the byproducts recovery.
        (g) Recycling, Innovation, Efficiency, and Alternatives.--
            (1) Establishment.--The Secretary of Energy (referred to in
        this subsection as the ``Secretary'') shall conduct a program
        (referred to in this subsection as the ``program'') of research,
        development, demonstration, and commercialization--
                (A) to develop alternatives to critical materials that do
            not occur in significant abundance in the United States;
                (B) to promote the efficient production, use, and recycling
            of critical materials, with special consideration for domestic
            critical materials, throughout the supply chain;
                (C) to ensure the long-term, secure, and sustainable supply
            of critical materials; and
                (D) to prioritize work in areas that the private sector by
            itself is not likely to undertake due to financial or technical
            limitations.
            (2) Cooperation.--In carrying out the program, the Secretary
        shall cooperate with appropriate--
                (A) Federal agencies, including the Department of the
            Interior;
                (B) the National Laboratories;
                (C) critical material producers, processors, and
            manufacturers;
                (D) trade associations;
                (E) academic institutions (including students and
            postdoctoral staff at institutions of higher education);
                (F) small businesses;
                (G) nongovernmental organizations; and
                (H) other relevant entities or individuals.
            (3) Energy innovation hub.--In carrying out the program, the
        Secretary may use an Energy Innovation Hub authorized under section
        206 of the Department of Energy Research Coordination Act (42
        U.S.C. 18632).
            (4) Activities.--Under the program, the Secretary shall carry
        out activities that include the identification and development of--
                (A) alternative materials, particularly materials available
            in abundance within the United States and not subject to
            potential supply restrictions, that lessen the need for
            critical materials;
                (B) alternative energy technologies or alternative designs
            of existing energy technologies, particularly technologies or
            designs that use materials that--
                    (i) occur in abundance in the United States; and
                    (ii) are not subject to potential supply restrictions;
                (C) technologies or process improvements that minimize the
            use and content, or lead to more efficient use, of critical
            materials across the full supply chain;
                (D) innovative technologies and practices to diversify
            commercially viable and sustainable domestic sources of
            critical materials, including technologies for recovery from
            waste streams;
                (E) technologies, process improvements, or design
            optimizations that facilitate the recycling of critical
            materials, and options for improving the rates of collection of
            products and scrap containing critical materials from post-
            consumer, industrial, or other waste streams;
                (F) advanced critical material extraction, production,
            separation, alloying, or processing technologies that decrease
            the energy consumption, environmental impact, and costs of
            those activities, including--
                    (i) efficient water and wastewater management
                strategies;
                    (ii) technologies and management strategies to control
                the environmental impacts of radionuclides in ore tailings;
                    (iii) technologies for separation and processing; and
                    (iv) technologies for increasing the recovery rates of
                coproducts and byproducts from host metal ores;
                (G) commercial markets, advanced storage methods, energy
            applications, and other beneficial uses of critical materials;
            and
                (H) advanced theoretical, computational, and experimental
            tools necessary to support the crosscutting research and
            development needs of diverse critical minerals stakeholders.
            (5) Plan.--
                (A) In general.--Not later than 1 year after the date of
            enactment of this Act, the Secretary shall submit to Congress a
            plan to carry out the program.
                (B) Inclusions.--The plan under subparagraph (A) shall
            include a description of--
                    (i) the research and development activities to be
                carried out under the program during the subsequent 2
                years;
                    (ii) the expected contributions under the program to
                the creation of innovative methods and technologies for the
                efficient and sustainable provision of critical materials
                to the domestic economy;
                    (iii) the expected activities under the program to
                mitigate the environmental and health impacts of the
                extraction, processing, manufacturing, use, recovery, and
                recycling of critical materials; and
                    (iv) how the program will promote the broadest possible
                participation by academic, industrial, and other
                contributors and the public.
            (6) Coordination and nonduplication.--To the maximum extent
        practicable, the Secretary shall ensure that the activities carried
        out under this subsection are coordinated with, and do not
        duplicate the efforts of, other programs within the Federal
        Government, including the work underway by the Critical Materials
        Institute and the National Minerals Information Center.
            (7) Standard of review.--Not later than 2 years after the date
        of enactment of this Act, the Secretary shall conduct a review of
        activities carried out under the program to determine the
        achievement of the technical milestones identified under paragraph
        (8)(D)(i)(I).
            (8) Critical materials consortium.--
                (A) In general.--Not later than 1 year after the date of
            enactment of this Act, the Secretary shall establish and
            operate a Critical Materials Consortium (referred to in this
            paragraph as the ``Consortium'') for the purpose of supporting
            the program by providing, to the maximum extent practicable, a
            centralized entity for multidisciplinary, collaborative,
            critical materials research and development.
                (B) Leadership.--If an Energy Innovation Hub authorized
            under section 206 of the Department of Energy Research
            Coordination Act (42 U.S.C. 18632) that is focused on critical
            materials exists on the date of enactment of this Act, the
            Secretary shall leverage the personnel and expertise of the
            Energy Innovation Hub to manage the Consortium for not less
            than 3 years following the date on which the Consortium is
            established.
                (C) Membership.--The members of the Consortium shall be
            representatives from relevant Federal agencies, the National
            Laboratories, the National Minerals Information Center,
            institutions of higher education, private sector entities,
            multiinstitutional collaborations, and other appropriate
            entities.
                (D) Responsibilities.--The Consortium shall--
                    (i) develop and implement a multiyear plan that--

                        (I) identifies technical goals and milestones for
                    the program;
                        (II) utilizes the high performance computing
                    capabilities of the Department; and
                        (III) leverages the expertise of the National
                    Laboratories and the United States Geological Survey;
                    and

                    (ii) submit an annual report to the Secretary
                summarizing the activities of the Consortium, including an
                evaluation of the role of the Consortium in the achievement
                of the technical milestones identified under clause (i)(I).
                (E) Sunset; termination.--
                    (i) In general.--The Secretary may provide support to
                the Consortium for a period of not more than 10 years,
                subject to the availability of appropriations.
                    (ii) Merit review.--Not later than 5 years after the
                date on which the Consortium is established, the Secretary
                shall conduct a rigorous merit review to determine whether
                the Consortium helped the program achieve the technical
                milestones identified under subparagraph (D)(i)(I).
                    (iii) Termination.--If the Secretary determines that
                the Consortium has not helped the program achieve the
                technical milestones identified under subparagraph
                (D)(i)(I), the Secretary may terminate any financial or
                technical support that the Department provides to the
                Consortium.
            (9) Reports.--Not later than 2 years after the date of
        enactment of this Act, and annually thereafter, the Secretary shall
        submit to Congress a report summarizing the activities, findings,
        and progress of the program.
            (10) Authorization of appropriations.--There are authorized to
        be appropriated to the Secretary to carry out this subsection--
                (A) $125,000,000 for fiscal year 2021;
                (B) $105,000,000 for fiscal year 2022;
                (C) $100,000,000 for fiscal year 2023;
                (D) $135,000,000 for fiscal year 2024; and
                (E) $135,000,000 for fiscal year 2025.
        (h) Critical Materials Supply Chain Research Facility.--
            (1) In general.--The Secretary of Energy (referred to in this
        subsection as the ``Secretary'') shall support construction of a
        Critical Materials Supply Chain Research Facility (referred to in
        this subsection as the ``facility'').
            (2) Requirements.--The facility--
                (A) shall be used to further enable research, development,
            demonstration, and commercialization activities throughout the
            supply chain for critical materials; and
                (B) shall provide an integrated, rapidly reconfigurable
            research platform.
            (3) Authorization of appropriations.--There are authorized to
        be appropriated to the Secretary to fund the design and
        construction of the facility, to remain available until expended--
                (A) $10,000,000 for fiscal year 2021;
                (B) $30,000,000 for fiscal year 2022; and
                (C) $35,000,000 for fiscal year 2023.
        (i) Critical Materials Research Database and Information Portal.--
            (1) In general.--In carrying out the program established under
        subsection (g)(1), the Secretary and the Secretary of Energy
        (referred to in this subsection as the ``Secretaries''), in
        consultation with the Director of the National Science Foundation,
        shall establish and operate a Critical Materials Information Portal
        (referred to in this subsection as the ``Portal'') to collect,
        catalogue, disseminate, and archive information on critical
        materials.
            (2) Cooperation.--In carrying out paragraph (1), the
        Secretaries shall leverage the expertise of the National Minerals
        Information Center, the Office of Scientific and Technical
        Information, and the Critical Materials Consortium established
        under subsection (g)(8)(A).
            (3) Purpose.--The purpose of the Portal is to support the
        development of a web-based platform to provide public access to a
        database of computed information on known and predicted critical
        materials and related material properties and computational tools
        in order--
                (A) to accelerate breakthroughs in critical materials
            identification and design;
                (B) to strengthen the foundation for technologies that will
            enable more sustainable recycling, substitution, use, and
            recovery and minimize the environmental impacts of methods for
            extraction, processing, and manufacturing of critical
            materials; and
                (C) to drive the development of advanced materials for
            applications that span the missions of the Department of Energy
            and the Department of the Interior (referred to in this
            subsection as the ``Departments'') in energy, environment, and
            national security.
            (4) Activities.--In carrying out this subsection, the
        Secretaries shall--
                (A) conduct cooperative research with industry, academia,
            and other research institutions to facilitate the design of
            novel materials, including critical materials and substitutes
            for critical materials;
                (B) leverage existing high-performance computing systems to
            conduct high throughput calculations and develop computing and
            data mining algorithms for the prediction of material
            properties, including a focus on critical materials;
                (C) leverage and support research in mineralogy and mineral
            chemistry to enhance the understanding, prediction, and
            manipulation of critical materials;
                (D) assist scientists and engineers in making the fullest
            possible use of the relevant data holdings of the Departments,
            including the scientific and technical data generated by the
            research and development activities funded under subsection
            (g);
                (E) seek and incorporate other information on critical
            materials to enhance the Departments' utility for program
            participants and other users; and
                (F) manage and make available to researchers and the public
            accessible, curated, standardized, secure, and privacy-
            protected data sets from the public and private sectors for the
            purposes of critical materials research and development
            activities.
            (5) Proprietary information.--In carrying out this subsection,
        the Secretaries shall ensure, consistent with section 5(f) of the
        National Materials and Minerals Policy, Research and Development
        Act of 1980 (30 U.S.C. 1604(f)), that--
                (A) no person uses the information and data collected for
            the Portal for a purpose other than the development of, or
            reporting of, aggregate data in a manner such that the identity
            of the person or firm who supplied the information is not
            discernible and is not material to the intended uses of the
            information;
                (B) no person discloses any information or data collected
            for the Portal unless the information or data has been
            transformed into a statistical or aggregate form that does not
            allow the identification of the person or firm who supplied
            particular information; and
                (C) procedures are established to require the withholding
            of any information or data collected for the Portal if at least
            1 of the Secretaries determines that the withholding is
            necessary to protect proprietary information, including any
            trade secrets or other confidential information.
        (j) Analysis and Forecasting.--
            (1) Capabilities.--In order to evaluate existing critical
        mineral policies and inform future actions that may be taken to
        avoid supply shortages, mitigate price volatility, and prepare for
        demand growth and other market shifts, the Secretary (acting
        through the Director of the United States Geological Survey) or a
        designee of the Secretary, in consultation with the Energy
        Information Administration, academic institutions, and others in
        order to maximize the application of existing competencies related
        to developing and maintaining computer-models and similar
        analytical tools, shall conduct and publish the results of an
        annual report that includes--
                (A) as part of the annually published Mineral Commodity
            Summaries from the United States Geological Survey, a
            comprehensive review of critical mineral production,
            consumption, and recycling patterns, including--
                    (i) the quantity of each critical mineral domestically
                produced during the preceding year;
                    (ii) the quantity of each critical mineral domestically
                consumed during the preceding year;
                    (iii) market price data or other price data for each
                critical mineral;
                    (iv) an assessment of--

                        (I) critical mineral requirements to meet the
                    national security, energy, economic, industrial,
                    technological, and other needs of the United States
                    during the preceding year;
                        (II) the reliance of the United States on foreign
                    sources to meet those needs during the preceding year;
                    and
                        (III) the implications of any supply shortages,
                    restrictions, or disruptions during the preceding year;

                    (v) the quantity of each critical mineral domestically
                recycled during the preceding year;
                    (vi) the market penetration during the preceding year
                of alternatives to each critical mineral;
                    (vii) a discussion of international trends associated
                with the discovery, production, consumption, use, costs of
                production, prices, and recycling of each critical mineral
                as well as the development of alternatives to critical
                minerals; and
                    (viii) such other data, analyses, and evaluations as
                the Secretary finds are necessary to achieve the purposes
                of this subsection; and
                (B) a comprehensive forecast, entitled the ``Annual
            Critical Minerals Outlook'', of projected critical mineral
            production, consumption, and recycling patterns, including--
                    (i) the quantity of each critical mineral projected to
                be domestically produced over the subsequent 1-year, 5-
                year, and 10-year periods;
                    (ii) the quantity of each critical mineral projected to
                be domestically consumed over the subsequent 1-year, 5-
                year, and 10-year periods;
                    (iii) an assessment of--

                        (I) critical mineral requirements to meet projected
                    national security, energy, economic, industrial,
                    technological, and other needs of the United States;
                        (II) the projected reliance of the United States on
                    foreign sources to meet those needs; and
                        (III) the projected implications of potential
                    supply shortages, restrictions, or disruptions;

                    (iv) the quantity of each critical mineral projected to
                be domestically recycled over the subsequent 1-year, 5-
                year, and 10-year periods;
                    (v) the market penetration of alternatives to each
                critical mineral projected to take place over the
                subsequent 1-year, 5-year, and 10-year periods;
                    (vi) a discussion of reasonably foreseeable
                international trends associated with the discovery,
                production, consumption, use, costs of production, and
                recycling of each critical mineral as well as the
                development of alternatives to critical minerals; and
                    (vii) such other projections relating to each critical
                mineral as the Secretary determines to be necessary to
                achieve the purposes of this subsection.
            (2) Proprietary information.--In preparing a report described
        in paragraph (1), the Secretary shall ensure, consistent with
        section 5(f) of the National Materials and Minerals Policy,
        Research and Development Act of 1980 (30 U.S.C. 1604(f)), that--
                (A) no person uses the information and data collected for
            the report for a purpose other than the development of or
            reporting of aggregate data in a manner such that the identity
            of the person or firm who supplied the information is not
            discernible and is not material to the intended uses of the
            information;
                (B) no person discloses any information or data collected
            for the report unless the information or data has been
            transformed into a statistical or aggregate form that does not
            allow the identification of the person or firm who supplied
            particular information; and
                (C) procedures are established to require the withholding
            of any information or data collected for the report if the
            Secretary determines that withholding is necessary to protect
            proprietary information, including any trade secrets or other
            confidential information.
        (k) Education and Workforce.--
            (1) Workforce assessment.--Not later than 1 year and 300 days
        after the date of enactment of this Act, the Secretary of Labor (in
        consultation with the Secretary, the Director of the National
        Science Foundation, institutions of higher education with
        substantial expertise in mining, institutions of higher education
        with significant expertise in minerals research, including
        fundamental research into alternatives, and employers in the
        critical minerals sector) shall submit to Congress an assessment of
        the domestic availability of technically trained personnel
        necessary for critical mineral exploration, development,
        assessment, production, manufacturing, recycling, analysis,
        forecasting, education, and research, including an analysis of--
                (A) skills that are in the shortest supply as of the date
            of the assessment;
                (B) skills that are projected to be in short supply in the
            future;
                (C) the demographics of the critical minerals industry and
            how the demographics will evolve under the influence of factors
            such as an aging workforce;
                (D) the effectiveness of training and education programs in
            addressing skills shortages;
                (E) opportunities to hire locally for new and existing
            critical mineral activities;
                (F) the sufficiency of personnel within relevant areas of
            the Federal Government for achieving the policies described in
            section 3 of the National Materials and Minerals Policy,
            Research and Development Act of 1980 (30 U.S.C. 1602); and
                (G) the potential need for new training programs to have a
            measurable effect on the supply of trained workers in the
            critical minerals industry.
            (2) Curriculum study.--
                (A) In general.--The Secretary and the Secretary of Labor
            shall jointly enter into an arrangement with the National
            Academy of Sciences and the National Academy of Engineering
            under which the Academies shall coordinate with the National
            Science Foundation on conducting a study--
                    (i) to design an interdisciplinary program on critical
                minerals that will support the critical mineral supply
                chain and improve the ability of the United States to
                increase domestic, critical mineral exploration,
                development, production, manufacturing, research, including
                fundamental research into alternatives, and recycling;
                    (ii) to address undergraduate and graduate education,
                especially to assist in the development of graduate level
                programs of research and instruction that lead to advanced
                degrees with an emphasis on the critical mineral supply
                chain or other positions that will increase domestic,
                critical mineral exploration, development, production,
                manufacturing, research, including fundamental research
                into alternatives, and recycling;
                    (iii) to develop guidelines for proposals from
                institutions of higher education with substantial
                capabilities in the required disciplines for activities to
                improve the critical mineral supply chain and advance the
                capacity of the United States to increase domestic,
                critical mineral exploration, research, development,
                production, manufacturing, and recycling; and
                    (iv) to outline criteria for evaluating performance and
                recommendations for the amount of funding that will be
                necessary to establish and carry out the program described
                in paragraph (3).
                (B) Report.--Not later than 2 years after the date of
            enactment of this Act, the Secretary shall submit to Congress a
            description of the results of the study required under
            subparagraph (A).
            (3) Program.--
                (A) Establishment.--The Secretary and the Secretary of
            Labor shall jointly conduct a competitive grant program under
            which institutions of higher education may apply for and
            receive 4-year grants for--
                    (i) startup costs for newly designated faculty
                positions in integrated critical mineral education,
                research, innovation, training, and workforce development
                programs consistent with paragraph (2);
                    (ii) internships, scholarships, and fellowships for
                students enrolled in programs related to critical minerals;
                    (iii) equipment necessary for integrated critical
                mineral innovation, training, and workforce development
                programs; and
                    (iv) research of critical minerals and their
                applications, particularly concerning the manufacture of
                critical components vital to national security.
                (B) Renewal.--A grant under this paragraph shall be
            renewable for up to 2 additional 3-year terms based on
            performance criteria outlined under paragraph (2)(A)(iv).
        (l) National Geological and Geophysical Data Preservation
    Program.--Section 351(k) of the Energy Policy Act of 2005 (42 U.S.C.
    15908(k)) is amended by striking `` $30,000,000 for each of fiscal
    years 2006 through 2010'' and inserting `` $5,000,000 for each of
    fiscal years 2021 through 2029, to remain available until expended''.
        (m) Amendments to the National Materials and Minerals, Policy,
    Research and Development Act of 1980.--
            (1) Program plan.--Section 5 of the National Materials and
        Minerals Policy, Research and Development Act of 1980 (30 U.S.C.
        1604) is amended--
                (A) by striking ``date of enactment of this Act'' each
            place it appears and inserting ``date of enactment of the
            Energy Act of 2020'';
                (B) in subsection (b)(1), by striking ``Federal
            Coordinating Council for Science, Engineering, and Technology''
            and inserting ``National Science and Technology Council'';
                (C) in subsection (c)--
                    (i) in the matter preceding paragraph (1)--

                        (I) by striking ``the Federal Emergency'' and all
                    that follows through ``Agency, and''; and
                        (II) by striking ``appropriate shall'' and
                    inserting ``appropriate, shall'';

                    (ii) by striking paragraphs (1) and (3);
                    (iii) by redesignating paragraph (2) as paragraph (1);
                    (iv) in paragraph (1) (as so redesignated)--

                        (I) by striking ``within 1 year after October 21,
                    1980'' and inserting ``not later than 1 year after the
                    date of the enactment of the Energy Act of 2020'';
                        (II) by striking ``which assesses'' and inserting
                    ``that assesses''; and
                        (III) by striking ``in the case'' and all that
                    follows through ``subsection, and which'' and inserting
                    ``and that''; and

                    (v) by adding at the end the following:
            ``(2) assess the adequacy and stability of the supply of
        materials necessary to maintain national security, economic well-
        being, public health, and industrial production.''; and
                (D) in subsection (e), by striking ``Bureau of Mines'' each
            place it appears and inserting ``United States Geological
            Survey''.
            (2) Policy.--Section 3 of the National Materials and Minerals
        Policy, Research and Development Act of 1980 (30 U.S.C. 1602) is
        amended, in the matter preceding paragraph (1)--
                (A) in the first sentence, by striking ``The Congress
            declares that it'' and inserting ``It''; and
                (B) in the second sentence, by striking ``The Congress
            further declares that implementation'' and inserting
            ``Implementation''.
            (3) Implementation.--Section 4 of the National Materials and
        Minerals Policy, Research and Development Act of 1980 (30 U.S.C.
        1603) is amended, in the matter preceding paragraph (1)--
                (A) by striking ``For the purpose'' and all that follows
            through ``declares that the'' and inserting ``The''; and
                (B) by striking ``departments and agencies,'' and inserting
            ``departments and agencies to implement the policy described in
            section 3''.
        (n) Administration.--
            (1) In general.--The National Critical Materials Act of 1984
        (30 U.S.C. 1801 et seq.) is repealed.
            (2) Conforming amendment.--Section 3(d) of the National
        Superconductivity and Competitiveness Act of 1988 (15 U.S.C.
        5202(d)) is amended in the first sentence by striking ``, with the
        assistance of the National Critical Materials Council as specified
        in the National Critical Materials Act of 1984 (30 U.S.C. 1801 et
        seq.),''.
            (3) Savings clauses.--
                (A) In general.--Nothing in this section or an amendment
            made by this section modifies any requirement or authority
            provided by--
                    (i) the matter under the heading ``geological survey''
                of the first section of the Act of March 3, 1879 (43 U.S.C.
                31(a)); or
                    (ii) the first section of Public Law 87-626 (43 U.S.C.
                31(b)).
                (B) Effect on department of defense.--Nothing in this
            section or an amendment made by this section affects the
            authority of the Secretary of Defense with respect to the work
            of the Department of Defense on critical material supplies in
            furtherance of the national defense mission of the Department
            of Defense.
                (C) Secretarial order not affected.--This section shall not
            apply to any mineral described in Secretarial Order No. 3324,
            issued by the Secretary on December 3, 2012, in any area to
            which the order applies.
        (o) Authorization of Appropriations.--There is authorized to be
    appropriated to the Secretary to carry out this section $50,000,000 for
    each of fiscal years 2021 through 2029.
    SEC. 7003. MONITORING MINERAL INVESTMENTS UNDER BELT AND ROAD
    INITIATIVE OF PEOPLE'S REPUBLIC OF CHINA.
        (a) Report Required.--Not later than 1 year after the date of the
    enactment of this Act, the Director of National Intelligence (referred
    to in this section as the ``Director''), in consultation with the
    Secretary of the Interior, the Secretary of Energy, the Secretary of
    Commerce, the Secretary of State, the Secretary of Defense, and the
    United States Trade Representative, shall submit to the appropriate
    congressional committees a report on investments in minerals under the
    Belt and Road Initiative of the People's Republic of China that
    includes an assessment of--
            (1) notable past mineral investments;
            (2) whether and how such investments have increased the extent
        of control of minerals by the People's Republic of China;
            (3) any efforts by the People's Republic of China to counter or
        interfere with the goals of the Energy Resource Governance
        Initiative of the Department of State; and
            (4) the strategy of the People's Republic of China with respect
        to mineral investments.
        (b) Monitoring Mechanism.--In conjunction with each report required
    by subsection (a), the Director shall submit to the appropriate
    congressional committees a list of any minerals with respect to which--
            (1) the People's Republic of China, directly or through the
        Belt and Road Initiative--
                (A) is increasing its concentration of extraction and
            processing;
                (B) is acquiring significant mining and processing
            facilities;
                (C) is maintaining or increasing export restrictions; or
                (D) has achieved substantial control of the supply of
            minerals used within an industry or related minerals;
            (2) there is a significant difference between domestic prices
        in the People's Republic of China as compared to prices on
        international markets; or
            (3) there is a significant increase or volatility in price as a
        result of the Belt and Road Initiative of the People's Republic of
        China.
        (c) Critical Mineral Evaluation.--For any mineral included on the
    list required by subsection (b) that is not already designated as
    critical by the Secretary of the Interior pursuant to section 7002(c),
    the Director shall--
            (1) determine, in consultation with the Secretary of the
        Interior, the Secretary of Energy, the Secretary of Commerce, the
        Secretary of State, the Secretary of Defense, and the United States
        Trade Representative, whether the mineral is strategic and critical
        to the defense or national security of the United States; and
            (2) make a recommendation to the Secretary of the Interior
        regarding the designation of the mineral under section 7002(c).
        (d) Annual Updates.--The Director shall update the report required
    by subsection (a) and list required by subsection (b) not less
    frequently than annually.
        (e) Form.--Each report or list required by this section shall be
    submitted in unclassified form but may include a classified annex.
        (f) Appropriate Congressional Committees Defined.--In this section,
    the term ``appropriate congressional committees'' means--
            (1) the Committee on Energy and Natural Resources, the
        Committee on Foreign Relations, the Committee on Armed Services,
        the Committee on Finance, the Committee on Homeland Security and
        Governmental Affairs, the Committee on Commerce, Science, and
        Transportation, and the Committee on Appropriations of the Senate;
        and
            (2) the Committee on Energy and Commerce, the Committee on
        Foreign Affairs, the Committee on Armed Services, the Committee on
        Ways and Means, the Committee on Homeland Security, and the
        Committee on Appropriations of the House of Representatives.

                         TITLE VIII--GRID MODERNIZATION

    SEC. 8001. SMART GRID REGIONAL DEMONSTRATION INITIATIVE.
        Section 1304 of the Energy Independence and Security Act of 2007
    (42 U.S.C. 17384) is amended--
            (1) in subsection (a), by inserting ``research, development,
        and demonstration'' before ``program'';
            (2) in subsection (b)--
                (A) by amending paragraph (1) to read as follows:
            ``(1) In general.--The Secretary shall establish a smart grid
        regional demonstration initiative (referred to in this subsection
        as the `Initiative') composed of demonstration projects focused on
        cost-effective, advanced technologies for use in power grid
        sensing, communications, analysis, power flow control,
        visualization, distribution automation, industrial control systems,
        dynamic line rating systems, grid redesign, and the integration of
        distributed energy resources.''; and
                (B) in paragraph (2)--
                    (i) in subparagraph (D), by striking ``and'' at the
                end;
                    (ii) in subparagraph (E), by striking the period and
                inserting ``; and''; and
                    (iii) by inserting at the end the following:
                ``(F) to encourage the commercial application of advanced
            distribution automation technologies that exert intelligent
            control over electrical grid functions at the distribution
            level to improve system resilience.''.
    SEC. 8002. SMART GRID MODELING, VISUALIZATION, ARCHITECTURE, AND
    CONTROLS.
        Title XIII of the Energy Independence and Security Act of 2007 (42
    U.S.C. 17381 et seq.) is amended by inserting after section 1304 the
    following:
    ``SEC. 1304A. SMART GRID MODELING, VISUALIZATION, ARCHITECTURE, AND
    CONTROLS.
        ``(a) In General.--Not later than 180 days after the enactment of
    this section, the Secretary shall establish a program of research,
    development, demonstration, and commercial application on electric grid
    modeling, sensing, visualization, architecture development, and
    advanced operation and controls.
        ``(b) Modeling Research and Development.--The Secretary shall
    support development of models of emerging technologies and systems to
    facilitate the secure and reliable design, planning, and operation of
    the electric grid for use by industry stakeholders. In particular, the
    Secretary shall support development of--
            ``(1) models to analyze and predict the effects of adverse
        physical and cyber events on the electric grid;
            ``(2) coupled models of electrical, physical, and cyber
        systems;
            ``(3) models of existing and emerging technologies being
        deployed on the electric grid due to projected changes in the
        electric generation mix and loads, for a variety of regional
        characteristics; and
            ``(4) integrated models of the communications, transmission,
        distribution, and other interdependent systems for existing, new,
        and emerging technologies.
        ``(c) Situational Awareness Research and Development.--
            ``(1) In general.--The Secretary shall support development of
        computational tools and technologies to improve sensing,
        monitoring, and visualization of the electric grid for real-time
        situational awareness and decision support tools that enable
        improved operation of the power system, including utility, non-
        utility, and customer grid-connected assets, for use by industry
        partners.
            ``(2) Data use.--In developing visualization capabilities under
        this section, the Secretary shall develop tools for industry
        stakeholders to use to analyze data collected from advanced
        measurement and monitoring technologies, including data from phasor
        measurement units and advanced metering units.
            ``(3) Severe events.--The Secretary shall prioritize enhancing
        cyber and physical situational awareness of the electric grid
        during adverse manmade and naturally-occurring events.
        ``(d) Operation and Controls Research and Development.--The
    Secretary shall conduct research to develop improvements to the
    operation and controls of the electric grid, in coordination with
    industry partners. Such activities shall include--
            ``(1) a training facility or facilities to allow grid operators
        to gain operational experience with advanced grid control concepts
        and technologies;
            ``(2) development of cost-effective advanced operation and
        control concepts and technologies, such as adaptive islanding,
        dynamic line rating systems, power flow controllers, network
        topology optimization, smart circuit breakers, intelligent load
        shedding, and fault-tolerant control system architectures;
            ``(3) development of real-time control concepts using
        artificial intelligence and machine learning for improved electric
        grid resilience; and
            ``(4) utilization of advanced data analytics including load
        forecasting, power flow modeling, equipment failure prediction,
        resource optimization, risk analysis, and decision analysis.
        ``(e) Interoperability Research and Development.--The Secretary
    shall conduct research and development on tools and technologies that
    improve the interoperability and compatibility of new and emerging
    components, technologies, and systems with existing electric grid
    infrastructure.
        ``(f) Underground Transmission and Distribution Lines.--In carrying
    out the program under subsection (a), the Secretary shall support
    research and development on underground transmission and distribution
    lines. This shall include research on--
            ``(1) methods for lowering the costs of underground
        transmission and distribution lines, including through novel
        installation techniques and materials considerations;
            ``(2) techniques to improve the lifespan of underground
        transmission and distribution lines;
            ``(3) wireless sensors to improve safety of underground
        transmission and distribution lines and to predict, identify,
        detect, and transmit information about degradation and faults; and
            ``(4) methods for improving the resilience and reliability of
        underground transmission and distribution lines, including
        technologies and techniques that can mitigate the impact of
        flooding, storm surge, and seasonal climate cycles on degradation
        of and damage to underground transmission and distribution lines.
        ``(g) Grid Architecture and Scenario Development.--
            ``(1) In general.--Subject to paragraph (3), the Secretary
        shall establish and facilitate a collaborative process to develop
        model grid architecture and a set of future scenarios for the
        electric grid to examine the impacts of different combinations of
        resources (including different quantities of distributed energy
        resources and large-scale, central generation) on the electric
        grid.
            ``(2) Architecture.--In supporting the development of model
        grid architectures, the Secretary shall--
                ``(A) analyze a variety of grid architecture scenarios that
            range from minor upgrades to existing transmission grid
            infrastructure to scenarios that involve the replacement of
            significant portions of existing transmission grid
            infrastructure;
                ``(B) analyze the effects of the increasing proliferation
            of renewable and other zero emissions energy generation
            sources, increasing use of distributed resources owned by non-
            utility entities, and the use of digital and automated controls
            not managed by grid operators;
                ``(C) include a variety of new and emerging distribution
            grid technologies, including distributed energy resources,
            electric vehicle charging stations, distribution automation
            technologies, energy storage, and renewable energy sources;
                ``(D) analyze the effects of local load balancing and other
            forms of decentralized control;
                ``(E) analyze the effects of changes to grid architectures
            resulting from modernizing electric grid systems, including
            communications, controls, markets, consumer choice, emergency
            response, electrification, and cybersecurity concerns; and
                ``(F) develop integrated grid architectures that
            incorporate system resilience for cyber, physical, and
            communications systems.
            ``(3) Market structure.--The grid architecture and scenarios
        developed under paragraph (1) shall, to the extent practicable,
        account for differences in market structure, including an
        examination of the potential for stranded costs in each type of
        market structure.
        ``(h) Computing Resources and Data Coordination Research and
    Development.--In carrying out this section, the Secretary shall--
            ``(1) leverage existing computing resources at the National
        Laboratories; and
            ``(2) develop voluntary standards for data taxonomies and
        communication protocols in coordination with public and private
        sector stakeholders.
        ``(i) Information Sharing.--None of the activities authorized in
    this section shall require private entities to share information or
    data with the Secretary.
        ``(j) Resilience.--In this section, the term `resilience' means the
    ability to withstand and reduce the magnitude or duration of disruptive
    events, which includes the capability to anticipate, absorb, adapt to,
    or rapidly recover from such an event, including from deliberate
    attacks, accidents, and naturally occurring threats or incidents.''.
    SEC. 8003. INTEGRATED ENERGY SYSTEMS.
        Title XIII of the Energy Independence and Security Act of 2007 (42
    U.S.C. 17381 et seq.) is amended by adding after section 1309 the
    following:
    ``SEC. 1310. INTEGRATED ENERGY SYSTEMS.
        ``(a) In General.--Not later than 180 days after the enactment of
    this section, the Secretary shall establish a research, development,
    and demonstration program to develop cost-effective integrated energy
    systems, including--
            ``(1) development of computer modeling to design different
        configurations of integrated energy systems and to optimize system
        operation;
            ``(2) research on system integration needed to plan, design,
        build, and operate integrated energy systems, including
        interconnection requirements with the electric grid;
            ``(3) development of integrated energy systems for various
        applications, including--
                ``(A) thermal energy generation and storage for buildings
            and manufacturing;
                ``(B) electricity storage coupled with energy generation;
                ``(C) desalination;
                ``(D) production of liquid and gaseous fuels; and
                ``(E) production of chemicals such as ammonia and ethylene;
            ``(4) development of testing facilities for integrated energy
        systems; and
            ``(5) research on incorporation of various technologies for
        integrated energy systems, including nuclear energy, renewable
        energy, storage, and carbon capture, utilization, and sequestration
        technologies.
        ``(b) Strategic Plan.--
            ``(1) In general.--Not later than 1 year after the date of the
        enactment of this section, the Secretary shall submit to the
        Committee on Science, Space, and Technology of the House of
        Representatives and the Committee on Energy and Natural Resources
        of the Senate a strategic plan that identifies opportunities,
        challenges, and standards needed for the development and commercial
        application of integrated energy systems. The strategic plan shall
        include--
                ``(A) analysis of the potential benefits of development of
            integrated electric systems on the electric grid;
                ``(B) analysis of the potential contributions of integrated
            energy systems to different grid architecture scenarios;
                ``(C) research and development goals for various integrated
            energy systems, including those identified in subsection (a);
                ``(D) assessment of policy and market barriers to the
            adoption of integrated energy systems;
                ``(E) analysis of the technical and economic feasibility of
            adoption of different integrated energy systems; and
                ``(F) a 10-year roadmap to guide the program established
            under subsection (a).
            ``(2) Updates.--Not less than once every 3 years for the
        duration of this research program, the Secretary shall submit an
        updated version of the strategic plan to the Committee on Science,
        Space, and Technology of the House of Representatives and the
        Committee on Energy and Natural Resources of the Senate.
        ``(c) Program Implementation.--In carrying out the research,
    development, demonstration, and commercial application aims of
    subsection (a), the Secretary shall--
            ``(1) implement the recommendations set forth in the strategic
        plan in subsection (b);
            ``(2) coordinate across all relevant program offices at the
        Department, including--
                ``(A) the Office of Energy Efficiency and Renewable Energy;
                ``(B) the Office of Nuclear Energy; and
                ``(C) the Office of Fossil Energy;
            ``(3) leverage existing programs and resources of the
        Department; and
            ``(4) prioritize activities that accelerate the development of
        integrated electricity generation, storage, and distribution
        systems with net zero greenhouse gas emissions.
        ``(d) Integrated Energy System Defined.--The term `integrated
    energy system' means a system composed of 2 or more co-located or
    jointly operated sub-systems of energy generation, energy storage, or
    other energy technologies.''.
    SEC. 8004. GRID INTEGRATION RESEARCH AND DEVELOPMENT.
        (a) Integrating Distributed Energy Resources Onto the Electric
    Grid.--Section 925(a) of the Energy Policy Act of 2005 (42 U.S.C.
    16215) is amended--
            (1) by redesignating paragraphs (10) and (11) as paragraphs
        (12) and (13), respectively; and
            (2) by inserting after paragraph (9) the following:
            ``(10) the development of cost-effective technologies that
        enable two-way information and power flow between distributed
        energy resources and the electric grid;
            ``(11) the development of technologies and concepts that enable
        interoperability between distributed energy resources and other
        behind-the-meter devices and the electric grid;''.
        (b) Integrating Renewable Energy Onto the Electric Grid.--Subtitle
    C of title IX of the Energy Policy Act of 2005 (42 U.S.C. 16231 et
    seq.) is amended by adding at the end the following:
        ``SEC. 936. RESEARCH AND DEVELOPMENT INTO INTEGRATING RENEWABLE
          ENERGY ONTO THE ELECTRIC GRID.
        ``(a) In General.--Not later than 180 days after the enactment of
    this section, the Secretary shall establish a research, development,
    and demonstration program on technologies that enable integration of
    renewable energy generation sources onto the electric grid across
    multiple program offices of the Department. The program shall include--
            ``(1) forecasting for predicting generation from variable
        renewable energy sources;
            ``(2) development of cost-effective low-loss, long-distance
        transmission lines; and
            ``(3) development of cost-effective advanced technologies for
        variable renewable generation sources to provide grid services.
        ``(b) Coordination.--In carrying out this program, the Secretary
    shall coordinate across all relevant program offices at the Department
    to achieve the goals established in this section, including the Office
    of Electricity.
        ``(c) Adoption of Technologies.--In carrying out this section, the
    Secretary shall consider barriers to adoption and commercial
    application of technologies that enable integration of renewable energy
    sources onto the electric grid, including cost and other economic
    barriers, and shall coordinate with relevant entities to reduce these
    barriers.''.
        (c) Integrating Electric Vehicles Onto the Electric Grid.--Subtitle
    B of title I of the Energy Independence and Security Act of 2007 (42
    U.S.C. 17011 et seq.) is amended by adding at the end the following:
        ``SEC. 137. RESEARCH AND DEVELOPMENT INTO INTEGRATING ELECTRIC
          VEHICLES ONTO THE ELECTRIC GRID.
        ``(a) In General.--The Secretary shall establish a research,
    development, and demonstration program to advance the integration of
    electric vehicles, including plug-in hybrid electric vehicles, onto the
    electric grid.
        ``(b) Vehicles-to-grid Integration Assessment Report.--Not later
    than 1 year after the enactment of this section, the Secretary shall
    submit to the Committee on Science, Space, and Technology of the House
    of Representatives and the Committee on Energy and Natural Resources of
    the Senate a report on the results of a study that examines the
    research, development, and demonstration opportunities, challenges, and
    standards needed for integrating electric vehicles onto the electric
    grid.
            ``(1) Report requirements.--The report shall include--
                ``(A) an evaluation of the use of electric vehicles to
            maintain the reliability of the electric grid, including--
                    ``(i) the use of electric vehicles for demand response,
                load shaping, emergency power, and frequency regulation;
                and
                    ``(ii) the potential for the reuse of spent electric
                vehicle batteries for stationary grid storage;
                ``(B) the impact of grid integration on electric vehicles,
            including--
                    ``(i) the impact of bi-directional electricity flow on
                battery degradation; and
                    ``(ii) the implications of the use of electric vehicles
                for grid services on original equipment manufacturer
                warranties;
                ``(C) the impacts to the electric grid of increased
            penetration of electric vehicles, including--
                    ``(i) the distribution grid infrastructure needed to
                support an increase in charging capacity;
                    ``(ii) strategies for integrating electric vehicles
                onto the distribution grid while limiting infrastructure
                upgrades;
                    ``(iii) the changes in electricity demand over a 24-
                hour cycle due to electric vehicle charging behavior;
                    ``(iv) the load increases expected from electrifying
                the transportation sector;
                    ``(v) the potential for customer incentives and other
                managed charging stations strategies to shift charging off-
                peak;
                    ``(vi) the technology needed to achieve bi-directional
                power flow on the distribution grid; and
                    ``(vii) the implementation of smart charging
                techniques;
                ``(D) research on the standards needed to integrate
            electric vehicles with the grid, including communications
            systems, protocols, and charging stations, in collaboration
            with the National Institute for Standards and Technology;
                ``(E) the cybersecurity challenges and needs associated
            with electrifying the transportation sector; and
                ``(F) an assessment of the feasibility of adopting
            technologies developed under the program established under
            subsection (a) at Department facilities.
            ``(2) Recommendations.--As part of the Vehicles-to-Grid
        Integration Assessment Report, the Secretary shall develop a 10-
        year roadmap to guide the research, development, and demonstration
        program to integrate electric vehicles onto the electric grid.
            ``(3) Consultation.--In developing this report, the Secretary
        shall consult with relevant stakeholders, including--
                ``(A) electric vehicle manufacturers;
                ``(B) electric utilities;
                ``(C) public utility commissions;
                ``(D) vehicle battery manufacturers;
                ``(E) electric vehicle supply equipment manufacturers;
                ``(F) charging infrastructure manufacturers;
                ``(G) the National Laboratories; and
                ``(H) other Federal agencies, as the Secretary determines
            appropriate.
            ``(4) Updates.--The Secretary shall update the report required
        under this section every 3 years for the duration of the program
        under section (a) and shall submit the updated report to the
        Committee on Science, Space, and Technology of the House of
        Representatives and the Committee on Energy and Natural Resources
        of the Senate.
        ``(c) Program Implementation.--In carrying out the research,
    development, demonstration, and commercial application aims of section,
    the Secretary shall--
            ``(1) implement the recommendations set forth in the report in
        subsection (b); and
            ``(2) coordinate across all relevant program offices at the
        Department to achieve the goals established in this section,
        including the Office of Electricity.
        ``(d) Testing Capabilities.--The Secretary shall coordinate with
    the National Laboratories to develop testing capabilities for the
    evaluation, rapid prototyping, and optimization of technologies
    enabling integration of electric vehicles onto the electric grid.''.
    SEC. 8005. ADVISORY COMMITTEE.
        Title XIII of the Energy Independence and Security Act of 2007 (42
    U.S.C. 17381 et seq.) is amended by adding after section 1310 (as added
    by section 8003 of this Act) the following:
    ``SEC. 1311. ADVISORY COMMITTEE.
        ``(a) In General.--Not later than 180 days after the enactment of
    this section, the Secretary shall designate an existing advisory
    committee to advise the Secretary on the authorization of research,
    development, and demonstration projects under sections 1304 and 1304A.
        ``(b) Responsibility.--The Secretary shall annually solicit from
    the advisory committee--
            ``(1) comments to identify grid modernization technology needs;
            ``(2) an assessment of the progress of the research activities
        on grid modernization; and
            ``(3) assistance in annually updating grid modernization
        technology roadmaps.''.
    SEC. 8006. COORDINATION OF EFFORTS.
        In carrying out the amendments made by this title, the Secretary
    shall coordinate with relevant entities to the maximum extent
    practicable, including--
            (1) electric utilities;
            (2) private sector entities;
            (3) representatives of all sectors of the electric power
        industry;
            (4) transmission organizations;
            (5) transmission owners and operators;
            (6) distribution organizations;
            (7) distribution asset owners and operators;
            (8) State, Tribal, local, and territorial governments and
        regulatory authorities;
            (9) academic institutions;
            (10) the National Laboratories;
            (11) other Federal agencies;
            (12) nonprofit organizations;
            (13) the Federal Energy Regulatory Commission;
            (14) the North American Reliability Corporation;
            (15) independent system operators; and
            (16) programs and program offices at the Department.
    SEC. 8007. TECHNOLOGY DEMONSTRATION ON THE DISTRIBUTION GRID.
        (a) In General.--The Secretary shall establish a grant program to
    carry out eligible projects related to the modernization of the
    electric grid, including the application of technologies to improve
    observability, advanced controls, and prediction of system performance
    on the distribution system.
        (b) Eligible Projects.--To be eligible for a grant under subsection
    (a), a project shall--
            (1) be designed to improve the performance and efficiency of
        the future electric grid, while ensuring the continued provision of
        safe, secure, reliable, and affordable power; and
            (2) demonstrate--
                (A) secure integration and management of two or more energy
            resources, including distributed energy generation, combined
            heat and power, micro-grids, energy storage, electric vehicles,
            energy efficiency, demand response, and intelligent loads; and
                (B) secure integration and interoperability of
            communications and information technologies.
    SEC. 8008. VOLUNTARY MODEL PATHWAYS.
        (a) Establishment of Voluntary Model Pathways.--
            (1) Establishment.--Not later than 90 days after the date of
        enactment of this Act, the Secretary of Energy (in this section
        referred to as the ``Secretary''), in consultation with the
        steering committee established under paragraph (3), shall initiate
        the development of voluntary model pathways for modernizing the
        electric grid through a collaborative, public-private effort that--
                (A) produces illustrative policy pathways encompassing a
            diverse range of technologies that can be adapted for State and
            regional applications by regulators and policymakers;
                (B) facilitates the modernization of the electric grid and
            associated communications networks to achieve the objectives
            described in paragraph (2);
                (C) ensures a reliable, resilient, affordable, safe, and
            secure electric grid; and
                (D) acknowledges and accounts for different priorities,
            electric systems, and rate structures across States and
            regions.
            (2) Objectives.--The pathways established under paragraph (1)
        shall facilitate achievement of as many of the following objectives
        as practicable:
                (A) Near real-time situational awareness of the electric
            system.
                (B) Data visualization.
                (C) Advanced monitoring and control of the advanced
            electric grid.
                (D) Enhanced certainty of policies for investment in the
            electric grid.
                (E) Increased innovation.
                (F) Greater consumer empowerment.
                (G) Enhanced grid resilience, reliability, and robustness.
                (H) Improved--
                    (i) integration of distributed energy resources;
                    (ii) interoperability of the electric system; and
                    (iii) predictive modeling and capacity forecasting.
                (I) Reduced cost of service for consumers.
                (J) Diversification of generation sources.
            (3) Steering committee.--Not later than 90 days after the date
        of enactment of this Act, the Secretary shall establish a steering
        committee to help develop the pathways under paragraph (1), to be
        composed of members appointed by the Secretary, consisting of
        persons with appropriate expertise representing a diverse range of
        interests in the public, private, and academic sectors, including
        representatives of--
                (A) the Federal Energy Regulatory Commission;
                (B) the National Laboratories;
                (C) States;
                (D) State regulatory authorities;
                (E) transmission organizations;
                (F) representatives of all sectors of the electric power
            industry;
                (G) institutions of higher education;
                (H) independent research institutes; and
                (I) other entities.
        (b) Technical Assistance.--The Secretary may provide technical
    assistance to States, Indian Tribes, or units of local government to
    adopt or implement one or more elements of the pathways developed under
    subsection (a)(1), including on a pilot basis.
    SEC. 8009. PERFORMANCE METRICS FOR ELECTRICITY INFRASTRUCTURE
    PROVIDERS.
        (a) In General.--Not later than 2 years after the date of enactment
    of this Act, the Secretary of Energy, in consultation with the steering
    committee established under section 8008(a)(3), shall submit to the
    Committee on Energy and Natural Resources of the Senate and the
    Committee on Energy and Commerce of the House of Representatives a
    report that includes--
            (1) an evaluation of the performance of the electric grid as of
        the date of the report; and
            (2) a description of the projected range of measurable costs
        and benefits associated with the changes evaluated under the
        scenarios developed under section 1304A of the Energy Independence
        and Security Act of 2007.
        (b) Considerations for Development of Metrics.--In developing
    metrics for the evaluation and projections under subsection (a), the
    Secretary of Energy shall consider--
            (1) standard methodologies for calculating improvements or
        deteriorations in the performance metrics, such as reliability,
        grid efficiency, power quality, consumer satisfaction,
        sustainability, and financial incentives;
            (2) standard methodologies for calculating potential costs and
        measurable benefits value to ratepayers, applying the performance
        metrics developed under paragraph (1);
            (3) identification of tools, resources, and deployment models
        that may enable improved performance through the adoption of
        emerging, commercially available or advanced grid technologies or
        solutions, including--
                (A) multicustomer micro-grids;
                (B) distributed energy resources;
                (C) energy storage;
                (D) electric vehicles;
                (E) electric vehicle charging infrastructure;
                (F) integrated information and communications systems;
                (G) transactive energy systems; and
                (H) advanced demand management systems; and
            (4) the role of States and local regulatory authorities in
        enabling a robust future electric grid to ensure that--
                (A) electric utilities remain financially viable;
                (B) electric utilities make the needed investments that
            ensure a reliable, secure, and resilient grid; and
                (C) costs incurred to transform to an integrated grid are
            allocated and recovered responsibly, efficiently, and
            equitably.
    SEC. 8010. VOLUNTARY STATE, REGIONAL, AND LOCAL ELECTRICITY
    DISTRIBUTION PLANNING.
        (a) In General.--On the request of a State, regional organization,
    or electric utility, the Secretary of Energy shall provide assistance
    to States, regional organizations, and electric utilities to facilitate
    the development of State, regional, and local electricity distribution
    plans by--
            (1) conducting a resource assessment and analysis of future
        demand and distribution requirements; and
            (2) developing open source tools for State, regional, and local
        planning and operations.
        (b) Risk and Security Analysis.--The assessment under subsection
    (a)(1) shall include--
            (1) the evaluation of the physical security, cybersecurity, and
        associated communications needs of an advanced distribution
        management system and the integration of distributed energy
        resources; and
            (2) advanced use of grid architecture to analyze risks in an
        all-hazards approach that includes communications infrastructure,
        control systems architecture, and power systems architecture.
        (c) Designation.--The information collected for the assessment and
    analysis under subsection (a)(1)--
            (1) shall be considered to be critical electric infrastructure
        information under section 215A of the Federal Power Act (16 U.S.C.
        824o-1); and
            (2) shall only be released in compliance with regulations
        implementing that section.
        (d) Technical Assistance.--For the purpose of assisting in the
    development of State and regional electricity distribution plans, the
    Secretary shall provide technical assistance to--
            (1) States;
            (2) regional reliability entities; and
            (3) other distribution asset owners and operators.
        (e) Withdrawal.--A State or any entity that has requested technical
    assistance under this section may withdraw the request for technical
    assistance at any time, and on such withdrawal, the Secretary shall
    terminate all assistance efforts.
        (f) Effect.--Nothing in this section authorizes the Secretary to
    require any State, regional organization, regional reliability entity,
    asset owner, or asset operator to adopt any model, tool, plan,
    analysis, or assessment.
    SEC. 8011. MICRO-GRID AND INTEGRATED MICRO-GRID SYSTEMS PROGRAM.
        (a) Definitions.--In this section:
            (1) Integrated micro-grid system.--The term ``integrated micro-
        grid system'' means a micro-grid system that--
                (A) comprises generation from both conventional and
            renewable energy resources; and
                (B) may use grid-scale energy storage.
            (2) Isolated community.--The term ``isolated community'' means
        a community that is powered by a stand-alone electric generation
        and distribution system without the economic and reliability
        benefits of connection to a regional electric grid.
            (3) Micro-grid system.--The term ``micro-grid system'' means a
        localized grid that operates autonomously, regardless of whether
        the grid can operate in connection with another grid.
            (4) Rural electric cooperative.--The term ``rural electric
        cooperative'' means an electric cooperative (as defined in section
        3 of the Federal Power Act (16 U.S.C. 796)) that sells electric
        energy to persons in rural areas.
            (5) Strategy.--The term ``strategy'' means the strategy
        developed pursuant to subsection (b)(2)(B).
        (b) Program.--
            (1) Establishment.--The Secretary of Energy (in this section
        referred to as the ``Secretary'') shall establish a program to
        promote the development of--
                (A) integrated micro-grid systems for isolated communities;
            and
                (B) micro-grid systems to increase the resilience of
            critical infrastructure.
            (2) Requirements.--The program established under paragraph (1)
        shall--
                (A) develop a feasibility assessment for--
                    (i) integrated micro-grid systems in isolated
                communities; and
                    (ii) micro-grid systems to enhance the resilience of
                critical infrastructure;
                (B) develop an implementation strategy, in accordance with
            paragraph (3), to promote the development of integrated micro-
            grid systems for isolated communities, particularly for those
            communities exposed to extreme weather conditions and high
            energy costs, including electricity, space heating and cooling,
            and transportation;
                (C) develop an implementation strategy to promote the
            development of micro-grid systems that increase the resilience
            of critical infrastructure; and
                (D) carry out cost-shared demonstration projects, based
            upon the strategies developed under subparagraph (B) that
            include the development of physical and cybersecurity plans to
            take appropriate measures to protect and secure the electric
            grid.
            (3) Requirements for strategy.--In developing the strategy
        under paragraph (2)(B), the Secretary shall consider--
                (A) opportunities for improving the efficiency of existing
            integrated micro-grid systems;
                (B) the capacity of the local workforce to operate,
            maintain, and repair a integrated micro-grid system as well as
            opportunities to improve that capacity;
                (C) leveraging existing capacity within local or regional
            research organizations, such as organizations based at
            institutions of higher education, to support development of
            integrated micro-grid systems, including by testing novel
            components and systems prior to field deployment;
                (D) the need for basic infrastructure to develop, deploy,
            and sustain a integrated micro-grid system;
                (E) input of traditional knowledge from local leaders of
            isolated communities in the development of a integrated micro-
            grid system;
                (F) the impact of integrated micro-grid systems on defense,
            homeland security, economic development, and environmental
            interests;
                (G) opportunities to leverage existing interagency
            coordination efforts and recommendations for new interagency
            coordination efforts to minimize unnecessary overhead,
            mobilization, and other project costs; and
                (H) any other criteria the Secretary determines
            appropriate.
        (c) Collaboration.--The program established under subsection (b)(1)
    shall be carried out in collaboration with relevant stakeholders,
    including, as appropriate--
            (1) States;
            (2) Indian Tribes;
            (3) regional entities and regulators;
            (4) units of local government;
            (5) institutions of higher education; and
            (6) private sector entities.
        (d) Report.--Not later than 180 days after the date of enactment of
    this Act, and annually thereafter until calendar year 2029, the
    Secretary shall submit to the Committee on Energy and Natural Resources
    of the Senate and the Committee on Energy and Commerce of the House of
    Representatives a report on the efforts to implement the program
    established under subsection (b)(1) and the status of the strategy
    developed under subsection (b)(2)(B).
        (e) Barriers and Benefits to Micro-grid Systems.--
            (1) Report.--Not later than 270 days after the date of
        enactment of this Act, the Secretary shall submit to the Committee
        on Energy and Natural Resources of the Senate and the Committee on
        Energy and Commerce of the House of Representatives a report on the
        benefits of, and barriers to, implementing resilient micro-grid
        systems that are--
                (A)(i) owned or operated by an isolated community, rural
            electric cooperative, or municipal government; or
                (ii) operated on behalf of a municipal government or rural
            electric cooperative; and
                (B) designed to maximize the use of--
                    (i) energy-generation facilities owned or operated by
                isolated communities; or
                    (ii) a municipal or rural electric cooperative energy-
                generation facility.
            (2) Grants to overcome barriers.--The Secretary shall award
        grants of not more than $500,000 to not fewer than 20 municipal
        governments, rural electric cooperatives, or isolated communities,
        up to a total of $15,000,000, each year to assist those municipal
        governments, rural electric cooperatives, and isolated communities
        in overcoming the barriers identified in the report under paragraph
        (1).
    SEC. 8012. TECHNICAL AMENDMENTS; AUTHORIZATION OF APPROPRIATIONS.
        (a) Technical Amendments.--
            (1) Energy independence and security act of 2007.--Section 1(b)
        of the Energy Independence and Security Act of 2007 is amended in
        the table of contents--
                (A) by inserting the following after the item related to
            section 136:

    ``Sec. 137. Research and development into integrating electric vehicles
              onto the electric grid.'';

                (B) by inserting the following after the item related to
            section 1304:

    ``Sec. 1304A. Smart grid modeling, visualization, architecture, and
              controls.''; and

                (C) by inserting the following after the item related to
            section 1309:

    ``Sec. 1310. Integrated energy systems.
    ``Sec. 1311. Advisory committee.''.

            (2) Energy policy act of 2005.--Section 1(b) of the Energy
        Policy Act of 2005 is amended in the table of contents by inserting
        the following after the item related to section 935:

    ``Sec. 936. Research and development into integrating renewable energy
              onto the electric grid.''.

        (b) Authorization of Appropriations.--There are authorized to be
    appropriated--
            (1) to carry out section 8006 and the amendments made by
        sections 8001, 8002, and 8005 of this title--
                (A) $175,000,000 for fiscal year 2021;
                (B) $180,000,000 for fiscal year 2022;
                (C) $185,000,000 for fiscal year 2023;
                (D) $190,000,000 for fiscal year 2024; and
                (E) $199,500,000 for fiscal year 2025;
            (2) to carry out sections 8007, 8008, 8009, 8010, and 8011 of
        this title $175,000,000 for each of fiscal years 2021 through 2025;
            (3) to carry out section 8003 of this title--
                (A) $21,000,000 for fiscal year 2021;
                (B) $22,050,000 for fiscal year 2022;
                (C) $23,153,000 for fiscal year 2023;
                (D) $24,310,000 for fiscal year 2024; and
                (E) $25,525,000 for fiscal year 2025; and
            (4) to carry out section 8004 of this title--
                (A) $52,500,000 for fiscal year 2021;
                (B) $55,152,000 for fiscal year 2022;
                (C) $57,882,000 for fiscal year 2023;
                (D) $60,775,000 for fiscal year 2024; and
                (E) $63,814,000 for fiscal year 2025.
    SEC. 8013. INDIAN ENERGY.
        (a) Definition of Indian Land.--Section 2601(2) of the Energy
    Policy Act of 1992 (25 U.S.C. 3501(2)) is amended--
            (1) in subparagraph (B)(iii), by striking ``and'';
            (2) in subparagraph (C), by striking ``land.'' and inserting
        ``land;''; and
            (3) by adding at the end the following subparagraphs:
                ``(D) any land located in a census tract in which the
            majority of residents are Natives (as defined in section 3(b)
            of the Alaska Native Claims Settlement Act (43 U.S.C.
            1602(b))); and
                ``(E) any land located in a census tract in which the
            majority of residents are persons who are enrolled members of a
            federally recognized Tribe or village.''.
        (b) Reduction of Cost Share.--Section 2602(b)(5) of the Energy
    Policy Act of 1992 (25 U.S.C. 3502(b)(5)) is amended by adding at the
    end the following subparagraphs:
            ``(D) The Secretary of Energy may reduce any applicable cost
        share required of an Indian tribe, intertribal organization, or
        tribal energy development organization in order to receive a grant
        under this subsection to not less than 10 percent if the Indian
        tribe, intertribal organization, or tribal energy development
        organization meets criteria developed by the Secretary of Energy,
        including financial need.
            ``(E) Section 988 of the Energy Policy Act of 2005 (42 U.S.C.
        16352) shall not apply to assistance provided under this
        subsection.''.
        (c) Authorization of Appropriations.--Section 2602(b)(7) of the
    Energy Policy Act of 1992 (25 U.S.C. 3502(b)(7)) is amended by striking
    `` $20,000,000 for each of fiscal years 2006 through 2016'' and
    inserting `` $30,000,000 for each of fiscal years 2021 through 2025''.
    SEC. 8014. REPORT ON ELECTRICITY ACCESS AND RELIABILITY.
        (a) Assessment.--The Secretary of Energy shall conduct an
    assessment of the status of access to electricity by households
    residing in Tribal communities or on Indian land, and the reliability
    of electric service available to households residing in Tribal
    communities or on Indian land, as compared to the status of access to
    and reliability of electricity within neighboring States or within the
    State in which Indian land is located.
        (b) Consultation.--The Secretary of Energy shall consult with
    Indian Tribes, Tribal organizations, the North American Electricity
    Reliability Corporation, and the Federal Energy Regulatory Commission
    in the development and conduct of the assessment under subsection (a).
    Indian Tribes and Tribal organizations shall have the opportunity to
    review and make recommendations regarding the development of the
    assessment and the findings of the assessment, prior to the submission
    of the report under subsection (c).
        (c) Report.--Not later than 18 months after the date of enactment
    of this Act, the Secretary of Energy shall submit to the Committee on
    Energy and Commerce of the House of Representatives and the Committee
    on Energy and Natural Resources of the Senate a report on the results
    of the assessment conducted under subsection (a), which shall include--
            (1) a description of generation, transmission, and distribution
        assets available to provide electricity to households residing in
        Tribal communities or on Indian land;
            (2) a survey of the retail and wholesale prices of electricity
        available to households residing in Tribal communities or on Indian
        land;
            (3) a description of participation of Tribal members in the
        electric utility workforce, including the workforce for
        construction and maintenance of renewable energy resources and
        distributed energy resources;
            (4) the percentage of households residing in Tribal communities
        or on Indian land that do not have access to electricity;
            (5) the potential of distributed energy resources to provide
        electricity to households residing in Tribal communities or on
        Indian land;
            (6) the potential for tribally-owned electric utilities or
        electric utility assets to participate in or benefit from regional
        electricity markets;
            (7) a description of the barriers to providing access to
        electric service to households residing in Tribal communities or on
        Indian land; and
            (8) recommendations to improve access to and reliability of
        electric service for households residing in Tribal communities or
        on Indian land.
        (d) Definitions.--In this section:
            (1) Tribal member.--The term ``Tribal member'' means a person
        who is an enrolled member of a federally recognized Tribe or
        village.
            (2) Tribal community.--The term ``Tribal community'' means a
        community in a United States census tract in which the majority of
        residents are persons who are enrolled members of a federally
        recognized Tribe or village.
    SEC. 8015. NET METERING STUDY AND EVALUATION.
        (a) In General.--Not later than 180 days after the date of
    enactment of this Act, the Secretary of Energy shall seek to enter into
    an agreement with the National Academies of Sciences, Engineering, and
    Medicine (referred to in this section as the ``National Academies'')
    under which the National Academies shall--
            (1) study the opportunities and challenges associated with net
        metering; and
            (2) evaluate the expected medium- and long-term impacts of net
        metering.
        (b) Elements.--The study and evaluation conducted pursuant to the
    agreement entered into under subsection (a) shall address--
            (1) developments in net metering, including the emergence of
        new technologies;
            (2) alternatives to existing metering systems that--
                (A) provide for transactions that--
                    (i) measure electric energy consumption by an electric
                consumer at the home or facility of that electric consumer;
                and
                    (ii) are capable of sending electric energy usage
                information through a communications network to an electric
                utility;
                (B) promote equitable distribution of resources and costs;
            and
                (C) provide incentives for the use of distributed renewable
            generation;
            (3) net metering planning and operating techniques;
            (4) effective architecture for net metering;
            (5) successful net metering business models;
            (6) consumer and industry incentives for net metering;
            (7) the role of renewable resources in the electric grid;
            (8) the role of net metering in developing future models for
        renewable infrastructure; and
            (9) the use of battery storage with net metering.
        (c) Report.--
            (1) In general.--The agreement entered into under subsection
        (a) shall require the National Academies to submit to the Secretary
        of Energy, not later than 2 years after entering into the
        agreement, a report that describes the results of the study and
        evaluation conducted pursuant to the agreement.
            (2) Public availability.--The report submitted under paragraph
        (1) shall be made available to the public through electronic means,
        including the internet.

                   TITLE IX--DEPARTMENT OF ENERGY INNOVATION

    SEC. 9001. OFFICE OF TECHNOLOGY TRANSITIONS.
        Section 1001 of the Energy Policy Act of 2005 (42 U.S.C. 16391) is
    amended--
            (1) by striking subsection (a) and all that follows through
        ``The Coordinator'' in subsection (b) and inserting the following:
        ``(a) Office of Technology Transitions.--
            ``(1) Establishment.--There is established within the
        Department an Office of Technology Transitions (referred to in this
        section as the `Office').
            ``(2) Mission.--The mission of the Office shall be--
                ``(A) to expand the commercial impact of the research
            investments of the Department; and
                ``(B) to focus on commercializing technologies that support
            the missions of the Department, including reducing greenhouse
            gas emissions and other pollutants.
            ``(3) Goals.--
                ``(A) In general.--In carrying out the mission and
            activities of the Office, the Chief Commercialization Officer
            appointed under paragraph (4) shall, with respect to
            commercialization activities, meet all of the goals described
            in subparagraph (B).
                ``(B) Goals described.--The goals referred to in
            subparagraph (A) are the following:
                    ``(i) Reduction of greenhouse gas emissions and other
                pollutants.
                    ``(ii) Ensuring economic competitiveness.
                    ``(iii) Enhancement of domestic energy security and
                national security.
                    ``(iv) Enhancement of domestic jobs.
                    ``(v) Improvement of energy efficiency.
                    ``(vi) Any other goals to support the transfer of
                technology developed by Department-funded programs to the
                private sector, as consistent with missions of the
                Department.
            ``(4) Chief commercialization officer.--
                ``(A) In general.--The Office shall be headed by an
            officer, who shall be known as the `Chief Commercialization
            Officer', and who shall report directly to, and be appointed
            by, the Secretary.
                ``(B) Principal advisor.--The Chief Commercialization
            Officer shall be the principal advisor to the Secretary on all
            matters relating to technology transfer and commercialization.
                ``(C) Qualifications.--The Chief Commercialization
            Officer'';
            (2) in subsection (c)--
                (A) in paragraph (1), by striking ``subsection (d)'' and
            inserting ``subsection (b)'';
                (B) by redesignating paragraphs (1) through (4) as clauses
            (i) through (iv), respectively, and indenting appropriately;
            and
                (C) by striking the subsection designation and heading and
            all that follows through ``The Coordinator'' in the matter
            preceding clause (i) (as so redesignated) and inserting the
            following:
                ``(D) Duties.--The Chief Commercialization Officer'';
            (3) by adding at the end of subsection (a) (as amended by
        paragraph (2)(C)) the following:
            ``(5) Coordination.--In carrying out the mission and activities
        of the Office, the Chief Commercialization Officer shall coordinate
        with the senior leadership of the Department, other relevant
        program offices of the Department, National Laboratories, the
        Technology Transfer Working Group established under subsection (b),
        the Technology Transfer Policy Board, and other stakeholders
        (including private industry).'';
            (4) by redesignating subsections (d) through (h) as subsections
        (b) through (f), respectively;
            (5) in subsection (f) (as so redesignated), by striking
        ``subsection (e)'' and inserting ``subsection (c)''; and
            (6) by adding at the end the following:
        ``(g) Additional Technology Transfer Programs.--The Secretary may
    develop additional programs to--
            ``(1) support regional energy innovation systems;
            ``(2) support clean energy incubators;
            ``(3) provide small business vouchers;
            ``(4) provide financial and technical assistance for
        entrepreneurial fellowships at national laboratories;
            ``(5) encourage students, energy researchers, and national
        laboratory employees to develop entrepreneurial skillsets and
        engage in entrepreneurial opportunities;
            ``(6) support private companies and individuals in partnering
        with National Laboratories; and
            ``(7) further support the mission and goals of the Office.''.
    SEC. 9002. LAB PARTNERING SERVICE PILOT PROGRAM.
        (a) Pilot Program.--
            (1) In general.--The Secretary of Energy (in this section
        referred to as the ``Secretary''), acting through the Chief
        Commercialization Officer established in section 1001(a) of the
        Energy Policy Act of 2005 (42 U.S.C. 16391(a)), shall establish a
        Lab Partnering Service Pilot Program (hereinafter in this section
        referred to as the ``pilot program'').
            (2) Purposes.--The purposes of the pilot program are to provide
        services that encourage and support partnerships between the
        National Laboratories and public and private sector entities, and
        to improve communication of research, development, demonstration,
        and commercial application projects and opportunities at the
        National Laboratories to potential partners through the development
        of a website and the provision of services, in collaboration with
        relevant external entities, and to identify and develop metrics
        regarding the effectiveness of such partnerships.
            (3) Activities.--In carrying out this pilot program, the
        Secretary shall--
                (A) conduct outreach to and engage with relevant public and
            private entities;
                (B) identify and disseminate best practices for
            strengthening connections between the National Laboratories and
            public and private sector entities; and
                (C) develop a website to disseminate information on--
                    (i) different partnering mechanisms for working with
                the National Laboratories;
                    (ii) National Laboratory experts and research areas;
                and
                    (iii) National Laboratory facilities and user
                facilities.
        (b) Metrics.--The Secretary shall support the development of
    metrics, including conversion metrics, to determine the effectiveness
    of the pilot program in achieving the purposes in subsection (a) and
    the number and types of partnerships established between public and
    private sector entities and the National Laboratories compared to
    baseline data.
        (c) Coordination.--In carrying out the activities authorized in
    this section, the Secretary shall coordinate with the Directors of (and
    dedicated technology transfer staff at) the National Laboratories, in
    particular for matchmaking services for individual projects, which
    should be led by the National Laboratories.
        (d) Funding Employee Partnering Activities.--The Secretary shall
    delegate to the Directors of each National Laboratory and single-
    purpose research facility of the Department the authority to compensate
    National Laboratory employees providing services under this section.
        (e) Duration.--Subject to the availability of appropriations, the
    pilot program established in this section shall operate for not less
    than 3 years and may be built off an existing program.
        (f) Evaluation.--Not later than 6 months after the completion of
    this pilot program, the Secretary shall support the evaluation of the
    success of the pilot program in achieving the purposes in subsection
    (a) and shall submit the evaluation to the Committee on Science, Space,
    and Technology of the House of Representatives and the Committee on
    Energy and Natural Resources of the Senate. The assessment shall
    include analyses of the performance of the pilot program based on the
    metrics developed under subsection (b).
        (g) Definition.--In this section, the term ``National Laboratory''
    has the meaning given such term in section 2(3) of the Energy Policy
    Act of 2005 (42 U.S.C. 15801(3)).
    SEC. 9003. TECHNOLOGY COMMERCIALIZATION FUND.
        Section 1001(e) of the Energy Policy Act of 2005 (42 U.S.C.
    16391(e)) is amended to read as follows:
        ``(e) Technology Commercialization Fund.--
            ``(1) Establishment.--The Secretary, acting through the Chief
        Commercialization Officer established in section 1001(a) of the
        Energy Policy Act of 2005 (42 U.S.C. 16391(a)), shall establish a
        Technology Commercialization Fund (hereafter referred to as the
        `Fund'), using nine-tenths of one percent of the amount of
        appropriations made available to the Department for applied energy
        research, development, demonstration, and commercial application
        for each fiscal year, to be used to provide, in accordance with the
        cost-sharing requirements under section 988, funds to private
        partners, including national laboratories, to promote promising
        energy technologies for commercial purposes.
            ``(2) Applications.--
                ``(A) Considerations.--The Secretary shall develop criteria
            for evaluating applications for funding under this section,
            which may include--
                    ``(i) the potential that a proposed technology will
                result in a commercially successful product within a
                reasonable timeframe; and
                    ``(ii) the relative maturity of a proposed technology
                for commercial application.
                ``(B) Selections.--In awarding funds under this section,
            the Secretary may give special consideration to applications
            that involve at least one applicant that has participated in an
            entrepreneurial or commercialization training program, such as
            Energy Innovation Corps.
        ``(f) Annual Report.--The Secretary shall include in the annual
    report required under section 9007(a) of the Energy Act of 2020--
            ``(1) description of the projects carried out with awards from
        the Fund for that fiscal year;
            ``(2) each project's cost-share for that fiscal year; and
            ``(3) each project's partners for that fiscal year.
        ``(g) Technology Commercialization Fund Report.--
            ``(1) In general.--Not later than 1 year after the date of
        enactment of the Energy Act of 2020, the Secretary shall submit to
        the Committee on Science, Space, and Technology and Committee on
        Appropriations of the House of Representatives and the Committee on
        Energy and Natural Resources and Committee on Appropriations of the
        Senate a report on the current and recommended implementation of
        the Fund.
            ``(2) Contents.--The report under subparagraph (A) shall
        include--
                ``(A) a summary, with supporting data, of how much
            Department program offices contribute to and use the Fund each
            year, including a list of current funding restrictions;
                ``(B) recommendations on how to improve implementation and
            administration of the Fund; and
                ``(C) an analysis on how to spend funds optimally on
            technology areas that have the greatest need and opportunity
            for commercial application, rather than spending funds at the
            programmatic level or under current funding restrictions.''.
    SEC. 9004. STREAMLINING PRIZE COMPETITIONS.
        Section 1008 of the Energy Policy Act of 2005 (42 U.S.C. 16396) is
    amended by inserting after subsection (d) the following (and
    redesignating subsections (f) and (g) as subsections (g) and (h),
    respectively):
        ``(e) Coordination.--In carrying out subsection (a), and for any
    prize competitions under section 105 of the America Creating
    Opportunities to Meaningfully Promote Excellence in Technology,
    Education, and Science Reauthorization Act of 2010, the Secretary
    shall--
            ``(1) issue Department-wide guidance on the design,
        development, and implementation of prize competitions;
            ``(2) collect and disseminate best practices on the design and
        administration of prize competitions;
            ``(3) streamline contracting mechanisms for the implementation
        of prize competitions; and
            ``(4) provide training and prize competition design support, as
        necessary, to Department staff to develop prize competitions and
        challenges.''.
    SEC. 9005. MILESTONE-BASED DEMONSTRATION PROJECTS.
        (a) In General.--Acting under section 646(g) of the Department of
    Energy Organization Act (42 U.S.C. 7256(g)), notwithstanding paragraph
    (10) of such section, the Secretary of Energy (in this section referred
    to as the ``Secretary'') may carry out demonstration projects as a
    milestone-based demonstration project that requires particular
    technical and financial milestones to be met before a participant is
    awarded grants by the Department through a competitive award process.
        (b) Requirements.--In carrying out milestone-based demonstration
    projects under the authority in paragraph (1), the Secretary shall, for
    each relevant project--
            (1) request proposals from eligible entities, as determined by
        the Secretary, including--
                (A) a business plan, that may include a plan for scalable
            manufacturing and a plan for addressing supply chain gaps;
                (B) a plan for raising private sector investment; and
                (C) proposed technical and financial milestones, including
            estimated project timelines and total costs; and
            (2) award funding of a predetermined amount to projects that
        successfully meet proposed milestones under paragraph (1)(C) or for
        expenses deemed reimbursable by the Secretary, in accordance with
        terms negotiated for an individual award;
            (3) require cost sharing in accordance with section 988 of the
        Energy Policy Act of 2005; and
            (4) communicate regularly with selected eligible entities and,
        if the Secretary deems appropriate, exercise small amounts of
        flexibility for technical and financial milestones as projects
        mature.
        (c) Awards.--For the program established under subsection (a)--
            (1) an award recipient shall be responsible for all costs until
        milestones are achieved, or reimbursable expenses are reviewed and
        verified by the Department; and
            (2) should an awardee not meet the milestones described in
        subsection (a), the Secretary or their designee may end the
        partnership with an award recipient and use the remaining funds in
        the ended agreement for new or existing projects carried out under
        this section.
        (d) Project Management.--In carrying out projects under this
    program and assessing the completion of their milestones in accordance
    with subsection (b), the Secretary shall consult with experts that
    represent diverse perspectives and professional experiences, including
    those from the private sector, to ensure a complete and thorough
    review.
        (e) Report.--In accordance with section 9007(a), the Secretary
    shall report annually on any demonstration projects carried out using
    the authorities under this section.
    SEC. 9006. OTHER TRANSACTION AUTHORITY EXTENSION.
        (a) Subsection 646(g)(10) of the Department of Energy Organization
    Act (42 U.S.C. 7256(g)(10)) is amended by striking ``September 30,
    2020'' and inserting ``September 30, 2030''.
        (b) The provisions of section 602 of the Public Works and Economic
    Development Act of 1965 (42 U.S.C. 3212) shall apply with respect to
    construction, alteration, or repair work of demonstration projects
    funded by grants or contracts authorized under sections 3001, 3003,
    3004, 5001, and 8007 and the amendments made by such sections.
    SEC. 9007. TECHNOLOGY TRANSFER REPORTS AND EVALUATION.
        (a) Annual Report.--As part of the updated technology transfer
    execution plan required each year under section 1001(h)(2) of the
    Energy Policy Act of 2005 (42 U.S.C. 16391(g)(2)), the Secretary of
    Energy (in this section referred to as the ``Secretary'') shall submit
    to the Committee on Science, Space, and Technology of the House of
    Representatives and the Committee on Energy and Natural Resources of
    the Senate a report on the progress and implementation of programs
    established under sections 9001, 9002, 9003, 9004, and 9005 of this
    Act.
        (b) Evaluation.--Not later than 3 years after the enactment of this
    Act and every 3 years thereafter the Secretary shall submit to the
    Committee on Science, Space, and Technology of the House of
    Representatives and the Committee on Energy and Natural Resources of
    the Senate an evaluation on the extent to which programs established
    under sections 9001, 9002, 9003, 9004, and 9005 of this Act are
    achieving success based on relevant short-term and long-term metrics.
        (c) Report on Technology Transfer Gaps.--Not later than 3 years
    after the enactment of this Act, the Secretary shall enter into an
    agreement with the National Academies of Science, Engineering, and
    Medicine to submit to the Committee on Science, Space, and Technology
    of the House of Representatives and the Committee on Energy and Natural
    Resources of the Senate a report on programmatic gaps that exist to
    advance the commercial application of technologies developed at the
    National Laboratories (as defined in section 2(3) of the Energy Policy
    Act of 2005 (42 U.S.C. 15801(3))).
    SEC. 9008. VETERANS' HEALTH INITIATIVE.
        (a) Purposes.--The purposes of this section are to advance
    Department of Energy expertise in artificial intelligence and high-
    performance computing in order to improve health outcomes for veteran
    populations by--
            (1) supporting basic research through the application of
        artificial intelligence, high-performance computing, modeling and
        simulation, machine learning, and large-scale data analytics to
        identify and solve outcome-defined challenges in the health
        sciences;
            (2) maximizing the impact of the Department of Veterans
        Affairs' health and genomics data housed at the National
        Laboratories, as well as data from other sources, on science,
        innovation, and health care outcomes through the use and
        advancement of artificial intelligence and high-performance
        computing capabilities of the Department;
            (3) promoting collaborative research through the establishment
        of partnerships to improve data sharing between Federal agencies,
        National Laboratories, institutions of higher education, and
        nonprofit institutions;
            (4) establishing multiple scientific computing user facilities
        to house and provision available data to foster transformational
        outcomes; and
            (5) driving the development of technology to improve artificial
        intelligence, high-performance computing, and networking relevant
        to mission applications of the Department, including modeling,
        simulation, machine learning, and advanced data analytics.
        (b) Veterans Health Research and Development.--
            (1) In general.--The Secretary of Energy (in this section
        referred to as the ``Secretary'') shall establish and carry out a
        research program in artificial intelligence and high-performance
        computing, focused on the development of tools to solve large-scale
        data analytics and management challenges associated with veteran's
        healthcare, and to support the efforts of the Department of
        Veterans Affairs to identify potential health risks and challenges
        utilizing data on long-term healthcare, health risks, and genomic
        data collected from veteran populations. The Secretary shall carry
        out this program through a competitive, merit-reviewed process, and
        consider applications from National Laboratories, institutions of
        higher education, multi-institutional collaborations, and other
        appropriate entities.
            (2) Program components.--In carrying out the program
        established under paragraph (1), the Secretary may--
                (A) conduct basic research in modeling and simulation,
            machine learning, large-scale data analytics, and predictive
            analysis in order to develop novel or optimized algorithms for
            prediction of disease treatment and recovery;
                (B) develop methods to accommodate large data sets with
            variable quality and scale, and to provide insight and models
            for complex systems;
                (C) develop new approaches and maximize the use of
            algorithms developed through artificial intelligence, machine
            learning, data analytics, natural language processing, modeling
            and simulation, and develop new algorithms suitable for high-
            performance computing systems and large biomedical data sets;
                (D) advance existing and construct new data enclaves
            capable of securely storing data sets provided by the
            Department of Veterans Affairs, Department of Defense, and
            other sources; and
                (E) promote collaboration and data sharing between National
            Laboratories, research entities, and user facilities of the
            Department by providing the necessary access and secure data
            transfer capabilities.
            (3) Coordination.--In carrying out the program established
        under paragraph (1), the Secretary is authorized--
                (A) to enter into memoranda of understanding in order to
            carry out reimbursable agreements with the Department of
            Veterans Affairs and other entities in order to maximize the
            effectiveness of Department research and development to improve
            veterans' healthcare;
                (B) to consult with the Department of Veterans Affairs and
            other Federal agencies as appropriate; and
                (C) to ensure that data storage meets all privacy and
            security requirements established by the Department of Veterans
            Affairs, and that access to data is provided in accordance with
            relevant Department of Veterans Affairs data access policies,
            including informed consent.
            (4) Report.--Not later than 2 years after the date of enactment
        of this Act, the Secretary shall submit to the Committee on Energy
        and Natural Resources and the Committee on Veterans' Affairs of the
        Senate, and the Committee on Science, Space, and Technology and the
        Committee on Veterans' Affairs of the House of Representatives, a
        report detailing the effectiveness of--
                (A) the interagency coordination between each Federal
            agency involved in the research program carried out under this
            subsection;
                (B) collaborative research achievements of the program; and
                (C) potential opportunities to expand the technical
            capabilities of the Department.
            (5) Funding.--There is authorized to be appropriated to the
        Secretary of Veterans Affairs to carry out this subsection
        $27,000,000 for fiscal year 2021.
        (c) Interagency Collaboration.--
            (1) In general.--The Secretary is authorized to carry out
        research, development, and demonstration activities to develop
        tools to apply to big data that enable Federal agencies,
        institutions of higher education, nonprofit research organizations,
        and industry to better leverage the capabilities of the Department
        to solve complex, big data challenges. The Secretary shall carry
        out these activities through a competitive, merit-reviewed process,
        and consider applications from National Laboratories, institutions
        of higher education, multi-institutional collaborations, and other
        appropriate entities.
            (2) Activities.--In carrying out the research, development, and
        demonstration activities authorized under paragraph (1), the
        Secretary may--
                (A) utilize all available mechanisms to prevent duplication
            and coordinate research efforts across the Department;
                (B) establish multiple user facilities to serve as data
            enclaves capable of securely storing data sets created by
            Federal agencies, institutions of higher education, nonprofit
            organizations, or industry at National Laboratories; and
                (C) promote collaboration and data sharing between National
            Laboratories, research entities, and user facilities of the
            Department by providing the necessary access and secure data
            transfer capabilities.
            (3) Report.--Not later than 2 years after the date of enactment
        of this Act, the Secretary shall submit to the Committee on Energy
        and Natural Resources of the Senate and the Committee on Science,
        Space, and Technology of the House of Representatives a report
        evaluating the effectiveness of the activities authorized under
        paragraph (1).
            (4) Funding.--There are authorized to be appropriated to the
        Secretary to carry out this subsection $15,000,000 for each of
        fiscal years 2021 through 2025.
        (d) Definition.--In this section, the term ``National Laboratory''
    has the meaning given such term in section 2(3) of the Energy Policy
    Act of 2005 (42 U.S.C. 15801(3)).
    SEC. 9009. SUSTAINABLE TRANSPORTATION RESEARCH AND DEVELOPMENT.
        There are authorized to be appropriated to carry out research,
    development, demonstration, and commercial application activities
    within the Department of Energy's Offices of Hydrogen and Fuel Cell
    Technologies, Vehicle Technologies, and Bioenergy Technologies--
            (1) $830,000,000 for fiscal year 2021;
            (2) $855,000,000 for fiscal year 2022; and
            (3) $880,000,000 for fiscal year 2023.
    SEC. 9010. LOAN PROGRAM OFFICE TITLE XVII REFORM.
        (a) Terms and Conditions.--Section 1702 of the Energy Policy Act of
    2005 (42 U.S.C. 16512) is amended--
            (1) by amending subsection (b) to read as follows:
        ``(b) Specific Appropriation or Contribution.--
            ``(1) In general.--Except as provided in paragraph (2), the
        cost of a guarantee shall be paid by the Secretary using an
        appropriation made for the cost of the guarantee, subject to the
        availability of such an appropriation.
            ``(2) Insufficient appropriations.--If sufficient appropriated
        funds to pay the cost of a guarantee are not available, then the
        guarantee shall not be made unless--
                ``(A) the Secretary has received from the borrower a
            payment in full for the cost of the guarantee and deposited the
            payment into the Treasury; or
                ``(B) a combination of one or more appropriations and one
            or more payments from the borrower under this subsection has
            been made that is sufficient to cover the cost of the
            guarantee.'';
            (2) in subsection (d)(3), by striking ``is not subordinate''
        and inserting ``, including any reorganization, restructuring, or
        termination thereof, shall not at any time be subordinate'';
            (3) in subsection (h)--
                (A) by amending paragraph (1) to read as follows:
            ``(1) In general.--The Secretary shall charge, and collect on
        or after the date of the financial close of an obligation, a fee
        for a guarantee in an amount that the Secretary determines is
        sufficient to cover applicable administrative expenses (including
        any costs associated with third-party consultants engaged by the
        Secretary).''; and
                (B) by adding at the following:
            ``(3) Reduction in fee amount.--Notwithstanding paragraph (1)
        and subject to the availability of appropriations, the Secretary
        may reduce the amount of a fee for a guarantee under this
        subsection.''; and
            (4) by adding at the end the following:
        ``(l) Restructuring of Loan Guarantees.--The Secretary shall
    consult with the Secretary of the Treasury regarding any restructuring
    of the terms or conditions of a guarantee issued pursuant to this
    title, including with respect to any deviations from the financial
    terms of the guarantee.
        ``(m) Written Analysis.--
            ``(1) Requirement.--The Secretary may not make a guarantee
        under this title until the Secretary of the Treasury has
        transmitted to the Secretary, and the Secretary has taken into
        consideration, a written analysis of the financial terms and
        conditions of the proposed guarantee.
            ``(2) Transmission.--Not later than 30 days after receiving
        information on a proposed guarantee from the Secretary, the
        Secretary of the Treasury shall transmit the written analysis of
        the financial terms and conditions of the proposed guarantee
        required under paragraph (1) to the Secretary.
            ``(3) Explanation.--If the Secretary makes a guarantee the
        financial terms and conditions of which are not consistent with the
        written analysis required under this subsection, not later than 30
        days after making such guarantee, the Secretary shall submit to the
        Committee on Energy and Commerce and the Committee on Science,
        Space, and Technology of the House of Representatives, and the
        Committee on Energy and Natural Resources of the Senate, a written
        explanation of any material inconsistencies.
        ``(n) Application Status.--
            ``(1) Request.--If the Secretary does not make a final decision
        on an application for a guarantee under this title by the date that
        is 180 days after receipt of the application by the Secretary, the
        applicant may request, on or after that date and not more than once
        every 60 days thereafter until a final decision is made, that the
        Secretary provide to the applicant a response described in
        paragraph (2).
            ``(2) Response.--Not later than 10 days after receiving a
        request from an applicant under paragraph (1), the Secretary shall
        provide to the applicant a response that includes--
                ``(A) a description of the current status of review of the
            application;
                ``(B) a summary of any factors that are delaying a final
            decision on the application, a list of what items are required
            in order to reach a final decision, citations to authorities
            stating the reasons why such items are required, and a list of
            actions the applicant can take to expedite the process; and
                ``(C) an estimate of when a final decision on the
            application will be made.
        ``(o) Outreach.--In carrying out this title, the Secretary shall--
            ``(1) provide assistance with the completion of applications
        for a guarantee under this title;
            ``(2) conduct outreach, including through conferences and
        online programs, to disseminate information to potential
        applicants;
            ``(3) conduct outreach to encourage participation of supporting
        finance institutions and private lenders in eligible projects.
        ``(p) Coordination.--In carrying out this title, the Secretary
    shall coordinate activities under this title with activities of other
    relevant offices with the Department.
        ``(q) Report.--Not later than 2 years after the date of the
    enactment of this subsection and every 3 years thereafter, the
    Secretary shall submit to Congress a report on the status of
    applications for, and projects receiving, guarantees under this title,
    including--
            ``(1) a list of such projects, including the guarantee amount,
        construction status, and financing partners of each such project;
            ``(2) the status of each such project's loan repayment,
        including interest paid and future repayment projections;
            ``(3) an estimate of the air pollutant or greenhouse gas
        emissions avoided or reduced from each such project;
            ``(4) data regarding the number of direct and indirect jobs
        retained, restored, or created by such projects;
            ``(5) identification of--
                ``(A) technologies deployed by projects that have received
            guarantees that have subsequently been deployed commercially
            without guarantees; and
                ``(B) novel technologies that have been deployed by such
            projects and deployed in the commercial energy market;
            ``(6) the number of new projects projected to receive a
        guarantee under this title during the next 2 years and the
        aggregate guarantee amount;
            ``(7) the number of outreach engagements conducted with
        potential applicants;
            ``(8) the number of applications received and currently pending
        for each open solicitation; and
            ``(9) any other metrics the Secretary finds appropriate.''.
        (b) Project Eligibility Expansion.--Section 1703 of the Energy
    Policy Act of 2005 (42 U.S.C. 16513) is amended--
            (1) in subsection (a)--
                (A) in paragraph (1), by inserting ``, utilize'' after
            ``reduce''; and
                (B) in paragraph (2), by striking ``.'' and inserting ``,
            including projects that employ elements of commercial
            technologies in combination with new or significantly improved
            technologies.'';
            (2) in subsection (b)--
                (A) in paragraph (4), by inserting ``, including
            manufacturing of nuclear supply components for advanced nuclear
            reactors'' after ``facilities'';
                (B) by amending paragraph (5) to read as follows:
            ``(5) Carbon capture, utilization, and sequestration practices
        and technologies, including--
                ``(A) agricultural and forestry practices that store and
            sequester carbon; and
                ``(B) synthetic technologies to remove carbon from the air
            and oceans.''; and
                (C) by adding at the end the following:
            ``(11) Energy storage technologies for residential, industrial,
        transportation, and power generation applications.
            ``(12) Technologies or processes for reducing greenhouse gas
        emissions from industrial applications, including iron, steel,
        cement, and ammonia production, hydrogen production, and the
        generation of high-temperature heat.''; and
            (3) by adding at the end the following new subsection:
        ``(f) Regional Variation.--Notwithstanding subsection (a)(2), the
    Secretary may, if regional variation significantly affects the
    deployment of a technology, make guarantees under this title for up to
    6 projects that employ the same or similar technology as another
    project, provided no more than 2 projects that use the same or a
    similar technology are located in the same region of the United
    States.''.
        (c) Authorization of Appropriations.--Section 1704 of the Energy
    Policy Act of 2005 (42 U.S.C. 16514) is amended by adding at the end
    the following:
        ``(c) Administrative and Other Expenses.--There are authorized to
    be appropriated--
            ``(1) $32,000,000 for each of fiscal years 2021 through 2025 to
        carry out this title; and
            ``(2) for fiscal year 2021, in addition to amounts authorized
        under paragraph (1), $25,000,000, to remain available until
        expended, for administrative expenses described in section
        1702(h)(1) that are not covered by fees collected pursuant to
        section 1702(h).''.
    SEC. 9011. ESTABLISHED PROGRAM TO STIMULATE COMPETITIVE RESEARCH.
        Section 2203(b) of the Energy Policy Act of 1992 (42 U.S.C.
    13503(b)) is amended by striking paragraph (3) and inserting the
    following:
            ``(3) Established program to stimulate competitive research.--
                ``(A) Definitions.--In this paragraph:
                    ``(i) Eligible entity.--The term `eligible entity'
                means an institution of higher education located in an
                eligible jurisdiction.
                    ``(ii) Eligible jurisdiction.--The term `eligible
                jurisdiction' means a State that, as determined by the
                Secretary--

                        ``(I)(aa) historically has received relatively
                    little Federal research and development funding; and
                        ``(bb) has demonstrated a commitment--

                            ``(AA) to develop the research bases in the
                        State; and
                            ``(BB) to improve science and engineering
                        research and education programs at institutions of
                        higher education in the State; and

                        ``(II) is an eligible jurisdiction under the
                    criteria used by the Secretary to make awards under
                    this paragraph on the day before the date of enactment
                    of the Energy Act of 2020.

                    ``(iii) EPSCoR.--The term `EPSCoR' means the
                Established Program to Stimulate Competitive Research
                operated under subparagraph (B).
                    ``(iv) National laboratory.--The term `National
                Laboratory' has the meaning given the term in section 2 of
                the Energy Policy Act of 2005 (42 U.S.C. 15801).
                    ``(v) State.--The term `State' means--

                        ``(I) a State;
                        ``(II) the District of Columbia;
                        ``(III) the Commonwealth of Puerto Rico;
                        ``(IV) Guam;
                        ``(V) the United States Virgin Islands;
                        ``(VI) American Samoa; and
                        ``(VII) the Commonwealth of the Northern Mariana
                    Islands.

                ``(B) Program operation.--The Secretary shall operate an
            Established Program to Stimulate Competitive Research.
                ``(C) Objectives.--The objectives of EPSCoR shall be--
                    ``(i) to increase the number of researchers at
                institutions of higher education in eligible jurisdictions
                capable of performing nationally competitive science and
                engineering research in support of the mission of the
                Department of Energy in the areas of applied energy
                research, environmental management, and basic science;
                    ``(ii) to enhance the capabilities of institutions of
                higher education in eligible jurisdictions to develop,
                plan, and execute research that is competitive in the peer-
                review process; and
                    ``(iii) to increase the probability of long-term growth
                of competitive funding to institutions of higher education
                in eligible jurisdictions.
                ``(D) Grants in areas of applied energy research,
            environmental management, and basic science.--
                    ``(i) In general.--EPSCoR shall make grants to eligible
                entities to carry out and support applied energy research
                and research in all areas of environmental management and
                basic science sponsored by the Department of Energy,
                including--

                        ``(I) energy efficiency, fossil energy, renewable
                    energy, and other applied energy research;
                        ``(II) electricity delivery research;
                        ``(III) cybersecurity, energy security, and
                    emergency response;
                        ``(IV) environmental management; and
                        ``(V) basic science research.

                    ``(ii) Activities.--EPSCOR may make grants under this
                subparagraph for any activities consistent with the
                objectives described in subparagraph (C) in the areas of
                applied energy research, environmental management, and
                basic science described in clause (i), including--

                        ``(I) to support research at eligible entities that
                    is carried out in partnership with the National
                    Laboratories;
                        ``(II) to provide for graduate traineeships;
                        ``(III) to support research by early career
                    faculty; and
                        ``(IV) to improve research capabilities at eligible
                    entities through biennial implementation grants.

                    ``(iii) No cost sharing.--EPSCoR shall not impose any
                cost-sharing requirement with respect to a grant made under
                this subparagraph.
                ``(E) Other activities.--EPSCoR may carry out such
            activities as may be necessary to meet the objectives described
            in subparagraph (C) in the areas of applied energy research,
            environmental management, and basic science described in
            subparagraph (D)(i).
                ``(F) Program implementation.--
                    ``(i) In general.--Not later than 270 days after the
                date of enactment of the Energy Act of 2020, the Secretary
                shall submit to the Committees on Energy and Natural
                Resources and Appropriations of the Senate and the
                Committees on Energy and Commerce and Appropriations of the
                House of Representatives a plan describing how the
                Secretary shall implement EPSCoR.
                    ``(ii) Contents of plan.--The plan described in clause
                (i) shall include a description of--

                        ``(I) the management structure of EPSCoR, which
                    shall ensure that all research areas and activities
                    described in this paragraph are incorporated into
                    EPSCoR;
                        ``(II) efforts to conduct outreach to inform
                    eligible entities and faculty of changes to, and
                    opportunities under, EPSCoR;
                        ``(III) how EPSCoR plans to increase engagement
                    with eligible entities, faculty, and State committees,
                    including by holding regular workshops, to increase
                    participation in EPSCoR; and
                        ``(IV) any other issues relating to EPSCoR that the
                    Secretary determines appropriate.

                ``(G) Program evaluation.--
                    ``(i) In general.--Not later than 5 years after the
                date of enactment of the Energy Act of 2020, the Secretary
                shall contract with a federally funded research and
                development center, the National Academy of Sciences, or a
                similar organization to carry out an assessment of the
                effectiveness of EPSCoR, including an assessment of--

                        ``(I) the tangible progress made towards achieving
                    the objectives described in subparagraph (C);
                        ``(II) the impact of research supported by EPSCoR
                    on the mission of the Department of Energy; and
                        ``(III) any other issues relating to EPSCoR that
                    the Secretary determines appropriate.

                    ``(ii) Limitation.--The organization with which the
                Secretary contracts under clause (i) shall not be a
                National Laboratory.
                    ``(iii) Report.--Not later than 6 years after the date
                of enactment of the Energy Act of 2020, the Secretary shall
                submit to the Committees on Energy and Natural Resources
                and Appropriations of the Senate and the Committees on
                Energy and Commerce and Appropriations of the House of
                Representatives a report describing the results of the
                assessment carried out under clause (i), including
                recommendations for improvements that would enable the
                Secretary to achieve the objectives described in
                subparagraph (C).''.

                           TITLE X--ARPA-E AMENDMENTS

    SEC. 10001. ARPA-E AMENDMENTS.
        (a) Establishment.--Section 5012(b) of the America COMPETES Act (42
    U.S.C. 16538(b)) is amended by striking ``development of energy
    technologies'' and inserting ``development of transformative science
    and technology solutions to address the energy and environmental
    missions of the Department''.
        (b) Goals.--Section 5012(c) of the America COMPETES Act (42 U.S.C.
    16538(c)) is amended--
            (1) by striking paragraph (1)(A) and inserting the following:
                ``(A) to enhance the economic and energy security of the
            United States through the development of energy technologies
            that--
                    ``(i) reduce imports of energy from foreign sources;
                    ``(ii) reduce energy-related emissions, including
                greenhouse gases;
                    ``(iii) improve the energy efficiency of all economic
                sectors;
                    ``(iv) provide transformative solutions to improve the
                management, clean-up, and disposal of radioactive waste and
                spent nuclear fuel; and
                    ``(v) improve the resilience, reliability, and security
                of infrastructure to produce, deliver, and store energy;
                and''; and
            (2) in paragraph (2), in the matter preceding subparagraph (A),
        by striking ``energy technology projects'' and inserting ``advanced
        technology projects''.
        (c) Responsibilities.--Section 5012(e)(3)(A) of the America
    COMPETES Act (42 U.S.C. 16538(e)(3)(A)) is amended by striking
    ``energy''.
        (d) Reports and Roadmaps.--Section 5012(h) of the America COMPETES
    Act (42 U.S.C. 16538(h)) is amended to read as follows:
        ``(h) Reports and Roadmaps.--
            ``(1) Annual report.--As part of the annual budget request
        submitted for each fiscal year, the Director shall provide to the
        relevant authorizing and appropriations committees of Congress a
        report that--
                ``(A) describes projects supported by ARPA-E during the
            previous fiscal year;
                ``(B) describes projects supported by ARPA-E during the
            previous fiscal year that examine topics and technologies
            closely related to other activities funded by the Department,
            and includes an analysis of whether in supporting such
            projects, the Director is in compliance with subsection (i)(1);
            and
                ``(C) describes current, proposed, and planned projects to
            be carried out pursuant to subsection (e)(3)(D).
            ``(2) Strategic vision roadmap.--Not later than October 1,
        2021, and every four years thereafter, the Director shall provide
        to the relevant authorizing and appropriations committees of
        Congress a roadmap describing the strategic vision that ARPA-E will
        use to guide the choices of ARPA-E for future technology
        investments over the following 4 fiscal years.''.
        (e) Coordination and Nonduplication.--Section 5012(i)(1) of the
    America COMPETES Act (42 U.S.C. 16538(i)(1)) is amended to read as
    follows:
            ``(1) In general.--To the maximum extent practicable, the
        Director shall ensure that--
                ``(A) the activities of ARPA-E are coordinated with, and do
            not duplicate the efforts of, programs and laboratories within
            the Department and other relevant research agencies; and
                ``(B) ARPA-E does not provide funding for a project unless
            the prospective grantee demonstrates sufficient attempts to
            secure private financing or indicates that the project is not
            independently commercially viable.''.
        (f) Evaluation.--Section 5012(l) of the America COMPETES Act (42
    U.S.C. 16538(l)) is amended--
            (1) by striking paragraph (1) and inserting the following:
            ``(1) In general.--Not later than 3 years after the date of
        enactment of this paragraph, the Secretary is authorized to enter
        into a contract with the National Academy of Sciences under which
        the National Academy shall conduct an evaluation of how well ARPA-E
        is achieving the goals and mission of ARPA-E.''; and
            (2) in paragraph (2)--
                (A) in the matter preceding subparagraph (A), by striking
            ``shall'' and inserting ``may''; and
                (B) in subparagraph (A), by striking ``the recommendation
            of the National Academy of Sciences'' and inserting ``a
            recommendation''.
        (g) Authorization of Appropriations.--Paragraph (2) of section
    5012(o) of the America COMPETES Act (42 U.S.C. 16538(o)) is amended to
    read as follows:
            ``(2) Authorization of appropriations.--Subject to paragraph
        (4), there are authorized to be appropriated to the Director for
        deposit in the Fund, without fiscal year limitation--
                ``(A) $435,000,000 for fiscal year 2021;
                ``(B) $500,000,000 for fiscal year 2022;
                ``(C) $575,000,000 for fiscal year 2023;
                ``(D) $662,000,000 for fiscal year 2024; and
                ``(E) $761,000,000 for fiscal year 2025.''.
        (h) Technical Amendments.--Section 5012 of the America COMPETES Act
    (42 U.S.C. 16538) is amended--
            (1) in subsection (g)(3)(A)(iii), by striking ``subpart'' each
        place it appears and inserting ``subparagraph''; and
            (2) in subsection (o)(4)(B), by striking ``(c)(2)(D)'' and
        inserting ``(c)(2)(C)''.

                            TITLE XI--OTHER MATTERS

    SEC. 11001. LOW-DOSE RADIATION RESEARCH.
        (a) Low-dose Radiation Research Program.--Section 306(c) of the
    Department of Energy Research and Innovation Act (42 U.S.C. 18644(c))
    is amended to read as follows:
        ``(c) Low-dose Radiation Research Program.--
            ``(1) In general.--The Secretary shall carry out a research
        program on low-dose and low dose-rate radiation to--
                ``(A) enhance the scientific understanding of, and reduce
            uncertainties associated with, the effects of exposure to low-
            dose and low dose-rate radiation; and
                ``(B) inform improved risk-assessment and risk-management
            methods with respect to such radiation.
            ``(2) Program components.--In carrying out the program required
        under paragraph (1), the Secretary shall--
                ``(A) support and carry out the directives under section
            106(b) of the American Innovation and Competitiveness Act (42
            U.S.C. 6601 note), except that such section shall be treated
            for purposes of this subsection as applying to low dose and
            low-dose rate radiation research, in coordination with the
            Physical Science Subcommittee of the National Science and
            Technology Council;
                ``(B) identify and, to the extent possible, quantify,
            potential monetary and health-related impacts to Federal
            agencies, the general public, industry, research communities,
            and other users of information produced by such research
            program;
                ``(C) leverage the collective body of knowledge from
            existing low-dose and low dose-rate radiation research;
                ``(D) engage with other Federal agencies, research
            communities, and potential users of information produced under
            this section, including institutions performing or utilizing
            radiation research, medical physics, radiology, health physics,
            and emergency response measures; and
                ``(E) support education and outreach activities to
            disseminate information and promote public understanding of
            low-dose radiation, with a focus on non-emergency situations
            such as medical physics, space exploration, and naturally
            occurring radiation.
            ``(3) Research plan.--
                ``(A) Not later than 90 days after the date of enactment of
            the Energy Act of 2020, the Secretary shall enter into an
            agreement with the National Academy of Sciences to develop a
            long-term strategic and prioritized research agenda for the
            program described in paragraph (2);
                ``(B) Not later than one year after the date of enactment
            of the Energy Act of 2020, the Secretary shall transmit this
            research plan developed in subparagraph (A) to the Committee on
            Science, Space, and Technology of the House of Representatives
            and the Committee on Energy and Natural Resources of the
            Senate.
            ``(4) GAO study.--Not later than 3 years after the date of
        enactment of the Energy Act of 2020, the Comptroller General shall
        transmit to the Committee on Science, Space, and Technology of the
        House of Representatives and the Committee on Energy and Natural
        Resources of the Senate, a report on:
                ``(A) an evaluation of the program activities carried out
            under this section;
                ``(B) the effectiveness of the coordination and management
            of the program; and
                ``(C) the implementation of the research plan outlined in
            paragraph (3).
            ``(6) Definitions.--In this subsection:
                ``(A) Low-dose radiation.--The term `low-dose radiation'
            means a radiation dose of less than 100 millisieverts.
                ``(B) Low dose-rate radiation.--The term `low dose-rate
            radiation' means a radiation dose rate of less than 5
            millisieverts per hour.
            ``(7) Rule of construction.--Nothing in this subsection shall
        be construed to subject any research carried out by the Secretary
        for the program under this subsection to any limitations described
        in section 977(e) of the Energy Policy Act of 2005 (42 U.S.C.
        16317(e)).
            ``(8) Funding.--For purposes of carrying out this subsection,
        the Secretary is authorized to make available from funds provided
        to the Biological and Environmental Research Program--
                ``(A) $20,000,000 for fiscal year 2021;
                ``(B) $20,000,000 for fiscal year 2022;
                ``(C) $30,000,000 for fiscal year 2023; and
                ``(D) $40,000,000 for fiscal year 2024.''.
        (b) Space Radiation Research.--Section 306 of the Department of
    Energy Research and Innovation Act (42 U.S.C. 18644) is amended by
    adding at the end the following:
        ``(d) Space Radiation Research.--The Secretary of Energy, shall
    continue and strengthen collaboration with the Administrator of the
    National Aeronautics and Space Administration on basic research to
    understand the effects and risks of human exposure to ionizing
    radiation in low Earth orbit, and in the space environment.''.
    SEC. 11002. AUTHORIZATION.
        Section 112(a)(1)(B) of the Uranium Mill Tailings Radiation Control
    Act of 1978 (42 U.S.C. 7922(a)(1)(B)) is amended by striking
    ``September 30, 2023'' and inserting ``September 30, 2031''.
    SEC. 11003. SENSE OF CONGRESS.
        It is the sense of Congress that in order to reduce emissions and
    meet 100 percent of the power demand in the United States through
    clean, renewable, or zero emission energy sources while maintaining
    United States leadership in science and technology, the Secretary of
    Energy must prioritize funding for critical fundamental research
    infrastructure and for basic research and development activities
    carried out through the Office of Science.
    SEC. 11004. ADDRESSING INSUFFICIENT COMPENSATION OF EMPLOYEES AND OTHER
    PERSONNEL OF THE FEDERAL ENERGY REGULATORY COMMISSION.
        (a) In General.--Section 401 of the Department of Energy
    Organization Act (42 U.S.C. 7171) is amended by adding at the end the
    following:
        ``(k) Addressing Insufficient Compensation of Employees and Other
    Personnel of the Commission.--
            ``(1) In general.--Notwithstanding any other provision of law,
        if the Chairman of the Commission publicly certifies that
        compensation for a category of employees or other personnel of the
        Commission is insufficient to retain or attract employees and other
        personnel to allow the Commission to carry out the functions of the
        Commission in a timely, efficient, and effective manner, the
        Chairman may fix the compensation for the category of employees or
        other personnel without regard to chapter 51 and subchapter III of
        chapter 53 of title 5, United States Code, or any other civil
        service law.
            ``(2) Certification requirements.--A certification issued under
        paragraph (1) shall--
                ``(A) apply with respect to a category of employees or
            other personnel responsible for conducting work of a
            scientific, technological, engineering, or mathematical nature;
                ``(B) specify a maximum amount of reasonable compensation
            for the category of employees or other personnel;
                ``(C) be valid for a 5-year period beginning on the date on
            which the certification is issued;
                ``(D) be no broader than necessary to achieve the objective
            of retaining or attracting employees and other personnel to
            allow the Commission to carry out the functions of the
            Commission in a timely, efficient, and effective manner; and
                ``(E) include an explanation for why the other approaches
            available to the Chairman for retaining and attracting
            employees and other personnel are inadequate.
            ``(3) Renewal.--
                ``(A) In general.--Not later than 90 days before the date
            of expiration of a certification issued under paragraph (1),
            the Chairman shall determine whether the certification should
            be renewed for a subsequent 5-year period.
                ``(B) Requirement.--If the Chairman determines that a
            certification should be renewed under subparagraph (A), the
            Chairman may renew the certification, subject to the
            certification requirements under paragraph (2) that were
            applicable to the initial certification.
            ``(4) New hires.--
                ``(A) In general.--An employee or other personnel that is a
            member of a category of employees or other personnel that would
            have been covered by a certification issued under paragraph
            (1), but was hired during a period in which the certification
            has expired and has not been renewed under paragraph (3) shall
            not be eligible for compensation at the level that would have
            applied to the employee or other personnel if the certification
            had been in effect on the date on which the employee or other
            personnel was hired.
                ``(B) Compensation of new hires on renewal.--On renewal of
            a certification under paragraph (3), the Chairman may fix the
            compensation of the employees or other personnel described in
            subparagraph (A) at the level established for the category of
            employees or other personnel in the certification.
            ``(5) Retention of level of fixed compensation.--A category of
        employees or other personnel, the compensation of which was fixed
        by the Chairman in accordance with paragraph (1), may, at the
        discretion of the Chairman, have the level of fixed compensation
        for the category of employees or other personnel retained,
        regardless of whether a certification described under that
        paragraph is in effect with respect to the compensation of the
        category of employees or other personnel.
            ``(6) Consultation required.--The Chairman shall consult with
        the Director of the Office of Personnel Management in implementing
        this subsection, including in the determination of the amount of
        compensation with respect to each category of employees or other
        personnel.
            ``(7) Experts and consultants.--
                ``(A) In general.--Subject to subparagraph (B), the
            Chairman may--
                    ``(i) obtain the services of experts and consultants in
                accordance with section 3109 of title 5, United States
                Code;
                    ``(ii) compensate those experts and consultants for
                each day (including travel time) at rates not in excess of
                the rate of pay for level IV of the Executive Schedule
                under section 5315 of that title; and
                    ``(iii) pay to the experts and consultants serving away
                from the homes or regular places of business of the experts
                and consultants travel expenses and per diem in lieu of
                subsistence at rates authorized by sections 5702 and 5703
                of that title for persons in Government service employed
                intermittently.
                ``(B) Limitations.--The Chairman shall--
                    ``(i) to the maximum extent practicable, limit the use
                of experts and consultants pursuant to subparagraph (A);
                and
                    ``(ii) ensure that the employment contract of each
                expert and consultant employed pursuant to subparagraph (A)
                is subject to renewal not less frequently than annually.''.
        (b) Reports.--
            (1) In general.--Not later than 1 year after the date of
        enactment of this Act, and every 2 years thereafter for 10 years,
        the Chairman of the Federal Energy Regulatory Commission shall
        submit to the Committee on Energy and Commerce of the House of
        Representatives and the Committee on Energy and Natural Resources
        of the Senate a report on information relating to hiring,
        vacancies, and compensation at the Federal Energy Regulatory
        Commission.
            (2) Inclusions.--Each report under paragraph (1) shall
        include--
                (A) an analysis of any trends with respect to hiring,
            vacancies, and compensation at the Federal Energy Regulatory
            Commission; and
                (B) a description of the efforts to retain and attract
            employees or other personnel responsible for conducting work of
            a scientific, technological, engineering, or mathematical
            nature at the Federal Energy Regulatory Commission.
        (c) Applicability.--The amendment made by subsection (a) shall
    apply beginning on the date that is 30 days after the date of enactment
    of this Act.
    SEC. 11005. REPORT ON THE AUTHORITY OF THE SECRETARY OF ENERGY TO
    IMPLEMENT FLEXIBLE COMPENSATION MODELS.
        Not later than 180 days after the date of enactment of this Act,
    the Secretary of Energy shall submit to Congress a report examining the
    full scope of the hiring authority made available to the Secretary of
    Energy by the Office of Personnel Management to implement flexible
    compensation models, including pay for performance and pay banding,
    throughout the Department of Energy, including at the National
    Laboratories, for the purposes of hiring, recruiting, and retaining
    employees responsible for conducting work of a scientific,
    technological, engineering, or mathematical nature.

              DIVISION AA--WATER RESOURCES DEVELOPMENT ACT OF 2020

    SEC. 1. SHORT TITLE; TABLE OF CONTENTS.
        (a) Short Title.--This division may be cited as the ``Water
    Resources Development Act of 2020''.
        (b) Table of Contents.--The table of contents for this Act is as
    follows:

              DIVISION AA--WATER RESOURCES DEVELOPMENT ACT OF 2020

    Sec. 1. Short title; table of contents.
    Sec. 2. Secretary defined.

                           TITLE I--GENERAL PROVISIONS

    Sec. 101. Budgetary treatment expansion and adjustment for the Harbor
              Maintenance Trust Fund.
    Sec. 102. Authorization of appropriations for navigation.
    Sec. 103. Annual report to Congress on the Harbor Maintenance Trust
              Fund.
    Sec. 104. Additional measures at donor ports and energy transfer ports.
    Sec. 105. Construction of water resources development projects by non-
              Federal interests.
    Sec. 106. Coast Guard anchorages.
    Sec. 107. State contribution of funds for certain operation and
              maintenance costs.
    Sec. 108. Great Lakes confined disposal facilities.
    Sec. 109. Inland waterway projects.
    Sec. 110. Implementation of water resources principles and requirements.
    Sec. 111. Resiliency planning assistance.
    Sec. 112. Project consultation.
    Sec. 113. Review of resiliency assessments.
    Sec. 114. Small flood control projects.
    Sec. 115. Flood Protection Projects.
    Sec. 116. Feasibility studies; review of natural and nature-based
              features.
    Sec. 117. Federal interest determination.
    Sec. 118. Pilot programs on the formulation of Corps of Engineers
              projects in rural communities and economically disadvantaged
              communities.
    Sec. 119. Permanent measures to reduce emergency flood fighting needs
              for communities subject to repetitive flooding.
    Sec. 120. Emergency response to natural disasters.
    Sec. 121. Cost and benefit feasibility assessment.
    Sec. 122. Expediting repairs and recovery from flooding.
    Sec. 123. Review of Corps of Engineers assets.
    Sec. 124. Sense of Congress on multipurpose projects.
    Sec. 125. Beneficial use of dredged material; dredged material
              management plans.
    Sec. 126. Aquatic ecosystem restoration for anadromous fish.
    Sec. 127. Annual report to Congress on water resources infrastructure.
    Sec. 128. Harmful algal bloom demonstration program.
    Sec. 129. Missouri River interception-rearing complex construction.
    Sec. 130. Materials, services, and funds for repair, restoration, or
              rehabilitation of projects.
    Sec. 131. Levee safety.
    Sec. 132. National Dam Safety Program.
    Sec. 133. Rehabilitation of Corps of Engineers constructed pump
              stations.
    Sec. 134. Non-Federal Project Implementation Pilot Program.
    Sec. 135. Cost sharing provisions for territories and Indian Tribes.
    Sec. 136. Review of contracting policies.
    Sec. 137. Criteria for funding environmental infrastructure projects.
    Sec. 138. Aging infrastructure.
    Sec. 139. Uniformity of notification systems.
    Sec. 140. Coastal storm damage reduction contracts.
    Sec. 141. Dam remediation for ecosystem restoration.
    Sec. 142. Levee accreditation process; levee certifications.
    Sec. 143. Project partnership agreement.
    Sec. 144. Acceptance of funds for harbor dredging.
    Sec. 145. Replacement capacity.
    Sec. 146. Reviewing hydropower at Corps of Engineers facilities.
    Sec. 147. Repair and restoration of embankments.
    Sec. 148. Coastal mapping.
    Sec. 149. Interim risk reduction measures.
    Sec. 150. Maintenance dredging permits.
    Sec. 151. High water-low water preparedness.
    Sec. 152. Treatment of certain benefits and costs.
    Sec. 153. Lease deviations.
    Sec. 154. Sense of Congress on Arctic deep draft port development.
    Sec. 155. Small water storage projects.
    Sec. 156. Planning Assistance to States.
    Sec. 157. Forecast-informed reservoir operations.
    Sec. 158. Data for water allocation, supply, and demand.
    Sec. 159. Inland waterways pilot program.
    Sec. 160. Definition of economically disadvantaged community.
    Sec. 161. Studies of water resources development projects by non-Federal
              interests.
    Sec. 162. Leveraging Federal infrastructure for increased water supply.
    Sec. 163. Sense of Congress on removal of unauthorized, manmade,
              flammable materials on Corps property.
    Sec. 164. Enhanced development program.
    Sec. 165. Continuing authority programs.

                          TITLE II--STUDIES AND REPORTS

    Sec. 201. Authorization of proposed feasibility studies.
    Sec. 202. Expedited completions.
    Sec. 203. Expedited modifications of existing feasibility studies.
    Sec. 204. Assistance to non-Federal sponsors; feasibility analysis.
    Sec. 205. Selma, Alabama.
    Sec. 206. Report on Corps of Engineers facilities in Appalachia.
    Sec. 207. Additional studies under North Atlantic Coast Comprehensive
              Study.
    Sec. 208. South Atlantic coastal study.
    Sec. 209. Comprehensive study of the Sacramento River, Yolo Bypass,
              California.
    Sec. 210. Lake Okeechobee regulation schedule, Florida.
    Sec. 211. Great Lakes coastal resiliency study.
    Sec. 212. Report on the status of restoration in the Louisiana coastal
              area.
    Sec. 213. Lower Mississippi River comprehensive management study.
    Sec. 214. Upper Mississippi River Comprehensive Plan.
    Sec. 215. Upper Missouri River Basin mainstem dam fish loss research.
    Sec. 216. Lower and Upper Missouri River Comprehensive Flood Protection.
    Sec. 217. Portsmouth Harbor and Piscataqua River and Rye Harbor, New
              Hampshire.
    Sec. 218. Cougar and Detroit Dams, Willamette River Basin, Oregon.
    Sec. 219. Port Orford, Oregon.
    Sec. 220. Wilson Creek and Sloan Creek, Fairview, Texas.
    Sec. 221. Study on water supply and water conservation at water
              resources development projects.
    Sec. 222. Report to Congress on authorized studies and projects.
    Sec. 223. Completion of reports and materials.
    Sec. 224. Emergency flooding protection for lakes.
    Sec. 225. Report on debris removal.
    Sec. 226. Report on antecedent hydrologic conditions.
    Sec. 227. Subsurface drain systems research and development.
    Sec. 228. Report on corrosion prevention activities.
    Sec. 229. Annual reporting on dissemination of information.
    Sec. 230. Report on benefits calculation for flood control structures.

                  TITLE III--DEAUTHORIZATIONS AND MODIFICATIONS

    Sec. 301. Deauthorization of inactive projects.
    Sec. 302. Abandoned and inactive noncoal mine restoration.
    Sec. 303. Tribal partnership program.
    Sec. 304. Lakes program.
    Sec. 305. Rehabilitation of Corps of Engineers constructed dams.
    Sec. 306. Chesapeake Bay Environmental Restoration and Protection
              Program.
    Sec. 307. Upper Mississippi River System Environmental Management
              Program.
    Sec. 308. Upper Mississippi River protection.
    Sec. 309. Theodore Ship Channel, Mobile, Alabama.
    Sec. 310. McClellan-Kerr Arkansas River Navigation System.
    Sec. 311. Ouachita and Black Rivers, Arkansas and Louisiana.
    Sec. 312. Lake Isabella, California.
    Sec. 313. Lower San Joaquin River flood control project.
    Sec. 314. Sacramento River, Glenn-Colusa, California.
    Sec. 315. San Diego River and Mission Bay, San Diego County, California.
    Sec. 316. San Francisco, California, Waterfront Area.
    Sec. 317. Western Pacific Interceptor Canal, Sacramento River,
              California.
    Sec. 318. Rio Grande Environmental Management Program, Colorado, New
              Mexico, and Texas.
    Sec. 319. New London Harbor Waterfront Channel, Connecticut.
    Sec. 320. Wilmington Harbor, Delaware.
    Sec. 321. Wilmington Harbor South Disposal Area, Delaware.
    Sec. 322. Washington Harbor, District of Columbia.
    Sec. 323. Big Cypress Seminole Indian Reservation Water Conservation
              Plan, Florida.
    Sec. 324. Central Everglades, Florida.
    Sec. 325. Miami River, Florida.
    Sec. 326. Julian Keen, Jr. Lock and Dam, Moore Haven, Florida.
    Sec. 327. Taylor Creek Reservoir and Levee L-73 (Section 1), Upper St.
              Johns River Basin, Florida.
    Sec. 328. Extinguishment of flowage easements, Rough River Lake,
              Kentucky.
    Sec. 329. Calcasieu River and Pass, Louisiana.
    Sec. 330. Camden Harbor, Maine.
    Sec. 331. Cape Porpoise Harbor, Maine, anchorage area designation.
    Sec. 332. Baltimore, Maryland.
    Sec. 333. Thad Cochran Lock and Dam, Amory, Mississippi.
    Sec. 334. Missouri river reservoir sediment management.
    Sec. 335. Portsmouth, New Hampshire.
    Sec. 336. Rahway flood risk management feasibility study, New Jersey.
    Sec. 337. San Juan-Chama project; Abiquiu Dam, New Mexico.
    Sec. 338. Flushing Bay and Creek Federal Navigation Channel, New York.
    Sec. 339. Rush River and Lower Branch Rush River, North Dakota.
    Sec. 340. Pawcatuck River, Little Narragansett Bay and Watch Hill Cove,
              Rhode Island and Connecticut.
    Sec. 341. Harris County, Texas.
    Sec. 342. Cap Sante Waterway, Washington.
    Sec. 343. Local government reservoir permit review.
    Sec. 344. Project modifications for improvement of environment.
    Sec. 345. Aquatic ecosystem restoration.
    Sec. 346. Surplus water contracts and water storage agreements.
    Sec. 347. No wake zones in navigation channels.
    Sec. 348. Limitation on contract execution in the Arkansas River Basin.
    Sec. 349. Waiver of non-Federal share of damages related to certain
              contract claims.
    Sec. 350. Reduced pricing for certain water supply storage.
    Sec. 351. Flood control and other purposes.
    Sec. 352. Additional assistance for critical projects.
    Sec. 353. Project modification authorizations.
    Sec. 354. Completion of maintenance and repair activities.
    Sec. 355. Project reauthorizations.
    Sec. 356. Conveyances.
    Sec. 357. Lake Eufaula advisory committee.
    Sec. 358. Repeal of Missouri River Task Force, North Dakota.
    Sec. 359. Repeal of Missouri River Task Force, South Dakota.
    Sec. 360. Conforming amendments.

                    TITLE IV--WATER RESOURCES INFRASTRUCTURE

    Sec. 401. Project authorizations.
    Sec. 402. Special rules.
    Sec. 403. Authorization of projects based on feasibility studies
              prepared by non-Federal interests.

                             TITLE V--OTHER MATTERS

    Sec. 501. Update on Invasive Species Policy Guidance.
    Sec. 502. Aquatic invasive species research.
    Sec. 503. Terrestrial noxious weed control pilot program.
    Sec. 504. Invasive species risk assessment, prioritization, and
              management.
    Sec. 505. Invasive species mitigation and reduction.
    Sec. 506. Aquatic invasive species prevention.
    Sec. 507. Invasive species in alpine lakes pilot program.
    Sec. 508. Murder hornet eradication pilot program.
    Sec. 509. Asian carp prevention and control pilot program.
    Sec. 510. Invasive species in noncontiguous States and territories pilot
              program.
    Sec. 511. Soil moisture and snowpack monitoring.
    Sec. 512. Great Lakes St. Lawrence Seaway Development Corporation.
    SEC. 2. SECRETARY DEFINED.
        In this Act, the term ``Secretary'' means the Secretary of the
    Army.

                          TITLE I--GENERAL PROVISIONS

        SEC. 101. BUDGETARY TREATMENT EXPANSION AND ADJUSTMENT FOR THE
          HARBOR MAINTENANCE TRUST FUND.
        Section 14003 of division B of the CARES Act (Public Law 116-136)
    is amended to read as follows:
        ``Sec. 14003.  Any discretionary appropriation for the Corps of
    Engineers--
            ``(1) derived from the Harbor Maintenance Trust Fund, in this
        fiscal year and thereafter, not to exceed the sum of--
                ``(A) the total amount deposited in the Harbor Maintenance
            Trust Fund in the fiscal year that is two years prior to the
            fiscal year for which the appropriation is being made; and
                ``(B)(i) $500,000,000 for fiscal year 2021;
                ``(ii) $600,000,000 for fiscal year 2022;
                ``(iii) $700,000,000 for fiscal year 2023;
                ``(iv) $800,000,000 for fiscal year 2024;
                ``(v) $900,000,000 for fiscal year 2025;
                ``(vi) $1,000,000,000 for fiscal year 2026;
                ``(vii) $1,200,000,000 for fiscal year 2027;
                ``(viii) $1,300,000,000 for fiscal year 2028;
                ``(ix) $1,400,000,000 for fiscal year 2029; and
                ``(x) $1,500,000,000 for fiscal year 2030 and thereafter;
            and
            ``(2) for the Operation and Maintenance account of the Corps of
        Engineers which is designated in statute as being to carry out
        subsection (c) of section 2106 of the Water Resources Reform and
        Development Act of 2014 (33 U.S.C. 2238c), not to exceed--
                ``(A) $50,000,000 for fiscal year 2021;
                ``(B) $50,000,000 for fiscal year 2022;
                ``(C) $56,000,000 for fiscal year 2023;
                ``(D) $58,000,000 for fiscal year 2024;
                ``(E) $60,000,000 for fiscal year 2025;
                ``(F) $62,000,000 for fiscal year 2026;
                ``(G) $64,000,000 for fiscal year 2027;
                ``(H) $66,000,000 for fiscal year 2028;
                ``(I) $68,000,000 for fiscal year 2029; and
                ``(J) $70,000,000 for fiscal year 2030;
    shall be subtracted from the estimate of discretionary budget authority
    and outlays for any estimate of an appropriations Act under the
    Congressional Budget and Impoundment Control Act of 1974 or the
    Balanced Budget and Emergency Deficit Control Act of 1985.''.
        SEC. 102. AUTHORIZATION OF APPROPRIATIONS FOR NAVIGATION.
        (a) Authorization.--
            (1) In general.--In carrying out subsection (c) of section 210
        of the Water Resources Development Act of 1986 (33 U.S.C. 2238),
        for each fiscal year, of the funds made available under such
        section (including funds appropriated from the Harbor Maintenance
        Trust Fund), the Secretary shall, to the extent practicable, unless
        otherwise directed in an Act making appropriations for the Corps of
        Engineers, make expenditures to pay for operation and maintenance
        costs of the harbors and inland harbors referred to in subsection
        (a)(2) of such section, to the extent there are identifiable
        operations and maintenance needs, of--
                (A) not less than 15 percent of such funds for emerging
            harbor projects, including eligible breakwater and jetty needs
            at such harbor projects;
                (B) not less than 13 percent of such funds for projects
            that are located within the Great Lakes Navigation System;
                (C) 12 percent of such funds for expanded uses carried out
            at donor ports and energy transfer ports, of which--
                    (i) \1/3\ shall be provided to energy transfer ports;
                and
                    (ii) \2/3\ shall be provided to donor ports;
                (D) not less than 17 percent of such funds for projects
            that are assigned to commercial strategic seaports; and
                (E) any remaining funds for operation and maintenance costs
            of any harbor or inland harbor referred to in such subsection
            (a)(2) based on an equitable allocation of such funds among
            such harbors and inland harbors, in accordance with subsection
            (c)(1) of such section 210.
            (2) Definitions.--In this subsection:
                (A) Commercial strategic seaport.--The term ``commercial
            strategic seaport'' means a commercial harbor supporting the
            coordination of efficient port operations during peacetime and
            national defense emergencies that is designated as strategic
            through the National Port Readiness Network.
                (B) Donor port; energy transfer port.--The terms ``donor
            port'' and ``energy transfer port'' have the meanings given
            those terms in section 2106 of the Water Resources Reform and
            Development Act of 2014 (33 U.S.C. 2238c).
                (C) Emerging harbor project; great lakes navigation
            system.--The terms ``emerging harbor project'' and ``Great
            Lakes Navigation System'' have the meanings given those terms
            in section 210 of the Water Resources Development Act of 1986
            (33 U.S.C. 2238).
            (3) Effective date.--This subsection shall take effect on
        October 1, 2022.
        (b) Additional Uses.--
            (1) Operation and maintenance of harbor projects.--Section
        210(c)(3) of the Water Resources Development Act of 1986 (33 U.S.C.
        2238(c)(3)) is amended--
                (A) by striking ``Notwithstanding'' and inserting the
            following:
                ``(A) Allocation.--Notwithstanding''; and
                (B) by adding at the end the following:
                ``(B) Additional uses at emerging harbors.--
                    ``(i) Uses.--In each fiscal year, the Secretary may use
                not more than $5,000,000 of funds allocated for emerging
                harbor projects under paragraph (1) to pay for the costs of
                up to 10 projects for maintenance dredging of a marina or
                berthing area, in an emerging harbor, that includes an area
                that is located adjacent to, or is accessible by, a Federal
                navigation project, subject to clauses (ii) and (iii) of
                this subparagraph.
                    ``(ii) Eligible emerging harbors.--The Secretary may
                use funds as authorized under clause (i) at an emerging
                harbor that--

                        ``(I) supports commercial activities, including
                    commercial fishing operations, commercial fish
                    processing operations, recreational and sport fishing,
                    and commercial boat yards; or
                        ``(II) supports activities of the Secretary of the
                    department in which the Coast Guard is operating.

                    ``(iii) Cost-sharing requirements.--The Secretary shall
                require a non-Federal interest to contribute not less than
                25 percent of the costs for maintenance dredging of that
                portion of a maintenance dredging project described in
                clause (i) that is located outside of the Federal
                navigation project, which may be provided as an in-kind
                contribution, including through the use of dredge equipment
                owned by non-Federal interest to carry out such
                activities.''.
            (2) Assessment of harbors and inland harbors.--Section
        210(e)(2)(A)(ii) of the Water Resources Development Act of 1986 (33
        U.S.C. 2238(e)(2)(A)(ii)) is amended by inserting ``uses described
        in subsection (c)(3)(B) and'' after ``costs for''.
            (3) Definitions.--Section 210(f) of the Water Resources
        Development Act of 1986 (33 U.S.C. 2238(f)) is amended--
                (A) by striking paragraph (6);
                (B) by redesignating paragraphs (3) through (5) as
            paragraphs (4) through (6), respectively;
                (C) by striking paragraph (2) and inserting the following:
            ``(2) Emerging harbor.--The term `emerging harbor' means a
        harbor or inland harbor referred to in subsection (a)(2) that
        transits less than 1,000,000 tons of cargo annually.
            ``(3) Emerging harbor project.--The term `emerging harbor
        project' means a project that is assigned to an emerging harbor.'';
        and
                (D) in paragraph (4) (as so redesignated), by adding at the
            end the following:
                ``(C) An in-water improvement, if the improvement--
                    ``(i) is for the seismic reinforcement of a wharf or
                other berthing structure, or the repair or replacement of a
                deteriorating wharf or other berthing structure, at a port
                facility;
                    ``(ii) benefits commercial navigation at the harbor;
                and
                    ``(iii) is located in, or adjacent to, a berth that is
                accessible to a Federal navigation project.
                ``(D) An activity to maintain slope stability at a berth in
            a harbor that is accessible to a Federal navigation project if
            such activity benefits commercial navigation at the harbor.''.
        SEC. 103. ANNUAL REPORT TO CONGRESS ON THE HARBOR MAINTENANCE TRUST
          FUND.
        Section 330 of the Water Resources Development Act of 1992 (26
    U.S.C. 9505 note; 106 Stat. 4851) is amended--
            (1) in subsection (a)--
                (A) by striking ``and annually thereafter,'' and inserting
            ``and annually thereafter concurrent with the submission of the
            President's annual budget request to Congress,''; and
                (B) by striking ``Public Works and Transportation'' and
            inserting ``Transportation and Infrastructure''; and
            (2) in subsection (b)(1) by adding at the end the following:
                ``(D) A description of the expected expenditures from the
            trust fund to meet the needs of navigation for the fiscal year
            of the budget request.''.
        SEC. 104. ADDITIONAL MEASURES AT DONOR PORTS AND ENERGY TRANSFER
          PORTS.
        (a) Interim Authorization.--Section 2106(f) of the Water Resources
    Reform and Development Act of 2014 (33 U.S.C. 2238c(f)) is amended--
            (1) in paragraph (1), by striking ``2020'' and inserting
        ``2022''; and
            (2) by striking paragraph (3).
        (b) In General.--
            (1) Definitions.--Section 2106(a) of the Water Resources Reform
        and Development Act of 2014 (33 U.S.C. 2238c(a)) is amended--
                (A) in paragraph (3)(A)--
                    (i) by amending clause (ii) to read as follows:
                    ``(ii) at which the total amount of harbor maintenance
                taxes collected (including the estimated taxes related to
                domestic cargo and cruise passengers) comprise not less
                than $15,000,000 annually of the total funding of the
                Harbor Maintenance Trust Fund on an average annual basis
                for the previous 3 fiscal years;'';
                    (ii) in clause (iii)--

                        (I) by inserting ``(including the estimated taxes
                    related to domestic cargo and cruise passengers)''
                    after ``taxes collected''; and
                        (II) by striking ``5 fiscal years'' and inserting
                    ``3 fiscal years''; and

                    (iii) in clause (iv), by striking ``in fiscal year
                2012'' and inserting ``on an average annual basis for the
                previous 3 fiscal years'';
                (B) in paragraph (5)(B), by striking ``in fiscal year
            2012'' each place it appears and inserting ``on an average
            annual basis for the previous 3 fiscal years'';
                (C) by redesignating paragraph (8) as paragraph (9) and
            inserting after paragraph (7) the following:
            ``(8) Harbor maintenance trust fund.--The term `Harbor
        Maintenance Trust Fund' means the Harbor Maintenance Trust Fund
        established by section 9505 of the Internal Revenue Code of
        1986.''; and
                (D) in paragraph (9), as so redesignated--
                    (i) by amending subparagraph (B) to read as follows:
                ``(B) at which the total amount of harbor maintenance taxes
            collected (including the estimated taxes related to domestic
            cargo and cruise passengers) comprise annually more than
            $5,000,000 but less than $15,000,000 of the total funding of
            the Harbor Maintenance Trust Fund on an average annual basis
            for the previous 3 fiscal years;'';
                    (ii) in subparagraph (C)--

                        (I) by inserting ``(including the estimated taxes
                    related to domestic cargo and cruise passengers)''
                    after ``taxes collected''; and
                        (II) by striking ``5 fiscal years'' and inserting
                    ``3 fiscal years''; and

                    (iii) in subparagraph (D), by striking ``in fiscal year
                2012'' and inserting ``on an average annual basis for the
                previous 3 fiscal years''.
            (2) Report to congress; authorization of appropriations.--
        Section 2106 of the Water Resources Reform and Development Act of
        2014 (33 U.S.C. 2238c) is amended--
                (A) by striking subsection (e) and redesignating
            subsections (f) and (g) as subsections (e) and (f),
            respectively; and
                (B) in subsection (e), as so redesignated, by amending
            paragraph (1) to read as follows:
            ``(1) In general.--There are authorized to be appropriated to
        carry out this section--
                ``(A) $56,000,000 for fiscal year 2023;
                ``(B) $58,000,000 for fiscal year 2024;
                ``(C) $60,000,000 for fiscal year 2025;
                ``(D) $62,000,000 for fiscal year 2026;
                ``(E) $64,000,000 for fiscal year 2027;
                ``(F) $66,000,000 for fiscal year 2028;
                ``(G) $68,000,000 for fiscal year 2029; and
                ``(H) $70,000,000 for fiscal year 2030.''.
            (3) Effective date.--The amendments made by this subsection
        shall take effect on October 1, 2022.
        SEC. 105. CONSTRUCTION OF WATER RESOURCES DEVELOPMENT PROJECTS BY
          NON-FEDERAL INTERESTS.
        (a) Studies and Engineering.--Section 204(c)(1) of the Water
    Resources Development Act of 1986 (33 U.S.C. 2232(c)(1)) is amended by
    striking ``under subsection (b)'' and inserting ``under this section''.
        (b) Assumption of Maintenance of a Locally Preferred Plan.--Section
    204(f) of the Water Resources Development Act of 1986 (33 U.S.C.
    2232(f)) is amended to read as follows:
        ``(f) Operation and Maintenance.--
            ``(1) Assumption of maintenance.--Whenever a non-Federal
        interest carries out improvements to a federally authorized harbor
        or inland harbor, the Secretary shall be responsible for operation
        and maintenance in accordance with section 101(b) if--
                ``(A) before construction of the improvements--
                    ``(i) the Secretary determines that the improvements
                are feasible and consistent with the purposes of this
                title; and
                    ``(ii) the Secretary and the non-Federal interest
                execute a written agreement relating to operation and
                maintenance of the improvements;
                ``(B) the Secretary certifies that the project or separable
            element of the project is constructed in accordance with
            applicable permits and appropriate engineering and design
            standards; and
                ``(C) the Secretary does not find that the project or
            separable element is no longer feasible.
            ``(2) Federal financial participation in the costs of a locally
        preferred plan.--In the case of improvements determined by the
        Secretary pursuant to paragraph (1)(A)(i) to deviate from the
        national economic development plan, the Secretary shall be
        responsible for all operation and maintenance costs of such
        improvements, as described in section 101(b), including costs in
        excess of the costs of the national economic development plan, if
        the Secretary determines that the improvements satisfy the
        requirements of paragraph (1).''.
        (c) Report.--A non-Federal interest may submit to the Secretary a
    report on improvements to a federally authorized harbor or inland
    harbor to be carried out by the non-Federal interest, containing any
    information necessary for the Secretary determine whether the
    improvements satisfy the requirements of section 204(f)(1) of the Water
    Resources Development Act of 1986 (33 U.S.C. 2232), including--
            (1) the economic justification for the improvements;
            (2) details of the project improvement plan and design;
            (3) proposed arrangements for the work to be performed; and
            (4) documents relating to any applicable permits required for
        the project improvements.
        (d) Project Studies Subject to Independent Peer Review.--The
    Secretary shall not be required to subject a project study for a
    project with a cost of less than $200,000,000, which the Secretary
    determines satisfies the requirements of section 204(f)(1) of the Water
    Resources Development Act of 1986 (33 U.S.C. 2232), to independent peer
    review under section 2034(a)(3)(A)(i) of the Water Resources
    Development Act of 2007 (33 U.S.C. 2343(a)(3)(A)(i)).
        SEC. 106. COAST GUARD ANCHORAGES.
        The Secretary may perform dredging at Federal expense within and
    adjacent to anchorages established by the Coast Guard pursuant to
    existing authorities.
        SEC. 107. STATE CONTRIBUTION OF FUNDS FOR CERTAIN OPERATION AND
          MAINTENANCE COSTS.
        In carrying out eligible operations and maintenance activities
    within the Great Lakes Navigation System pursuant to section 210 of the
    Water Resources Development Act of 1986 (33 U.S.C. 2238) in a State
    that has implemented any additional State limitation on the disposal of
    dredged material in the open waters of such State, the Secretary may,
    pursuant to section 5 of the Act of June 22, 1936 (33 U.S.C. 701h),
    receive from such State, and expend, such funds as may be contributed
    by the State to cover the additional costs for operations and
    maintenance activities for a harbor or inland harbor within such State
    that result from such limitation.
        SEC. 108. GREAT LAKES CONFINED DISPOSAL FACILITIES.
        (a) Mitigation.--The Secretary may relocate access to the Port of
    Cleveland confined disposal facility, owned or operated by a non-
    Federal interest, in which material dredged by the Corps of Engineers
    is placed.
        (b) Cost-Share.--The cost to relocate access to the confined
    disposal facility described in subsection (a) shall be shared in
    accordance with the cost share applicable to operation and maintenance
    of the Federal navigation project from which material placed in the
    confined disposal facility is dredged.
        (c) Termination.--The authority provided under this section shall
    terminate on December 31, 2024.
        SEC. 109. INLAND WATERWAY PROJECTS.
        Notwithstanding section 102 of the Water Resources Development Act
    of 1986 (33 U.S.C. 2212), for a project for navigation on the inland
    waterways receiving a construction appropriation during any of fiscal
    years 2021 through 2031, 35 percent of the costs of construction of the
    project shall be paid from amounts appropriated from the Inland
    Waterways Trust Fund until such construction of the project is
    complete.
        SEC. 110. IMPLEMENTATION OF WATER RESOURCES PRINCIPLES AND
          REQUIREMENTS.
        (a) In General.--Not later than 180 days after the date of
    enactment of this Act, the Secretary shall issue final agency-specific
    procedures necessary to implement the principles and requirements and
    the interagency guidelines.
        (b) Development of Future Water Resources Development Projects.--
    The procedures required by subsection (a) shall ensure that the
    Secretary, in the formulation of future water resources development
    projects--
            (1) develops such projects in accordance with--
                (A) the guiding principles established by the principles
            and requirements; and
                (B) the national water resources planning policy
            established by section 2031(a) of the Water Resources
            Development Act of 2007 (42 U.S.C. 1962-3(a)); and
            (2) fully identifies and analyzes national economic development
        benefits, regional economic development benefits, environmental
        quality benefits, and other societal effects.
        (c) Review and Update.--Every 5 years, the Secretary shall review
    and, where appropriate, revise the procedures required by subsection
    (a).
        (d) Public Review, Notice, and Comment.--In issuing, reviewing, and
    revising the procedures required by this section, the Secretary shall--
            (1) provide notice to interested non-Federal stakeholders of
        the Secretary's intent to revise the procedures;
            (2) provide opportunities for interested non-Federal
        stakeholders to engage with, and provide input and recommendations
        to, the Secretary on the revision of the procedures; and
            (3) solicit and consider public and expert comments.
        (e) Definitions.--In this section:
            (1) Interagency guidelines.--The term ``interagency
        guidelines'' means the interagency guidelines contained in the
        document finalized by the Council on Environmental Quality pursuant
        to section 2031 of the Water Resources Development Act of 2007 (42
        U.S.C. 1962-3) in December 2014, to implement the principles and
        requirements.
            (2) Principles and requirements.--The term ``principles and
        requirements'' means the principles and requirements contained in
        the document prepared by the Council on Environmental Quality
        pursuant to section 2031 of the Water Resources Development Act of
        2007 (42 U.S.C. 1962-3), entitled ``Principles and Requirements for
        Federal Investments in Water Resources'', and dated March 2013.
        SEC. 111. RESILIENCY PLANNING ASSISTANCE.
        (a) In General.--Section 206(a) of the Flood Control Act of 1960
    (33 U.S.C. 709a(a)) is amended by inserting ``, to avoid repetitive
    flooding impacts, to anticipate, prepare, and adapt to changing
    climatic conditions and extreme weather events, and to withstand,
    respond to, and recover rapidly from disruption due to the flood
    hazards'' after ``in planning to ameliorate the flood hazard''.
        (b) Prioritizing Flood Risk Resiliency Technical Assistance.--In
    carrying out section 206 of the Flood Control Act of 1960 (33 U.S.C.
    709a), the Secretary shall prioritize the provision of technical
    assistance to support flood risk resiliency planning efforts of
    economically disadvantaged communities or communities subject to
    repetitive flooding.
        SEC. 112. PROJECT CONSULTATION.
        (a) Reports Required.--Not later than 180 days after the date of
    enactment of this Act, the Secretary shall submit the following
    reports:
            (1) The report required under section 1214 of the Water
        Resources Development Act of 2018 (132 Stat. 3809).
            (2) The report required under section 1120(a)(3) of the Water
        Resources Development Act of 2016 (130 Stat. 1643).
        (b) Environmental Justice Updates.--
            (1) In general.--In the formulation of water development
        resources projects, the Secretary shall comply with any existing
        Executive order regarding environmental justice in effect as of the
        date of enactment of this Act to address any disproportionate and
        adverse human health or environmental effects on minority
        communities, low-income communities, and Indian Tribes.
            (2) Update.--Not later than 1 year after the date of enactment
        of this Act, the Secretary shall review, and shall update, where
        appropriate, any policies, regulations, and guidance of the Corps
        of Engineers necessary to implement any Executive order described
        in paragraph (1) with respect to water resources development
        projects.
            (3) Requirements.--In updating the policies, regulations, or
        guidance under paragraph (2), the Secretary shall--
                (A) provide notice to interested non-Federal stakeholders,
            including representatives of minority communities, low-income
            communities, and Indian Tribes;
                (B) provide opportunities for interested stakeholders to
            comment on potential updates of policies, regulations, or
            guidance;
                (C) consider the recommendations from the reports submitted
            under subsection (a); and
                (D) promote the meaningful involvement of minority
            communities, low-income communities, and Indian Tribes.
        (c) Community Engagement.--In carrying out a water resources
    development project, the Secretary shall, to the extent practicable--
            (1) promote the meaningful involvement of minority communities,
        low-income communities, and Indian Tribes;
            (2) provide guidance and technical assistance to such
        communities or Tribes to increase understanding of the project
        development and implementation activities, regulations, and
        policies of the Corps of Engineers; and
            (3) cooperate with State, Tribal, and local governments with
        respect to activities carried out pursuant to this subsection.
        (d) Tribal Lands and Consultation.--In carrying out water resources
    development projects, the Secretary shall, to the extent practicable
    and in accordance with the Tribal Consultation Policy affirmed and
    formalized by the Secretary on November 1, 2012 (or a successor
    policy)--
            (1) promote meaningful involvement with Indian Tribes
        specifically on any Tribal lands near or adjacent to any water
        resources development projects, for purposes of identifying lands
        of ancestral, cultural, or religious importance;
            (2) consult with Indian Tribes specifically on any Tribal areas
        near or adjacent to any water resources development projects, for
        purposes of identifying lands, waters, and other resources critical
        to the livelihood of the Indian Tribes; and
            (3) cooperate with Indian Tribes to avoid, or otherwise find
        alternate solutions with respect to, such areas.
        SEC. 113. REVIEW OF RESILIENCY ASSESSMENTS.
        (a) Resiliency Assessment.--
            (1) In general.--Not later than 180 days after the date of
        enactment of this section, and in conjunction with the development
        of procedures under section 110 of this Act, the Secretary is
        directed to review, and where appropriate, revise the existing
        planning guidance documents and regulations of the Corps of
        Engineers on the assessment of the effects of sea level rise or
        inland flooding on future water resources development projects to
        ensure that such guidance documents and regulations are based on
        the best available, peer-reviewed science and data on the current
        and future effects of sea level rise or inland flooding on relevant
        communities.
            (2) Coordination.--In carrying out this subsection, the
        Secretary shall--
                (A) coordinate the review with the Engineer Research and
            Development Center, other Federal and State agencies, and other
            relevant entities; and
                (B) to the maximum extent practicable and where
            appropriate, utilize data provided to the Secretary by such
            agencies.
        (b) Assessment of Benefits From Addressing Sea Level Rise and
    Inland Flooding Resiliency in Feasibility Reports.--
            (1) In general.--Upon the request of a non-Federal interest, in
        carrying out a feasibility study for a project for flood risk
        mitigation, hurricane and storm damage risk reduction, or ecosystem
        restoration under section 905 of the Water Resources Development
        Act of 1986 (33 U.S.C. 2282), the Secretary shall consider whether
        the need for the project is predicated upon or exacerbated by
        conditions related to sea level rise or inland flooding.
            (2) Addressing sea level rise and inland flooding resiliency
        benefits.--To the maximum extent practicable, in carrying out a
        study pursuant to paragraph (1), the Secretary shall document the
        potential effects of sea level rise or inland flooding on the
        project, and the expected benefits of the project relating to sea
        level rise or inland flooding, during the 50-year period after the
        date of completion of the project.
        SEC. 114. SMALL FLOOD CONTROL PROJECTS.
        Section 205 of the Flood Control Act of 1948 (33 U.S.C. 701s) is
    amended by inserting ``, and projects that use natural features or
    nature-based features (as those terms are defined in section 1184(a) of
    the Water Resources Development Act of 2016 (33 U.S.C. 2289a(a))),''
    after ``nonstructural projects''.
        SEC. 115. FLOOD PROTECTION PROJECTS.
        (a) General Considerations.--Section 73(a) of the Water Resources
    Development Act of 1974 (33 U.S.C. 701b-11(a)) is amended by striking
    ``including'' and all that follows through the period at the end and
    inserting the following: ``, with a view toward formulating the most
    economically, socially, and environmentally acceptable means of
    reducing or preventing flood damage, including--
            ``(1) floodproofing of structures, including through elevation;
            ``(2) floodplain regulation;
            ``(3) acquisition of floodplain land for recreational, fish and
        wildlife, and other public purposes;
            ``(4) relocation; and
            ``(5) the use of a feature described in section 1184(a) of the
        Water Infrastructure Improvements for the Nation Act (33 U.S.C.
        2289a(a)).''.
        (b) Conforming Amendment.--Section 103(b) of the Water Resources
    Development Act of 1986 (33 U.S.C. 2213) is amended--
            (1) in the subsection heading, by striking ``Nonstructural
        Flood Control Projects'' and inserting ``Projects Using
        Nonstructural, Natural, or Nature-Based Features''; and
            (2) in paragraph (1)--
                (A) by striking ``nonstructural flood control measures''
            and inserting ``a flood risk management or hurricane and storm
            damage risk reduction measure using a nonstructural feature, or
            a natural feature or nature-based feature (as those terms are
            defined in section 1184(a) of the Water Resources Development
            Act of 2016 (33 U.S.C. 2289a(a))),''; and
                (B) by striking ``cash during construction of the project''
            and inserting ``cash during construction for a nonstructural
            feature if the costs of land, easements, rights-of-way, dredged
            material disposal areas, and relocations for such feature are
            estimated to exceed 35 percent''.
        SEC. 116. FEASIBILITY STUDIES; REVIEW OF NATURAL AND NATURE-BASED
          FEATURES.
        (a) Technical Correction.--Section 1149(c) of the Water Resources
    Development Act of 2018 (33 U.S.C. 2282 note; 132 Stat. 3787) is
    amended by striking ``natural infrastructure alternatives'' and
    inserting ``natural feature or nature-based feature alternatives (as
    such terms are defined in section 1184 of the Water Resources
    Development Act of 2016 (32 U.S.C. 2289a))''.
        (b) Summary of Analysis.--To the maximum extent practicable, the
    Secretary shall include in each feasibility report developed under
    section 905 of the Water Resources Development Act of 1986 (33 U.S.C.
    2282) for a project that contains a flood risk management or hurricane
    and storm damage risk reduction element, a summary of the natural
    feature or nature-based feature alternatives, along with their long-
    term costs and benefits, that were evaluated in the development of the
    feasibility report, and, if such alternatives were not included in the
    recommended plan, an explanation of why such alternatives were not
    included in the recommended plan.
        SEC. 117. FEDERAL INTEREST DETERMINATION.
        Section 905 of the Water Resources Development Act of 1986 (33
    U.S.C. 2282) is amended by inserting after subsection (a) the
    following:
        ``(b) Federal Interest Determination.--
            ``(1) In general.--
                ``(A) Economically disadvantaged communities.--In preparing
            a feasibility report under subsection (a) for a study that will
            benefit an economically disadvantaged community, upon request
            by the non-Federal interest for the study, the Secretary shall
            first determine the Federal interest in carrying out the study
            and the projects that may be proposed in the study.
                ``(B) Other communities.--
                    ``(i) Authorization.--In preparing a feasibility report
                under subsection (a) for a study that will benefit a
                covered community, upon request by the non-Federal interest
                for the study, the Secretary may, with respect to not more
                than 3 studies in each fiscal year, first determine the
                Federal interest in carrying out the study and the projects
                that may be proposed in the study.
                    ``(ii) Covered communities.--In this subparagraph, the
                term `covered community' means a community that--

                        ``(I) is not an economically disadvantaged
                    community; and
                        ``(II) the Secretary finds has a compelling need
                    for the Secretary to make a determination under clause
                    (i).

            ``(2) Cost share.--The costs of a determination under paragraph
        (1)--
                ``(A) shall be at Federal expense; and
                ``(B) shall not exceed $200,000.
            ``(3) Deadline.--A determination under paragraph (1) shall be
        completed by not later than 120 days after the date on which funds
        are made available to the Secretary to carry out the determination.
            ``(4) Treatment.--
                ``(A) Timing.--The period during which a determination is
            being completed under paragraph (1) for a study shall not be
            included for purposes of the deadline to complete a final
            feasibility report under section 1001(a)(1) of the Water
            Resources Reform and Development Act of 2014 (33 U.S.C.
            2282c(a)(1)).
                ``(B) Cost.--The cost of a determination under paragraph
            (1) shall not be included for purposes of the maximum Federal
            cost under section 1001(a)(2) of the Water Resources Reform and
            Development Act of 2014 (33 U.S.C. 2282c(a)(2)).
            ``(5) Report to non-federal interest.--If, based on a
        determination under paragraph (1), the Secretary determines that a
        study or project is not in the Federal interest because the project
        will not result, or is unlikely to result, in a recommended plan
        that will produce national economic development benefits greater
        than cost, but may result in a technically sound and
        environmentally acceptable plan that is otherwise consistent with
        section 904 of the Water Resources Development Act of 1986 (33
        U.S.C. 2281), the Secretary shall issue a report to the non-Federal
        interest with recommendations on how the non-Federal interest might
        modify the proposal such that the project could be in the Federal
        interest and feasible.''.
        SEC. 118. PILOT PROGRAMS ON THE FORMULATION OF CORPS OF ENGINEERS
          PROJECTS IN RURAL COMMUNITIES AND ECONOMICALLY DISADVANTAGED
          COMMUNITIES.
        (a) In General.--The Secretary shall establish and implement pilot
    programs, in accordance with this section, to evaluate opportunities to
    address the flood risk management and hurricane and storm damage risk
    reduction needs of rural communities and economically disadvantaged
    communities.
        (b)  Economically Disadvantaged Community Flood Protection and
    Hurricane and Storm Damage Reduction Study Pilot Program.--
            (1) In general.--Not later than 180 days after the date of
        enactment of this Act, the Secretary shall establish and implement
        a pilot program to carry out feasibility studies, in accordance
        with this subsection, for flood risk management and hurricane and
        storm damage risk reduction projects for economically disadvantaged
        communities, in coordination with non-Federal interests.
            (2) Participation in pilot program.--In carrying out paragraph
        (1), the Secretary shall--
                (A) publish a notice in the Federal Register that requests
            from non-Federal interests proposals for the potential
            feasibility study of a flood risk management project or
            hurricane and storm damage risk reduction project for an
            economically disadvantaged community;
                (B) upon request of a non-Federal interest for such a
            project, provide technical assistance to such non-Federal
            interest in the formulation of a proposal for a potential
            feasibility study to be submitted to the Secretary under the
            pilot program; and
                (C) review such proposals and select 10 feasibility studies
            for such projects to be carried out by the Secretary, in
            coordination with the non-Federal interest, under this pilot
            program.
            (3) Selection criteria.--In selecting a feasibility study under
        paragraph (2)(C), the Secretary shall consider whether--
                (A) the percentage of people living in poverty in the
            county or counties (or county-equivalent entity or entities) in
            which the project is located is greater than the percentage of
            people living in poverty in the State, based on census bureau
            data;
                (B) the percentage of families with income above the
            poverty threshold but below the average household income in the
            county or counties (or county-equivalent entity or entities) in
            which the project is located is greater than such percentage
            for the State, based on census bureau data;
                (C) the percentage of the population that identifies as
            belonging to a minority or indigenous group in the county or
            counties (or county-equivalent entity or entities) in which the
            project is located is greater than the average such percentage
            in the State, based on census bureau data; and
                (D) the project is addressing flooding or hurricane or
            storm damage effects that have a disproportionate impact on a
            rural community, a minority community, or an Indian Tribe.
            (4) Administration.--Notwithstanding the requirements of
        section 105(a)(1)(A) of the Water Resources Development Act of 1986
        (33 U.S.C. 2215), the Federal share of the cost of a feasibility
        study carried out under the pilot program shall be 100 percent.
            (5) Study requirements.--Feasibility studies carried out under
        this subsection shall, to the maximum extent practicable,
        incorporate natural features or nature-based features (as such
        terms are defined in section 1184 of the Water Resources
        Development Act of 2016 (33 U.S.C. 2289a)), or a combination of
        such features and nonstructural features, that avoid or reduce at
        least 50 percent of flood or storm damages in one or more of the
        alternatives included in the final alternatives evaluated.
            (6) Notification.--The Secretary shall notify the Committee on
        Transportation and Infrastructure of the House of Representatives
        and the Committee on Environment and Public Works of the Senate of
        the selection of each feasibility study under the pilot program.
            (7) Completion.--Upon completion of a feasibility report for a
        feasibility study selected to be carried out under this subsection,
        the Secretary shall transmit the report to Congress for
        authorization, and shall include the report in the next annual
        report submitted under section 7001 of the Water Resources Reform
        and Development Act of 2014 (33 U.S.C. 2282d).
        (c) Pilot Program for the Recommendation of Flood Protection and
    Hurricane and Storm Damage Reduction Projects in Rural Communities and
    Economically Disadvantaged Communities.--
            (1) In general.--Not later than 180 days after the date of
        enactment of this Act, the Secretary shall establish and implement
        a pilot program to evaluate, and make recommendations to Congress
        on, flood risk management projects and hurricane and storm damage
        risk reduction projects in rural communities or economically
        disadvantaged communities, without demonstrating that each project
        is justified solely by national economic development benefits.
            (2) Considerations.--In carrying out this subsection, the
        Secretary may make a recommendation to Congress on up to 10
        projects, without demonstrating that the project is justified
        solely by national economic development benefits, if the Secretary
        determines that--
                (A) the community to be served by the project is an
            economically disadvantaged community or a rural community;
                (B) the long-term life safety, economic viability, and
            environmental sustainability of the community would be
            threatened without the project; and
                (C) the project is consistent with the requirements of
            section 1 of the Flood Control Act of 1936 (33 U.S.C. 701a).
            (3) Consistency.--In carrying out this subsection, the
        Secretary shall ensure that project recommendations are consistent
        with the principles and requirements and the interagency
        guidelines, as such terms are defined in section 110 of this Act,
        including the consideration of quantifiable monetary and
        nonmonetary benefits of the project.
            (4) Prioritization.--The Secretary may give equivalent
        budgetary consideration and priority to projects recommended under
        this subsection.
        (d) Geographic Diversity.--In selecting feasibility studies under
    subsection (b)(2)(C) or in making project recommendations under
    subsection (c), the Secretary shall consider the geographic diversity
    among proposed projects.
        (e) Report.--Not later than 5 years and 10 years after the date of
    enactment of this Act, the Secretary shall submit to the Committee on
    Transportation and Infrastructure of the House of Representatives and
    the Committee on Environment and Public Works of the Senate, and make
    publicly available, a report detailing the results of the pilot
    programs carried out under this section, including--
            (1) a description of proposals received from non-Federal
        interests pursuant to subsection (b)(2)(A);
            (2) a description of technical assistance provided to non-
        Federal interests under subsection (b)(2)(B);
            (3) a description of proposals selected under subsection
        (b)(2)(C) and criteria used to select such proposals;
            (4) a description of the projects evaluated or recommended by
        the Secretary under subsection (c);
            (5) a description of the quantifiable monetary and nonmonetary
        benefits associated with the projects recommended under subsection
        (c); and
            (6) any recommendations to Congress on how the Secretary can
        address the flood risk management and hurricane and storm damage
        risk reduction needs of economically disadvantaged communities.
        (f) State Defined.--In this section, the term ``State'' means each
    of the several States, the District of Columbia, and each of the
    commonwealths, territories, and possessions of the United States.
        (g) Sunset.--The authority to commence a feasibility study under
    subsection (b), and the authority make a recommendation under
    subsection (c), shall terminate on the date that is 10 years after the
    date of enactment of this Act.
        SEC. 119. PERMANENT MEASURES TO REDUCE EMERGENCY FLOOD FIGHTING
          NEEDS FOR COMMUNITIES SUBJECT TO REPETITIVE FLOODING.
        (a) Definitions.--In this section:
            (1) Affected community.--The term ``affected community'' means
        a legally constituted public body (as that term is used in section
        221(b) of the Flood Control Act of 1970 (42 U.S.C. 1962d-5b(b))--
                (A) with jurisdiction over an area that has been subject to
            flooding in two or more events in any 10-year period; and
                (B) that has received emergency flood-fighting assistance,
            including construction of temporary barriers by the Secretary,
            under section 5 of the Act of August 18, 1941 (33 U.S.C. 701n)
            with respect to such flood events.
            (2) Natural feature; nature-based feature.--The terms ``natural
        feature'' and ``nature-based feature'' have the meanings given
        those terms in section 1184 of the Water Resources Development Act
        of 2016 (33 U.S.C. 2289a).
        (b) Program.--
            (1) In general.--The Secretary is authorized to carry out a
        program to study, design, and construct water resources development
        projects through measures involving, among other things,
        strengthening, raising, extending, realigning, or otherwise
        modifying existing flood control works, designing new works, and
        incorporating natural features, nature-based features, or
        nonstructural features, as appropriate to provide flood and coastal
        storm risk management to affected communities.
            (2) Considerations.--In carrying out paragraph (1), the
        Secretary shall, to the maximum extent practical, review and, where
        appropriate, incorporate natural features or nature-based features,
        or a combination of such features and nonstructural features, that
        avoid or reduce at least 50 percent of flood or storm damages in
        one or more of the alternatives included in the final alternatives
        evaluated.
            (3) Construction.--
                (A) In general.--The Secretary may carry out a project
            described in paragraph (1) without further congressional
            authorization if--
                    (i) the Secretary determines that the project--

                        (I) is advisable to reduce the risk of flooding for
                    an affected community; and
                        (II) produces benefits that are in excess of the
                    estimated costs; and

                    (ii) the Federal share of the cost of the construction
                does not exceed $17,500,000.
                (B) Specific authorization.--If the Federal share of the
            cost of a project described in paragraph (1) exceeds
            $17,500,000, the Secretary shall submit the project
            recommendation to Congress for authorization prior to
            construction, and shall include the project recommendation in
            the next annual report submitted under section 7001 of the
            Water Resources Reform and Development Act of 2014.
                (C) Financing.--
                    (i) Contributions.--If, based on a study carried out
                pursuant to paragraph (1), the Secretary determines that a
                project described in paragraph (1) will not produce
                benefits greater than cost, the Secretary shall allow the
                affected community to pay, or provide contributions equal
                to, an amount sufficient to make the remaining costs of
                design and construction of the project equal to the
                estimated value of the benefits of the project.
                    (ii) Effect on non-federal share.--Amounts provided by
                an affected community under clause (i) shall be in addition
                to any payments or contributions the affected community is
                required to provide toward the remaining costs of design
                and construction of the project under section 103 of the
                Water Resources Development Act of 1986 (33 U.S.C. 2213).
            (4) Ability to pay.--
                (A) In general.--Any cost-sharing agreement for a project
            entered into pursuant to this section shall be subject to the
            ability of the affected community to pay.
                (B) Determination.--The ability of any affected community
            to pay shall be determined by the Secretary in accordance with
            procedures established by the Secretary.
                (C) Effect of reduction.--Any reduction in the non-Federal
            share of the cost of a project described in paragraph (1) as a
            result of a determination under this paragraph shall not be
            included in the Federal share for purposes of subparagraphs (A)
            and (B) of paragraph (3).
        SEC. 120. EMERGENCY RESPONSE TO NATURAL DISASTERS.
        Section 5 of the Act of August 18, 1941 (33 U.S.C. 701n) is
    amended--
            (1) in subsection (a)--
                (A) in paragraph (2)(B)--
                    (i) in clause (i)(I), by inserting ``, or provide
                contributions equal to,'' after ``pay''; and
                    (ii) in clause (ii)--

                        (I) in the heading, by inserting ``and
                    contributions'' after ``of payments'';
                        (II) by inserting ``or contributions'' after ``Non-
                    Federal payments''; and
                        (III) by inserting ``or contributions'' after
                    ``non-Federal payments''; and

                (B) by adding at the end the following:
            ``(5) Feasibility study.--
                ``(A) Determination.--Not later than 180 days after
            receiving, from a non-Federal sponsor of a project to repair or
            rehabilitate a flood control work described in paragraph (1), a
            request to initiate a feasibility study to further modify the
            relevant flood control work to provide for an increased level
            of protection, the Secretary shall provide to the non-Federal
            sponsor a written decision on whether the Secretary has the
            authority under section 216 of the Flood Control Act of 1970
            (33 U.S.C. 549a) to undertake the requested feasibility study.
                ``(B) Recommendation.--If the Secretary determines under
            subparagraph (B) that the Secretary does not have the authority
            to undertake the requested feasibility study, the Secretary
            shall include the request for a feasibility study in the annual
            report submitted under section 7001 of the Water Resources
            Reform and Development Act of 2014.''; and
            (2) in subsection (c)--
                (A) in the subsection heading, by striking ``Levee Owners
            Manual'' and inserting ``Eligibility'';
                (B) in paragraph (1), in the heading, by striking ``In
            general'' and inserting ``Levee owner's manual'';
                (C) by redesignating paragraphs (2) and (3) as paragraphs
            (3) and (4), respectively, and inserting after paragraph (1)
            the following:
            ``(2) Compliance.--
                ``(A) In general.--Notwithstanding the status of compliance
            of a non-Federal interest with the requirements of a levee
            owner's manual described in paragraph (1), or with any other
            eligibility requirement established by the Secretary related to
            the maintenance and upkeep responsibilities of the non-Federal
            interest, the Secretary shall consider the non-Federal interest
            to be eligible for repair and rehabilitation assistance under
            this section if the non-Federal interest--
                    ``(i) enters into a written agreement with the
                Secretary that identifies any items of deferred or
                inadequate maintenance and upkeep identified by the
                Secretary prior to the natural disaster; and
                    ``(ii) pays, during performance of the repair and
                rehabilitation work, all costs to address--

                        ``(I) any items of deferred or inadequate
                    maintenance and upkeep identified by the Secretary; and
                        ``(II) any repair or rehabilitation work necessary
                    to address damage the Secretary attributes to such
                    deferred or inadequate maintenance or upkeep.

                ``(B) Eligibility.--The Secretary may only enter into one
            agreement under subparagraph (A) with any non-Federal interest.
                ``(C) Sunset.--The authority of the Secretary to enter into
            agreements under paragraph (2) shall terminate on the date that
            is 5 years after the date of enactment of this paragraph.'';
            and
                (D) in paragraph (3) (as so redesignated), by striking
            ``this subsection'' and inserting ``paragraph (1)''.
        SEC. 121. COST AND BENEFIT FEASIBILITY ASSESSMENT.
        Section 1161(b) of the Water Resources Development Act of 2018 (33
    U.S.C. 701n note) is amended--
            (1) in the matter preceding paragraph (1)--
                (A) by striking the ``three fiscal years preceding'' and
            inserting ``five fiscal years preceding''; and
                (B) by striking ``last day of the third fiscal year'' and
            inserting ``last day of the fifth fiscal year'';
            (2) in paragraph (1), by inserting ``, or provide contributions
        equal to,'' before ``an amount sufficient''; and
            (3) by striking paragraph (2) and inserting the following:
            ``(2) the Secretary determines that the damage to the structure
        was not as a result of negligent operation or maintenance.''.
        SEC. 122. EXPEDITING REPAIRS AND RECOVERY FROM FLOODING.
        (a) In General.--To the maximum extent practicable, during the 5-
    year period beginning on the date of enactment of this Act, the
    Secretary shall prioritize and expedite the processing of applications
    for permits under section 10 of the Act of March 3, 1899 (33 U.S.C.
    403), and section 404 of the Federal Water Pollution Control Act (33
    U.S.C. 1344), and permissions under section 14 of the Act of March 3,
    1899 (33 U.S.C. 408), to complete repairs, reconstruction (including
    improvements), and upgrades to flood control infrastructure damaged by
    flooding events during calendar years 2017 through 2020, including
    flooding events caused by ice jams.
        (b) Savings Provision.--Nothing in this section affects any
    obligation to comply with the requirements of any Federal law,
    including--
            (1) the National Environmental Policy Act of 1969 (42 U.S.C.
        4321 et seq.);
            (2) the Federal Water Pollution Control Act (33 U.S.C. 1251 et
        seq.); and
            (3) the Endangered Species Act of 1973 (16 U.S.C. 1531 et
        seq.).
        SEC. 123. REVIEW OF CORPS OF ENGINEERS ASSETS.
        Section 6002 of the Water Resources Reform and Development Act of
    2014 (128 Stat. 1349) is amended to read as follows:
    ``SEC. 6002. REVIEW OF CORPS OF ENGINEERS ASSETS.
        ``(a) Assessment.--The Secretary shall conduct an assessment of
    projects constructed by the Secretary for which the Secretary continues
    to have financial or operational responsibility.
        ``(b) Inventory.--Not later than 18 months after the date of
    enactment of the Water Resources Development Act of 2020, the Secretary
    shall, based on the assessment carried out under subsection (a),
    develop an inventory of projects or portions of projects--
            ``(1) that are not needed for the missions of the Corps of
        Engineers;
            ``(2) the modification of which, including though the use of
        structural features, nonstructural features, or natural features or
        nature-based features (as those terms are defined in section
        1184(a) of the Water Resources Development Act of 2016 (33 U.S.C.
        2289a(a)), could improve the sustainable operations of the project,
        or reduce operation and maintenance costs for the project; or
            ``(3) that are no longer having project purposes adequately met
        by the Corps of Engineers, because of deferment of maintenance or
        other challenges, and the divestment of which to a non-Federal
        entity could better meet the local and regional needs for operation
        and maintenance.
        ``(c) Criteria.--In conducting the assessment under subsection (a)
    and developing the inventory under subsection (b), the Secretary shall
    use the following criteria:
            ``(1) The extent to which the project aligns with the current
        missions of the Corps of Engineers.
            ``(2) The economic and environmental impacts of the project on
        existing communities in the vicinity of the project.
            ``(3) The extent to which the divestment or modification of the
        project could reduce operation and maintenance costs of the Corps
        of Engineers.
            ``(4) The extent to which the divestment or modification of the
        project is in the public interest.
            ``(5) The extent to which investment of additional Federal
        resources in the project proposed for divestment or modification,
        including investment needed to bring the project to a good state of
        repair, is in the public interest.
            ``(6) The extent to which the authorized purpose of the project
        is no longer being met.
        ``(d) Recommendations of Non-Federal Interests.--A non-Federal
    interest for a project may recommend that the Secretary include such
    project in the assessment or inventory required under this section.
        ``(e) Report to Congress.--
            ``(1) In general.--Upon completion of the inventory required by
        subsection (b), the Secretary shall submit to the Committee on
        Environment and Public Works of the Senate and the Committee on
        Transportation and Infrastructure of the House of Representatives,
        and make publicly available, a report containing the findings of
        the Secretary with respect to the assessment and inventory required
        under this section.
            ``(2) Inclusion.--The Secretary shall list in an appendix any
        recommendation of a non-Federal interest made with respect to a
        project under subsection (d) that the Secretary determines not to
        include in the inventory developed under subsection (b), based on
        the criteria in subsection (c), including information about the
        request and the reasons for the Secretary's determination.''.
        SEC. 124. SENSE OF CONGRESS ON MULTIPURPOSE PROJECTS.
        It is the sense of Congress that the Secretary, in coordination
    with non-Federal interests, should maximize the development,
    evaluation, and recommendation of project alternatives for future water
    resources development projects that produce multiple project benefits,
    such as navigation, flood risk management, and ecosystem restoration
    benefits, including through the use of natural or nature-based features
    and the beneficial use of dredged material.
        SEC. 125. BENEFICIAL USE OF DREDGED MATERIAL; DREDGED MATERIAL
          MANAGEMENT PLANS.
        (a) National Policy on the Beneficial Use of Dredged Material.--
            (1) In general.--It is the policy of the United States for the
        Corps of Engineers to maximize the beneficial use, in an
        environmentally acceptable manner, of suitable dredged material
        obtained from the construction or operation and maintenance of
        water resources development projects.
            (2) Placement of dredged materials.--
                (A) In general.--In evaluating the placement of dredged
            material obtained from the construction or operation and
            maintenance of water resources development projects, the
            Secretary shall consider--
                    (i) the suitability of the dredged material for a full
                range of beneficial uses; and
                    (ii) the economic and environmental benefits,
                efficiencies, and impacts (including the effects on living
                coral) of using the dredged material for beneficial uses,
                including, in the case of beneficial use activities that
                involve more than one water resources development project,
                the benefits, efficiencies, and impacts that result from
                the combined activities.
                (B) Calculation of federal standard.--
                    (i) Determination.--The economic benefits and
                efficiencies from the beneficial use of dredged material
                considered by the Secretary under subparagraph (A) shall be
                included in any determination relating to the ``Federal
                standard'' by the Secretary under section 335.7 of title
                33, Code of Federal Regulations, for the placement or
                disposal of such material.
                    (ii) Reports.--The Secretary shall submit to Congress--

                        (I) a report detailing the method and all of the
                    factors utilized by the Corps of Engineers to determine
                    the Federal standard referred to in clause (i); and
                        (II) for each evaluation under subparagraph (A), a
                    report displaying the calculations for economic and
                    environmental benefits and efficiencies from the
                    beneficial use of dredged material (including, where
                    appropriate, the utilization of alternative dredging
                    equipment and dredging disposal methods) considered by
                    the Secretary under such subparagraph for the placement
                    or disposal of such material.

                (C) Selection of dredged material disposal method for
            certain purposes.--Section 204(d) of the Water Resources
            Development Act of 1992 (33 U.S.C. 2326(d)) is amended--
                    (i) in paragraph (1)--

                        (I) in the matter preceding subparagraph (A), by
                    striking ``In developing'' and all that follows through
                    ``the non-Federal interest,'' and inserting ``At the
                    request of the non-Federal interest for a water
                    resources development project involving the disposal of
                    dredged material, the Secretary, using funds
                    appropriated for construction or operation and
                    maintenance of the project, may select''; and
                        (II) in subparagraph (B), by striking ``flood and
                    storm damage and flood reduction benefits'' and
                    inserting ``hurricane and storm or flood risk reduction
                    benefits''; and

                    (ii) by adding at the end the following:
            ``(5) Selection of dredged material disposal method for certain
        purposes.--Activities carried out under this subsection--
                ``(A) shall be carried out using amounts appropriated for
            construction or operation and maintenance of the project
            involving the disposal of the dredged material; and
                ``(B) shall not carried out using amounts made available
            under subsection (g).''.
        (b) Beneficial Use of Dredged Material.--
            (1) Pilot program projects.--Section 1122 of the Water
        Resources Development Act of 2016 (33 U.S.C. 2326 note) is
        amended--
                (A) in subsection (a)--
                    (i) in paragraph (6), by striking ``; and'' and
                inserting a semicolon;
                    (ii) in paragraph (7)(C), by striking the period at the
                end and inserting ``; and''; and
                    (iii) by adding at the end the following:
            ``(8) recovering lost storage capacity in reservoirs due to
        sediment accumulation, if the project also has a purpose described
        in any of paragraphs (1) through (7).'';
                (B) in subsection (b)(1), by striking ``20'' and inserting
            ``35''; and
                (C) in subsection (g), by striking ``20'' and inserting
            ``35''.
            (2) Sense of congress.--It is the sense of Congress that the
        Secretary, in selecting projects for the beneficial use of dredged
        materials under section 1122 of the Water Resources Development Act
        of 2016 (33 U.S.C. 2326 note), should ensure the thorough
        evaluation of project submissions from rural, small, and
        economically disadvantaged communities.
            (3) Project selection.--In selecting projects for the
        beneficial use of dredged materials under section 1122 of the Water
        Resources Development Act of 2016 (33 U.S.C. 2326 note), the
        Secretary shall prioritize the selection of at least one project
        for the utilization of thin layer placement of dredged fine and
        coarse grain sediment and at least one project for recovering lost
        storage capacity in reservoirs due to sediment accumulation
        authorized by subsection (a)(8) of such section, to the extent that
        a non-Federal interest has submitted an application for such
        project purposes that otherwise meets the requirements of such
        section.
            (4) Temporary easements.--Section 1148 of the Water Resources
        Development Act of 2018 (33 U.S.C. 2326 note) is amended--
                (A) in subsection (a)--
                    (i) by striking ``grant'' and inserting ``approve'';
                and
                    (ii) by striking ``granting'' and inserting
                ``approving''; and
                (B) in subsection (b), by striking ``grants'' and inserting
            ``approves''.
        (c) Five-Year Regional Dredged Material Management Plans.--
            (1) In general.--Not later than 1 year after the date of
        enactment of this Act, and annually thereafter, the District
        Commander of each district of the Corps of Engineers that obtains
        dredged material through the construction or operation and
        maintenance of a water resources development project shall, at
        Federal expense, develop and submit to the Secretary a 5-year
        dredged material management plan in coordination with relevant
        State agencies and stakeholders.
            (2) Scope.--Each plan developed under this subsection shall
        include--
                (A) a dredged material budget for each watershed or
            littoral system within the district;
                (B) an estimate of the amount of dredged material likely to
            be obtained through the construction or operation and
            maintenance of all water resources development projects
            projected to be carried out within the district during the 5-
            year period following submission of the plan, and the estimated
            timing for obtaining such dredged material;
                (C) an identification of potential water resources
            development projects projected to be carried out within the
            district during such 5-year period that are suitable for, or
            that require, the placement of dredged material, and an
            estimate of the amount of dredged material placement capacity
            of such projects;
                (D) an evaluation of--
                    (i) the suitability of the dredged material for a full
                range of beneficial uses; and
                    (ii) the economic and environmental benefits,
                efficiencies, and impacts (including the effects on living
                coral) of using the dredged material for beneficial uses,
                including, in the case of beneficial use activities that
                involve more than one water resources development project,
                the benefits, efficiencies, and impacts that result from
                the combined activities;
                (E) the district-wide goals for beneficial use of the
            dredged material, including any expected cost savings from
            aligning and coordinating multiple projects (including projects
            across Corps districts) in the use of the dredged material; and
                (F) a description of potential beneficial use projects
            identified through stakeholder solicitation and coordination.
            (3) Public comment.--In developing each plan under this
        subsection, each District Commander shall provide notice and an
        opportunity for public comment, including a solicitation for
        stakeholders to identify beneficial use projects, in order to
        ensure, to the extent practicable, that beneficial use of dredged
        material is not foregone in a particular fiscal year or dredging
        cycle.
            (4) Public availability.--Upon submission of each plan to the
        Secretary under this subsection, each District Commander shall make
        the plan publicly available, including on a publicly available
        website.
            (5) Transmission to congress.--As soon as practicable after
        receiving a plan under subsection (a), the Secretary shall transmit
        the plan to Congress.
            (6) Regional sediment management plans.--A plan developed under
        this section--
                (A) shall be in addition to regional sediment management
            plans prepared under section 204(a) of the Water Resources
            Development Act of 1992 (33 U.S.C. 2326(a)); and
                (B) shall not be subject to the limitations in section
            204(g) of the Water Resources Development Act of 1992 (33
            U.S.C. 2326(g)).
        (d) Dredge Pilot Program.--
            (1) Revisions.--Section 1111 of the Water Resources Development
        Act of 2018 (33 U.S.C. 2326 note) is amended--
                (A) in subsection (a), by striking ``for the operation and
            maintenance of harbors and inland harbors'' and all that
            follows through the period at the end and inserting the
            following: ``for the operation and maintenance of--
            ``(1) harbors and inland harbors referred to in section
        210(a)(2) of the Water Resources Development Act of 1986 (33 U.S.C.
        2238(a)(2)); or
            ``(2) inland and intracoastal waterways of the United States
        described in section 206 of the Inland Waterways Revenue Act of
        1978 (33 U.S.C. 1804).''; and
                (B) in subsection (b), by striking ``or inland harbors''
            and inserting ``, inland harbors, or inland or intracoastal
            waterways''.
            (2) Coordination with existing authorities.--The Secretary may
        carry out the dredge pilot program authorized by section 1111 of
        the Water Resources Development Act of 2018 (33 U.S.C. 2326 note)
        in coordination with Federal regional dredge demonstration programs
        in effect on the date of enactment of this Act.
        SEC. 126. AQUATIC ECOSYSTEM RESTORATION FOR ANADROMOUS FISH.
        (a) Anadromous Fish Habitat and Passage.--Section 206 of the Water
    Resources Development Act of 1996 (33 U.S.C. 2330) is amended--
            (1) in subsection (a), by adding at the end the following:
            ``(3) Anadromous fish habitat and passage.--
                ``(A) Measures.--A project under this section may include
            measures to improve habitat or passage for anadromous fish,
            including--
                    ``(i) installing fish bypass structures on small water
                diversions;
                    ``(ii) modifying tide gates; and
                    ``(iii) restoring or reconnecting floodplains and
                wetlands that are important for anadromous fish habitat or
                passage.
                ``(B) Benefits.--A project that includes measures under
            this paragraph shall be formulated to maximize benefits for the
            anadromous fish species benefitted by the project.''; and
            (2) by adding at the end the following:
        ``(g) Prioritization.--The Secretary shall give projects that
    include measures described in subsection (a)(3) equal priority for
    implementation as other projects under this section.''.
        SEC. 127. ANNUAL REPORT TO CONGRESS ON WATER RESOURCES
          INFRASTRUCTURE.
        (a)  In General.--Section 7001 of the Water Resources Reform and
    Development Act of 2014 (33 U.S.C. 2282d) is amended--
            (1) in subsection (c)--
                (A) in paragraph (1)--
                    (i) in subparagraph (B)(ii)(III), by inserting ``,
                regional, or local'' after ``national''; and
                    (ii) by adding at the end the following:
                ``(D) Modifications of projects carried out pursuant to
            continuing authority programs.--
                    ``(i) In general.--With respect to a project being
                carried out pursuant to a continuing authority program for
                which a proposed modification is necessary because the
                project is projected to exceed, in the coming fiscal year,
                the maximum Federal cost of the project, the Secretary
                shall include a proposed modification in the annual report
                if the proposed modification will result in completion of
                construction the project and the justification for the
                modification is not the result of a change in the scope of
                the project.
                    ``(ii) Inclusion.--For each proposed modification
                included in an annual report under clause (i), the
                Secretary shall include in the annual report--

                        ``(I) a justification of why the modification is
                    necessary;
                        ``(II) an estimate of the total cost and timeline
                    required to complete construction of the project; and
                        ``(III) an indication of continued support by the
                    non-Federal interest and the financial ability of the
                    non-Federal interest to provide the required cost-
                    share.

                    ``(iii) Definition.--For the purposes of this
                subparagraph, the term `continuing authority program' means
                any of--

                        ``(I) section 14 of the Flood Control Act of 1946
                    (33 U.S.C. 701r);
                        ``(II) section 3 of the Act of August 13, 1946 (33
                    U.S.C. 426g);
                        ``(III) section 107 of the River and Harbor Act of
                    1960 (33 U.S.C. 577);
                        ``(IV) section 111 of the River and Harbor Act of
                    1968 (33 U.S.C. 426i);
                        ``(V) section 204 of the Water Resources
                    Development Act of 1992 (33 U.S.C. 2326);
                        ``(VI) section 205 of the Flood Control Act of 1948
                    (33 U.S.C. 701s);
                        ``(VII) section 206 of the Water Resources
                    Development Act of 1996 (33 U.S.C. 2330);
                        ``(VIII) section 2 of the Act of August 28, 1937
                    (33 U.S.C. 701g); and
                        ``(IX) section 1135 of the Water Resources
                    Development Act of 1986 (33 U.S.C. 2309a).''; and

                (B) in paragraph (4)(B)--
                    (i) in clause (i), by striking ``and'' at the end;
                    (ii) by redesignating clause (ii) as clause (iii); and
                    (iii) by inserting after clause (i) the following:
                    ``(ii) the Secretary shall not include proposals in the
                appendix of the annual report that otherwise meet the
                criteria for inclusion in the annual report solely on the
                basis that the proposals are for the purposes of
                navigation, flood risk management, ecosystem restoration,
                or municipal or agricultural water supply; and''; and
            (2) in subsection (g)(5), by striking ``if authorized'' and all
        that follows through ``2016''.
        (b) Over-Budget Cap Programs.--For any project carried out under a
    continuing authority program, as such term is defined in section
    7001(c)(1)(D) of the Water Resources Reform and Development Act of 2014
    (33 U.S.C. 2282d)), for which the Secretary is required to include a
    proposed modification in an annual report under such section
    7001(c)(1)(D), the Secretary shall, to the extent practicable, inform
    the non-Federal interest of the process for carrying out the project
    pursuant to section 105 of the Water Resources Development Act of 1986
    (33 U.S.C. 2215) and whether the Secretary has the authority to
    complete a feasibility study for the project.
        (c) Annual Report on Status of Feasibility Studies.--Concurrent
    with each report submitted under section 7001 of the Water Resources
    Reform and Development Act of 2014 (33 U.S.C. 2282d), the Secretary
    shall submit to the Committee on Transportation and Infrastructure of
    the House of Representatives and the Committee on Environment and
    Public Works of the Senate a report that provides for an accounting of
    all outstanding feasibility studies being conducted by the Secretary,
    including, for each such study, its length, cost, and expected
    completion date.
        SEC. 128. HARMFUL ALGAL BLOOM DEMONSTRATION PROGRAM.
        (a) In General.--The Secretary shall carry out a demonstration
    program to determine the causes of, and implement measures to
    effectively detect, prevent, treat, and eliminate, harmful algal blooms
    associated with water resources development projects.
        (b) Consultation; Use of Existing Data and Program Authorities.--In
    carrying out the demonstration program under subsection (a), the
    Secretary shall--
            (1) consult with the heads of appropriate Federal and State
        agencies; and
            (2) make maximum use of existing Federal and State data and
        ongoing programs and activities of Federal and State agencies,
        including the activities of the Secretary carried out through the
        Engineer Research and Development Center pursuant to section 1109
        of the Water Resources Development Act of 2018 (33 U.S.C. 610
        note).
        (c) Focus Areas.--In carrying out the demonstration program under
    subsection (a), the Secretary shall undertake program activities
    related to harmful algal blooms in the Great Lakes, the tidal and
    inland waters of the State of New Jersey, the coastal and tidal waters
    of the State of Louisiana, the waterways of the counties that comprise
    the Sacramento-San Joaquin Delta, California, the Allegheny Reservoir
    Watershed, New York, and Lake Okeechobee, Florida.
        (d) Additional Focus Areas.--In addition to the areas described in
    subsection (c), in carrying out the demonstration program under
    subsection (a), the Secretary shall undertake program activities
    related to harmful algal blooms at any Federal reservoir located in the
    Upper Missouri River Basin or the North Platte River Basin, at the
    request and expense of another Federal agency.
        (e) Authorization of Appropriations.--There is authorized to be
    appropriated to the Secretary $25,000,000 to carry out this section.
    Such sums shall remain available until expended.
        SEC. 129. MISSOURI RIVER INTERCEPTION-REARING COMPLEX CONSTRUCTION.
        (a) Report.--Not later than 1 year after the date of enactment of
    this Act, and annually thereafter, the Secretary shall submit to the
    Committee on Transportation and Infrastructure of the House of
    Representatives and the Committee on Environment and Public Works of
    the Senate a report on the effects of any interception-rearing complex
    constructed on the Missouri River on--
            (1) flood risk management and navigation; and
            (2) the population recovery of the pallid sturgeon, including
        baseline population counts.
        (b) No Additional IRC Construction.--The Secretary may not
    authorize construction of an interception-rearing complex on the
    Missouri River until the Secretary--
            (1) submits the report required by subsection (a);
            (2) acting through the Engineer Research and Development
        Center, conducts further research on interception-rearing complex
        design, including any effects on existing flows, flood risk
        management, and navigation; and
            (3) develops a plan--
                (A) to repair dikes and revetments that are affecting flood
            risk and bank erosion; and
                (B) to establish, repair, or improve water control
            structures at the headworks of constructed shallow water
            habitat side-channels.
        (c) Future IRC Construction.--
            (1) Public comment.--The Secretary shall provide an opportunity
        for comment from the public and the Governor of each affected State
        on any proposals to construct an interception-rearing complex after
        the date of enactment of this Act.
            (2) Period.--The public comment period required by paragraph
        (1) shall be not less than 90 days for each proposal to construct
        an interception-rearing complex on the Missouri River.
        SEC. 130. MATERIALS, SERVICES, AND FUNDS FOR REPAIR, RESTORATION,
          OR REHABILITATION OF PROJECTS.
        (a) Definitions.--In this section:
            (1) Covered area.--The term ``covered area'' means an area--
                (A) for which the Governor of a State has requested a
            determination that an emergency exists; or
                (B) covered by an emergency or major disaster declaration
            declared under the Robert T. Stafford Disaster Relief and
            Emergency Assistance Act (42 U.S.C. 5121 et seq.).
            (2) Emergency period.--The term ``emergency period'' means--
                (A) with respect to a covered area described in paragraph
            (1)(A), the period during which the Secretary determines an
            emergency exists; and
                (B) with respect to a covered area described in paragraph
            (1)(B), the period during which the applicable declaration is
            in effect.
        (b) In General.--In any covered area, the Secretary is authorized
    to accept and use materials, services, and funds, during the emergency
    period, from a non-Federal interest or private entity to repair,
    restore, or rehabilitate a federally authorized water resources
    development project, and to provide reimbursement to such non-Federal
    interest or private entity for such materials, services, and funds, in
    the Secretary's sole discretion, and subject to the availability of
    appropriations, if the Secretary determines that reimbursement is in
    the public interest.
        (c) Additional Requirement.--The Secretary may only reimburse for
    the use of materials or services accepted under this section if such
    materials or services meet the Secretary's specifications and comply
    with all applicable laws and regulations that would apply if such
    materials and services were acquired by the Secretary, including
    sections 3141 through 3148 and 3701 through 3708 of title 40, United
    States Code, section 8302 of title 41, United States Code, and the
    National Environmental Policy Act of 1969.
        (d) Agreements.--
            (1) In general.--Prior to the acceptance of materials,
        services, or funds under this section, the Secretary and the non-
        Federal interest or private entity shall enter into an agreement
        that specifies--
                (A) the non-Federal interest or private entity shall hold
            and save the United States free from any and all damages that
            arise from use of materials or services of the non-Federal
            interest or private entity, except for damages due to the fault
            or negligence of the United States or its contractors;
                (B) the non-Federal interest or private entity shall
            certify that the materials or services comply with all
            applicable laws and regulations under subsection (c); and
                (C) any other term or condition required by the Secretary.
            (2) Exception.--If an agreement under paragraph (1) was not
        entered prior to materials or services being contributed, a non-
        Federal interest or private entity shall enter into an agreement
        with the Secretary that--
                (A) specifies the value, as determined by the Secretary, of
            those materials or services contributed and eligible for
            reimbursement; and
                (B) ensures that the materials or services comply with
            subsection (c) and paragraph (1).
        SEC. 131. LEVEE SAFETY.
        Section 9004 of the Water Resources Development Act of 2007 (33
    U.S.C. 3303) is amended by adding at the end the following:
        ``(d) Identification of Deficiencies.--
            ``(1) In general.--For each levee included in an inventory
        established under subsection (b) or for which the Secretary has
        conducted a review under subsection (c), the Secretary shall--
                ``(A) identify the specific engineering and maintenance
            deficiencies, if any; and
                ``(B) describe the recommended remedies to correct each
            deficiency identified under subparagraph (A), and, if requested
            by owner of a non-Federal levee, the associated costs of those
            remedies.
            ``(2) Consultation.--In identifying deficiencies and describing
        remedies for a levee under paragraph (1), the Secretary shall
        consult with relevant non-Federal interests, including by providing
        an opportunity for comment by those non-Federal interests.''.
        SEC. 132. NATIONAL DAM SAFETY PROGRAM.
        (a) Definitions.--Section 2 of the National Dam Safety Program Act
    (33 U.S.C. 467) is amended--
            (1) in paragraph (4)--
                (A) in subparagraph (A)--
                    (i) by striking clause (iii) and inserting the
                following:
                    ``(iii) has an emergency action plan that--

                        ``(I) is approved by the relevant State dam safety
                    agency; or
                        ``(II) is in conformance with State law and pending
                    approval by the relevant State dam safety agency;'';
                    and

                    (ii) by striking clause (iv) and inserting the
                following:
                    ``(iv) fails to meet minimum dam safety standards of
                the State in which the dam is located, as determined by the
                State; and
                    ``(v) poses an unacceptable risk to the public, as
                determined by the Administrator, in consultation with the
                Board.''; and
                (B) in subparagraph (B)(i), by inserting ``under a
            hydropower project with an authorized installed capacity of
            greater than 1.5 megawatts'' after ``dam''; and
            (2) in paragraph (10)--
                (A) in the heading, by striking ``Non-federal sponsor'' and
            inserting ``Eligible subrecipient''; and
                (B) by striking ``The term `non-Federal sponsor''' and
            inserting ``The term `eligible subrecipient'''.
        (b) Rehabilitation of High Hazard Potential Dams.--
            (1) Establishment of program.--Section 8A(a) of the National
        Dam Safety Program Act (33 U.S.C. 467f-2(a)) is amended by striking
        ``to non-Federal sponsors'' and inserting ``to States with dam
        safety programs''.
            (2) Eligible activities.--Section 8A(b) of the National Dam
        Safety Program Act (33 U.S.C. 467f-2(b)) is amended, in the matter
        preceding paragraph (1), by striking ``for a project may be used
        for'' and inserting ``to a State may be used by the State to award
        grants to eligible subrecipients for''.
            (3) Award of grants.--Section 8A(c) of the National Dam Safety
        Program Act (33 U.S.C. 467f-2(c)) is amended--
                (A) in paragraph (1)(A), by striking ``non-Federal
            sponsor'' and inserting ``State''; and
                (B) in paragraph (2)--
                    (i) in subparagraph (A), by striking ``an eligible high
                hazard potential dam to a non-Federal sponsor'' and
                inserting ``eligible high hazard potential dams to a
                State'';
                    (ii) in subparagraph (B)--

                        (I) in the subparagraph heading, by striking
                    ``Project grant'' and inserting ``Grant'';
                        (II) by striking ``project grant agreement with the
                    non-Federal sponsor'' and inserting ``grant agreement
                    with the State''; and
                        (III) by striking ``project,'' and inserting
                    ``projects for which the grant is awarded,'';

                    (iii) by amending subparagraph (C) to read as follows:
                ``(C) Grant assurance.--As part of a grant agreement under
            subparagraph (B), the Administrator shall require that each
            eligible subrecipient to which the State awards a grant under
            this section provides an assurance, with respect to the dam to
            be rehabilitated by the eligible subrecipient, that the dam
            owner will carry out a plan for maintenance of the dam during
            the expected life of the dam.''; and
                    (iv) in subparagraph (D), by striking ``A grant
                provided under this section shall not exceed'' and
                inserting ``A State may not award a grant to an eligible
                subrecipient under this section that exceeds, for any 1
                dam,''.
            (4) Requirements.--Section 8A(d) of the National Dam Safety
        Program Act (33 U.S.C. 467f-2(d)) is amended--
                (A) in paragraph (1), by inserting ``to an eligible
            subrecipient'' after ``this section'';
                (B) in paragraph (2)--
                    (i) in the paragraph heading, by striking ``Non-federal
                sponsor'' and inserting ``Eligible subrecipient'';
                    (ii) in the matter preceding subparagraph (A), by
                striking ``the non-Federal sponsor shall'' and inserting
                ``an eligible subrecipient shall, with respect to the dam
                to be rehabilitated by the eligible subrecipient'';
                    (iii) by amending subparagraph (A) to read as follows:
                ``(A) demonstrate that the community in which the dam is
            located participates in, and complies with, all applicable
            Federal flood insurance programs, including demonstrating that
            such community is participating in the National Flood Insurance
            Program, and is not on probation, suspended, or withdrawn from
            such Program;'';
                    (iv) in subparagraph (B), by striking ``have'' and
                inserting ``beginning not later than 2 years after the date
                on which the Administrator publishes criteria for hazard
                mitigation plans under paragraph (3), demonstrate that the
                Tribal or local government with jurisdiction over the area
                in which the dam is located has''; and
                    (v) in subparagraph (C), by striking ``50-year period''
                and inserting ``expected life of the dam''; and
                (C) by adding at the end the following:
            ``(3) Hazard mitigation plan criteria.--Not later than 1 year
        after the date of enactment of this paragraph, the Administrator,
        in consultation with the Board, shall publish criteria for hazard
        mitigation plans required under paragraph (2)(B).''.
            (5) Floodplain management plans.--Section 8A(e) of the National
        Dam Safety Program Act (33 U.S.C. 467f-2(e)) is amended--
                (A) in paragraph (1)--
                    (i) in the matter preceding subparagraph (A), by
                striking ``the non-Federal sponsor'' and inserting ``an
                eligible subrecipient''; and
                    (ii) in subparagraph (B), by striking ``1 year'' and
                inserting ``2 years'' each place it appears; and
                (B) by striking paragraph (3) and inserting the following:
            ``(3) Plan criteria and technical support.--The Administrator,
        in consultation with the Board, shall provide criteria, and may
        provide technical support, for the development and implementation
        of floodplain management plans prepared under this subsection.''.
            (6) Contractual requirements.--Section 8A(i)(1) of the National
        Dam Safety Program Act (33 U.S.C. 467f-2(i)(1)) is amended by
        striking ``a non-Federal sponsor'' and inserting ``an eligible
        subrecipient''.
        SEC. 133. REHABILITATION OF CORPS OF ENGINEERS CONSTRUCTED PUMP
          STATIONS.
        (a) Definitions.--In this section:
            (1) Eligible pump station.--The term ``eligible pump station''
        means a pump station--
                (A) constructed, in whole or in part, by the Corps of
            Engineers for flood risk management purposes;
                (B) that the Secretary has identified as having a major
            deficiency; and
                (C) the failure of which the Secretary has determined would
            impair the function of a flood risk management project
            constructed by the Corps of Engineers.
            (2) Rehabilitation.--
                (A) In general.--The term ``rehabilitation'', with respect
            to an eligible pump station, means to address a major
            deficiency of the eligible pump station caused by long-term
            degradation of the foundation, construction materials, or
            engineering systems or components of the eligible pump station.
                (B) Inclusions.--The term ``rehabilitation'', with respect
            to an eligible pump station, includes--
                    (i) the incorporation into the eligible pump station
                of--

                        (I) current design standards;
                        (II) efficiency improvements; and
                        (III) associated drainage; and

                    (ii) increasing the capacity of the eligible pump
                station, subject to the condition that the increase shall--

                        (I) significantly decrease the risk of loss of life
                    and property damage; or
                        (II) decrease total lifecycle rehabilitation costs
                    for the eligible pump station.

        (b) Authorization.--The Secretary may carry out rehabilitation of
    an eligible pump station, if the Secretary determines that the
    rehabilitation is feasible.
        (c) Cost Sharing.--The non-Federal interest for the eligible pump
    station shall--
            (1) provide 35 percent of the cost of rehabilitation of an
        eligible pump station carried out under this section; and
            (2) provide all land, easements, rights-of-way, and necessary
        relocations associated with the rehabilitation described in
        subparagraph (A), at no cost to the Federal Government.
        (d) Agreement Required.--The rehabilitation of an eligible pump
    station pursuant to this section shall be initiated only after a non-
    Federal interest has entered into a binding agreement with the
    Secretary--
            (1) to pay the non-Federal share of the costs of rehabilitation
        under subsection (c); and
            (2) to pay 100 percent of the operation and maintenance costs
        of the rehabilitated eligible pump station, in accordance with
        regulations promulgated by the Secretary.
        (e) Treatment.--The rehabilitation of an eligible pump station
    pursuant to this section shall not be considered to be a separable
    element of the associated flood risk management project constructed by
    the Corps of Engineers.
        (f) Authorization of Appropriations.--There is authorized to be
    appropriated to carry out this section $60,000,000, to remain available
    until expended.
        SEC. 134. NON-FEDERAL PROJECT IMPLEMENTATION PILOT PROGRAM.
        (a) Reauthorization; Implementation Guidance.--Section 1043(b) of
    the Water Resources Reform and Development Act of 2014 (33 U.S.C. 2201
    note) is amended--
            (1) in paragraph (7), by striking ``the date that is 5 years
        after the date of enactment of this Act'' and inserting ``September
        30, 2026'';
            (2) in paragraph (8), by striking ``2023'' and inserting
        ``2026''; and
            (3) by adding at the end the following:
            ``(9) Implementation guidance.--
                ``(A) In general.--Not later than 120 days after the date
            of enactment of this paragraph, the Secretary shall issue
            guidance for the implementation of the pilot program that, to
            the extent practicable, identifies--
                    ``(i) the metrics for measuring the success of the
                pilot program;
                    ``(ii) a process for identifying future projects to
                participate in the pilot program;
                    ``(iii) measures to address the risks of a non-Federal
                interest constructing projects under the pilot program,
                including which entity bears the risk for projects that
                fail to meet the Corps of Engineers standards for design or
                quality;
                    ``(iv) the laws and regulations that a non-Federal
                interest must follow in carrying out a project under the
                pilot program; and
                    ``(v) which entity bears the risk in the event that a
                project carried out under the pilot program fails to be
                carried out in accordance with the project authorization or
                this subsection.
                ``(B) New project partnership agreements.--The Secretary
            may not enter into a project partnership agreement under this
            subsection during the period beginning on the date of enactment
            of this paragraph and ending on the date on which the Secretary
            issues the guidance under subparagraph (A).''.
        (b) Non-Federal Project Implementation for Comprehensive Everglades
    Restoration Plan Projects.--
            (1) In general.--In carrying out the pilot program authorized
        under section 1043(b) of the Water Resources Reform and Development
        Act of 2014 (33 U.S.C. 2201 note), the Secretary is authorized to
        include a project authorized to be implemented by, or in accordance
        with, section 601 of the Water Resources Development Act of 2000,
        in accordance with such section 1043(b).
            (2) Eligibility.--In the case of a project described in
        paragraph (1) for which the non-Federal interest has initiated
        construction in compliance with authorities governing the provision
        of in-kind contributions for such project, the Secretary shall take
        into account the value of any in-kind contributions carried out by
        the non-Federal interest for such project prior to the date of
        execution of the project partnership agreement under section
        1043(b) of the Water Resources Reform and Development Act of 2014
        when determining the non-Federal share of the costs to complete
        construction of the project.
            (3) Guidance.--Not later than 180 days after the date of
        enactment of this subsection, and in accordance with the guidance
        issued under section 1043(b)(9) of the Water Resources Reform and
        Development Act of 2014 (as added by this section), the Secretary
        shall issue any additional guidance that the Secretary determines
        necessary for the implementation of this subsection.
        SEC. 135. COST SHARING PROVISIONS FOR TERRITORIES AND INDIAN
          TRIBES.
        Section 1156(b) of the Water Resources Development Act of 1986 (33
    U.S.C. 2310(b)) is amended by striking ``for inflation'' and all that
    follows through the period at the end and inserting ``on an annual
    basis for inflation.''.
        SEC. 136. REVIEW OF CONTRACTING POLICIES.
        (a) Review of Contractual Agreements.--
            (1) In general.--Not later than 180 days after the date of
        enactment of this section, the Secretary shall complete a review of
        the policies, guidelines, and regulations of the Corps of Engineers
        for the development of contractual agreements between the Secretary
        and non-Federal interests and utilities associated with the
        construction of water resources development projects.
            (2) Report.--Not later than 90 days after completing the review
        under subsection (a)(1), the Secretary shall submit to the
        Committee on Transportation and Infrastructure of the House of
        Representatives and the Committee on Environment and Public Works
        of the Senate, and make publicly available, a report that
        includes--
                (A) a summary of the results of the review; and
                (B) public guidance on best practices for a non-Federal
            interest to use when writing or developing contractual
            agreements with the Secretary and utilities.
            (3) Provision of guidance.--The Secretary shall provide the
        best practices guidance included under paragraph (2)(A) to non-
        Federal interests prior to the development of contractual
        agreements with such non-Federal interests.
        (b) Sense of Congress.--It is the sense of Congress that the
    Secretary should maximize use of nonprice tradeoff procedures in
    competitive acquisitions for carrying out emergency work in an area
    with respect to which the President has declared a major disaster under
    section 401 of the Robert T. Stafford Disaster Relief and Emergency
    Assistance Act.
        SEC. 137. CRITERIA FOR FUNDING ENVIRONMENTAL INFRASTRUCTURE
          PROJECTS.
        (a) In General.--Not later than 180 days after the date of
    enactment of this Act, the Secretary shall develop specific criteria
    for the evaluation and ranking of individual environmental assistance
    projects authorized by Congress (including projects authorized pursuant
    to environmental assistance programs) for the Secretary to carry out.
        (b) Minimum Criteria.--For the purposes of carrying out this
    section, the Secretary shall evaluate, at a minimum--
            (1) the nature and extent of the positive and negative local
        economic impacts of the project, including--
                (A) the benefits of the project to the local economy;
                (B) the extent to which the project will enhance local
            development;
                (C) the number of jobs that will be directly created by the
            project; and
                (D) the ability of the non-Federal interest to pay the
            applicable non-Federal share of the cost of the project;
            (2) the demographics of the location in which the project is to
        be carried out, including whether the project serves--
                (A) a rural community; or
                (B) an economically disadvantaged community, including an
            economically disadvantaged minority community;
            (3) the amount of appropriations a project has received;
            (4) the funding capability of the Corps of Engineers with
        respect to the project;
            (5) whether the project could be carried out under other
        Federal authorities at an equivalent cost to the non-Federal
        interest; and
            (6) any other criteria that the Secretary considers to be
        appropriate.
        (c) Inclusion in Guidance.--The Secretary shall include the
    criteria developed under subsection (a) in the annual Civil Works
    Direct Program Development Policy Guidance of the Secretary.
        (d) Report to Congress.--For fiscal year 2022, and biennially
    thereafter, in conjunction with the President's annual budget
    submission to Congress under section 1105(a) of title 31, United States
    Code, the Secretary shall submit to the Committee on Environment and
    Public Works and the Committee on Appropriations of the Senate and the
    Committee on Transportation and Infrastructure and the Committee on
    Appropriations of the House of Representatives a report that identifies
    the Secretary's ranking of individual environmental assistance projects
    authorized by Congress for the Secretary to carry out, in accordance
    with the criteria developed under this section.
        SEC. 138. AGING INFRASTRUCTURE.
        (a) Definitions.--In this section:
            (1) Aging infrastructure.--The term ``aging infrastructure''
        means a water resources development project of the Corps of
        Engineers, or any other water resources, water storage, or
        irrigation project of another Federal agency, that is greater than
        75 years old.
            (2) Enhanced inspection.--The term ``enhanced inspection''
        means an inspection that uses current or innovative technology,
        including Light Detection and Ranging (commonly known as
        ``LiDAR''), ground penetrating radar, subsurface imaging, or
        subsurface geophysical techniques, to detect whether the features
        of the aging infrastructure are structurally sound and can operate
        as intended, or are at risk of failure.
        (b) Contracts for Enhanced Inspection.--
            (1) In general.--The Secretary may carry out enhanced
        inspections of aging infrastructure, pursuant to a contract with
        the owner or operator of the aging infrastructure.
            (2) Certain circumstances.--Subject to the availability of
        appropriations, or funds available pursuant to subsection (d), the
        Secretary shall enter into a contract described in paragraph (1),
        if--
                (A) the owner or operator of the aging infrastructure
            requests that the Secretary carry out the enhanced inspections;
            and
                (B) the inspection is at the full expense of such owner or
            operator.
        (c) Limitation.--The Secretary shall not require a non-Federal
    entity associated with a project under the jurisdiction of another
    Federal agency to carry out corrective or remedial actions in response
    to an enhanced inspection carried out under this section.
        (d) Funding.--The Secretary is authorized to accept funds from an
    owner or operator of aging infrastructure, and may use such funds to
    carry out an enhanced inspection pursuant to a contract entered into
    with such owner or operator under this section.
        SEC. 139. UNIFORMITY OF NOTIFICATION SYSTEMS.
        (a) Inventory.--Not later than 180 days after the date of enactment
    of this Act, the Secretary shall complete an inventory of all systems
    used by the Corps of Engineers for external communication and
    notification with respect to projects, initiatives, and facilities of
    the Corps of Engineers.
        (b) Uniform Plan.--
            (1) In general.--Not later than 1 year after the date of
        enactment of this Act, the Secretary shall develop a plan for the
        uniformity of such communication and notification systems for
        projects, initiatives, and facilities of the Corps of Engineers.
            (2) Inclusions.--The plan developed under paragraph (1) shall--
                (A) provide access to information in all forms practicable,
            including through email, text messages, news programs and
            websites, radio, and other forms of notification;
                (B) establish a notification system for any projects,
            initiatives, or facilities of the Corps of Engineers that do
            not have a notification system;
                (C) streamline existing communication and notification
            systems to improve the strength and uniformity of those
            systems; and
                (D) emphasize the necessity of timeliness in notification
            systems and ensure that the methods of notification can
            transmit information in a timely manner.
            (3) Implementation.--
                (A) In general.--Except as provided in subparagraph (B),
            not later than 2 years after the date of enactment of this Act,
            the Secretary shall complete the implementation of the plan
            developed under paragraph (1).
                (B) Emergency management notification.--Not later than 18
            months after the date of enactment of this Act, the Secretary
            shall implement the provisions of the plan developed under
            paragraph (1) relating to emergency management notifications.
            (4) Savings provision.--Nothing in this section authorizes the
        elimination of any existing communication or notification system
        used by the Corps of Engineers.
        SEC. 140. COASTAL STORM DAMAGE REDUCTION CONTRACTS.
        For any project for coastal storm damage reduction, the Secretary
    may seek input from a non-Federal interest for a project that may be
    affected by the timing of the coastal storm damage reduction activities
    under the project, in order to minimize, to the maximum extent
    practicable, any negative effects resulting from the timing of those
    activities.
        SEC. 141. DAM REMEDIATION FOR ECOSYSTEM RESTORATION.
        Section 542(b)(2) of the Water Resources Development Act of 2000
    (114 Stat. 2671; 121 Stat. 1150) is amended--
            (1) in subparagraph (F), by striking ``or'' at the end;
            (2) by redesignating subparagraph (G) as subparagraph (H); and
            (3) by inserting after subparagraph (F) the following:
                ``(G) measures to restore, protect, and preserve an
            ecosystem affected by a dam (including by the rehabilitation or
            modification of a dam)--
                    ``(i) that has been constructed, in whole or in part,
                by the Corps of Engineers for flood control purposes;
                    ``(ii) for which construction was completed before
                1940;
                    ``(iii) that is classified as `high hazard potential'
                by the State dam safety agency of the State in which the
                dam is located; and
                    ``(iv) that is operated by a non-Federal entity; or''.
        SEC. 142. LEVEE ACCREDITATION PROCESS; LEVEE CERTIFICATIONS.
        (a) Sense of Congress.--It is the sense of Congress that the
    process developed by the Flood Protection Structure Accreditation Task
    Force established under section 100226 of the Moving Ahead for Progress
    in the 21st Century Act (42 U.S.C. 4101 note) should not be limited to
    levee systems in the inspection of completed works program of the Corps
    of Engineers, but should apply equally to federally owned levee systems
    operated by the Secretary, including federally owned levee systems
    operated by the Secretary as part of a reservoir project.
        (b) Levee Certifications.--Section 3014 of the Water Resources
    Reform and Development Act of 2014 (42 U.S.C. 4131) is amended--
            (1) in subsection (a)--
                (A) in paragraph (1)--
                    (i) by striking ``under the inspection of completed
                works program'' and inserting ``for levee systems under the
                levee safety and dam safety programs''; and
                    (ii) by striking ``and'' at the end;
                (B) in paragraph (2)--
                    (i) by striking ``activities under the inspection of
                completed works program of the Corps of Engineers'' and
                inserting ``the activities referred to in paragraph (1)'';
                    (ii) by striking ``chapter 1'' and inserting ``chapter
                I''; and
                    (iii) by striking the period at the end and inserting
                ``; and''; and
                (C) by adding at the end the following:
            ``(3) in the case of a levee system that is operated and
        maintained by the Corps of Engineers, to the maximum extent
        practicable, cooperate with local governments seeking a levee
        accreditation decision for the levee to provide information
        necessary to support the accreditation decision in a timely
        manner.''; and
            (2) in paragraph (b)(3), by adding at the end the following:
                ``(C) Contributed funds.--Notwithstanding subparagraph (B),
            a non-Federal interest may fund up to 100 percent of the cost
            of any activity carried out under this subsection.''.
        SEC. 143. PROJECT PARTNERSHIP AGREEMENT.
        Section 103(j)(1) of the Water Resources Development Act of 1986
    (33 U.S.C. 2213(j)(1)) is amended--
            (1) by striking ``Any project'' and inserting the following:
                ``(A) In general.--Any project''; and
            (2) by adding at the end the following:
                ``(B) Inclusion.--An agreement under subparagraph (A) shall
            include a brief description and estimation of the anticipated
            operations, maintenance, and replacement and rehabilitation
            costs of the non-Federal interest for the project.''.
        SEC. 144. ACCEPTANCE OF FUNDS FOR HARBOR DREDGING.
        The Secretary is authorized, in accordance with section 5 of Act of
    June 22, 1936 (33 U.S.C. 701h), to accept and expend funds contributed
    by a State or other non-Federal interest--
            (1) to dredge a non-Federal harbor or channel, or a marina or
        berthing area located adjacent to, or accessible by, such harbor or
        channel; or
            (2) to provide technical assistance related to the planning and
        design of dredging activities described in paragraph (1).
        SEC. 145. REPLACEMENT CAPACITY.
        Section 217(a) of the Water Resources Development Act of 1996 (33
    U.S.C. 2326a(a)) is amended--
            (1) in the subsection heading, by inserting ``or Replacement
        Capacity'' after ``Additional Capacity'';
            (2) by striking paragraph (1) and inserting the following:
            ``(1) Provided by secretary.--
                ``(A) In general.--Subject to subparagraph (B), at the
            request of a non-Federal interest with respect to a project,
            the Secretary may--
                    ``(i) provide additional capacity at a dredged material
                disposal facility constructed by the Secretary beyond the
                capacity that would be required for project purposes; or
                    ``(ii) permit the use of dredged material disposal
                facility capacity required for project purposes by the non-
                Federal interest if the Secretary determines that
                replacement capacity can be constructed at the facility or
                another facility or site before such capacity is needed for
                project purposes.
                ``(B) Agreement.--Before the Secretary takes an action
            under subparagraph (A), the non-Federal interest shall agree to
            pay--
                    ``(i) all costs associated with the construction of the
                additional capacity or replacement capacity in advance of
                construction of such capacity; and
                    ``(ii) in the case of use by a non-Federal interest of
                dredged material disposal capacity required for project
                purposes under subparagraph (A)(ii), any increase in the
                cost of operation and maintenance of the project that the
                Secretary determines results from the use of the project
                capacity by the non-Federal interest in advance of each
                cycle of dredging.
                ``(C) Credit.--In the event the Secretary determines that
            the cost to operate or maintain the project decreases as a
            result of use by the non-Federal interest of dredged material
            disposal capacity required for project purposes under
            subparagraph (A)(ii), the Secretary, at the request of the non-
            Federal interest, shall credit the amount of the decrease
            toward any cash contribution of the non-Federal interest
            required thereafter for construction, operation, or maintenance
            of the project, or of another navigation project.'';
            (3) in paragraph (2), in the first sentence, by inserting
        ``under paragraph (1)(A)(i)'' after ``additional capacity''; and
            (4) by adding at the end the following:
            ``(3) Special rule for designation of replacement capacity
        facility or site.--
                ``(A) In general.--Subject to such terms and conditions as
            the Secretary determines to be necessary or advisable, an
            agreement under paragraph (1)(B) for use permitted under
            paragraph (1)(A)(ii) shall reserve to the non-Federal
            interest--
                    ``(i) the right to submit to the Secretary for approval
                at a later date an alternative to the facility or site
                designated in the agreement for construction of replacement
                capacity; and
                    ``(ii) the right to construct the replacement capacity
                at the alternative facility or site at the expense of the
                non-Federal interest.
                ``(B) Requirement.--The Secretary shall not reject a site
            for the construction of replacement capacity under paragraph
            (1)(A)(ii) that is submitted by the non-Federal interest for
            approval by the Secretary before the date of execution of the
            agreement under paragraph (1)(B), or thereafter, unless the
            Secretary--
                    ``(i) determines that the site is environmentally
                unacceptable, geographically unacceptable, or technically
                unsound; and
                    ``(ii) provides a written basis for the determination
                under clause (i) to the non-Federal interest.
            ``(4) Public comment.--The Secretary shall afford the public an
        opportunity to comment on the determinations required under this
        subsection for a use permitted under paragraph (1)(A)(ii).''.
        SEC. 146. REVIEWING HYDROPOWER AT CORPS OF ENGINEERS FACILITIES.
        Section 1008 of the Water Resources Reform and Development Act of
    2014 (33 U.S.C. 2321b) is amended--
            (1) by striking ``civil works'' each place it appears and
        inserting ``water resources development''; and
            (2) by adding at the end the following:
        ``(c) Reviewing Hydropower at Corps of Engineers Facilities.--
            ``(1) Definition of eligible non-federal interest.--In this
        subsection, the term `eligible non-Federal interest' means a non-
        Federal interest that owns or operates an existing non-Federal
        hydropower facility at a Corps of Engineers water resources
        development project.
            ``(2) Evaluation.--
                ``(A) In general.--On the written request of an eligible
            non-Federal interest, the Secretary shall conduct an evaluation
            to consider operational changes at the applicable project to
            facilitate production of non-Federal hydropower, consistent
            with authorized project purposes. The Secretary shall solicit
            input from interested stakeholders as part of the evaluation.
                ``(B) Deadline.--Not later than 180 days after the date on
            which the Secretary receives a written request under
            subparagraph (A), the Secretary shall provide to the non-
            Federal interest a written response to inform the non-Federal
            interest--
                    ``(i) that the Secretary has approved the request to
                conduct an evaluation; or
                    ``(ii) of any additional information necessary for the
                Secretary to approve the request to conduct an evaluation.
            ``(3) Operational changes.--An operational change referred to
        in paragraph (2)(A) may include--
                ``(A) changes to seasonal pool levels;
                ``(B) modifying releases from the project; and
                ``(C) other changes included in the written request
            submitted under that paragraph that enhance the usage of the
            project to facilitate production of non-Federal hydropower,
            consistent with authorized project purposes.
            ``(4) Cost share.--The eligible non-Federal interest shall pay
        100 percent of the costs associated with an evaluation under this
        subsection, including the costs to prepare the report under
        paragraph (6).
            ``(5) Deadline.--The Secretary shall complete an evaluation
        under this subsection by the date that is not later than 1 year
        after the date on which the Secretary begins the evaluation.
            ``(6) Report.--On completion of an evaluation under this
        subsection, the Secretary shall submit to the Committee on
        Environment and Public Works of the Senate and the Committee on
        Transportation and Infrastructure of the House of Representatives a
        report on the effects of the operational changes proposed by the
        non-Federal interest and examined in the evaluation on the
        authorized purposes of the project, including a description of any
        negative impacts of the proposed operational changes on the
        authorized purposes of the project, or on any Federal project
        located in the same basin.
            ``(7) Savings provision.--Nothing in this subsection--
                ``(A) affects the authorized purposes of a Corps of
            Engineers water resources development project;
                ``(B) affects existing authorities of the Corps of
            Engineers, including authorities with respect to navigation,
            flood damage reduction, environmental protection and
            restoration, water supply and conservation, and other related
            purposes; or
                ``(C) authorizes the Secretary to make any operational
            changes to a Corps of Engineers water resources development
            project.''.
        SEC. 147. REPAIR AND RESTORATION OF EMBANKMENTS.
        (a) In General.--At the request of a non-Federal interest, the
    Secretary shall assess the cause of damage to, or the failure of, an
    embankment that is adjacent to the shoreline of a reservoir project
    owned and operated by the Secretary for which such damage or failure to
    the embankment has adversely affected a roadway that the Secretary has
    relocated for construction of the reservoir.
        (b) Repair and Restoration Activities.--If, based on the assessment
    carried out under subsection (a), the Secretary determines that the
    cause of the damage to, or the failure of, the embankment is the direct
    result of the design or operation of the reservoir by the Secretary,
    the Secretary is authorized to participate in the repair or restoration
    of such embankment.
        (c) Authorization of Appropriations.--There is authorized to be
    appropriated to the Secretary $10,000,000 to carry out this section.
        SEC. 148. COASTAL MAPPING.
        Section 516 of the Water Resources Development Act of 1996 (33
    U.S.C. 2326b) is amended--
            (1) by redesignating subsection (g) as subsection (h);
            (2) by inserting after subsection (f) the following:
        ``(g) Coastal Mapping.--The Secretary shall develop and carry out a
    plan for the recurring mapping of coastlines that are experiencing
    rapid change, including such coastlines in--
            ``(1) Alaska;
            ``(2) Hawaii; and
            ``(3) any territory or possession of the United States.''; and
            (3) in subsection (h) (as so redesignated), by adding at the
        end the following:
            ``(3) Coastal mapping.--In addition to amounts made available
        under paragraph (1), there is authorized to be appropriated to
        carry out subsection (g) with respect to Alaska, Hawaii, and the
        territories and possessions of the United States, $10,000,000, to
        remain available until expended.''.
        SEC. 149. INTERIM RISK REDUCTION MEASURES.
        (a) In General.--In the case of any interim risk reduction measure
    for dam safety purposes that was evaluated in a final environmental
    assessment completed during the period beginning on March 18, 2019, and
    ending on the date of enactment of this Act, the Secretary shall carry
    out a reevaluation of the measure in a timely manner if the final
    environmental assessment did not consider in detail at least--
            (1) 1 operational water control plan change alternative;
            (2) 1 action alternative other than an operational water
        control plan change; and
            (3) the no action alternative.
        (b) Coordination.--A reevaluation carried out under subsection (a)
    shall include consideration of the alternatives described in such
    subsection, which shall be developed in coordination with Federal
    agencies, States, Indian Tribes, units of local government, and other
    non-Federal interests that have existing water obligations that would
    be directly affected by implementation of an interim risk reduction
    measure that is the subject of the reevaluation.
        (c) Implementation Prior to Reevaluation.--Nothing in this section
    prohibits the Secretary from implementing an interim risk reduction
    measure for which a reevaluation is required under subsection (a) prior
    to the completion of the reevaluation under subsection (a).
        SEC. 150. MAINTENANCE DREDGING PERMITS.
        (a) In General.--The Secretary shall, to the maximum extent
    practicable, prioritize the reissuance of any regional general permit
    for maintenance dredging that expires prior to May 1, 2021, and shall
    use best efforts to ensure such reissuance prior to expiration of such
    a regional general permit for maintenance dredging.
        (b) Savings Provision.--Nothing in this section affects any
    obligation to comply with the requirements of any Federal law,
    including--
            (1) the National Environmental Policy Act of 1969 (42 U.S.C.
        4321 et seq.);
            (2) the Federal Water Pollution Control Act (33 U.S.C. 1251 et
        seq.); and
            (3) the Endangered Species Act of 1973 (16 U.S.C. 1531 et
        seq.).
        SEC. 151. HIGH WATER-LOW WATER PREPAREDNESS.
        (a) Definitions.--In this section:
            (1) Bypass.--The term ``bypass'' means an alternate water route
        adjacent to a lock and dam on a Federal inland waterway system that
        can be used for commercial navigation during high water conditions.
            (2) Emergency condition.--The term ``emergency condition''
        means--
                (A) unsafe conditions on a Federal inland waterway system
            that prevent the operation of commercial vessels, resulting
            from a major change in water level or flows;
                (B) an obstruction in a Federal inland waterway system,
            including silt, sediment, rock formation, or a shallow channel;
                (C) an impaired or inoperable Federal lock and dam; or
                (D) any other condition determined appropriate by the
            Secretary.
        (b) Emergency Determination.--The Secretary, in consultation with
    the District Commanders responsible for maintaining any Federal inland
    waterway system, the users of the waterway system, and the Coast Guard,
    may make a determination that an emergency condition exists on the
    waterway system.
        (c) Emergency Mitigation Project.--
            (1) In general.--Subject to paragraph (2) and the availability
        of appropriations, and in accordance with all applicable Federal
        requirements, the Secretary may carry out an emergency mitigation
        project on a Federal inland waterway system with respect to which
        the Secretary has determined that an emergency condition exists
        under subsection (b), or on a bypass of such system, to remedy that
        emergency condition.
            (2) Deadline.--An emergency mitigation project under paragraph
        (1) shall--
                (A) be initiated by not later than 60 days after the date
            on which the Secretary makes the applicable determination under
            subsection (b); and
                (B) to the maximum extent practicable, be completed by not
            later than 1 year after the date on which the Secretary makes
            such determination.
        (d) Authorization of Appropriations.--There is authorized to be
    appropriated to the Secretary to carry out this section $25,000,000 for
    each of fiscal years 2022 through 2024, to remain available until
    expended.
        SEC. 152. TREATMENT OF CERTAIN BENEFITS AND COSTS.
        (a) In General.--In the case of a flood risk management project
    that incidentally generates seismic safety benefits in regions of
    moderate or high seismic hazard, for the purpose of a benefit-cost
    analysis for the project, the Secretary shall not include in that
    analysis any additional design and construction costs resulting from
    addressing seismic concerns.
        (b) Savings Provision.--Except with respect to the benefit-cost
    analysis, the additional costs referred to in subsection (a) shall be--
            (1) included in the total project cost; and
            (2) subject to cost-share requirements otherwise applicable to
        the project.
        SEC. 153. LEASE DEVIATIONS.
        (a) Definition of Covered Lease Deviation.--In this section, the
    term ``covered lease deviation'' means a change in terms from the
    existing lease that requires approval from the Secretary for a lease--
            (1) of Federal land within the State of Oklahoma that is
        associated with a water resources development project, under--
                (A) section 2667 of title 10, United States Code; or
                (B) section 4 of the Act of December 22, 1944 (16 U.S.C.
            460d); and
            (2) with respect to which the lessee is in good standing.
        (b) Deadline.--In the case of a request for a covered lease
    deviation--
            (1) the Division Commander of the Southwestern Division shall--
                (A) notify the Secretary of the request via electronic
            means by not later than 24 hours after receiving the request;
            and
                (B) by not later than 10 business days after the date on
            which the Division Commander notifies the Secretary under
            subparagraph (A)--
                    (i) make a determination approving, denying, or
                requesting a modification to the request; and
                    (ii) provide to the Secretary the determination under
                clause (i); and
            (2) the Secretary shall make a determination approving,
        denying, or requesting a modification to the request by not later
        than 10 business days after--
                (A) the date on which the Division Commander provides to
            the Secretary a determination in accordance with paragraph
            (1)(B); or
                (B) if the Division Commander does not provide to the
            Secretary a determination in accordance with paragraph (1)(B),
            the date on which the deadline described in such paragraph
            expires.
        (c) Notification.--If the Secretary does not make a determination
    under subsection (b)(2) by the deadline described in that subsection,
    the Secretary shall submit a notification of the failure to make a
    determination with respect to the covered lease deviation, including
    the reason for the failure and a description of any outstanding issues,
    to--
            (1) the entity seeking the covered lease deviation;
            (2) the members of the Oklahoma congressional delegation;
            (3) the Committee on Environment and Public Works of the
        Senate; and
            (4) the Committee on Transportation and Infrastructure of the
        House of Representatives.
        SEC. 154. SENSE OF CONGRESS ON ARCTIC DEEP DRAFT PORT DEVELOPMENT.
        It is the sense of Congress that--
            (1) the Arctic, as defined in section 112 of the Arctic
        Research and Policy Act of 1984 (Public Law 98-373), is a region of
        strategic importance to the national security and maritime
        transportation interests of the United States;
            (2) there is a compelling national, regional, Alaska Native,
        and private sector need for permanent maritime transportation
        infrastructure development and for a presence in the Arctic by the
        United States to assert national security interests and to support
        and facilitate search and rescue, shipping safety, economic
        development, oil spill prevention and response, subsistence and
        commercial fishing, the establishment of ports of refuge, Arctic
        research, and maritime law enforcement;
            (3) the Government of the Russian Federation has prioritized
        the development of Arctic maritime transportation capabilities and
        has made significant investments in military infrastructure in the
        Arctic, including the construction or refurbishment of 16 deepwater
        ports in the region;
            (4) is a serious concern that the closest United States
        strategic seaports to the Arctic are the Port of Anchorage and the
        Port of Tacoma, located approximately 1,500 nautical miles and
        2,400 nautical miles away from the Arctic, respectively, and
        approximately 1,900 nautical miles and 2,800 nautical miles,
        respectively, from Utiagvik, Alaska; and
            (5) it is in the national interest to enhance existing, and
        develop, maritime transportation infrastructure in the Arctic,
        including an Arctic deep draft strategic seaport in Alaska, that
        would allow the Coast Guard and the Navy each to perform their
        respective statutory duties and functions on a permanent basis with
        minimal mission interruption.
        SEC. 155. SMALL WATER STORAGE PROJECTS.
        (a) In General.--The Secretary shall carry out a program to study
    and construct new, or enlarge existing, small water storage projects,
    in partnership with a non-Federal interest.
        (b) Requirements.--To be eligible to participate in the program
    under this section, a small water storage project shall--
            (1) in the case of a new small water storage project, have a
        water storage capacity of not less than 2,000 acre-feet and not
        more than 30,000 acre-feet;
            (2) in the case of an enlargement of an existing small water
        storage project, be for an enlargement of not less than 1,000 acre-
        feet and not more than 30,000 acre-feet;
            (3) provide--
                (A) flood risk management benefits;
                (B) ecological benefits; or
                (C) water management, water conservation, or water supply;
            and
            (4) be--
                (A) economically justified, environmentally acceptable, and
            technically feasible; or
                (B) in the case of a project providing ecological benefits,
            cost-effective with respect to such benefits.
        (c) Scope.--In carrying out the program under this section, the
    Secretary shall give preference to a small water storage project
    located in a State with a population of less than 1,000,000.
        (d) Expedited Projects.--For the 10-year period beginning on the
    date of enactment of this Act, the Secretary shall expedite small water
    storage projects under this section for which applicable Federal
    permitting requirements have been completed.
        (e) Use of Data.--In conducting a study under this section, to the
    maximum extent practicable, the Secretary shall--
            (1) as the Secretary determines appropriate, consider and
        utilize any applicable hydrologic, economic, or environmental data
        that is prepared for a small water storage project under State law
        as the documentation, or part of the documentation, required to
        complete State water plans or other State planning documents
        relating to water resources management; and
            (2) consider information developed by the non-Federal interest
        in relation to another study, to the extent the Secretary
        determines such information is applicable, appropriate, or
        otherwise authorized by law.
        (f) Cost Share.--
            (1) Study.--The Federal share of the cost of a study conducted
        under this section shall be--
                (A) 100 percent for costs not to exceed $100,000; and
                (B) 50 percent for any costs above $100,000.
            (2) Construction.--A small water storage project carried out
        under this section shall be subject to the cost-sharing
        requirements applicable to projects under section 103 of the Water
        Resources Development Act of 1986 (33 U.S.C. 2213), including--
                (A) municipal and industrial water supply: 100 percent non-
            Federal;
                (B) agricultural water supply: 35 percent non-Federal; and
                (C) recreation, including recreational navigation: 50
            percent of separable costs and, in the case of any harbor or
            inland harbor or channel project, 50 percent of joint and
            separable costs allocated to recreational navigation.
        (g) OMRRR Responsibility.--The costs of operation, maintenance,
    repair, and replacement and rehabilitation for a small water storage
    project constructed under this section shall be the responsibility of
    the non-Federal interest.
        (h) Individual Project Limit.--Not more than $65,000,000 in Federal
    funds may be made available to a small water storage project under this
    section.
        (i) Authorization of Appropriations.--There is authorized to be
    appropriated to carry out this section $130,000,000 annually through
    fiscal year 2030.
        SEC. 156. PLANNING ASSISTANCE TO STATES.
         In carrying out section 22 of the Water Resources Development Act
    of 1974 (42 U.S.C. 1962d-16), the Secretary shall provide equal
    priority for all mission areas of the Corps of Engineers, including
    water supply and water conservation.
        SEC. 157. FORECAST-INFORMED RESERVOIR OPERATIONS.
        Section 1222 of the Water Resources Development Act of 2018 (128
    Stat. 3811) is amended by adding at the end the following:
        ``(c) Additional Utilization of Forecast-Informed Reservoir
    Operations.--
            ``(1) In general.--Not later than 1 year after the date of
        enactment of this subsection, the Secretary shall submit to the
        Committee on Transportation and Infrastructure of the House of
        Representatives and the Committee on Environment and Public Works
        of the Senate a report on any additional opportunities identified
        for utilizing forecast-informed reservoir operations across the
        United States, including an assessment of the viability of
        forecast-informed reservoir operations in the Upper Missouri River
        Basin and the North Platte River Basin.
            ``(2) Forecast-informed reservoir operations.--
                ``(A) Authorization.--If the Secretary determines, and
            includes in the report submitted under paragraph (1), that
            forecast-informed reservoir operations are viable at a
            reservoir in the Upper Missouri River Basin or the North Platte
            River Basin, including a reservoir for which the Secretary has
            flood control responsibilities under section 7 of the Act of
            December 22, 1944 (33 U.S.C. 709), the Secretary is authorized
            to carry out forecast-informed reservoir operations at such
            reservoir.
                ``(B) Requirement.--Subject to the availability of
            appropriations, if the Secretary determines, and includes in
            the report submitted under paragraph (1), that forecast-
            informed reservoir operations are viable in the Upper Missouri
            River Basin or the North Platte River Basin, the Secretary
            shall carry out forecast-informed reservoir operations at not
            fewer than one reservoir in such basin.''.
        SEC. 158. DATA FOR WATER ALLOCATION, SUPPLY, AND DEMAND.
        (a) Study on Data for Water Allocation, Supply, and Demand.--
            (1) In general.--The Secretary shall offer to enter into an
        agreement with the National Academy of Sciences to conduct a study
        on the ability of Federal agencies to coordinate with other Federal
        agencies, State and local agencies, Indian Tribes, communities,
        universities, consortiums, councils, and other relevant entities
        with expertise in water resources to facilitate and coordinate the
        sharing among such entities of water allocation, supply, and demand
        data, including--
                (A) any catalogs of such data;
                (B) definitions of any commonly used terms relating to
            water allocation, supply, and demand; and
                (C) a description of any common standards used by those
            entities.
            (2) Report.--If the National Academy of Sciences enters into an
        agreement under paragraph (1), to the maximum extent practicable,
        not later than 1 year after the date of enactment of this Act, the
        National Academy of Sciences shall submit to Congress a report that
        includes--
                (A) the results of the study under paragraph (1);
                (B) recommendations for ways to streamline and make cost-
            effective methods for Federal agencies to coordinate interstate
            sharing of data, including recommendations for the development
            of a publicly accessible, internet-based platform that can
            allow entities described in paragraph (1) to communicate and
            coordinate ongoing data collection efforts relating to water
            allocation, supply, and demand, and share best practices
            relating to those efforts; and
                (C) a recommendation as to an appropriate Federal entity
            that should--
                    (i) serve as the lead coordinator for the sharing of
                data relating to water allocation, supply, and demand; and
                    (ii) host and manage the internet-based platform
                described in subparagraph (B).
        (b) Data Transparency.--The Secretary shall prioritize making
    publicly available water resources data in the custody of the Corps of
    Engineers, as authorized by section 2017 of the Water Resources
    Development Act of 2007 (33 U.S.C. 2342).
        (c) Funding.--From amounts otherwise appropriated or made available
    to the Secretary, the Secretary may make available to the National
    Academy of Sciences not more than $3,900,000, to be used for the review
    of information provided by the Corps of Engineers for purposes of a
    study under subsection (a). The Secretary may accept funds from another
    Federal agency and make such funds available to the National Academy of
    Sciences, to be used for the review of information provided by such
    agency for purposes of a study under subsection (a).
        SEC. 159. INLAND WATERWAYS PILOT PROGRAM.
        (a) Definitions.--In this section:
            (1) Authorized project.--The term ``authorized project'' means
        a federally authorized water resources development project for
        navigation on the inland waterways.
            (2) Modernization activities.--The term ``modernization
        activities'' means construction or major rehabilitation activities
        for any authorized project.
            (3) Non-federal interest.--The term ``non-Federal interest''
        means any public body described in section 221(b) of the Flood
        Control Act of 1970 (42 U.S.C. 1962d-5b(b)).
        (b) Authorization of Pilot Program.--The Secretary is authorized to
    carry out a pilot program for modernization activities on the inland
    waterways system.
        (c) Implementation.--
            (1) In general.--In carrying out the pilot program under this
        section, the Secretary may--
                (A) accept and expend funds provided by a non-Federal
            interest to carry out, for an authorized project (or a
            separable element of an authorized project), modernization
            activities for such project; or
                (B) coordinate with the non-Federal interest in order to
            allow the non-Federal interest to carry out, for an authorized
            project (or a separable element of an authorized project), such
            modernization activities.
            (2) Number.--The Secretary shall select not more than 2
        authorized projects to participate in the pilot program under
        paragraph (1).
            (3) Conditions.--Before carrying out modernization activities
        pursuant to paragraph (1)(B), a non-Federal interest shall--
                (A) obtain any permit or approval required in connection
            with such activities under Federal or State law that would be
            required if the Secretary were to carry out such activities;
            and
                (B) ensure that a final environmental impact statement or
            environmental assessment, as appropriate, for such activities
            has been filed pursuant to the National Environmental Policy
            Act of 1969.
            (4) Monitoring.--For any modernization activities carried out
        by the non-Federal interest pursuant to this section, the Secretary
        shall regularly monitor and audit such activities to ensure that--
                (A) the modernization activities are carried out in
            accordance with this section; and
                (B) the cost of the modernization activities is reasonable.
            (5) Requirements.--The requirements of section 3142 of title
        40, United States Code shall apply to any modernization activities
        undertaken under or pursuant to this section, either by the
        Secretary or the non-Federal interest.
        (d) Agreements.--
            (1) Activities carried out by non-federal interest.--
                (A) In general.--
                    (i) Written agreement.--Before a non-Federal interest
                initiates modernization activities for an authorized
                project pursuant to this subsection (c)(1)(B), the non-
                Federal interest shall enter into a written agreement with
                the Secretary, under section 221 of the Flood Control Act
                of 1970 (42 U.S.C. 1962d-5b), that requires the
                modernization activities to be carried out in accordance
                with--

                        (I) a plan approved by the Secretary; and
                        (II) any other terms and conditions specified by
                    the Secretary in the agreement.

                    (ii) Requirements.--A written agreement under clause
                (i) shall provide that the non-Federal interest shall
                comply with the same legal and technical requirements that
                would apply if the modernization activities were carried
                out by the Secretary, including all mitigation required to
                offset environmental impacts of the activities, as
                determined by the Secretary.
                (B) Alignment with ongoing activities.--A written agreement
            under subparagraph (A) shall include provisions that, to the
            maximum extent practicable, align modernization activities
            under this section with ongoing operations and maintenance
            activities for the applicable authorized project.
                (C) Indemnification.--As part of a written agreement under
            subparagraph (A), the non-Federal interest shall agree to hold
            and save the United States free from liability for any and all
            damage that arises from the modernization activities carried
            out by the non-Federal interest pursuant to this section.
            (2) Activities carried out by secretary.--For modernization
        activities to be carried out by the Secretary pursuant to
        subsection (c)(1)(A), the non-Federal interest shall enter into a
        written agreement with the Secretary, containing such terms and
        conditions as the Secretary determines appropriate.
        (e) Reimbursement.--
            (1) Authorization.--Subject to the availability of
        appropriations, the Secretary may reimburse a non-Federal interest
        for the costs of modernization activities carried out by the non-
        Federal interest pursuant to an agreement entered into under
        subsection (d), or for funds provided to the Secretary under
        subsection (c)(1)(A), if--
                (A) the non-Federal interest complies with the agreement
            entered into under subsection (d); and
                (B) with respect to modernization activities carried out by
            the non-Federal interest pursuant to the agreement, the
            Secretary determines that the non-Federal interest complied
            with all applicable Federal requirements in carrying out the
            modernization activities.
            (2) Limitation.--The Secretary may only reimburse a non-Federal
        interest under paragraph (1) for costs of construction that would
        otherwise be paid from amounts appropriated from the general fund
        of the Treasury pursuant to section 102 of the Water Resources
        Development Act of 1986 (33 U.S.C. 2212).
        (f) Rule of Construction.--Nothing in this section--
            (1) affects the responsibility of the Secretary for the
        operations and maintenance of the inland waterway system, as of the
        day before the date of enactment of this Act, including the
        responsibility of the Secretary for the operations and maintenance
        costs for any covered project after the modernization activities
        are completed pursuant to this section;
            (2) prohibits or prevents the use of Federal funds for
        operations and maintenance of the inland waterway system or any
        authorized project within the inland waterway system; or
            (3) prohibits or prevents the use of Federal funds for
        construction or major rehabilitation activities within the inland
        waterway system or for any authorized project within the inland
        waterway system.
        (g) Notification.--If a non-Federal interest notifies the Secretary
    that the non-Federal interest intends to carry out modernization
    activities for an authorized project, or separable element thereof,
    pursuant to this section, the Secretary shall provide written notice to
    the Committee on Environment and Public Works of the Senate and the
    Committee on Transportation and Infrastructure of the House of
    Representatives concerning the intent of the non-Federal interest.
        (h) Sunset.--
            (1) In general.--The authority of the Secretary to enter into
        an agreement under this section shall terminate on the date that is
        5 years after the date of enactment of this Act.
            (2) Reimbursement eligibility.--The termination of authority
        under paragraph (1) shall not extinguish the eligibility of a non-
        Federal interest to seek reimbursement under subsection (e).
        SEC. 160. DEFINITION OF ECONOMICALLY DISADVANTAGED COMMUNITY.
        (a) In General.--Not later than 180 days after the date of
    enactment of this Act, the Secretary shall issue guidance defining the
    term ``economically disadvantaged community'' for the purposes of this
    Act and the amendments made by this Act.
        (b) Considerations.--In defining the term ``economically
    disadvantaged community'' under subsection (a), the Secretary shall, to
    the maximum extent practicable, utilize the criteria under paragraph
    (1) or (2) of section 301(a) of the Public Works and Economic
    Development Act of 1965 (42 U.S.C. 3161), to the extent that such
    criteria are applicable in relation to the development of water
    resources development projects.
        (c) Public Comment.--In developing the guidance under subsection
    (a), the Secretary shall provide notice and an opportunity for public
    comment.
        SEC. 161. STUDIES OF WATER RESOURCES DEVELOPMENT PROJECTS BY NON-
          FEDERAL INTERESTS.
        (a) In General.--Section 203 of the Water Resources Development Act
    of 1986 (33 U.S.C. 2231) is amended--
            (1) in subsection (a)--
                (A) in paragraph (1), by inserting ``, or, upon the written
            approval of the Secretary that the modifications are consistent
            with the authorized purposes of the project, undertake a
            feasibility study on modifications to a water resources
            development project constructed by the Corps of Engineers,''
            after ``water resources development project''; and
                (B) in paragraph (2), by striking ``for feasibility
            studies'' and all that follows through the period at the end
            and inserting ``for the formulation of feasibility studies of
            water resources development projects undertaken by non-Federal
            interests to--
                ``(A) ensure that any feasibility study with respect to
            which the Secretary submits an assessment to Congress under
            subsection (c) complies with all of the requirements that would
            apply to a feasibility study undertaken by the Secretary; and
                ``(B) provide sufficient information for the formulation of
            the studies, including processes and procedures related to
            reviews and assistance under subsection (e).'';
            (2) in subsection (b)--
                (A) by striking ``The Secretary'' and inserting the
            following:
            ``(1) In general.--The Secretary''; and
                (B) by adding at the end the following:
            ``(2) Timing.--The Secretary may not submit to Congress an
        assessment of a feasibility study under this section until such
        time as the Secretary--
                ``(A) determines that the feasibility study complies with
            all of the requirements that would apply to a feasibility study
            undertaken by the Secretary; and
                ``(B) completes all of the Federal analyses, reviews, and
            compliance processes under the National Environmental Policy
            Act of 1969 (42 U.S.C. 4321 et seq.), that would be required
            with respect to the proposed project if the Secretary had
            undertaken the feasibility study.
            ``(3) Initiation of review.--
                ``(A) Request.--
                    ``(i) Submission.--The non-Federal interest may submit
                to the Secretary a request that the Secretary initiate the
                analyses, reviews, and compliance processes described in
                paragraph (2)(B) with respect to the proposed project prior
                to the non-Federal interest's submission of a feasibility
                study under subsection (a)(1).
                    ``(ii) Effect.--Receipt by the Secretary of a request
                submitted under clause (i) shall be considered the receipt
                of a proposal or application that will lead to a major
                Federal action that is subject to the requirements of
                section 102(2)(C) of the National Environmental Policy Act
                of 1969 (42 U.S.C. 4332(2)(C)) that would be required if
                the Secretary were to undertake the feasibility study.
                ``(B) Deadline.--Not later than 10 days after the Secretary
            receives a request under this paragraph, the Secretary shall
            begin the required analyses, reviews, and compliance processes.
            ``(4) Notification.--Upon receipt of a request under paragraph
        (3), the Secretary shall notify the Committee on Transportation and
        Infrastructure of the House of Representatives and the Committee on
        Environment and Public Works of the Senate of the request and a
        timeline for completion of the required analyses, reviews, and
        compliance processes.
            ``(5) Status updates.--Not later than 30 days after receiving a
        request under paragraph (3), and every 30 days thereafter until the
        Secretary submits an assessment under subsection (c) for the
        applicable feasibility study, the Secretary shall notify the
        Committee on Transportation and Infrastructure of the House of
        Representatives, the Committee on Environment and Public Works of
        the Senate, and the non-Federal interest of the status of the
        Secretary's required analyses, reviews, and compliance
        processes.''; and
            (3) in subsection (c)(1), in the matter preceding subparagraph
        (A)--
                (A) by striking ``after the date of receipt of a
            feasibility study of a project under subsection (a)(1)'' and
            insert ``after the completion of review of a feasibility study
            under subsection (b)''; and
                (B) by striking ``a report'' and inserting ``an
            assessment''.
        (b) Deadline.--Not later than 90 days after the date of enactment
    of this Act, the Secretary shall issue revised guidelines under section
    203 of the Water Resources Development Act of 1986 (33 U.S.C. 2231) to
    implement the amendments made by this section.
        (c) Hold Harmless.--
            (1) One-year window.--The amendments made by this section shall
        not apply to any feasibility study submitted to the Secretary under
        section 203 of the Water Resources Development Act of 1986 (33
        U.S.C. 2231) during the one-year period prior to the date of
        enactment of this section.
            (2) 2020 projects.--The amendments made by this section shall
        not apply to any project authorized by section 403 of this Act.
        SEC. 162. LEVERAGING FEDERAL INFRASTRUCTURE FOR INCREASED WATER
          SUPPLY.
        Section 1118(i) of the Water Resources Development Act of 2016 (43
    U.S.C. 390b-2(i)) is amended--
            (1) by striking ``The Secretary may'' and inserting the
        following:
            ``(1) Contributed funds for corps projects.--The Secretary
        may''; and
            (2) by adding at the end the following:
            ``(2) Contributed funds for other federal reservoir projects.--
        The Secretary is authorized to receive and expend funds from a non-
        Federal interest to formulate, review, or revise operational
        documents, pursuant to a proposal submitted in accordance
        subsection (a), for any reservoir for which the Secretary is
        authorized to prescribe regulations for the use of storage
        allocated for flood control or navigation pursuant to section 7 of
        the Act of December 22, 1944 (33 U.S.C. 709).''.
        SEC. 163. SENSE OF CONGRESS ON REMOVAL OF UNAUTHORIZED, MANMADE,
          FLAMMABLE MATERIALS ON CORPS PROPERTY.
         It is the sense of Congress that the Secretary should, using
    existing authorities, prioritize the removal, from facilities and lands
    of the Corps of Engineers in regions that are urban and arid, of
    materials that are manmade, flammable, unauthorized to be present, and
    determined by the Secretary to pose a fire risk that is a threat to
    public safety.
        SEC. 164. ENHANCED DEVELOPMENT PROGRAM.
        (a) In General.--The Secretary shall review the master plan and
    shoreline management plan for any lake described in section 3134 of the
    Water Resources Development Act of 2007 (121 Stat. 1142; 130 Stat.
    1671) for the purpose of identifying structures or other improvements
    that are owned by the Secretary and are suitable for enhanced
    development, if--
            (1) the master plan and shoreline management plan of the lake
        have been updated since January 1, 2013; and
            (2) the applicable district office of the Corps of Engineers
        has received a written request for such a review from any entity.
        (b) Definition of Enhanced Development.--In this section, the term
    ``enhanced development'' means the use, for non-water-dependent
    commercial or hospitality industry purposes or for residential or
    recreational purposes, of an existing structure or other improvement.
        (c) Divestment Authority.--Not later than 1 year after the date of
    enactment of this Act, the Secretary shall--
            (1) submit to the Committee on Environment and Public Works of
        the Senate and the Committee on Transportation and Infrastructure
        of the House of Representatives a report that identifies--
                (A) any structure or other improvement owned by the
            Secretary that--
                    (i) has been identified as suitable for enhanced
                development pursuant to subsection (a);
                    (ii) the Secretary determines the divestment of which
                would not adversely affect the Corps of Engineers operation
                of the lake at which the structure or other improvement is
                located; and
                    (iii) a non-Federal interest has offered to purchase
                from the Secretary; and
                (B) the fair market value of any structure or other
            improvement identified under subparagraph (A); and
            (2) develop a plan to divest any structure or other improvement
        identified under paragraph (1)(A), at fair market value, to the
        applicable non-Federal interest.
        SEC. 165. CONTINUING AUTHORITY PROGRAMS.
        (a) Pilot Program for Continuing Authority Projects in Small or
    Disadvantaged Communities.--
            (1) In general.--Not later than 180 days after the date of
        enactment of this Act, the Secretary shall implement a pilot
        program, in accordance with this subsection, for carrying out a
        project under a continuing authority program for an economically
        disadvantaged community.
            (2) Participation in pilot program.--In carrying out paragraph
        (1), the Secretary shall--
                (A) publish a notice in the Federal Register that requests
            non-Federal interest proposals for a project under a continuing
            authority program for an economically disadvantaged community;
            and
                (B) review such proposals and select a total of 10
            projects, taking into consideration geographic diversity among
            the selected projects.
            (3) Cost share.--Notwithstanding the cost share authorized for
        the applicable continuing authority program, the Federal share of
        the cost of a project selected under paragraph (2) shall be 100
        percent.
            (4) Sunset.--The authority to commence pursuant to this
        subsection a project selected under paragraph (2) shall terminate
        on the date that is 10 years after the date of enactment of this
        Act.
            (5) Continuing authority program defined.--In this subsection,
        the term ``continuing authority program'' has the meaning given
        that term in section 7001(c)(1)(D) of Water Resources Reform and
        Development Act of 2014 (33 U.S.C. 2282d).
        (b) Authorizations of Appropriations.--
            (1) Emergency streambank and shoreline protection.--
        Notwithstanding section 14 of the Flood Control Act of 1946 (33
        U.S.C. 701r), there is authorized to be appropriated to carry out
        such section $25,500,000 for each of fiscal years 2021 through
        2024.
            (2) Storm and hurricane restoration and impact minimization
        program.--Notwithstanding section 3(c) of the Act of August 13,
        1946 (33 U.S.C. 426g(c)), there is authorized to be appropriated to
        carry out such section $38,000,000 for each of fiscal years 2021
        through 2024.
            (3) Small river and harbor improvement projects.--
        Notwithstanding section 107(a) of the River and Harbor Act of 1960
        (33 U.S.C. 577(a)), there is authorized to be appropriated to carry
        out such section $63,000,000 for each of fiscal years 2021 through
        2024.
            (4) Regional sediment management.--Notwithstanding section
        204(g) of the Water Resources Development Act of 1992 (33 U.S.C.
        2326(g)), there is authorized to be appropriated to carry out such
        section $63,000,000 for each of fiscal years 2021 through 2024.
            (5) Small flood control projects.--Notwithstanding section 205
        of the Flood Control Act of 1948 (33 U.S.C. 701s), there is
        authorized to be appropriated to carry out such section $69,250,000
        for each of fiscal years 2021 through 2024.
            (6) Aquatic ecosystem restoration.--Notwithstanding section
        206(f) of the Water Resources Development Act of 1996 (33 U.S.C.
        2330(f)), there is authorized to be appropriated to carry out such
        section $63,000,000 for each of fiscal years 2021 through 2024.
            (7) Removal of obstructions; clearing channels.--
        Notwithstanding section 2 of the Act of August 28, 1937 (33 U.S.C.
        701g), there is authorized to be appropriated to carry out such
        section $8,000,000 for each of fiscal years 2021 through 2024.
            (8) Project modifications for improvement of environment.--
        Notwithstanding section 1135(h) of the Water Resources Development
        Act of 1986 (33 U.S.C. 2309a(h)), there is authorized to be
        appropriated to carry out such section $50,500,000 for each of
        fiscal years 2021 through 2024.

                         TITLE II--STUDIES AND REPORTS

        SEC. 201. AUTHORIZATION OF PROPOSED FEASIBILITY STUDIES.
        (a) In General.--The Secretary is authorized to conduct a
    feasibility study for the following projects for water resources
    development and conservation and other purposes, as identified in the
    reports titled ``Report to Congress on Future Water Resources
    Development'' submitted to Congress pursuant to section 7001 of the
    Water Resources Reform and Development Act of 2014 (33 U.S.C. 2282d) or
    otherwise reviewed by Congress:
            (1) Sulphur river, arkansas and texas.--Project for ecosystem
        restoration, Sulphur River, Arkansas and Texas.
            (2) Cable creek, california.--Project for flood risk
        management, water supply, and related benefits, Cable Creek,
        California.
            (3) Oroville dam, california.--Project for dam safety
        improvements, Oroville Dam, California.
            (4) Rio hondo channel, california.--Project for ecosystem
        restoration, Rio Hondo Channel, San Gabriel River, California.
            (5) Shingle creek and kissimmee river, florida.--Project for
        ecosystem restoration and water storage, Shingle Creek and
        Kissimmee River, Osceola County, Florida.
            (6) St. john's river and lake jesup, florida.--Project for
        ecosystem restoration, St. John's River and Lake Jesup, Florida.
            (7) Chicago area waterways system, illinois.--Project for
        ecosystem restoration, recreation, and other purposes, Illinois
        River, Chicago River, Calumet River, Grand Calumet River, Little
        Calumet River, and other waterways in the vicinity of Chicago,
        Illinois.
            (8) Fox river, illinois.--Project for flood risk management,
        Fox River, Illinois.
            (9) Lower missouri river, kansas.--Project for bank
        stabilization and navigation, Lower Missouri River, Sioux City,
        Kansas.
            (10) Tangipahoa parish, louisiana.--Project for flood risk
        management, Tangipahoa Parish, Louisiana.
            (11) Newbury and newburyport, massachusetts.--Project for
        coastal storm risk management, Newbury and Newburyport,
        Massachusetts.
            (12) Escatawpa river basin, mississippi.--Project for flood
        risk management and ecosystem restoration, Escatawpa River, Jackson
        County, Mississippi.
            (13) Long beach, bay st. louis and mississippi sound,
        mississippi.--Project for hurricane and storm damage risk reduction
        and flood risk management, Long Beach, Bay St. Louis and
        Mississippi Sound, Mississippi.
            (14) Tallahoma and tallahala creeks, mississippi.--Project for
        flood risk management, Leaf River, Jones County, Mississippi.
            (15) Lower missouri river, missouri.--Project for navigation,
        Lower Missouri River, Missouri.
            (16) Lower osage river basin, missouri.--Project for ecosystem
        restoration, Lower Osage River Basin, Missouri.
            (17) Wyatt, missouri.--Project for flood risk management, P.
        Fields Pump Station, Wyatt, Missouri.
            (18) Upper basin and stony brook (green brook sub-basin),
        raritan river basin, new jersey.--Reevaluation of the Upper Basin
        and Stony Brook portions of the project for flood control, Green
        Brook Sub-basin, Raritan River Basin, New Jersey, authorized by
        section 401 of the Water Resources Development Act of 1986 (100
        Stat. 4119), including the evaluation of nonstructural measures to
        achieve the project purpose.
            (19) Wading river creek, new york.--Project for hurricane and
        storm damage risk reduction, flood risk management, navigation, and
        ecosystem restoration, Wading River Creek, New York.
            (20) Lower columbia river basin (turning basin), oregon and
        washington.--Project to improve and add turning basins for the
        project for navigation, Columbia River Channel, Oregon and
        Washington, authorized by section 101(b)(13) of the Water Resources
        Development Act of 1999 (113 Stat. 280).
            (21) Williamsport, pennsylvania.--Project for flood risk
        management and levee rehabilitation, greater Williamsport,
        Pennsylvania.
            (22) City of charleston, south carolina.--Project for tidal-
        and inland-related flood risk management, Charleston, South
        Carolina.
            (23) Chocolate bayou, texas.--Project for flood risk
        management, Chocolate Bayou, Texas.
            (24) Houston-galveston, texas.--Project for navigation,
        Houston-Galveston, Texas.
            (25) Port arthur and orange county, texas.--Project for flood
        risk management, Port Arthur and Orange County, Texas, including
        construction of improvements to interior drainage.
            (26) Port of victoria, texas.--Project for flood risk
        management, Port of Victoria, Texas.
            (27) Virginia beach and vicinity, virginia and north
        carolina.--Project for coastal storm risk management, Virginia
        Beach and vicinity, Virginia and North Carolina.
        (b) Special Rule.--The Secretary shall consider any study carried
    out by the Secretary to formulate the project for flood risk
    management, Port Arthur and Orange County, Texas, identified in
    subsection (a)(25) to be a continuation of the study carried out for
    Sabine Pass to Galveston Bay, Texas, authorized by a resolution of the
    Committee on Environment and Public Works of the Senate, approved June
    23, 2004, and funded by title IV of division B of the Bipartisan Budget
    Act of 2018, under the heading ``CORPS OF ENGINEERS--CIVIL--DEPARTMENT
    OF THE ARMY--CONSTRUCTION'' (Public Law 115-123; 132 Stat. 76).
        SEC. 202. EXPEDITED COMPLETIONS.
        (a) Feasibility Reports.--The Secretary shall expedite the
    completion of a feasibility study for each of the following projects,
    and if the Secretary determines that the project is justified in a
    completed report, may proceed directly to preconstruction planning,
    engineering, and design of the project:
            (1) Project for navigation, Florence, Alabama.
            (2) Project to modify the project for navigation, Tennessee-
        Tombigbee Waterway, Alabama, Kentucky, Mississippi, and Tennessee.
            (3) Project for shoreline stabilization, Aunu`u Harbor,
        American Samoa.
            (4) Project for shoreline stabilization, Tutuila Island,
        American Samoa.
            (5) Project for flood risk management, Lower Santa Cruz River,
        Arizona.
            (6) Project for flood risk management, Rio de Flag, Arizona.
            (7) Project for flood risk management, Tonto Creek, Gila River,
        Arizona.
            (8) Project for flood control, water conservation, and related
        purposes, Coyote Valley Dam, California.
            (9) Project for shoreline stabilization, Del Mar Bluffs, San
        Diego County, California, carried out pursuant to the resolution of
        the Committee on Transportation and Infrastructure of the House of
        Representatives adopted on April 22, 1999 (docket number 2598).
            (10) Project for flood damage reduction and ecosystem
        restoration, Del Rosa Channel, city of San Bernardino, California.
            (11) Project for flood risk management, Lower Cache Creek,
        California.
            (12) Project for flood damage reduction and ecosystem
        restoration, Mission-Zanja Channel, cities of San Bernardino and
        Redlands, California.
            (13) Project for flood risk management, Napa, California.
            (14) Project for shoreline protection, Oceanside, California,
        authorized pursuant to section 414 of the Water Resources
        Development Act of 2000 (114 Stat. 2636; 121 Stat. 1176).
            (15) Project for ecosystem restoration and water conservation,
        Prado Basin, Orange, Riverside, and San Bernardino counties,
        California.
            (16) Project for water conservation and water supply, Redbank
        and Fancher Creeks, California.
            (17) Project for coastal storm damage reduction, San Diego
        County shoreline, California.
            (18) Project to modify the project for navigation, San
        Francisco Bay to Stockton, California.
            (19) Project for flood risk management, San Francisquito Creek,
        California.
            (20) Project to modify the Seven Oaks Dam, California, portion
        of the project for flood control, Santa Ana River Mainstem,
        California, authorized by section 401(a) of the Water Resources
        Development Act of 1986 (100 Stat. 4113; 101 Stat. 1329-111; 104
        Stat. 4611; 110 Stat. 3713; 121 Stat. 1115), to include water
        conservation as an authorized purpose.
            (21) Project for coastal storm damage reduction, Southern
        California.
            (22) Project for water storage, Halligan Dam, Colorado.
            (23) Project for flood risk management, East Hartford Levee
        System, Connecticut.
            (24) Project for flood risk management, Fairfield and New Haven
        Counties, Connecticut.
            (25) Project for navigation, Guilford Harbor and Sluice
        Channel, Connecticut.
            (26) Project for flood risk management, Hartford Levee System,
        Connecticut.
            (27) Project for ecosystem restoration, Central and Southern
        Florida Project Canal 111 (C-111), South Dade County, Florida.
            (28) Project for ecosystem restoration, Lake Okeechobee,
        Florida.
            (29) Project for ecosystem restoration, Western Everglades,
        Florida.
            (30) Project for flood risk management, Hanapepe River, Kauai,
        Hawaii.
            (31) Project for flood risk management, Wailupe Stream, Oahu,
        Hawaii.
            (32) Project for flood risk management, Waimea River, Kauai,
        Hawaii, being carried out under section 205 of the Flood Control
        Act of 1948 (33 U.S.C. 701s).
            (33) Project for comprehensive hurricane and storm damage risk
        reduction and shoreline erosion protection, Chicago, Illinois,
        authorized by section 101(a)(12) of the Water Resources Development
        Act of 1996 (110 Stat. 3664; 113 Stat. 302).
            (34) Project for flood risk management, Wheaton, DuPage County,
        Illinois.
            (35) Project for flood damage reduction, ecosystem restoration,
        and recreation, Blue River Basin, Kansas City, Kansas, carried out
        pursuant to the resolution of the Committee on Transportation and
        Infrastructure of the House of Representatives adopted on September
        24, 2008 (docket number 2803).
            (36) Project for flood control, Amite River and Tributaries
        east of the Mississippi River, Louisiana.
            (37) Project for coastal storm risk management, Upper Barataria
        Basin, Louisiana.
            (38) Project for navigation, Kent Narrows and Chester River,
        Queen Anne's County, Maryland.
            (39) Project to replace the Bourne and Sagamore Bridges, Cape
        Cod, Massachusetts.
            (40) Project for flood risk management, ecosystem restoration,
        and recreation, Lower St. Croix River, Minnesota, carried out
        pursuant to the resolution of the Committee on Transportation and
        Infrastructure of the House of Representatives adopted on September
        25, 2002 (docket number 2705).
            (41) Project to deepen the project for navigation, Gulfport
        Harbor, Mississippi, authorized by section 202(a) of the Water
        Resources Development Act of 1986 (100 Stat. 4094).
            (42) Project for navigation, Shark River, New Jersey.
            (43) Project for navigation, Goldsmith Inlet, New York.
            (44) Project for navigation, Lake Montauk Harbor, New York.
            (45) Project for rehabilitation of Lock E-32, Erie Canal,
        Pittsford, New York.
            (46) Project for navigation and shoreline stabilization, Reel
        Point Preserve, New York, carried out pursuant to the resolution of
        the Committee on Transportation and Infrastructure of the House of
        Representatives adopted on May 2, 2007 (docket number 2775).
            (47) Project for flood risk management, Rondout Creek-Wallkill
        River Watershed, New York, carried out pursuant to the resolution
        of the Committee on Transportation and Infrastructure of the House
        of Representatives adopted on May 2, 2007 (docket number 2776).
            (48) Project for ecosystem restoration and hurricane and storm
        damage risk reduction, Spring Creek South (Howard Beach), Queens,
        New York.
            (49) Project for ecosystem restoration, Hood River at the
        confluence with the Columbia River, Oregon.
            (50) Project to resolve increased silting and shoaling adjacent
        to the Federal channel, Port of Bandon, Coquille River, Oregon.
            (51) Project for flood control, 42nd Street Levee, Springfield,
        Oregon, being carried out under section 205 of the Flood Control
        Act of 1948 (33 U.S.C. 701s).
            (52) Project for construction of Tribal housing authorized by
        title IV of Public Law 100-581 (102 Stat. 2944), Oregon and
        Washington.
            (53) Project for flood risk management, Dorchester County,
        South Carolina.
            (54) Project for navigation, Georgetown Harbor, South Carolina.
            (55) Project for hurricane and storm damage risk reduction,
        Myrtle Beach, South Carolina.
            (56) Project to modify the projects for navigation and other
        purposes, Old Hickory Lock and Dam and the Cordell Hull Dam and
        Reservoir, Cumberland River, Tennessee, authorized by the Act of
        July 24, 1946 (chapter 595, 60 Stat. 636), to add flood risk
        management as an authorized purpose.
            (57) Project for flood risk management, Buffalo Bayou, Texas.
            (58) Project for flood risk management, ecosystem restoration,
        water supply, and related purposes, Lower Rio Grande River, Cameron
        County, Texas, carried out pursuant to the resolution of the
        Committee on Transportation and Infrastructure of the House of
        Representatives adopted on May 21, 2003 (docket number 2710).
            (59) Project for hurricane and storm damage risk reduction and
        shoreline erosion protection, Bolongo Bay, St. Thomas, United
        States Virgin Islands.
            (60) Project for water supply and ecosystem restoration, Howard
        Hanson Dam, Washington.
            (61) Project for ecosystem restoration, Puget Sound,
        Washington.
            (62) Project for navigation, Seattle Harbor, Washington.
            (63) Project for navigation, Tacoma Harbor, Washington.
            (64) Project for dam safety remediation, Bluestone Dam, West
        Virginia.
            (65) Project to modify the project for navigation, Milwaukee
        Harbor, Wisconsin.
        (b) Post-authorization Change Reports.--The Secretary shall
    expedite completion of a post-authorization change report for the
    following projects:
            (1) Project for ecosystem restoration, Tres Rios, Arizona.
            (2) Project for flood risk management, Des Moines Levee System,
        including Birdland Park Levee, Des Moines and Raccoon Rivers, Des
        Moines, Iowa.
        (c) Watershed and River Basin Assessments.--The Secretary shall
    expedite the completion of an assessment under section 729 of the Water
    Resources Development Act of 1986 (33 U.S.C. 2267a) for the following:
            (1) Kansas River Basin, Kansas.
            (2) Merrimack River Basin, Massachusetts.
            (3) Pascagoula River Basin, Mississippi.
            (4) Tuscarawas River Basin, Ohio.
            (5) Lower Fox River Basin, Wisconsin.
            (6) Upper Fox River Basin and Wolf River Basin, Wisconsin.
        (d) Disposition Studies.--The Secretary shall expedite the
    completion of a disposition study, carried out under section 216 of the
    Flood Control Act of 1970 (33 U.S.C. 549a), for the project for Salinas
    Reservoir (Santa Margarita Lake), California.
        (e) Reallocation Studies.--The Secretary shall expedite the
    completion of a study for the reallocation of water supply storage,
    carried out in accordance with section 301 of the Water Supply Act of
    1958 (43 U.S.C. 390b), for the following:
            (1) Aquilla Lake, Texas.
            (2) Lake Whitney, Texas.
        (f) Economic Reevaluation Report.--The Secretary shall expedite the
    completion of the economic reevaluation report for the navigation and
    sustainability program carried out pursuant to title VIII of the Water
    Resources Development Act of 2007 (33 U.S.C. 652 note).
        SEC. 203. EXPEDITED MODIFICATIONS OF EXISTING FEASIBILITY STUDIES.
        (a) In General.--The Secretary shall expedite the completion of the
    following feasibility studies, as modified by this section, and if the
    Secretary determines that a project that is the subject of the
    feasibility study is justified in a completed report, may proceed
    directly to preconstruction planning, engineering, and design of the
    project:
            (1) San francisco bay, california.--The study for flood risk
        reduction authorized by section 142 of the Water Resources
        Development Act of 1976 (90 Stat. 2930), is modified to authorize
        the Secretary to--
                (A) investigate the ocean shoreline of San Mateo, San
            Francisco, and Marin Counties for the purposes of providing
            flood protection against tidal and fluvial flooding;
                (B) with respect to the bay and ocean shorelines of San
            Mateo, San Francisco, and Marin Counties, investigate measures
            to adapt to rising sea levels; and
                (C) with respect to the bay and ocean shorelines, and
            streams running to the bay and ocean shorelines, of San Mateo,
            San Francisco, and Marin Counties, investigate the effects of
            proposed flood protection and other measures or improvements
            on--
                    (i) the local economy;
                    (ii) habitat restoration, enhancement, or expansion
                efforts or opportunities;
                    (iii) public infrastructure protection and improvement;
                    (iv) stormwater runoff capacity and control measures,
                including those that may mitigate flooding;
                    (v) erosion of beaches and coasts; and
                    (vi) any other measures or improvements relevant to
                adapting to rising sea levels.
            (2) Sacramento river, southern sutter county, california.--The
        study for flood control and allied purposes for the Sacramento
        River Basin, authorized by section 209 of the Flood Control Act of
        1962 (76 Stat. 1197), is modified to authorize the Secretary to
        conduct a study for flood risk management, southern Sutter County
        between the Sacramento River and Sutter Bypass, California.
            (3) Salton sea, california.--In carrying out the program to
        implement projects to restore the Salton Sea, California,
        authorized by section 3032 of the Water Resources Development Act
        of 2007 (121 Stat. 1113; 130 Stat. 1677), the Secretary is
        authorized to carry out a study for the construction of a perimeter
        lake, or a northern or southern subset thereof, for the Salton Sea,
        California.
            (4) New york and new jersey harbor and tributaries, new york
        and new jersey.--The study for flood and storm damage reduction for
        the New York and New Jersey Harbor and Tributaries project,
        authorized by the Act of June 15, 1955 (chapter 140, 69 Stat. 132),
        and being carried out pursuant to the Disaster Relief
        Appropriations Act, 2013 (Public Law 113-2), is modified to require
        the Secretary to--
                (A) evaluate and address the impacts of low-frequency
            precipitation and sea-level rise on the study area;
                (B) consult with affected communities; and
                (C) ensure the study is carried out in accordance with
            section 1001 of the Water Resources Reform and Development Act
            of 2014 (33 U.S.C. 2282c).
        (b) Considerations.--Where appropriate, the Secretary may use the
    authority provided by section 216 of the Flood Control Act of 1970 (33
    U.S.C. 549a) to carry out this section.
        SEC. 204. ASSISTANCE TO NON-FEDERAL SPONSORS; FEASIBILITY ANALYSIS.
        (a) Assistance to Non-Federal Sponsors.--
            (1) In general.--Subject to the availability of appropriations,
        during the period during which a non-Federal interest may submit a
        proposal to be considered for inclusion in an annual report
        pursuant to section 7001(b) of the Water Resources Reform and
        Development Act of 2014 (33 U.S.C. 2282d(b)), the Secretary is
        authorized to provide assistance in accordance with section 1104(b)
        of the Water Resources Development Act of 2018 (33 U.S.C. 2282d
        note) to the non-Federal interest of a project proposal described
        in paragraph (2).
            (2) Project proposals described.--A project proposal referred
        to in paragraph (1) is a proposal for any of the following:
                (A) A feasibility study for a fish passage for ecosystem
            restoration, Lower Alabama River, Alabama.
                (B) A feasibility study for dredged material disposal
            management activities, Port of Florence, Alabama.
                (C) A feasibility study for a project for flood risk
            management, Sikorsky Memorial Airport, Bridgeport, Connecticut.
                (D) A feasibility study for a project to design and
            construct the Naugatuck River Greenway Trail, a multiuse trail
            on Federal land between Torrington and Derby, Connecticut.
                (E) A feasibility study for a project for coastal and flood
            risk management, Stratford, Connecticut.
                (F) A feasibility study for projects for flood risk
            management, Woodbridge, Connecticut.
                (G) The project for flood risk management, Bloomington,
            Indiana.
                (H) The project for flood risk management, Gary, Indiana.
                (I) Modification of the project for beach erosion and
            hurricane protection, Grand Isle, Louisiana, to include
            periodic beach nourishment.
                (J) A feasibility study for a project for flood risk
            management, Cataouatche Subbasin area of the west bank of
            Jefferson Parish, Louisiana.
                (K) A feasibility study for projects for flood risk
            management and storm damage reduction in the Hoey's Basin area
            of the east bank of Jefferson Parish, Louisiana, including a
            study of the ``pump to the river'' concept.
                (L) A feasibility study for a project for flood risk
            management, Hoosic River, Massachusetts.
                (M) Modification of the project for navigation, River
            Rouge, Michigan.
                (N) A project to extend dredging of the South Haven Harbor,
            Michigan, to include the former turning basin.
                (O) Modification of the project for flood risk management,
            Upper Rouge River, Wayne County, Michigan.
                (P) A project for aquatic and riparian ecosystem
            restoration, Line Creek, Riverside, Missouri.
                (Q) A feasibility study for projects for ecosystem
            restoration, Bangert Island, St. Charles, Missouri, related to
            channels and aquatic habitats.
                (R) A study of the resiliency of the Allegheny Reservoir,
            New York, in consultation with the Seneca Nation.
                (S) A feasibility study for the rehabilitation of the
            tainter gates and guard gate, Caughdenoy Dam, New York,
            including an evaluation of the rehabilitation work necessary to
            extend the service life of those structures, such as--
                    (i) improvements to the hydraulic efficiency of the
                gate systems;
                    (ii) improvements to the concrete foundation and gate
                support structures; and
                    (iii) any other improvements the Secretary determines
                to be necessary.
                (T) A project for repairs to the West Pier and West Barrier
            Bar, Little Sodus Bay Harbor, Cayuga County, New York.
                (U) A project for repair of a sheet pile wall and east
            breakwater, Great Sodus Bay, New York.
                (V) A feasibility study for the project for navigation,
            Port of Oswego, New York.
                (W) A feasibility study for potential projects for the
            rehabilitation of the Glens Falls Feeder Canal, which begins at
            the Feeder Dam intersection with the Hudson River in
            Queensbury, New York, and runs to the confluence of the Old
            Champlain Canal in Kingsbury, New York.
                (X) A feasibility study to determine whether the purchase
            of additional flood easements, changes in lake level
            management, additional levee infrastructure, or implementation
            of other flood risk management or containment mechanisms in the
            Arkansas River Basin, Oklahoma, would benefit local communities
            by reducing flood risks around water resources development
            projects of the Corps of Engineers in a range of different
            flood scenarios.
                (Y) A feasibility study on increasing the frequency and
            depth of dredging assistance from the Corps of Engineers at the
            Port of Astoria, located at the mouth of the Columbia River,
            Oregon.
        (b) Feasibility Analysis.--
            (1) In general.--Subject to the availability of appropriations,
        the Secretary is authorized to review a project proposal described
        in paragraph (2) and issue a report to the Committee on Environment
        and Public Works of the Senate and the Committee on Transportation
        and Infrastructure of the House of Representatives on whether a
        modification to the project that is the subject of the proposal is
        necessary and recommended to carry out the authorized purposes of
        such project.
            (2) Project proposals described.--A project proposal referred
        to in paragraph (1) is a proposal to modify any of the following:
                (A) The project for environmental infrastructure, City of
            Sheffield, Alabama, authorized pursuant to section 219(f)(78)
            of the Water Resources Development Act of 1992 (106 Stat. 4835;
            113 Stat. 335; 121 Stat. 1258; 130 Stat. 1687).
                (B) The project for environmental infrastructure, Calaveras
            County, California, under section 219(f)(86) of the Water
            Resources Development Act of 1992 (106 Stat. 4835; 113 Stat.
            335; 121 Stat. 1259).
                (C) The project for environmental infrastructure, Charlotte
            County, Florida, authorized by section 219(f)(121) of the Water
            Resources Development Act of 1992 (106 Stat. 4835; 113 Stat.
            335; 121 Stat. 1261).
                (D) The Mississippi River and Tributaries project
            authorized by the first section of the Act of May 15, 1928 (33
            U.S.C. 702a), to include the portion of the Ouachita River
            Levee System at and below Monroe, Louisiana, to Caldwell
            Parish, Louisiana.
                (E) The project for environmental infrastructure, Central
            New Mexico, authorized by section 593 of the Water Resources
            Development Act of 1999 (113 Stat. 380; 119 Stat. 2255).
                (F) The project for environmental infrastructure, Village
            of Whitehall, New York, authorized pursuant to section 542 of
            the Water Resources Development Act of 2000 (114 Stat. 2671;
            121 Stat. 1150).
                (G) The project for environmental infrastructure, Ohio and
            North Dakota, authorized by section 594 of the Water Resources
            Development Act of 1999 (113 Stat. 383; 121 Stat. 1140; 121
            Stat. 1944).
                (H) The project for flood risk management and water supply,
            Tenkiller Ferry Lake, Arkansas River Basin, Oklahoma,
            authorized by section 4 of the Act of June 28, 1938 (chapter
            795, 52 Stat. 1218), to modify water storage to provide for a
            sufficient quantity of water supply storage space in the
            inactive pool storage to support the fishery downstream from
            Tenkiller Reservoir.
                (I) The project for environmental infrastructure, Athens,
            Tennessee, authorized by section 219(f)(254) of the Water
            Resources Development Act of 1992 (106 Stat. 4835; 113 Stat.
            335; 121 Stat. 1267).
                (J) The project for environmental infrastructure, Blaine,
            Tennessee, authorized by section 219(f)(255) of the Water
            Resources Development Act of 1992 (106 Stat. 4835; 113 Stat.
            335; 121 Stat. 1267).
                (K) The project for environmental infrastructure, Claiborne
            County, Tennessee, authorized by section 219(f)(256) of the
            Water Resources Development Act of 1992 (106 Stat. 4835; 113
            Stat. 335; 121 Stat. 1267).
                (L) The project for environmental infrastructure, Giles
            County, Tennessee, authorized by section 219(f)(257) of the
            Water Resources Development Act of 1992 (106 Stat. 4835; 113
            Stat. 335; 121 Stat. 1267).
                (M) The project for environmental infrastructure, Grainger
            County, Tennessee, authorized by section 219(f)(258) of the
            Water Resources Development Act of 1992 (106 Stat. 4835; 113
            Stat. 335; 121 Stat. 1267).
                (N) The project for environmental infrastructure, Hamilton
            County, Tennessee, authorized by section 219(f)(259) of the
            Water Resources Development Act of 1992 (106 Stat. 4835; 113
            Stat. 335; 121 Stat. 1267).
                (O) The project for environmental infrastructure,
            Harrogate, Tennessee, authorized by section 219(f)(260) of the
            Water Resources Development Act of 1992 (106 Stat. 4835; 113
            Stat. 335; 121 Stat. 1267).
                (P) The project for environmental infrastructure, Johnson
            County, Tennessee, authorized by section 219(f)(261) of the
            Water Resources Development Act of 1992 (106 Stat. 4835; 113
            Stat. 335; 121 Stat. 1267).
                (Q) The project for environmental infrastructure,
            Knoxville, Tennessee, authorized by section 219(f)(262) of the
            Water Resources Development Act of 1992 (106 Stat. 4835; 113
            Stat. 335; 121 Stat. 1267).
                (R) The project for environmental infrastructure, Lewis,
            Lawrence, and Wayne Counties, Tennessee, authorized by section
            219(f)(264) of the Water Resources Development Act of 1992 (106
            Stat. 4835; 113 Stat. 335; 121 Stat. 1268).
                (S) The project for environmental infrastructure,
            Nashville, Tennessee, authorized by section 219(f)(263) of the
            Water Resources Development Act of 1992 (106 Stat. 4835; 113
            Stat. 335; 121 Stat. 1267).
                (T) The project for environmental infrastructure, Oak
            Ridge, Tennessee, authorized by section 219(f)(265) of the
            Water Resources Development Act of 1992 (106 Stat. 4835; 113
            Stat. 335; 121 Stat. 1268).
                (U) The project for environmental infrastructure, Plateau
            Utility District, Morgan County, Tennessee, authorized by
            section 219(f)(266) of the Water Resources Development Act of
            1992 (106 Stat. 4835; 113 Stat. 335; 121 Stat. 1268).
                (V) The authorized funding level for critical restoration
            projects, Lake Champlain watershed, Vermont and New York,
            authorized by section 542 of the Water Resources Development
            Act of 2000 (114 Stat. 2671; 121 Stat. 1150).
                (W) The project for environmental infrastructure, Eastern
            Shore and Southwest Virginia, authorized by section 219(f)(10)
            of the Water Resources Development Act of 1992 (106 Stat. 4835;
            113 Stat. 335; 121 Stat. 1255).
        SEC. 205. SELMA, ALABAMA.
        Not later than 180 days after the date of enactment of this Act,
    the Secretary shall submit to the Committee on Transportation and
    Infrastructure of the House of Representatives and the Committee on
    Environment and Public Works of the Senate a report that--
            (1) provides an update on the study for flood risk management
        and riverbank stabilization, Selma, Alabama, authorized by
        resolutions of the Committees on Public Works and Rivers and
        Harbors of the House of Representatives on June 7, 1961, and April
        28, 1936, respectively, the completion of which the Secretary was
        required to expedite by section 1203 of the Water Resources
        Development Act of 2018 (132 Stat. 3803); and
            (2) identifies project alternatives necessary to--
                (A) assure the preservation of cultural and historic values
            associated with national historic landmarks within the study
            area; and
                (B) provide flood risk management for economically
            disadvantaged communities within the study area.
        SEC. 206. REPORT ON CORPS OF ENGINEERS FACILITIES IN APPALACHIA.
        (a) In General.--Not later than 180 days after the date of
    enactment of this Act, the Secretary, in collaboration with the
    Appalachian Regional Commission established by section 14301(a) of
    title 40, United States Code, shall submit to the Committee on
    Environment and Public Works of the Senate and the Committee on
    Transportation and Infrastructure of the House of Representatives a
    report that identifies each Corps of Engineers facility that--
            (1) is located within a distressed county or an at-risk county
        (as designated by the Appalachian Regional Commission pursuant to
        subparagraph (A) or (B) of section 14526(a)(1), of title 40, United
        States Code), including in counties that are experiencing high
        unemployment or job loss; and
            (2) could be improved for purposes of economic development,
        recreation, or other uses.
        (b) Hydropower Facilities.--
            (1) Identification of potential hydropower development.--The
        Secretary shall include in the report submitted under subsection
        (a) the identification of any existing nonpowered dams, located
        within a distressed county or an at-risk county, with the potential
        to be used to test, evaluate, pilot, demonstrate, or deploy
        hydropower or energy storage technologies.
            (2) Information.--In carrying out this subsection, the
        Secretary may use any information developed pursuant to section
        1206 of the Water Resources Development Act of 2018 (132 Stat.
        3806).
            (3) Coordination.--In carrying out paragraph (1), the Secretary
        shall coordinate with any relevant National Laboratories.
        SEC. 207. ADDITIONAL STUDIES UNDER NORTH ATLANTIC COAST
          COMPREHENSIVE STUDY.
        (a) In General.--The Secretary shall carry out a study to determine
    the feasibility of a project for hurricane and storm damage risk
    reduction for any major metropolitan area located in the study area for
    the comprehensive study authorized under the heading ``Department of
    the Army--Corps of Engineers--Civil--Investigations'' under the
    Disaster Relief Appropriations Act, 2013 (Public Law 113-2) that was
    not included in a high-risk focus area identified in the study.
        (b) Treatment.--A study carried out under subsection (a) shall be
    considered to be a continuation of the comprehensive study described in
    that subsection.
        SEC. 208. SOUTH ATLANTIC COASTAL STUDY.
        Section 1204 of the Water Resources Development Act of 2016 (130
    Stat. 1685) is amended by adding at the end the following:
        ``(d) Annual Reports.--Not later than 180 days after the enactment
    of the Water Resources Development Act of 2020, and not less frequently
    than annually thereafter until 2025, the Secretary shall submit to the
    Committee on Environment and Public Works of the Senate and the
    Committee on Transportation and Infrastructure of the House of
    Representatives a report on the status of the study under subsection
    (a), on a State-by-State basis, including information on the engagement
    of the Corps of Engineers with non-Federal interests, including
    detailed lists of all meetings and decision outcomes associated with
    those engagements.''.
        SEC. 209. COMPREHENSIVE STUDY OF THE SACRAMENTO RIVER, YOLO BYPASS,
          CALIFORNIA.
        (a) Comprehensive Study.--The Secretary shall conduct a
    comprehensive study of the Sacramento River in the vicinity of the Yolo
    Bypass System, California, to identify actions to be undertaken by the
    Secretary for the comprehensive management of the Yolo Bypass System
    for the purposes of flood risk management, ecosystem restoration, water
    supply, hydropower, and recreation.
        (b) Consultation and Use of Existing Data.--
            (1) Consultation.--In conducting the comprehensive study under
        subsection (a), the Secretary shall consult with the Governor of
        the State of California, applicable Federal, State, and local
        agencies, non-Federal interests, the Yolo Bypass and Cache Slough
        Partnership, and other stakeholders.
            (2) Use of existing data and prior studies.--To the maximum
        extent practicable and where appropriate, the Secretary may--
                (A) make use of existing data provided to the Secretary by
            the entities identified in paragraph (1); and
                (B) incorporate--
                    (i) relevant information from prior studies and
                projects carried out by the Secretary within the study
                area; and
                    (ii) the latest technical data and scientific
                approaches to changing hydrologic and climatic conditions.
        (c) Recommendations.--
            (1) In general.--In conducting the comprehensive study under
        subsection (a), the Secretary may develop a recommendation to
        Congress for--
                (A) the construction of a water resources development
            project;
                (B) the structural or operational modification of an
            existing water resources development project;
                (C) additional monitoring of, or adaptive management
            measures to carry out with respect to, existing water resources
            development projects, to respond to changing hydrologic and
            climatic conditions; or
                (D) geographic areas within the Yolo Bypass System for
            additional study by the Secretary.
            (2) Additional considerations.--Any feasibility study carried
        out pursuant to a recommendation under paragraph (1)(D) shall be
        considered to be a continuation of the comprehensive study
        authorized under subsection (a).
        (d) Completion of Study; Report to Congress.--Not later than 3
    years after the date of enactment of this section, the Secretary shall
    submit to the Committee on Transportation and Infrastructure of the
    House of Representatives and the Committee on Environment and Public
    Works of the Senate a report detailing--
            (1) the results of the comprehensive study conducted under
        subsection (a), including any recommendations developed under
        subsection (c);
            (2) any additional, site-specific areas within the Yolo Bypass
        System where additional study for flood risk management or
        ecosystem restoration projects is recommended by the Secretary; and
            (3) any interim actions relating to existing water resources
        development projects undertaken by the Secretary during the study
        period.
        (e) Definitions.--In this section:
            (1) Yolo bypass system.--The term ``Yolo Bypass System'' means
        the system of weirs, levees, bypass structures, and other water
        resources development projects in California's Sacramento River
        Valley, extending from the Fremont Weir near Woodland, California,
        to the Sacramento River near Rio Vista, California, authorized
        pursuant to section 2 of the Act of March 1, 1917 (chapter 144; 39
        Stat. 949).
            (2) Yolo bypass and cache slough partnership.--The term ``Yolo
        Bypass and Cache Slough Partnership'' means the group of parties to
        the Yolo Bypass and Cache Slough Memorandum of Understanding,
        effective May 2016, regarding collaboration and cooperation in the
        Yolo Bypass and Cache Slough region.
        SEC. 210. LAKE OKEECHOBEE REGULATION SCHEDULE, FLORIDA.
        (a) In General.--In carrying out the review of the Lake Okeechobee
    regulation schedule pursuant to section 1106 of the Water Resources
    Development Act of 2018 (132 Stat. 3773), the Secretary shall--
            (1) evaluate the implications of prohibiting releases from Lake
        Okeechobee through the S-308 and S-80 lock and dam structures, and
        evaluate separately the implications of prohibiting high volume
        releases through the S-77, S-78, and S-79 lock and dam structures,
        on the operation of the lake in accordance with authorized purposes
        and seek to minimize unnecessary releases to coastal estuaries; and
            (2) to the maximum extent practicable, coordinate with the
        ongoing efforts of Federal and State agencies responsible for
        monitoring, forecasting, and notification of cyanobacteria levels
        in Lake Okeechobee.
        (b) Monthly Report.--Each month, the Secretary shall make public a
    report, which may be based on the Water Management Daily Operational
    Reports, disclosing the volumes of water deliveries to or discharges
    from Lake Okeechobee & Vicinity, Water Conservation Area I, Water
    Conservation Area II, Water Conservation Area III, East Coast Canals,
    and the South Dade Conveyance. Such report shall be aggregated and
    reported in a format designed for the general public, using maps or
    other widely understood communication tools.
        (c) Effect.--In carrying out the evaluation under subsection
    (a)(1), nothing shall be construed to authorize any new purpose for the
    management of Lake Okeechobee or authorize the Secretary to affect any
    existing authorized purpose, including flood protection and management
    of Lake Okeechobee to provide water supply for all authorized users.
        SEC. 211. GREAT LAKES COASTAL RESILIENCY STUDY.
        (a) In General.--In carrying out the comprehensive assessment of
    water resources needs for the Great Lakes System under section 729 of
    the Water Resources Development Act of 1986 (33 U.S.C. 2267a), as
    required by section 1219 of the Water Resources Development Act of 2018
    (132 Stat. 3811), the Secretary shall--
            (1) taking into account recent high lake levels within the
        Great Lakes, assess and make recommendations to Congress on--
                (A) coastal storm and flood risk management measures,
            including measures that use natural features and nature-based
            features, as those terms are defined in section 1184 of the
            Water Resources Development Act of 2016 (33 U.S.C. 2289a);
                (B) operation and maintenance of the Great Lakes Navigation
            System, as such term is defined in section 210 of the Water
            Resources Development Act of 1986 (33 U.S.C. 2238);
                (C) ecosystem protection and restoration;
                (D) the prevention and control of invasive species and the
            effects of invasive species; and
                (E) recreation associated with water resources development
            projects;
            (2) prioritize actions necessary to protect critical public
        infrastructure, communities, and critical natural or cultural
        resources; and
            (3) to the maximum extent practicable and where appropriate,
        utilize existing data provided to the Secretary by Federal and
        State agencies, Indian Tribes, and other stakeholders, including
        data obtained through other Federal programs.
        (b) Recommendations; Additional Study.--
            (1) In general.--In carrying out the comprehensive assessment
        described in subsection (a), the Secretary may make a
        recommendation to Congress for--
                (A) the construction of a water resources development
            project;
                (B) the structural or operational modification of an
            existing water resources development project;
                (C) additional monitoring of, or adaptive management
            measures to carry out with respect to, existing water resources
            development projects, to respond to changing hydrologic and
            climatic conditions; or
                (D) geographic areas within the Great Lakes System for
            additional study by the Secretary.
            (2) Focus areas.--In addition to carrying out subsection (a),
        to contribute to the comprehensive assessment described in such
        subsection, the Secretary is authorized to conduct feasibility
        studies for--
                (A) the project for coastal storm resiliency, Lake Ontario
            shoreline, New York; and
                (B) the project for coastal storm resiliency, Chicago
            shoreline, Illinois.
            (3) Additional considerations.--Any feasibility study carried
        out pursuant to this subsection, including pursuant to a
        recommendation under paragraph (1)(D), shall be considered to be a
        continuation of the comprehensive assessment described in
        subsection (a).
        (c) Exemption From Maximum Study Cost and Duration Limitations.--
    Section 1001 of the Water Resources Reform and Development Act of 2014
    (33 U.S.C. 2282c) shall not apply to any study recommended under
    subsection (b)(1)(D) or carried out pursuant to subsection (b)(2).
        SEC. 212. REPORT ON THE STATUS OF RESTORATION IN THE LOUISIANA
          COASTAL AREA.
        Not later than 1 year after the date of enactment of this Act, the
    Coastal Louisiana Ecosystem Protection and Restoration Task Force
    established by section 7004 of Water Resources Development Act of 2007
    (121 Stat. 1272) shall submit to Congress a report that summarizes the
    activities and recommendations of the Task Force, including--
            (1) policies, strategies, plans, programs, projects, and
        activities undertaken for addressing conservation, protection,
        restoration, and maintenance of the coastal Louisiana ecosystem;
        and
            (2) financial participation by each agency represented on the
        Task Force in conserving, protecting, restoring, and maintaining
        the coastal Louisiana ecosystem.
        SEC. 213. LOWER MISSISSIPPI RIVER COMPREHENSIVE MANAGEMENT STUDY.
        (a) Comprehensive Study.--
            (1) Purpose.--The Secretary, in collaboration with the heads of
        other relevant Federal agencies and pursuant to subsection
        (d)(1)(A), shall conduct a comprehensive study of the Lower
        Mississippi River basin, from Cape Girardeau, Missouri, to the Gulf
        of Mexico, to identify recommendations of actions to be undertaken
        by the Secretary, under existing authorities or after congressional
        authorization, for the comprehensive management of the basin for
        the purposes of--
                (A) hurricane and storm damage reduction, flood risk
            management, structural and nonstructural flood control, and
            floodplain management strategies;
                (B) navigation;
                (C) ecosystem and environmental restoration;
                (D) water supply;
                (E) hydropower production;
                (F) recreation; and
                (G) other purposes as determined by the Secretary.
            (2) Development.--In conducting the comprehensive study under
        paragraph (1), the Secretary shall investigate--
                (A) the construction of new water resources development
            projects;
                (B) structural and operational modifications to completed
            water resources development projects within the study area;
                (C) projects proposed in the comprehensive coastal
            protection master plan entitled ``Louisiana's Comprehensive
            Master Plan for a Sustainable Coast'', prepared by the State of
            Louisiana and accepted by the Louisiana Coastal Protection and
            Restoration Authority (including any subsequent amendments or
            revisions), including--
                    (i) Ama sediment diversion;
                    (ii) Union freshwater diversion;
                    (iii) increase Atchafalaya flow to Terrebonne; and
                    (iv) Manchac Landbridge diversion;
                (D) natural features and nature-based features, including
            levee setbacks and instream and floodplain restoration;
                (E) fish and wildlife habitat resources, including in the
            Mississippi Sound Estuary, the Lake Pontchartrain Basin, the
            Breton Sound, the Barataria Basin, the Terrebonne Basin, the
            Atchafalaya Basin, the Vermilion-Teche Basin, and other outlets
            of the Mississippi River and Tributaries project;
                (F) mitigation of adverse impacts from operations of flood
            control structures to the Mississippi Sound Estuary, the Lake
            Pontchartrain Basin, the Breton Sound, the Barataria Basin, the
            Atchafalaya Basin, and other outlets of the Mississippi River
            and Tributaries project;
                (G) the effects of dredging and river-bottom elevation
            changes on drainage efficiency;
                (H) the economic impacts of existing practices, including
            such impacts on coastal resources;
                (I) monitoring requirements, including as near-real time
            monitoring as practicable, and adaptive management measures to
            respond to changing conditions over time;
                (J) the division of responsibilities among the Federal
            Government and non-Federal interests with respect to the
            purposes described in paragraph (1); and
                (K) other matters, as determined by the Secretary.
        (b) Consultation and Use of Existing Data.--In conducting the
    comprehensive study under subsection (a), the Secretary shall consult
    with applicable Federal, State, and local agencies, Indian Tribes, non-
    Federal interests, and other stakeholders, and, to the maximum extent
    practicable and where appropriate, make use of existing data provided
    to the Secretary by such entities or from any relevant multistate
    monitoring programs.
        (c) Recommendations.--In conducting the comprehensive study under
    subsection (a), the Secretary shall develop actionable recommendations
    to Congress, including for--
            (1) the construction of new water resources development
        projects to improve the maximum effective river resource use and
        control;
            (2) the structural or operational modification of completed
        water resources development projects;
            (3) such additional monitoring of, or adaptive management
        measures to carry out with respect to, completed water resources
        development projects, to respond to changing conditions;
            (4) improving the efficiency of operational and maintenance
        dredging within the study area;
            (5) whether changes are necessary to the Mississippi River and
        Tributaries project within the study area;
            (6) other Federal and non-Federal action, where appropriate;
        and
            (7) follow-up studies and data collection and monitoring to be
        carried out by the relevant Federal or State agency.
        (d) Completion of Study; Report to Congress.--
            (1) Annual reports.--Not later than 1 year after the date of
        enactment of this Act, and annually thereafter until the final
        report under paragraph (2) is submitted, the Secretary shall submit
        to the Committee on Transportation and Infrastructure of the House
        of Representatives and the Committee on Environment and Public
        Works of the Senate a report detailing--
                (A) any interim actions relating to water resources
            development projects within the study area undertaken by the
            Secretary under existing authority; and
                (B) any recommendations developed under subsection (c).
            (2) Final report.--Not later than 5 years after the date of
        enactment of this section, the Secretary shall submit to the
        Committee on Transportation and Infrastructure of the House of
        Representatives and the Committee on Environment and Public Works
        of the Senate a final report detailing the results of the
        comprehensive study required by this section, including the
        recommendations developed under subsection (c).
            (3) Application of certain requirements.--Section 1001(a) of
        the Water Resources Reform and Development Act of 2014 (33 U.S.C.
        2282c(a)) shall not apply to the study carried out by the Secretary
        under this section.
        (e) Further Analysis.--
            (1) In general.--In conducting the comprehensive study under
        subsection (a), the Secretary shall carry out activities in
        geographic areas that warrant additional analysis by the Corps of
        Engineers, including feasibility studies.
            (2) Treatment.--A feasibility study carried out under paragraph
        (1) shall be considered to be a continuation of the comprehensive
        study conducted under subsection (a).
        (f) Requirements.--The comprehensive study conducted under
    subsection (a) shall be carried out in accordance with the authorities
    for the Mississippi River and Tributaries project.
        (g) Definitions.--In this section:
            (1) Mississippi river and tributaries project.--The term
        ``Mississippi River and Tributaries project'' means the Mississippi
        River and Tributaries project authorized by the first section of
        the Act of May 15, 1928 (33 U.S.C. 702a).
            (2) Natural feature; nature-based feature.--The terms ``natural
        feature'' and ``nature-based feature'' have the meanings given
        those terms in section 1184 of the Water Resources Development Act
        of 2016 (33 U.S.C. 2289a).
        (h) Authorization of Appropriations.--There is authorized to be
    appropriated to carry out this section $25,000,000, to remain available
    until expended.
        (i) Savings Provision.--Nothing in this section shall delay or
    interfere with, or be construed as grounds for enjoining construction
    of, authorized projects within the study area.
        SEC. 214. UPPER MISSISSIPPI RIVER COMPREHENSIVE PLAN.
        (a) Assessment.--The Secretary shall conduct an assessment of the
    water resources needs of the Upper Mississippi River under section 729
    of the Water Resources Development Act of 1986 (33 U.S.C. 2267a).
        (b) Requirements.--The Secretary shall carry out the assessment
    under subsection (a) in accordance with the requirements in section
    1206(b) of Water Resources Development Act of 2016 (130 Stat. 1686).
        SEC. 215. UPPER MISSOURI RIVER BASIN MAINSTEM DAM FISH LOSS
          RESEARCH.
        (a) In General.--Pursuant to section 22 of the Water Resources
    Development Act of 1974 (42 U.S.C. 1962d-16), the Secretary shall
    conduct research on the management of fish losses through the mainstem
    dams of the Missouri River Basin during periods of high flow.
        (b) Contents.--The research conducted under subsection (a) shall
    include an examination of--
            (1) the effects of high flow rates through Upper Missouri River
        Basin mainstem dam outlet works on fish passage;
            (2) options used by other Corps of Engineers district offices
        to mitigate fish losses through dams; and
            (3) the feasibility of implementing fish loss mitigation
        options in the Upper Missouri River Basin mainstem dams, based on
        similar ongoing studies.
        (c) Report.--Not later than 18 months after the date of enactment
    of this Act, the Secretary shall submit to the Committee on
    Transportation and Infrastructure of the House of Representatives and
    the Committee on Environment and Public Works of the Senate a report
    recommending a plan to address fish losses through mainstem dams in the
    Upper Missouri River Basin.
        SEC. 216. LOWER AND UPPER MISSOURI RIVER COMPREHENSIVE FLOOD
          PROTECTION.
        (a) Additional Studies for Lower Missouri River Basin.--
            (1) In general.--Except as provided in paragraph (2), upon the
        request of the non-Federal interest for the Lower Missouri Basin
        study, the Secretary shall expand the scope of such study to
        investigate and provide recommendations relating to--
                (A) modifications to projects in Iowa, Kansas, Nebraska,
            and Missouri authorized under the Pick-Sloan Missouri River
            Basin Program (authorized by section 9(b) of the Act of
            December 22, 1944 (chapter 665, 58 Stat. 891)) and the Missouri
            River Bank Stabilization and Navigation project (authorized by
            section 2 of the Act of March 2, 1945 (chapter 19, 59 Stat.
            19)), including modifications to the authorized purposes of
            such projects to further flood risk management and resiliency;
            and
                (B) modifications to non-Federal, publicly owned levees in
            the Lower Missouri River Basin.
            (2) Exception.--If the Secretary determines that expanding the
        scope of the Lower Missouri Basin study as provided in paragraph
        (1) is not practicable, and the non-Federal interest for such study
        concurs in such determination, the Secretary shall carry out such
        additional studies as are necessary to investigate the
        modifications described in paragraph (1).
            (3) Continuation of lower missouri basin study.--The following
        studies shall be considered a continuation of the Lower Missouri
        Basin study:
                (A) Any additional study carried out under paragraph (2).
                (B) Any study recommended to be carried out in a report
            that the Chief of Engineers prepares for the Lower Missouri
            Basin study.
                (C) Any study recommended to be carried out in a report
            that the Chief of Engineers prepares for an additional study
            carried out under paragraph (2).
                (D) Any study spun off from the Lower Missouri Basin study
            before the completion of such study.
                (E) Any study spun off from an additional study carried out
            under paragraph (2) before the completion of such additional
            study.
            (4) Reliance on existing information.--In carrying out any
        study described in or authorized by this subsection, the Secretary,
        to the extent practicable, shall rely on existing data and
        analysis, including data and analysis prepared under section 22 of
        the Water Resources Development Act of 1974 (42 U.S.C. 1962d-16).
            (5) Consideration; consultation.--In developing recommendations
        under paragraph (1), the Secretary shall--
                (A) consider the use of--
                    (i) structural and nonstructural measures, including
                the setting back of levees and removing structures from
                areas of recurring flood vulnerability, where advantageous,
                to reduce flood risk and damages in the Lower Missouri
                River Basin; and
                    (ii) where such features are locally acceptable,
                natural features or nature-based features (as such terms
                are defined in section 1184 of the Water Resources
                Development Act of 2016 (33 U.S.C. 2289a); and
                (B) consult with applicable Federal and State agencies,
            Indian Tribes, and other stakeholders within the Lower Missouri
            River Basin and solicit public comment on such recommendations.
            (6) Exemption from maximum study cost and duration
        limitations.--Section 1001 of the Water Resources Reform and
        Development Act of 2014 (33 U.S.C. 2282c) shall not apply to the
        Lower Missouri Basin study or any study described in paragraph (3).
            (7) Preconstruction, engineering, and design.--Upon completion
        of a study authorized by this subsection, if the Secretary
        determines that a recommended project, or modification to a project
        described in paragraph (1), is justified, the Secretary may proceed
        directly to preconstruction planning, engineering, and design of
        the project or modification.
            (8) Technical assistance.--
                (A) In general.--For the provision of technical assistance
            to support small communities and economically disadvantaged
            communities in the planning and design of flood risk management
            and flood risk resiliency projects in the Lower Missouri River
            Basin, for each of fiscal years 2021 through 2026, there are
            authorized to be appropriated--
                    (i) $2,000,000 to carry out section 206 of the Flood
                Control Act of 1960 (33 U.S.C. 709a), in addition to
                amounts otherwise authorized to carry out such section; and
                    (ii) $2,000,000 to carry out section 22(a)(2) of the
                Water Resources Development Act of 1974 (42 U.S.C. 1962d-
                16), in addition to amounts otherwise authorized to carry
                out such section.
                (B) Conditions.--
                    (i) Limitations not applicable.--The limitations on the
                use of funds in section 206(d) of the Flood Control Act of
                1960 and section 22(c)(2) of the Water Resources
                Development Act of 1974 shall not apply to the amounts
                authorized to be appropriated by subparagraph (A).
                    (ii) Rule of construction.--Nothing in this paragraph
                restricts the authority of the Secretary to use any funds
                otherwise appropriated to carry out section 206 of the
                Flood Control Act of 1960 or section 22(a)(2) of the Water
                Resources Development Act of 1974 to provide technical
                assistance described in subparagraph (A).
            (9) Completion of study; report to congress.--Not later than 3
        years after the date of enactment of this Act, the Secretary shall
        submit to the Committee on Transportation and Infrastructure of the
        House of Representatives and the Committee on Environment and
        Public Works of the Senate a report detailing--
                (A) the results of the study authorized by this subsection;
                (B) any additional, site-specific areas within the Lower
            Missouri River Basin for which additional study for flood risk
            management projects is recommended by the Secretary; and
                (C) any interim actions relating to existing water
            resources development projects in the Lower Missouri River
            Basin undertaken by the Secretary during the study period.
            (10) Definitions.--In this subsection:
                (A) Lower missouri basin study.--The term ``Lower Missouri
            Basin study'' means the Lower Missouri Basin Flood Risk and
            Resiliency Study, Iowa, Kansas, Nebraska, and Missouri,
            authorized pursuant to section 216 of the Flood Control Act of
            1970 (33 U.S.C. 549a).
                (B) Small community.--The term ``small community'' means a
            local government that serves a population of less than 15,000.
        (b) Upper Missouri River Basin Comprehensive Study.--
            (1) In general.--The Secretary, in collaboration with the heads
        of other relevant Federal agencies, shall conduct a comprehensive
        study to address flood risk in areas affected by severe flooding in
        2019 along the Upper Missouri River, including an examination of--
                (A) the use of structural and nonstructural flood control
            and floodplain management strategies, including the
            consideration of natural features or nature-based features (as
            such terms are defined in section 1184 of the Water Resources
            Development Act of 2016 (33 U.S.C. 2289a);
                (B) continued operation and maintenance of the navigation
            project;
                (C) management of bank caving and erosion;
                (D) maintenance of water supply;
                (E) fish and wildlife habitat management;
                (F) recreation needs;
                (G) environmental restoration needs;
                (H) the division of responsibilities of the Federal
            Government and non-Federal interests with respect to Missouri
            River flooding;
                (I) the roles and responsibilities of Federal agencies with
            respect to Missouri River flooding; and
                (J) any other related matters, as determined by the
            Secretary.
            (2) Recommendations.--In conducting the study under this
        subsection, the Secretary may develop recommendations to Congress
        for--
                (A) the construction of a water resources development
            project;
                (B) the structural or operational modification of an
            existing water resources development project;
                (C) such additional monitoring of, or adaptive management
            measures to carry out with respect to, existing water resources
            development projects, to respond to changing conditions;
                (D) geographic areas within the Upper Missouri River basin
            for additional study by the Secretary;
                (E) management plans and actions to be carried out by the
            responsible Federal agencies to reduce flood risk and improve
            resiliency;
                (F) any necessary changes to the general comprehensive plan
            for flood control and other purposes in the Missouri River
            Basin under section 4 of the Act of June 28, 1938 (chapter 795,
            52 Stat. 1218; 58 Stat. 891); and
                (G) follow-up studies for problem areas for which data or
            current technology does not allow immediate solutions.
            (3) Completion of study; report to congress.--Not later than 3
        years after the date of enactment of this subsection, the Secretary
        shall submit to the Committee on Transportation and Infrastructure
        of the House of Representatives and the Committee on Environment
        and Public Works of the Senate a report that--
                (A) contains the results of the comprehensive study
            required by this subsection, including any recommendations
            developed under paragraph (2);
                (B) addresses--
                    (i) the potential for the transfer of flood risk
                between and within the Upper and Lower Missouri River
                basins with respect to any changes recommended pursuant to
                paragraph (2)(F);
                    (ii) adverse impacts to navigation and other authorized
                purposes of the applicable Missouri River project with
                respect to any changes recommended under paragraph (2)(F);
                and
                    (iii) whether there are opportunities for increased
                non-Federal management in the Upper Missouri River Basin;
                (C) recognizes--
                    (i) the interest and rights of States in--

                        (I) determining the development of watersheds
                    within the borders of the State; and
                        (II) water utilization and control; and

                    (ii) the primary responsibilities of States and local
                interests in developing water supplies for domestic,
                municipal, industrial, and other purposes; and
                (D) describes any interim actions relating to existing
            water resources development projects in the Upper Missouri
            River Basin undertaken by the Secretary during the study
            period.
            (4) Consultation.--In carrying out this subsection, the
        Secretary shall consult with applicable Federal and State agencies,
        Indian Tribes, and other stakeholders within the Upper Missouri
        River Basin and solicit public comment.
            (5) Reliance on existing information.--In carrying out any
        study described in or authorized by this subsection, the Secretary,
        to the extent practicable, shall rely on existing data and
        analysis, including data and analysis prepared under section 22 of
        the Water Resources Development Act of 1974 (42 U.S.C. 1962d-16).
            (6) Exemption from maximum study cost and duration
        limitations.--Section 1001 of the Water Resources Reform and
        Development Act of 2014 (33 U.S.C. 2282c) shall not apply to the
        comprehensive study carried out under this section or any
        feasibility study described in paragraph (7).
            (7) Additional considerations.--Any feasibility study carried
        out pursuant to a recommendation included in the report submitted
        under this subsection shall be considered to be a continuation of
        the comprehensive study required under paragraph (1).
            (8) Definition.--In this subsection, the term ``Missouri River
        project'' means a project constructed as part of--
                (A) the Pick-Sloan Missouri River Basin Program (authorized
            by section 9(b) of the Act of December 22, 1944 (chapter 665,
            58 Stat. 891)), located in the States of Wyoming, Montana,
            North Dakota, or South Dakota;
                (B) the Missouri River Bank Stabilization and Navigation
            project (authorized by section 2 of the Act of March 2, 1945
            (chapter 19, 59 Stat. 19)); or
                (C) a non-Federal, publicly owned levee system located
            within the Upper Missouri River Basin.
        (c) Coordination.--Upon completion of the studies under subsections
    (a) and (b), the Secretary shall develop a strategy that, to the
    maximum extent practicable, coordinates and aligns the results of such
    studies.
        SEC. 217. PORTSMOUTH HARBOR AND PISCATAQUA RIVER AND RYE HARBOR,
          NEW HAMPSHIRE.
        (a) Requirement to Expedite.--The Secretary shall expedite
    authorized activities to address the impacts of shoaling affecting the
    project for navigation, Rye Harbor, New Hampshire, authorized by
    section 101 of the River and Harbor Act of 1960 (74 Stat. 480).
        (b) Status Update.--Not later than 180 days after the date of
    enactment of this Act, the Secretary shall submit to Congress a written
    status update regarding--
            (1) the activities required to be expedited under subsection
        (a); and
            (2) the project for navigation, Portsmouth Harbor and
        Piscataqua River, authorized by section 101 of the River and Harbor
        Act of 1962 (76 Stat. 1173), as required to be expedited under
        section 1317 of the Water Resources Development Act of 2018 (132
        Stat. 3823).
        SEC. 218. COUGAR AND DETROIT DAMS, WILLAMETTE RIVER BASIN, OREGON.
        (a) Report.--Not later than 2 years after the date of enactment of
    this Act, the Secretary shall submit to the Committee on Transportation
    and Infrastructure of the House of Representatives and the Committee on
    Environment and Public Works of the Senate, and make publicly
    available, a report providing an initial analysis of deauthorizing
    hydropower as a project purpose at the Cougar and Detroit Dams project.
        (b) Contents.--The Secretary shall include in the report submitted
    under subsection (a)--
            (1) a description of the potential effects of deauthorizing
        hydropower as a project purpose at the Cougar and Detroit Dams
        project on--
                (A) the operation of the project, including with respect to
            the other authorized purposes of the project;
                (B) compliance of the project with the Endangered Species
            Act;
                (C) costs that would be attributed to other authorized
            purposes of the project, including costs relating to compliance
            with such Act; and
                (D) other ongoing studies in the Willamette River Basin;
            and
            (2) identification of any further research needed.
        (c) Project Defined.--In this section, the terms ``Cougar and
    Detroit Dams project'' and ``project'' mean the Cougar Dam and
    Reservoir project and Detroit Dam and Reservoir project, Willamette
    River Basin, Oregon, authorized by section 204 of the Flood Control Act
    of 1950 (64 Stat. 179), and facilities that operate in conjunction with
    the main Detroit Dam facility, including the Big Cliff re-regulating
    dam.
        SEC. 219. PORT ORFORD, OREGON.
        Not later than 180 days after the date of enactment of this Act,
    the Secretary shall, at Federal expense, submit to the Committee on
    Transportation and Infrastructure of the House of Representatives and
    the Committee on Environment and Public Works of the Senate a summary
    report on the research completed and data gathered by the date of
    enactment of this Act with regards to the configuration of a breakwater
    for the project for navigation, Port Orford, Oregon, authorized by
    section 117 of the River and Harbor Act of 1970 (84 Stat. 1822; 106
    Stat. 4809), for the purposes of addressing shoaling issues to minimize
    long-term maintenance costs.
        SEC. 220. WILSON CREEK AND SLOAN CREEK, FAIRVIEW, TEXAS.
        Not later than 180 days after the date of enactment of this
    section, the Secretary shall submit to Congress a written status update
    regarding efforts to address flooding along Wilson Creek and Sloan
    Creek in the City of Fairview, Texas.
        SEC. 221. STUDY ON WATER SUPPLY AND WATER CONSERVATION AT WATER
          RESOURCES DEVELOPMENT PROJECTS.
        (a) In General.--Not later than 18 months after the date of
    enactment of this Act, the Secretary shall submit to the Committee on
    Transportation and Infrastructure of the House of the Representatives
    and the Committee on Environment and Public Works of the Senate a
    report that analyzes the benefits and consequences of including water
    supply and water conservation as a primary mission of the Corps of
    Engineers in carrying out water resources development projects.
        (b) Inclusion.--The Secretary shall include in the report submitted
    under subsection (a)--
            (1) a description of existing water resources development
        projects with water supply or water conservation as authorized
        purposes, and the extent to which such projects are utilized for
        such purposes;
            (2) a description of existing water resources development
        projects with respect to which--
                (A) water supply or water conservation could be added as a
            project purpose, including those with respect to which a non-
            Federal interest has expressed an interest in adding water
            supply or water conservation as a project purpose; and
                (B) such a purpose could be accommodated while maintaining
            existing authorized purposes;
            (3) a description of ongoing water resources development
        project studies the authorizations for which include authorization
        for the Secretary to study the feasibility of carrying out the
        project with a purpose of water supply or water conservation;
            (4) an analysis of how adding water supply and water
        conservation as a primary mission of the Corps of Engineers would
        affect the ability of the Secretary to carry out future water
        resources development projects; and
            (5) any recommendations of the Secretary relating to including
        water supply and water conservation as a primary mission of the
        Corps of Engineers.
        SEC. 222. REPORT TO CONGRESS ON AUTHORIZED STUDIES AND PROJECTS.
        (a) In General.--Not later than February 1 of each year, the
    Secretary shall develop and submit to Congress an annual report, to be
    entitled ``Report to Congress on Authorized Water Resources Development
    Projects and Studies'', that identifies--
            (1) ongoing or new feasibility studies, authorized within the
        previous 20 years, for which a Report of the Chief of Engineers has
        not been issued;
            (2) authorized feasibility studies for projects in the
        preconstruction, engineering and design phase;
            (3) ongoing or new water resources development projects
        authorized for construction within the previous 20 years; and
            (4) authorized and constructed water resources development
        projects the Secretary has the responsibility to operate or
        maintain.
        (b) Contents.--
            (1) Inclusions.--
                (A) Criteria.--The Secretary shall include in each report
            submitted under this section only a feasibility study or water
            resources development project--
                    (i) that has been authorized by Congress to be carried
                out by the Secretary and does not require any additional
                congressional authorization to be carried out;
                    (ii) that the Secretary has the capability to carry out
                if funds are appropriated for such study or project under
                any of the ``Investigations'', ``Construction'',
                ``Operation and Maintenance'', or ``Mississippi River and
                Tributaries'' appropriations accounts for the Corps of
                Engineers; and
                    (iii) for which a non-Federal interest--

                        (I) in the case of a study or a project other than
                    a project for which funds may be appropriated for
                    operation and maintenance, has entered into a
                    feasibility cost-sharing agreement, design agreement,
                    or project partnership agreement with the Corps of
                    Engineers, or has informed the Secretary that the non-
                    Federal interest has the financial capability to enter
                    into such an agreement within 1 year; and
                        (II) demonstrates the legal and financial
                    capability to satisfy the requirements for local
                    cooperation with respect to the study or project.

                (B) Description of benefits.--
                    (i) Description.--The Secretary shall, to the maximum
                extent practicable, describe in each report submitted under
                this section the benefits, as described in clause (ii), of
                each feasibility study and water resources development
                project included in the report.
                    (ii) Benefits.--The benefits referred to in clause (i)
                are benefits to--

                        (I) the protection of human life and property;
                        (II) improvement to transportation;
                        (III) the national, regional, or local economy;
                        (IV) the environment; or
                        (V) the national security interests of the United
                    States.

            (2) Transparency.--The Secretary shall include in each report
        submitted under this section, for each feasibility study and water
        resources development project included in the report--
                (A) the name of the associated non-Federal interest,
            including the name of any non-Federal interest that has
            contributed, or is expected to contribute, a non-Federal share
            of the cost of the study or project;
                (B) the purpose of the study or project;
                (C) an estimate, to the extent practicable, of the Federal,
            non-Federal, and total costs of the study or project,
            including, to the extent practicable, the fully funded
            capability of the Corps of Engineers for--
                    (i) the 3 fiscal years following the fiscal year in
                which the report is submitted, in the case of a feasibility
                study; and
                    (ii) the 5 fiscal years following the fiscal year in
                which the report is submitted, in the case of a water
                resources development project; and
                (D) an estimate, to the extent practicable, of the monetary
            and nonmonetary benefits of the study or project.
            (3) Certification.--The Secretary shall include in each report
        submitted under this section a certification stating that each
        feasibility study or water resources development project included
        in the report meets the criteria described in paragraph (1)(A).
            (4) Omissions.--
                (A) Limitation.--The Secretary shall not omit from a report
            submitted under this section a study or project that otherwise
            meets the criteria for inclusion in the report solely on the
            basis of a policy of the Secretary.
                (B) Appendix.--If the Secretary omits from a report
            submitted under this section a study or project that otherwise
            meets the criteria for inclusion in the report, the Secretary
            shall include with the report an appendix that lists the name
            of the study or project and reason for its omission.
        (c) Submission to Congress; Publication.--
            (1) Submission to congress.--The Secretary may submit a report
        under this section in conjunction with the submission of the annual
        report under section 7001 of the Water Resources Reform and
        Development Act of 2014 (33 U.S.C. 2282d).
            (2) Publication.--On submission of each report under this
        section, the Secretary shall make the report publicly available,
        including through publication on the internet.
        (d) Definitions.--In this section:
            (1) Non-federal interest.--The term ``non-Federal interest''
        has the meaning given that term in section 221 of the Flood Control
        Act of 1970 (42 U.S.C. 1962d-5b).
            (2) Water resources development project.--The term ``water
        resources development project'' includes a separable element of a
        project, a project under an environmental infrastructure assistance
        program, and a project the authorized purposes of which include
        water supply.
        SEC. 223. COMPLETION OF REPORTS AND MATERIALS.
        (a) In General.--Using available appropriations, not later than 180
    days after the date of enactment of this section, the Secretary shall
    complete and submit to Congress the following materials:
            (1) The report required by section 1211 of the Water Resources
        Development Act of 2018 (132 Stat. 3808).
            (2) Implementation guidance for the amendments made by section
        1176 of the Water Resources Development Act of 2016 (130 Stat.
        1673).
            (3) Implementation guidance for the amendments made by section
        3029(a) of the Water Resources Reform and Development Act of 2014
        (128 Stat. 1305).
            (4) Any other report or other material required to be submitted
        to Congress by any of the following Acts (including by amendments
        made by such Acts) that has not been so submitted by the date of
        enactment of this section:
                (A) The Water Resources Reform and Development Act of 2014
            (Public Law 113-121).
                (B) The Water Resources Development Act of 2016 (Public Law
            114-322).
                (C) The Water Resources Development Act of 2018 (Public Law
            115-270).
        (b) Use of Existing Data.--To the extent practicable and
    appropriate, the Secretary shall use existing data in completing any
    materials described in subsection (a).
        (c) Failure To Submit.--If the Secretary fails to submit materials
    as required by this section, the Secretary shall immediately inform the
    Committee on Environment and Public Works of the Senate and the
    Committee on Transportation and Infrastructure of the House of
    Representatives, in writing, of the specific reasons for such failure
    and a timeline for submission of the delinquent materials.
        (d) Implementation Guidance.--The Secretary shall expeditiously
    issue any guidance necessary to implement any provision of this Act,
    including any amendments made by this Act, in accordance with section
    1105 of the Water Resources Development Act of 2018 (33 U.S.C. 2202).
        SEC. 224. EMERGENCY FLOODING PROTECTION FOR LAKES.
        The Secretary shall submit to Congress a report on the extent to
    which section 5 of the Act of August 18, 1941 (33 U.S.C. 701n), applies
    to lakes, including lakes with the flow of a slow-moving river,
    including, if applicable, recommendations for legislative changes to
    ensure that such lakes are eligible for the program carried out
    pursuant to such section.
        SEC. 225. REPORT ON DEBRIS REMOVAL.
        Section 1210 of the Water Resources Development Act of 2018 (132
    Stat. 3808) is amended to read as follows:
    ``SEC. 1210. REPORT ON DEBRIS REMOVAL.
        ``(a) In General.--Not later than 180 days after the date of
    enactment of the Water Resources Development Act of 2020, the Secretary
    shall submit to Congress and make publicly available a report that
    describes--
            ``(1) the extent to which, during the 10 fiscal years prior to
        such date of enactment, the Secretary has carried out section 3 of
        the Act of March 2, 1945 (33 U.S.C. 603a);
            ``(2) how the Secretary has evaluated potential work to be
        carried out under that section; and
            ``(3) the extent to which the Secretary plans to start,
        continue, or complete debris removal activities in the 3 years
        following submission of the report.
        ``(b) Focus Areas.--The Secretary shall include in the report
    submitted under subsection (a)--
            ``(1) identification of the debris removal activities to be
        started, continued, or completed during the first fiscal year
        following the date of enactment of this subsection within the
        boundaries of the North Atlantic Division of the Corps of
        Engineers;
            ``(2) the estimated total costs and completion dates for such
        activities; and
            ``(3) identification of the non-Federal interest associated
        with such activities.''.
        SEC. 226. REPORT ON ANTECEDENT HYDROLOGIC CONDITIONS.
        (a) Report.--
            (1) In general.--Not later than 18 months after the date of
        enactment of this Act, the Secretary shall submit to the Committee
        on Environment and Public Works of the Senate and the Committee on
        Transportation and Infrastructure of the House of Representatives a
        report on the use by the Corps of Engineers since 2010 of data
        relating to antecedent hydrologic conditions in the Missouri River
        Basin (including soil moisture conditions, frost depths, snowpack,
        and streamflow conditions) in--
                (A) conducting Missouri River mainstem reservoir operations
            under the Missouri River Master Manual;
                (B) developing related annual operating plans; and
                (C) performing seasonal, monthly, and daily operations.
            (2) Inclusions.--The report submitted under paragraph (1) shall
        include--
                (A) a review of--
                    (i) the approach of the Corps of Engineers to
                forecasting basin runoff in developing annual operating
                plans of the Corps of Engineers;
                    (ii) the assessment of existing and alternative
                algorithms that could improve basin runoff forecasting;
                    (iii) the approach of the Corps of Engineers for
                reservoir releases in the winter, spring, summer, and fall,
                based on basin runoff forecasts;
                    (iv) the technical report of the Corps of Engineers
                entitled ``Long-Term Runoff Forecasting'', dated February,
                2017;
                    (v) the use by the Corps of Engineers of data from
                Federal and State entities in basin runoff forecasts; and
                    (vi) the use by the Corps of Engineers of advanced data
                collection, including through the use of unmanned aerial
                systems, forecasting, and modeling;
                (B) findings and recommendations on how to best incorporate
            antecedent basin conditions in annual operating plans and
            Missouri River mainstem reservoir operations; and
                (C) the results of the peer review conducted under
            subsection (b).
        (b) Peer Review.--The Secretary shall seek to enter into an
    agreement with the National Academy of Sciences or a similar
    independent scientific and technical advisory organization to establish
    a panel of experts to conduct a peer review of the report to be
    submitted under subsection (a).
        (c) Authorization of Appropriations.--There are authorized to be
    appropriated to the Secretary--
            (1) $5,000,000 to carry out subsection (a); and
            (2) $5,000,000 to carry out subsection (b).
        SEC. 227. SUBSURFACE DRAIN SYSTEMS RESEARCH AND DEVELOPMENT.
        Subject to the availability of appropriations, the Secretary,
    acting through the Director of the Engineer Research and Development
    Center and, where appropriate, in consultation with other Federal
    agencies, shall carry out research and development activities relating
    to the use of subsurface drain systems as--
            (1) a flood risk-reduction measure; or
            (2) a coastal storm risk-reduction measure.
        SEC. 228. REPORT ON CORROSION PREVENTION ACTIVITIES.
        Not later than 180 days after the date of enactment of this Act,
    the Secretary shall submit to the Committee on Transportation and
    Infrastructure of the House of Representatives and the Committee on
    Environment and Public Works of the Senate, and make publicly
    available, a report that describes--
            (1) the extent to which the Secretary has carried out section
        1033 of the Water Resources Reform and Development Act of 2014 (33
        U.S.C. 2350);
            (2) the extent to which the Secretary has incorporated
        corrosion prevention activities (as defined in such section) at
        water resources development projects constructed or maintained by
        the Secretary since the date of enactment of such section; and
            (3) in instances where the Secretary has not incorporated
        corrosion prevention activities at such water resources development
        projects since such date, an explanation as to why such corrosion
        prevention activities have not been incorporated.
        SEC. 229. ANNUAL REPORTING ON DISSEMINATION OF INFORMATION.
        Section 1104(b) of the Water Resources Development Act of 2018 (33
    U.S.C. 2282d note) is amended--
            (1) by redesignating paragraphs (1) through (4) as
        subparagraphs (A) through (D), respectively, and indenting
        appropriately;
            (2) in the matter preceding subparagraph (A) (as so
        redesignated), by striking ``The Secretary'' and inserting the
        following:
            ``(1) In general.--The Secretary''; and
            (3) by adding at the end the following:
            ``(2) Annual reporting.--Not less frequently than annually, the
        Secretary shall provide to the Committee on Environment and Public
        Works of the Senate and the Committee on Transportation and
        Infrastructure of the House of Representatives a written update on
        the progress of the implementation of paragraph (1), including a
        description of each education and outreach action the Secretary is
        taking to implement that paragraph.
            ``(3) Guidance; compliance.--The Secretary shall--
                ``(A) issue guidance on the uniform implementation by each
            district of the Corps of Engineers of the process for
            submitting proposals under section 7001 of the Water Resources
            Reform and Development Act of 2014 (33 U.S.C. 2282d); and
                ``(B) each year, ensure compliance with the guidance issued
            under subparagraph (A).''.
        SEC. 230. REPORT ON BENEFITS CALCULATION FOR FLOOD CONTROL
          STRUCTURES.
        Not later than 180 days after the date of enactment of this Act,
    the Secretary shall submit to the Committee on Environment and Public
    Works of the Senate and the Committee on Transportation and
    Infrastructure of the House of Representatives a report on the extent
    to which flood insurance premium reductions that result from
    implementation of a flood risk management project, including structural
    elements, nonstructural elements, or natural features or nature-based
    features, are included in the calculation of the benefits of the
    project by the Corps of Engineers.

                 TITLE III--DEAUTHORIZATIONS AND MODIFICATIONS

        SEC. 301. DEAUTHORIZATION OF INACTIVE PROJECTS.
        (a) Purposes.--The purposes of this section are--
            (1) to identify water resources development projects authorized
        by Congress that are no longer viable for construction due to--
                (A) a lack of local support;
                (B) a lack of available Federal or non-Federal resources;
            or
                (C) an authorizing purpose that is no longer relevant or
            feasible;
            (2) to create an expedited and definitive process for Congress
        to deauthorize water resources development projects that are no
        longer viable for construction; and
            (3) to allow the continued authorization of water resources
        development projects that are viable for construction.
        (b) Proposed Deauthorization List.--
            (1) Preliminary list of projects.--
                (A) In general.--The Secretary shall develop a preliminary
            list of each water resources development project, or separable
            element of a project, authorized for construction before
            November 8, 2007, for which--
                    (i) planning, design, or construction was not initiated
                before the date of enactment of this Act; or
                    (ii) planning, design, or construction was initiated
                before the date of enactment of this Act, but for which no
                funds, Federal or non-Federal, were obligated for planning,
                design, or construction of the project or separable element
                of the project during the current fiscal year or any of the
                10 preceding fiscal years.
                (B) Use of comprehensive construction backlog and operation
            and maintenance report.--The Secretary may develop the
            preliminary list from the comprehensive construction backlog
            and operation and maintenance reports developed pursuant to
            section 1001(b)(2) of the Water Resources Development Act of
            1986 (33 U.S.C. 579a).
                (C) Exclusions.--The Secretary shall not include on the
            preliminary list--
                    (i) an environmental infrastructure assistance project
                authorized to be carried out by the Secretary (including a
                project authorized pursuant to an environmental assistance
                program); or
                    (ii) a project or separable element of a project
                authorized as part of the Comprehensive Everglades
                Restoration Plan described in section 601 of the Water
                Resources Development Act of 2000 (114 Stat. 2680).
            (2) Preparation of proposed deauthorization list.--
                (A) Deauthorization amount.--The Secretary shall prepare a
            proposed list of projects for deauthorization comprised of a
            subset of projects and separable elements identified on the
            preliminary list developed under paragraph (1) that have, in
            the aggregate, an estimated Federal cost to complete that is at
            least $10,000,000,000.
                (B) Determination of federal cost to complete.--For
            purposes of subparagraph (A), the Federal cost to complete
            shall take into account any allowances authorized by section
            902 of the Water Resources Development Act of 1986 (33 U.S.C.
            2280), as applied to the most recent project schedule and cost
            estimate.
                (C) Inclusion of deauthorization of antiquated projects.--
            The Secretary shall reduce the amount identified for
            deauthorization under paragraph (2)(A) by an amount equivalent
            to the estimated current value of each project, or separable
            element of a project, that is deauthorized by subsection (f).
            (3) Sequencing of projects.--
                (A) In general.--The Secretary shall identify projects and
            separable elements for inclusion on the proposed list of
            projects for deauthorization under paragraph (2) according to
            the order in which the projects and separable elements were
            authorized, beginning with the earliest authorized projects and
            separable elements and ending with the latest project or
            separable element necessary to meet the aggregate amount under
            paragraph (2)(A).
                (B) Factors to consider.--The Secretary may identify
            projects and separable elements in an order other than that
            established by subparagraph (A) if the Secretary determines, on
            a case-by-case basis, that a project or separable element is
            critical for interests of the United States, based on the
            possible impact of the project or separable element on public
            health and safety, the national economy, or the environment.
            (4) Public comment and consultation.--
                (A) In general.--The Secretary shall solicit comments from
            the public and the Governors of each applicable State on the
            proposed deauthorization list prepared under paragraph (2)(A).
                (B) Comment period.--The public comment period shall be 90
            days.
            (5) Preparation of final deauthorization list.--
                (A) In general.--The Secretary shall prepare a final
            deauthorization list by--
                    (i) considering any comments received under paragraph
                (4); and
                    (ii) revising the proposed deauthorization list
                prepared under paragraph (2)(A) as the Secretary determines
                necessary to respond to such comments.
                (B) Appendix.--The Secretary shall include as part of the
            final deauthorization list an appendix that--
                    (i) identifies each project or separable element on the
                proposed deauthorization list that is not included on the
                final deauthorization list; and
                    (ii) describes the reasons why the project or separable
                element is not included on the final deauthorization list.
        (c) Submission of Final Deauthorization List to Congress for
    Congressional Review; Publication.--
            (1) In general.--Not later than 90 days after the date of the
        close of the comment period under subsection (b)(4), the Secretary
        shall--
                (A) submit the final deauthorization list and appendix
            prepared under subsection (b)(5) to the Committee on
            Transportation and Infrastructure of the House of
            Representatives and the Committee on Environment and Public
            Works of the Senate; and
                (B) publish the final deauthorization list and appendix in
            the Federal Register.
            (2) Exclusions.--The Secretary shall not include in the final
        deauthorization list submitted under paragraph (1) any project or
        separable element with respect to which Federal funds for planning,
        design, or construction are obligated after the development of the
        preliminary list under subsection (b)(1)(A) but prior to the
        submission of the final deauthorization list under paragraph (1)(A)
        of this subsection.
        (d) Deauthorization; Congressional Review.--
            (1) In general.--After the expiration of the 2-year period
        beginning on the date of publication of the final deauthorization
        list and appendix under subsection (c)(1)(B), a project or
        separable element of a project identified in the final
        deauthorization list is hereby deauthorized, unless Congress passes
        a joint resolution disapproving the final deauthorization list
        prior to the end of such period.
            (2) Non-federal contributions.--
                (A) In general.--A project or separable element of a
            project identified in the final deauthorization list under
            subsection (c) shall not be deauthorized under this subsection
            if, before the expiration of the 2-year period referred to in
            paragraph (1), the non-Federal interest for the project or
            separable element of the project provides sufficient funds to
            complete the project or separable element of the project.
                (B) Treatment of projects.--Notwithstanding subparagraph
            (A), each project and separable element of a project identified
            in the final deauthorization list shall be treated as
            deauthorized for purposes of the aggregate deauthorization
            amount specified in subsection (b)(2)(A).
            (3) Projects identified in appendix.--A project or separable
        element of a project identified in the appendix to the final
        deauthorization list shall remain subject to future deauthorization
        by Congress.
        (e) Special Rules.--
            (1) Post-authorization studies.--A project or separable element
        of a project may not be identified on the proposed deauthorization
        list developed under subsection (b), or the final deauthorization
        list developed under subsection (c), if the project or separable
        element received funding for a post-authorization study during the
        current fiscal year or any of the 10 preceding fiscal years.
            (2) Treatment of project modifications.--For purposes of this
        section, if an authorized water resources development project or
        separable element of the project has been modified by an Act of
        Congress, the date of the authorization of the project or separable
        element shall be deemed to be the date of the most recent such
        modification.
        (f) Deauthorization of Antiquated Projects.--
            (1) In general.--Any water resources development project, or
        separable element of a project, authorized for construction prior
        to November 17, 1986, for which construction has not been initiated
        prior to the date of enactment of this Act, or for which funds have
        not been obligated for construction in the 10-year period prior to
        the date of enactment of this Act, is hereby deauthorized.
            (2) Identification.--Not later than 60 days after the date of
        enactment of this Act, the Secretary shall issue to the Committee
        on Transportation and Infrastructure of the House of
        Representatives and the Committee on Environment and Public Works
        of the Senate a report that identifies--
                (A) the name of each project, or separable element of a
            project, deauthorized by paragraph (1); and
                (B) the estimated current value of each such project or
            separable element of a project.
        (g) Economic and Environmental Review of Inactive Water Resources
    Development Projects.--The Secretary or the non-Federal interest may
    not carry out any authorized water resources development project, or
    separable element of such project, for which construction has not been
    initiated in the 20-year period following the date of the authorization
    of such project or separable element, until--
            (1) the Secretary provides to the Committee on Transportation
        and Infrastructure of the House of Representatives and the
        Committee on Environment and Public Works of the Senate a post-
        authorization change report that updates the economic and
        environmental analysis of the project or separable element; and
            (2) the Committee on Transportation and Infrastructure of the
        House of Representatives and the Committee on Environment and
        Public Works of the Senate take appropriate action to address any
        modifications to the economic and environmental analysis for the
        project or separable element of the project contained in the post-
        authorization change report.
        (h) Definitions.--In this section:
            (1) Post-authorization change report.--The term ``post-
        authorization change report'' has the meaning given such term in
        section 1132(d) of the Water Resources Development Act of 2016 (33
        U.S.C. 2282e).
            (2) Post-authorization study.--The term ``post-authorization
        study'' means--
                (A) a feasibility report developed under section 905 of the
            Water Resources Development Act of 1986 (33 U.S.C. 2282);
                (B) a feasibility study, as defined in section 105(d) of
            the Water Resources Development Act of 1986 (33 U.S.C.
            2215(d)); or
                (C) a review conducted under section 216 of the Flood
            Control Act of 1970 (33 U.S.C. 549a), including an initial
            appraisal that--
                    (i) demonstrates a Federal interest; and
                    (ii) requires additional analysis for the project or
                separable element.
        SEC. 302. ABANDONED AND INACTIVE NONCOAL MINE RESTORATION.
        Section 560(f) of the Water Resources Development Act of 1999 (33
    U.S.C. 2336(f)) is amended by striking `` $20,000,000'' and inserting
    `` $30,000,000''.
        SEC. 303. TRIBAL PARTNERSHIP PROGRAM.
        Section 203(b)(4) of the Water Resources Development Act of 2000
    (33 U.S.C. 2269) is amended by striking `` $12,500,000'' each place it
    appears and inserting `` $18,500,000''.
        SEC. 304. LAKES PROGRAM.
        Section 602(a) of the Water Resources Development Act of 1986
    (Public Law 99-662, 100 Stat. 4148; 110 Stat. 3758; 113 Stat. 295; 121
    Stat. 1076) is amended--
            (1) in paragraph (27), by striking ``and'' at the end;
            (2) in paragraph (28), by striking the period at the end and
        inserting a semicolon; and
            (3) by adding at the end the following:
            ``(29) Ellis Pond and Guild Pond, Norwood, Massachusetts; and
            ``(30) Memorial Pond, Walpole, Massachusetts.''.
        SEC. 305. REHABILITATION OF CORPS OF ENGINEERS CONSTRUCTED DAMS.
        Section 1177 of the Water Resources Development Act of 2016 (33
    U.S.C. 467f-2 note) is amended--
            (1) in subsection (e), by striking `` $40,000,000'' and
        inserting `` $60,000,000''; and
            (2) in subsection (f), by striking `` $40,000,000'' and
        inserting `` $60,000,000''.
        SEC. 306. CHESAPEAKE BAY ENVIRONMENTAL RESTORATION AND PROTECTION
          PROGRAM.
        (a) In General.--Section 510 of the Water Resources Development Act
    of 1996 (Public Law 104-303, 110 Stat. 3759; 121 Stat. 1202; 128 Stat.
    1317) is amended--
            (1) by redesignating subsection (h) as subsection (i) and
        inserting after subsection (g) the following:
        ``(h) Project Cap.--The total cost of a project carried out under
    this section may not exceed $15,000,000.''; and
            (2) in subsection (i) (as so redesignated), by striking ``
        $40,000,000'' and inserting `` $90,000,000''.
        (b) Outreach and Training.--The Secretary shall conduct public
    outreach and workshops for non-Federal interests to provide information
    on the Chesapeake Bay environmental restoration and protection program
    established under section 510 of the Water Resources Development Act of
    1996, including how to participate in the program.
        SEC. 307. UPPER MISSISSIPPI RIVER SYSTEM ENVIRONMENTAL MANAGEMENT
          PROGRAM.
        Section 1103(e) of the Water Resources Development Act of 1986 (33
    U.S.C. 652(e)) is amended--
            (1) in paragraph (3), by striking `` $22,750,000'' and
        inserting `` $40,000,000''; and
            (2) in paragraph (4), by striking `` $10,420,000'' and
        inserting `` $15,000,000''.
        SEC. 308. UPPER MISSISSIPPI RIVER PROTECTION.
        Section 2010(e) of the Water Resources Reform and Development Act
    of 2014 (128 Stat. 1270; 132 Stat. 3812) is amended by striking ``the
    Act of October 15, 1940 (33 U.S.C. 701h-1)'' and inserting ``section 5
    of the Act of June 22, 1936 (33 U.S.C. 701h)''.
        SEC. 309. THEODORE SHIP CHANNEL, MOBILE, ALABAMA.
        (a) In General.--The project for navigation, Theodore Ship Channel,
    Mobile Harbor, Alabama, authorized by section 201 of the Flood Control
    Act of 1965 (42 U.S.C. 1962d-5), is revised to incorporate into the
    project the 40-foot-deep, 1,320-foot-wide, and approximately 1,468.5-
    foot-long access channel, extending north from stations 257+25 and
    273+25 from the Theodore Channel, that was constructed for the former
    Naval Station Mobile, as a substitute for the authorized but
    unconstructed 40-foot-deep, 300-foot-wide, and 1,200-foot-long
    anchorage basin in the same location, to serve the public terminal that
    replaced the former Naval Station Mobile as obligated under the
    authorizations for the project.
        (b) Treatment.--The Secretary shall--
            (1) consider construction of the access channel described in
        subsection (a) to be complete; and
            (2) assume maintenance of the access channel described in
        subsection (a) for so long as the terminal described in subsection
        (a) remains publicly owned.
        SEC. 310. MCCLELLAN-KERR ARKANSAS RIVER NAVIGATION SYSTEM.
        Any Federal funds, regardless of the account from which the funds
    were provided, used to carry out construction of the modification to
    the McClellan-Kerr Arkansas River Navigation System, authorized in
    section 136 of the Energy and Water Development Appropriations Act,
    2004 (117 Stat. 1842), shall be considered by the Secretary as
    initiating construction of the project such that future funds will not
    require a new investment decision.
        SEC. 311. OUACHITA AND BLACK RIVERS, ARKANSAS AND LOUISIANA.
        The project for navigation, Ouachita and Black Rivers, Arkansas and
    Louisiana, authorized by section 101 of the River and Harbor Act of
    1960 (74 Stat. 481), is modified to include water supply as an
    authorized purpose.
        SEC. 312. LAKE ISABELLA, CALIFORNIA.
        (a) Sense of Congress.--It is the sense of Congress that the
    Secretary, when evaluating alternative locations for construction of a
    permanent Isabella Lake Visitor Center by the Corps of Engineers to
    replace the facility impacted by the Isabella Dam safety modification
    project, should afford substantial weight to the site preference of the
    local community.
        (b) Authority.--The Secretary may acquire such interests in real
    property as the Secretary determines necessary or advisable to support
    construction of the Isabella Dam safety modification project.
        (c) Transfer.--The Secretary may transfer any real property
    interests acquired under subsection (b) to any other Federal agency or
    department without reimbursement.
        (d) Isabella Dam Safety Modification Project Defined.--In this
    section, the term ``Isabella Dam safety modification project'' means
    the dam safety modification project at the Isabella Reservoir in the
    San Joaquin Valley, California (authorized by Act of December 22, 1944
    (chapter 665, 58 Stat. 901)), including the component of the project
    relating to construction a visitor center facility.
        SEC. 313. LOWER SAN JOAQUIN RIVER FLOOD CONTROL PROJECT.
        The Secretary shall align the schedules of, and maximize
    complimentary efforts, minimize duplicative practices, and ensure
    coordination and information sharing with respect to--
            (1) the project for flood risk management, Lower San Joaquin
        River, authorized by section 1401(2) of the Water Resources
        Development Act of 2018 (132 Stat. 3836); and
            (2) the second phase of the feasibility study for the Lower San
        Joaquin River project for flood risk management, authorized for
        expedited completion by section 1203(a)(7) of the Water Resources
        Development Act 2018 (132 Stat. 3803).
        SEC. 314. SACRAMENTO RIVER, GLENN-COLUSA, CALIFORNIA.
         The portion of project for flood control, Sacramento River,
    California, authorized by section 2 of the Act of March 1, 1917
    (chapter 144, 39 Stat. 949; 103 Stat. 649; 110 Stat. 3709; 112 Stat.
    1841; 113 Stat. 299), consisting of a riverbed gradient restoration
    facility at the Glenn-Colusa Irrigation District Intake, is no longer
    authorized beginning on the date of enactment of this Act.
        SEC. 315. SAN DIEGO RIVER AND MISSION BAY, SAN DIEGO COUNTY,
          CALIFORNIA.
        The portion of the project for flood control and navigation, San
    Diego River and Mission Bay, San Diego County, California, authorized
    by the Act of July 24, 1946 (chapter 595, 60 Stat. 636), identified in
    the National Levee Database established under section 9004 of the Water
    Resources Development Act of 2007 (33 U.S.C. 3303) as the San Diego
    River 3 segment and consisting of a 785-foot-long segment of the right
    bank levee from Station 209+41.75 to its end at Station 217+26.75, as
    described in construction plans dated August 30, 1951, is no longer
    authorized beginning on the date of enactment of this Act.
        SEC. 316. SAN FRANCISCO, CALIFORNIA, WATERFRONT AREA.
        (a) In General.--Section 114 of the River and Harbor Act of 1968
    (33 U.S.C. 59h) is amended to read as follows:
        ``SEC. 114. SAN FRANCISCO, CALIFORNIA, WATERFRONT AREA.
        ``(a) Area To Be Declared Nonnavigable.--The following area is
    declared to be nonnavigable waters of the United States: All of that
    portion of the City and County of San Francisco, California, lying
    shoreward of a line beginning at the intersection of the southerly
    right of way line of Earl Street prolongation with the Pierhead United
    States Government Pierhead line, the Pierhead line as defined in the
    State of California Harbor and Navigation Code Section 1770, as amended
    in 1961; thence northerly along said Pierhead line to its intersection
    with a line parallel with and distant 10 feet easterly from, the
    existing easterly boundary line of Pier 30-32; thence northerly along
    said parallel line and its northerly prolongation, to a point of
    intersection with a line parallel with, and distant 10 feet northerly
    from, the existing northerly boundary of Pier 30-32; thence westerly
    along last said parallel line to its intersection with said Pierhead
    line; thence northerly along said Pierhead line, to the intersection of
    the easterly right of way line of Van Ness Avenue, formerly Marlette
    Street, prolongation to the Pierhead line.
        ``(b) Requirement That Area Be Improved.--The declaration of
    nonnavigability under subsection (a) applies only to those parts of the
    area described in subsection (a) that are or will be bulkheaded,
    filled, or otherwise occupied or covered by permanent structures and
    does not affect the applicability of any Federal statute or regulation
    that relates to filling of navigable waters or to other regulated
    activities within the area described in subsection (a), including
    sections 9 and 10 of the Act of March 3, 1899 (33 U.S.C. 401, 403),
    section 404 of the Federal Water Pollution Control Act, and the
    National Environmental Policy Act of 1969.
        ``(c) Inclusion of Embarcadero Historic District.--Congress finds
    and declares that the area described in subsection (a) contains the
    seawall, piers, and wharves that comprise the Embarcadero Historic
    District listed on the National Register of Historic Places on May 12,
    2006.''.
        (b) Conforming Amendment.--Section 5052 of the Water Resources
    Development Act of 2007 (33 U.S.C. 59h-1) is repealed.
        SEC. 317. WESTERN PACIFIC INTERCEPTOR CANAL, SACRAMENTO RIVER,
          CALIFORNIA.
        The portion of the project for flood protection on the Sacramento
    River, authorized by section 2 of the of March 1, 1917 (chapter 144, 39
    Stat. 949; 45 Stat. 539; 50 Stat. 877; 55 Stat. 647; 80 Stat. 1422),
    consisting of the portion of the levee from G.P.S. coordinate
    N2147673.584 E6690904.187 to N2147908.413 E6689057.060 associated with
    the Western Pacific Interceptor Canal, is no longer authorized
    beginning on the date of the enactment of this Act.
        SEC. 318. RIO GRANDE ENVIRONMENTAL MANAGEMENT PROGRAM, COLORADO,
          NEW MEXICO, AND TEXAS.
        Section 5056(f) of the Water Resources Development Act of 2007
    (Public Law 110-114, 121 Stat. 1213; 128 Stat. 1314) is amended by
    striking ``2019'' and inserting ``2029''.
        SEC. 319. NEW LONDON HARBOR WATERFRONT CHANNEL, CONNECTICUT.
        (a) In General.--The portion of the project for navigation, New
    London Harbor, Connecticut, authorized by the first section of the Act
    of June 13, 1902 (chapter 1079, 32 Stat. 333), described in subsection
    (b) is no longer authorized beginning on the date of enactment of this
    Act.
        (b) Area Described.--The area referred to in subsection (a) is
    generally the portion between and around the 2 piers at the State Pier
    in New London, specifically the area--
            (1) beginning at a point N691263.78, E1181259.26;
            (2) running N 3501'50.75'' W about 955.59 feet to a point
        N692046.26, E1180710.74;
            (3) running N 5458'06.78'' E about 100.00 feet to a point
        N692103.66, E1180792.62;
            (4) running S 3501'50.75'' E about 989.8 feet to a point
        N691293.17, E1181360.78; and
            (5) running S 7351'15.45'' W about 105.69 feet to the point
        described in paragraph (1).
        SEC. 320. WILMINGTON HARBOR, DELAWARE.
        It is the sense of Congress that the Corps of Engineers should
    maintain the annual maintenance dredging for Wilmington Harbor,
    Delaware, authorized by the Act of June 3, 1896 (chapter 314, 29 Stat.
    207).
        SEC. 321. WILMINGTON HARBOR SOUTH DISPOSAL AREA, DELAWARE.
        (a) Finding.--For the purposes of applying section 217(b) of the
    Water Resources Development Act of 1996 (33 U.S.C. 2326a(b)) to the
    Wilmington Harbor South Disposal Area, Delaware, the Secretary shall
    find that the standard has been met for the Edgemoor expansion of the
    Port of Wilmington, Delaware.
        (b) Use.--Any use of the Wilmington Harbor South Disposal Area
    permitted by the Secretary under section 217(b) for the Edgemoor
    Expansion of the Port of Wilmington shall not otherwise reduce the
    availability of capacity, in dredged material disposal facilities under
    the jurisdiction of the Secretary that were constructed before the date
    of enactment of this Act, for operation and maintenance of--
            (1) the Delaware River Mainstem and Channel Deepening project,
        Delaware, New Jersey, and Pennsylvania, authorized by section
        101(6) of the Water Resources Development Act of 1992 (106 Stat.
        4802); or
            (2) the Delaware River, Philadelphia to the Sea, project,
        Delaware, New Jersey, Pennsylvania, authorized by the Act of June
        25, 1910 (chapter 382, 36 Stat. 637; 46 Stat. 921; 52 Stat. 803; 59
        Stat. 14; 68 Stat. 1249; 72 Stat. 297).
        (c) Fee.--The Secretary shall impose on the non-Federal interest
    for the Edgemoor Expansion of the Port of Wilmington a fee, under
    section 217(b)(1)(B) of the Water Resources Development Act of 1996 (33
    U.S.C. 2326a(b)(1)(B)), to recover capital, operation, and maintenance
    costs associated with any use by the non-Federal interest of capacity
    in the Wilmington Harbor South Disposal Area permitted by the Secretary
    under section 217(b) of the Water Resources Development Act of 1996
    pursuant to subsection (a) of this section.
        (d) Agreement to Pay.--In accordance with section 217(a) of the
    Water Resources Development Act of 1996 (33 U.S.C. 2326a(a)), if, to
    accommodate the dredged materials from operation and maintenance of the
    Edgemoor Expansion of the Port of Wilmington, the Secretary provides
    additional capacity at the Wilmington Harbor South Disposal Area, the
    non-Federal interest for the Edgemoor Expansion of the Port of
    Wilmington shall agree to pay, during the period of construction, all
    costs associated with the construction of the additional capacity.
        SEC. 322. WASHINGTON HARBOR, DISTRICT OF COLUMBIA.
        Beginning on the date of enactment of this Act, the project for
    navigation, Washington Harbor, District of Columbia, authorized by the
    Act of August 30, 1935 (chapter 831, 49 Stat. 1031), is modified to
    reduce, in part, the authorized dimensions of the project, such that
    the remaining authorized dimensions are as follows:
            (1) A 200-foot-wide, 12-foot-deep channel with a center line
        beginning at a point East 1,317,064.30 and North 440,373.32, thence
        to a point East 1,316,474.30 and North 440,028.31, thence to a
        point East 1,315,584.30 and North 439,388.30, thence to a point
        East 1,315,259.31 and North 438,908.30.
            (2) A 200- to 300-foot-wide, 12-foot-deep transition area, with
        a center line beginning at a point East 1,315,259.31 and North
        438,908.30 to a point East 1,315,044.31 and North 438,748.30.
            (3) A 300-foot-wide, 15-foot-deep channel with a centerline
        beginning a point East 1,315,044.31 and North 438,748.30, thence to
        a point East 1,314,105.31 and North 438,124.79, thence to a point
        East 1,311,973.30 and North 438,807.78, thence to a point East
        1,311,369.73 and North 438,577.42, thence to a point East
        1,311,015.73 and North 438,197.57, thence to a point East
        1,309,713.47 and North 435,678.91.
            (4) A 300- to 400-foot-wide, 15- to 24-foot-deep transition
        area, with a center line beginning at a point East 1,309,713.47 and
        North 435,678.91 to a point East 1,307,709.33 and North 434,488.25.
            (5) A 400-foot-wide, 24-foot-deep channel with a centerline
        beginning at a point East 1,307,709.33 and North 434,488.25, thence
        to a point East 1,307,459.33 and North 434,173.25, thence to a
        point East 1,306,476.82 and North 432,351.28, thence to a point
        East 1,306,209.79 and North 431,460.21, thence to a point at the
        end of the channel near Hains Point East 1,305,997.63 and North
        429,978.31.
        SEC. 323. BIG CYPRESS SEMINOLE INDIAN RESERVATION WATER
          CONSERVATION PLAN, FLORIDA.
        (a) In General.--The project for ecosystem restoration, Big Cypress
    Seminole Indian Reservation Water Conservation Plan, Florida,
    authorized pursuant to section 528 of the Water Resources Development
    Act of 1996 (110 Stat. 3767), is no longer authorized beginning on the
    date of enactment of this Act.
        (b) Savings Provision.--Nothing in this section affects the
    responsibility of the Secretary to pay any damages awarded by the Armed
    Services Board of Contract Appeals, or by a court of competent
    jurisdiction, to a contractor relating to the adjudication of claims
    arising from construction of the project described in subsection (a).
        SEC. 324. CENTRAL EVERGLADES, FLORIDA.
        The project for ecosystem restoration, Central Everglades,
    authorized by section 1401(4) of the Water Resources Development Act of
    2016 (130 Stat. 1713), is modified to include the project for ecosystem
    restoration, Central and Southern Florida, Everglades Agricultural
    Area, authorized by section 1308 of the Water Resources Development Act
    of 2018 (132 Stat. 3819), and to authorize the Secretary to carry out
    the project, as so combined, at a total combined cost of
    $4,362,091,000.
        SEC. 325. MIAMI RIVER, FLORIDA.
         The portion of the project for navigation, Miami River, Florida,
    authorized by the Act of July 3, 1930 (46 Stat. 925; 59 Stat. 16; 74
    Stat. 481; 100 Stat. 4257), beginning at the existing railroad bascule
    bridge and extending approximately 1,000 linear feet upstream to an
    existing salinity barrier and flood control structure, is no longer
    authorized beginning on the date of enactment of this Act.
        SEC. 326. JULIAN KEEN, JR. LOCK AND DAM, MOORE HAVEN, FLORIDA.
        (a) Designation.--The Moore Haven Lock and Dam, Moore Haven,
    Florida, authorized pursuant to the Act of July 3, 1930 (chapter 847,
    46 Stat. 925; 49 Stat. 1032), shall be known and designated as the
    ``Julian Keen, Jr. Lock and Dam''.
        (b) References.--Any reference in a law, map, regulation, document,
    paper, or other record of the United States to the Lock and Dam
    referred to in subsection (a) shall be deemed to be a reference to the
    ``Julian Keen, Jr. Lock and Dam''.
        SEC. 327. TAYLOR CREEK RESERVOIR AND LEVEE L-73 (SECTION 1), UPPER
          ST. JOHNS RIVER BASIN, FLORIDA.
        The portions of the project for flood control and other purposes,
    Central and Southern Florida, authorized by section 203 of the Flood
    Control Act of 1948 (62 Stat. 1176), consisting of the Taylor Creek
    Reservoir and Levee L-73, Section 1, within the Upper St. Johns River
    Basin, Florida, are no longer authorized beginning on the date of
    enactment of this Act.
        SEC. 328. EXTINGUISHMENT OF FLOWAGE EASEMENTS, ROUGH RIVER LAKE,
          KENTUCKY.
        (a) In General.--Subject to the availability of appropriations and
    on request of the landowner, the Secretary shall extinguish any flowage
    easement or portion of a flowage easement held by the United States on
    developed land of the landowner at Rough River Lake, Kentucky--
            (1) that is above 534 feet mean sea level; and
            (2) for which the Secretary determines the flowage easement or
        portion of the flowage easement is not required to address
        backwater effects.
        (b) No Liability.--The United States shall not be liable for any
    damages to property or injuries to persons from flooding that may be
    attributable to the operation and maintenance of Rough River Dam,
    Kentucky, on land that was encumbered by a flowage easement
    extinguished under subsection (a).
        (c) Authorization of Appropriations.--There is authorized to be
    appropriated to carry out this section $10,000,000, to remain available
    until expended.
        SEC. 329. CALCASIEU RIVER AND PASS, LOUISIANA.
        Not later than 120 days after the date of enactment of this Act,
    the Secretary shall provide to the Committee on Transportation and
    Infrastructure of the House of Representatives and the Committee on
    Environment and Public Works of the Senate a report on plans to modify
    the Calcasieu River and Pass Dredged Material Management Plan and
    Supplemental Environmental Impact Statement (November 22, 2010 DMMP/
    SEIS) to allow for the expansion of Dredged Material Placement
    Facilities (DMPFs) 17, 19, 22, D, and E to the lakeside foreshore rock
    boundaries during planned rehabilitation of these facilities.
        SEC. 330. CAMDEN HARBOR, MAINE.
        (a) In General.--The portions of the project for navigation, Camden
    Harbor, Maine, described in subsection (b) are no longer authorized
    beginning on the date of enactment of this Act.
        (b) Portions Described.--The portions referred to in subsection (a)
    are the following:
            (1) The portion of the 10-foot-deep inner harbor area,
        authorized by the first section of the Act of March 3, 1873
        (chapter 233, 17 Stat. 565; 25 Stat. 400), approximately 50,621.75
        square feet in area--
                (A) starting at a point with coordinates N197,640.07,
            E837,851.71;
                (B) thence running S8443' 23.94''W about 381.51 feet to a
            point with coordinates N197,604.98, E837,471.82;
                (C) thence running N4347' 51.43''W about 270.26 feet to a
            point with coordinates N197,800.05, E837,284.77;
                (D) thence running S5902' 26.62''E about 219.18 feet to a
            point with coordinates N197,687.30, E837,472.72;
                (E) thence running S8150' 09.76''E about 144.70 feet to a
            point with coordinates N197,666.75, E837,615.96;
                (F) thence running N5727' 07.42''E about 317.32 feet to a
            point with coordinates N197,866.52, E837,928.96; and
                (G) thence running S1850' 04.48''W about 239.27 feet to
            the point described in subparagraph (A).
            (2) The portion of the 14-foot-deep outer harbor area,
        authorized by the first section of the Act of August 11, 1888 (25
        Stat. 400; 32 Stat. 331), approximately 222,015.94 square feet in
        area--
                (A) starting at a point with coordinates N197,640.07,
            E837,851.71;
                (B) thence running N1850' 04.48''E about 239.27 feet to a
            point with coordinates N197,866.53, E837,928.96;
                (C) thence running N5828' 51.05''E about 308.48 feet to a
            point with coordinates N198,027.79, E838,191.93;
                (D) thence running N8420' 01.88''E about 370.06 feet to a
            point with coordinates N198,064.33, E838,560.18;
                (E) thence running S0532' 03.42''E about 357.31 feet to a
            point with coordinates N197,708.68, E838,594.64; and
                (F) thence running S8443' 23.94''W about 746.08 feet to
            the point described in subparagraph (A).
        SEC. 331. CAPE PORPOISE HARBOR, MAINE, ANCHORAGE AREA DESIGNATION.
        (a) In General.--The project for navigation, Cape Porpoise Harbor,
    Maine, authorized by section 101 of the River and Harbor Act of 1948
    (62 Stat. 1172), is modified to designate the portion of the project
    described in subsection (b) as a 6-foot-deep anchorage.
        (b) Portion Described.--The portion of the project referred to in
    subsection (a) is the approximately 192,235.63 square foot area
    consisting of the 100-foot-wide and 6-foot-deep channel located within
    the inner harbor--
            (1) starting at a point with coordinates N 194,175.13, E
        2,882,011.74;
            (2) thence running N3346' 08.14''W about 914.57 feet to a
        point with coordinates N 194,935.40, E 2,881,503.38;
            (3) thence running N1241' 09.78''W about 1,026.40 feet to a
        point with coordinates N 195,936.74, E 2,881,277.97;
            (4) thence running N7718' 50.22''E about 100.00 feet to a
        point with coordinates N 195,958.70, E 2,881,375.53;
            (5) thence running S1241' 09.78''E about 1,007.79 feet to a
        point with coordinates N 194,975.52, E 2,881,596.85;
            (6) thence running S3346' 08.14''E about 895.96 feet to a
        point with coordinates N 194,230.72, E 2,882,094.86; and
            (7) thence running S5613' 51.86''W about 100.00 feet to the
        point described in paragraph (1).
        SEC. 332. BALTIMORE, MARYLAND.
        The Secretary is authorized, in accordance with section 5 of Act of
    June 22, 1936 (33 U.S.C. 701h), to accept funds contributed by a non-
    Federal interest for dredging on irregular cycles of the Baltimore
    Inner Harbor Approach Channel, Baltimore Harbor and Channels Federal
    navigation project, authorized by section 101 of the River and Harbor
    Act of 1958 (72 Stat. 297).
        SEC. 333. THAD COCHRAN LOCK AND DAM, AMORY, MISSISSIPPI.
        (a) Sense of Congress.--It is the sense of Congress that Thad
    Cochran, whose selfless determination and tireless work, while serving
    as a congressman and United States Senator from Mississippi for 45
    years, contributed greatly to the realization and success of the
    Tennessee-Tombigbee Waterway.
        (b) Designation.--The navigation lock known as the ``Amory Lock'',
    located at mile 371 on the Tennessee-Tombigbee Waterway, Mississippi,
    and the dam associated with such lock, shall be known and designated as
    the ``Thad Cochran Lock and Dam''.
        (c) References.--Any reference in a law, map, regulation, document,
    paper, or other record of the United States to the lock and dam
    referred to in subsection (b) shall be deemed to be a reference to the
    ``Thad Cochran Lock and Dam''.
        SEC. 334. MISSOURI RIVER RESERVOIR SEDIMENT MANAGEMENT.
        Section 1179(a) of the Water Resources Development Act of 2016 (130
    Stat. 1675; 132 Stat. 3782) is amended--
            (1) in paragraph (3)--
                (A) in subparagraph (B), by inserting ``project purposes,
            including'' before ``storage capacity''; and
                (B) in subparagraph (C), by striking ``preliminary'';
            (2) by redesignating paragraphs (4) through (9) as paragraphs
        (6) through (11), respectively; and
            (3) by inserting after paragraph (3) the following:
            ``(4) Justification.--In determining the economic justification
        of a sediment management plan under paragraph (2), the Secretary
        shall--
                ``(A) measure and include flooding, erosion, and accretion
            damages both upstream and downstream of the reservoir that are
            likely to occur as a result of sediment management within the
            reservoir compared to the damages that are likely to occur if
            the sediment management plan is not implemented; and
                ``(B) include lifecycle costs and a 100-year period of
            analysis.
            ``(5) Implementation.--As part of a sediment management plan
        under paragraph (2), and in accordance with paragraph (10), the
        Secretary may carry out sediment removal activities at reservoirs
        owned and operated by the Secretary in the Upper Missouri River
        Basin, or at reservoirs for which the Secretary has flood control
        responsibilities under section 7 of the Act of December 22, 1944
        (33 U.S.C. 709), in the Upper Missouri River Basin, in accordance
        with section 602 of the Water Resources Development Act of 1986
        (100 Stat. 4148; 110 Stat. 3758; 113 Stat. 295; 121 Stat. 1076) as
        if those reservoirs were listed in subsection (a) of that
        section.''.
        SEC. 335. PORTSMOUTH, NEW HAMPSHIRE.
        The Secretary shall expedite the activities required to be carried
    out under section 204 of the Water Resources Development Act of 1992
    (33 U.S.C. 2326) regarding the use of improvement dredging of the
    Portsmouth Federal navigation project in Portsmouth, New Hampshire,
    carried out pursuant to section 3 of the Act of August 13, 1946 (33
    U.S.C. 426g), as a source of clean beach fill material to reinforce the
    stone revetment at Nantasket Beach, Hull, Massachusetts.
        SEC. 336. RAHWAY FLOOD RISK MANAGEMENT FEASIBILITY STUDY, NEW
          JERSEY.
        The Secretary shall--
            (1) nullify the determination of the North Atlantic Division of
        the Corps of Engineers that further activities to carry out the
        feasibility study for a project for flood risk management, Rahway,
        New Jersey, authorized by the resolution of the Committee on
        Transportation and Infrastructure of the House of Representatives
        adopted on March 24, 1998 (docket number 2548), is not warranted;
            (2) identify an acceptable alternative to the project described
        in paragraph (1) that could receive Federal support; and
            (3) carry out, and expedite the completion of, a feasibility
        study for the acceptable alternative identified under paragraph
        (2).
        SEC. 337. SAN JUAN-CHAMA PROJECT; ABIQUIU DAM, NEW MEXICO.
        (a) Abiquiu Reservoir.--Section 5(b) of Public Law 97-140 (43
    U.S.C. 620a note) is amended by striking ``a total of two hundred
    thousand acre-feet of''.
        (b) Water Storage at Abiquiu Dam, New Mexico.--Section 1 of Public
    Law 100-522 (43 U.S.C. 620a note) is amended--
            (1) by striking ``200,000 acre-feet of'';
            (2) by inserting ``and San Juan-Chama project'' after ``Rio
        Grande system''; and
            (3) by striking ``, in lieu of the water storage authorized by
        section 5 of Public Law 97-140, to the extent that contracting
        entities under section 5 of Public Law 97-140 no longer require
        such storage''.
        (c) Water Storage.--The Secretary shall--
            (1) store up to elevation 6230.00 NGVD29 at Abiquiu Dam, New
        Mexico, to the extent that the necessary real property interests
        have been acquired by any entity requesting such storage; and
            (2) amend the March 20, 1986, contract between the United
        States of America and the Albuquerque Bernalillo County Water
        Utility Authority (assigned by the City of Albuquerque, New Mexico
        to the Albuquerque Bernalillo County Water Utility Authority) for
        water storage space in Abiquiu Reservoir to allow for storage by
        the Albuquerque Bernalillo County Water Utility Authority of San
        Juan-Chama project water or native Rio Grande system water up to
        elevation 6230.00 NGVD29.
        (d) Storage Agreements With Users Other Than the Albuquerque
    Bernalillo County Water Utility Authority.--The Secretary shall--
            (1) retain or enter into new agreements with entities for a
        proportionate allocation of 29,100 acre-feet of storage space
        pursuant to section 5 of Public Law 97-140; and
            (2) amend or enter into new storage agreements for storage of
        San Juan-Chama project water or native Rio Grande system water up
        to the space allocated for each entity's proportionate share of San
        Juan-Chama water.
        (e) Operations Documents.--The Secretary shall amend or revise any
    existing operations documents, including the Water Control Manual or
    operations plan for Abiquiu Reservoir, as necessary to meet the
    requirements of this section.
        (f) Limitations.--In carrying out this section, the following
    limitations shall apply:
            (1) The storage of native Rio Grande system water shall be
        subject to the provisions of the Rio Grande Compact and the
        resolutions of the Rio Grande Compact Commission.
            (2) The storage of native Rio Grande system water shall only be
        authorized to the extent that the necessary water ownership and
        storage rights have been acquired by the entity requesting such
        storage.
            (3) The storage of native Rio Grande system water or San-Juan
        Chama project water shall not interfere with the authorized
        purposes of the Abiquiu Dam and Reservoir project.
            (4) Each user of storage space, regardless of source of water,
        shall pay for any increase in costs attributable to storage of that
        user's water.
        SEC. 338. FLUSHING BAY AND CREEK FEDERAL NAVIGATION CHANNEL, NEW
          YORK.
        (a) In General.--The portion of the project for navigation,
    Flushing Bay and Creek, New York, authorized by the first section of
    the Act of March 3, 1905 (chapter 1482, 33 Stat. 1120; 52 Stat. 803; 76
    Stat. 1174), described in subsection (b) is no longer authorized
    beginning on the date of enactment of this Act.
        (b) Portion Described.--The portion referred to in subsection (a)
    is the portion from river mile 2.5 to river mile 2.9, as bounded by--
            (1) the coordinates of--
                (A) Latitude North 40 45' 45.61'' Longitude West 73 50'
            20.19'';
                (B) Latitude North 40 45' 47.02'' Longitude West 73 50'
            10.80'';
                (C) Latitude North 40 45' 26.71'' Longitude West 73 50'
            10.85''; and
                (D) Latitude North 40 45' 26.72'' Longitude West 73 50'
            10.96''; and
            (2) the New York Long Island State Plane (US Survey Feet, NAD-
        83), as follows:
                (A) Easting x1028866.501 Northing y217179.294;
                (B) Easting x1029588.853 Northing y217322.675;
                (C) Easting x1029588.853 Northing y215267.486; and
                (D) Easting x1028964.587 Northing y215267.486.
        SEC. 339. RUSH RIVER AND LOWER BRANCH RUSH RIVER, NORTH DAKOTA.
        (a) In General.--The portion of the comprehensive plan for flood
    control and other purposes in the Red River of the North drainage
    basin, North Dakota, South Dakota, and Minnesota, authorized by section
    203 of the Flood Control Act of 1948 (62 Stat. 1177; 64 Stat. 176),
    consisting of clearing and rectification of the channel from mile 28.3
    near Amenia to the mouth of the Rush River, known as Cass County Drain
    No. 12, is no longer authorized beginning on the date of enactment of
    this Act.
        (b) Lower Branch Rush River.--The project for flood control, Lower
    Branch Rush River, North Dakota, carried out under section 205 of the
    Flood Control Act of 1948 (33 U.S.C. 701s), known as Cass County Drain
    No. 2, is no longer authorized beginning on the date of enactment of
    this Act.
        SEC. 340. PAWCATUCK RIVER, LITTLE NARRAGANSETT BAY AND WATCH HILL
          COVE, RHODE ISLAND AND CONNECTICUT.
        Beginning on the date of enactment of this Act, that portion of the
    project for navigation, Pawcatuck River, Little Narragansett Bay and
    Watch Hill Cove, Rhode Island and Connecticut, authorized by section 2
    of the Act of March 2, 1945 (chapter 19, 59 Stat. 13), consisting of a
    10-foot-deep, 16-acre anchorage area in Watch Hill Cove is no longer
    authorized.
        SEC. 341. HARRIS COUNTY, TEXAS.
        Section 575 of the Water Resources Development Act of 1996 (110
    Stat. 3789; 113 Stat. 311; 121 Stat. 1253) is repealed.
        SEC. 342. CAP SANTE WATERWAY, WASHINGTON.
        Beginning on the date of enactment of this Act, the project for
    navigation, Cap Sante Waterway and Navigation Channel, Skagit County,
    Washington, authorized by the Act of March 2, 1919 (chapter 95, 40
    Stat. 1285), is modified to deauthorize the portion of the project
    consisting of an approximately 334,434-foot area of the Federal channel
    within Anacortes Harbor inside and directly adjacent to the Federal
    breakwater and training wall structure, starting at a point with
    coordinates N557015.552, E1210819.619, thence running S88 13'2.06''E
    approximately 200 feet to a point with coordinates N557009.330,
    E1211019.522, thence running S01 46'58.08''W approximately 578 feet to
    a point with coordinates N556431.405, E1211001.534, thence running S49
    49'50.23''W approximately 69 feet to a point with coordinates
    N556387.076, E1210949.002, thence running S51 53'0.25''E approximately
    35 feet to a point with coordinates N556365.662, E1210976.316, thence
    running S49 38'58.48''W approximately 112 feet to a point with
    coordinates N556292.989, E1210890.775, thence running N88 13'1.87''W
    approximately 109 feet to a point with coordinates N556296.367,
    E1210782.226, thence running S46 46'58.97''W approximately 141 feet to
    a point with coordinates N556199.527, E1210679.164, thence running N88
    13'1.77''W approximately 700 feet to a point with coordinates
    N556221.305, E1209979.502, thence running N01 46'58.08''E approximately
    250 feet to a point with coordinates N556471.184, E1209987.280, thence
    running S88 13'1.77''E approximately 815 feet to a point with
    coordinates N556445.828, E1210801.886, thence running N01 46'58.08''E
    approximately 570 feet to the point of origin.
        SEC. 343. LOCAL GOVERNMENT RESERVOIR PERMIT REVIEW.
        Section 1119(b) of the Water Resources Development Act of 2018 (33
    U.S.C. 2347 note) is amended by striking ``owned or operated by the
    Secretary''.
        SEC. 344. PROJECT MODIFICATIONS FOR IMPROVEMENT OF ENVIRONMENT.
        Section 1203(g) of the Water Resources Development Act of 2018 (132
    Stat. 3805) is amended, in the matter preceding paragraph (1), by
    striking ``For fiscal years 2019 and 2020'' and inserting ``Until
    September 30, 2024''.
        SEC. 345. AQUATIC ECOSYSTEM RESTORATION.
        For fiscal years 2021 through 2024, in carrying out section 206 of
    the Water Resources Development Act of 1996 (33 U.S.C. 2330), the
    Secretary shall give priority to a project to restore and protect an
    aquatic ecosystem or estuary that--
            (1) is located in the South Platte River Basin;
            (2) is located on a body of water that is identified by the
        applicable State pursuant to section 303(d) of the Federal Water
        Pollution Control Act (33 U.S.C. 1313(d)) as being impaired;
            (3) has the potential to provide flood risk management and
        recreational benefits in addition to ecosystem restoration
        benefits; and
            (4) is located in a city with a population of 80,000 or less.
        SEC. 346. SURPLUS WATER CONTRACTS AND WATER STORAGE AGREEMENTS.
        Section 1046(c)(3) of the Water Resources Reform and Development
    Act of 2014 (128 Stat. 1254; 132 Stat. 3784) is amended by striking
    ``12'' and inserting ``16''.
        SEC. 347. NO WAKE ZONES IN NAVIGATION CHANNELS.
        Section 1149 of the Water Resources Development Act of 2016 (33
    U.S.C. 1223 note) amended--
            (1) by striking ``recreational'' in each place it appears and
        inserting ``covered''; and
            (2) by amending subsection (c) to read as follows:
        ``(c) Definitions.--In this section:
            ``(1) Covered navigation channel.--The term `covered navigation
        channel' means a navigation channel that--
                ``(A) is federally marked or maintained;
                ``(B) is part of the Atlantic Intracoastal Waterway; and
                ``(C) is adjacent to a marina.
            ``(2) Covered vessel.--The term `covered vessel' means a
        recreational vessel or an uninspected passenger vessel, as such
        terms are defined in section 2101 of title 46, United States
        Code.''.
        SEC. 348. LIMITATION ON CONTRACT EXECUTION IN THE ARKANSAS RIVER
          BASIN.
        (a) Definition of Covered Contract.--In this section, the term
    ``covered contract'' means a contract between any local governmental
    entity and the Secretary for water supply storage in a Federal or non-
    Federal hydropower lake within the Arkansas River Basin.
        (b) Limitation.--For any new covered contract for a hydropower lake
    that is entered into during the period beginning on the date of
    enactment of this Act and ending on December 31, 2022, a local
    governmental entity shall not pay more than 110 percent of the initial
    principal cost for the acre-feet being sought for the new covered
    contract for that hydropower lake.
        SEC. 349. WAIVER OF NON-FEDERAL SHARE OF DAMAGES RELATED TO CERTAIN
          CONTRACT CLAIMS.
        In a case in which the Armed Services Board of Contract Appeals or
    other court of competent jurisdiction has rendered a decision during
    the period beginning on December 1, 2017, and ending on December 31,
    2022, awarding damages to a contractor relating to the adjudication of
    claims arising from the construction of an authorized water resources
    development project, notwithstanding the terms of the Project
    Partnership Agreement, the Secretary shall waive payment of the share
    of the non-Federal interest of those damages, including attorney's
    fees, if--
            (1)(A) the contracting officer was instructed by the Corps of
        Engineers to modify the terms of the contract or terminate the
        contract; and
            (B) the Armed Services Board of Contract Appeals or other court
        of competent jurisdiction determined that the failure of the
        contracting officer to timely take the action described in
        subparagraph (A) was a material breach of the contract that
        resulted in damages to the contractor awarded by the Armed Services
        Board of Contract Appeals or the court, as applicable; or
            (2) the claims arose from construction of a project
        deauthorized under this title.
        SEC. 350. REDUCED PRICING FOR CERTAIN WATER SUPPLY STORAGE.
        Section 322 of the Water Resources Development Act of 1990 (33
    U.S.C. 2324) is amended--
            (1) in subsection (b), by striking ``2,000,000'' and inserting
        ``3,000,000''; and
            (2) in subsection (g)--
                (A) by striking the period at the end and inserting ``;
            or'';
                (B) by striking ``means a community'' and inserting the
            following: ``means--
            ``(1) a community''; and
                (C) by adding at the end the following:
            ``(2) a regional water system that serves a population of less
        than 100,000, for which the per capita income is less than the per
        capita income of not less than 50 percent of the counties in the
        United States.''.
        SEC. 351. FLOOD CONTROL AND OTHER PURPOSES.
        Section 103(k) of the Water Resources Development Act of 1986 (33
    U.S.C. 2213) is amended--
            (1) by striking ``Except as'' and inserting the following:
            ``(1) In general.--Except as''; and
            (2) by adding at the end the following:
            ``(2) Renegotiation of terms.--
                ``(A) In general.--At the request of a non-Federal
            interest, the Secretary and the non-Federal interest may
            renegotiate the terms and conditions of an eligible deferred
            payment, including--
                    ``(i) permitting the non-Federal contribution to be
                made without interest, pursuant to paragraph (1);
                    ``(ii) recalculation of the interest rate;
                    ``(iii) full or partial forgiveness of interest accrued
                during the period of construction; and
                    ``(iv) a credit against construction interest for a
                non-Federal investment that benefits the completion or
                performance of the project or separable element.
                ``(B) Eligible deferred payment.--An eligible deferred
            payment agreement under subparagraph (A) is an agreement for
            which--
                    ``(i) the non-Federal contribution was made with
                interest;
                    ``(ii) the period of project construction exceeds 10
                years from the execution of a project partnership agreement
                or appropriation of funds; and
                    ``(iii) the construction interest exceeds $45,000,000.
            ``(3) Credit for non-federal contribution.--
                ``(A) In general.--The Secretary is authorized to credit
            any costs incurred by the non-Federal interest (including in-
            kind contributions) to remedy a design or construction
            deficiency of a covered project or separable element toward the
            non-Federal share of the cost of the covered project, if the
            Secretary determines the remedy to be integral to the
            completion or performance of the covered project.
                ``(B) Credit of costs.--If the non-Federal interest incurs
            costs or in-kind contributions for a project to remedy a design
            or construction deficiency of a project or separable element
            which has a 100 percent Federal cost share, and the Secretary
            determines the remedy to be integral to the completion or
            performance of the project, the Secretary is authorized to
            credit such costs to any interest accrued on a deferred non-
            Federal contribution.
            ``(4) Treatment of pre-payment.--Notwithstanding a deferred
        payment agreement with a non-Federal interest, the Secretary shall
        accept, without interest of any type, the repayment of a non-
        Federal contribution for any eligible deferred payment described in
        paragraph (2)(B) for which--
                ``(A) the non-Federal interest makes a payment of at least
            $200 million for that eligible deferred payment agreement on or
            before September 30, 2021; and
                ``(B) the non-Federal interest repays the remaining
            principal by September 30, 2023.''.
        SEC. 352. ADDITIONAL ASSISTANCE FOR CRITICAL PROJECTS.
        (a) Consistency With Reports.--Congress finds that the project
    modifications described in this section are in accordance with the
    reports submitted to Congress by the Secretary under section 7001 of
    the Water Resources Reform and Development Act of 2014 (33 U.S.C.
    2282d), titled ``Report to Congress on Future Water Resources
    Development'', or have otherwise been reviewed by Congress.
        (b) Modifications.--
            (1) Sacramento area, california.--Section 219(f)(23) of the
        Water Resources Development Act of 1992 (106 Stat. 4835; 113 Stat.
        336; 117 Stat. 1840) is amended to read as follows:
            ``(23) Sacramento area, california.-- $45,000,000 for regional
        water conservation, recycling, reliability, and resiliency projects
        in Placer, El Dorado, and Sacramento Counties and the San Juan
        Suburban Water District, California.''.
            (2) South perris, california.--Section 219(f)(52) of the Water
        Resources Development Act of 1992 (106 Stat. 4835; 113 Stat. 336;
        114 Stat. 2763A-220) is amended by striking `` $25,000,000'' and
        inserting `` $50,000,000''.
            (3) Madison and st. clair counties, illinois.--Section
        219(f)(55) of the Water Resources Development Act of 1992 (106
        Stat. 4835; 113 Stat. 335; 114 Stat. 2763A-221) is amended by
        striking `` $10,000,000'' and inserting `` $45,000,000''.
            (4) Southern and eastern kentucky.--Section 531 of the Water
        Resources Development Act of 1996 (110 Stat. 3773; 113 Stat. 348;
        117 Stat. 142; 121 Stat. 1226) is amended--
                (A) in subsection (g), by inserting ``Boyd, Carter,
            Elliott, Lincoln,'' after ``Lee,''; and
                (B) in subsection (h), by striking `` $40,000,000'' and
            inserting `` $100,000,000''.
            (5) Desoto county, mississippi.--Section 219(f)(30) of the
        Water Resources Development Act of 1992 (106 Stat. 4835; 113 Stat.
        336; 114 Stat. 2763A-220; 119 Stat. 282; 119 Stat. 2257; 122 Stat.
        1623) is amended by striking `` $75,000,000'' and inserting ``
        $130,000,000''.
            (6) Jackson county, mississippi.--Section 219 of the Water
        Resources Development Act of 1992 (106 Stat. 4835; 110 Stat. 3757;
        113 Stat. 1494; 121 Stat. 1258) is amended--
                (A) in subsection (c)(5), by striking ``water supply and''
            and inserting ``water supply, projects for stormwater and
            drainage systems, and''; and
                (B) in subsection (e)(1), by striking `` $32,500,000'' and
            inserting `` $57,500,000''.
            (7) St. louis, missouri.--Section 219(f)(32) of the Water
        Resources Development Act of 1992 (106 Stat. 4835; 113 Stat. 337;
        121 Stat. 1233) is amended by striking `` $35,000,000'' and
        inserting `` $70,000,000''.
            (8) Midwest city, oklahoma.--Section 219(f)(231) of the Water
        Resources Development Act of 1992 (106 Stat. 4835; 113 Stat. 336;
        121 Stat. 1266) is amended by striking `` $2,000,000'' and
        inserting `` $5,000,000''.
            (9) South central pennsylvania.--Section 313 of the Water
        Resources Development Act of 1992 (106 Stat. 4845; 109 Stat. 407;
        110 Stat. 3723; 113 Stat. 310; 117 Stat. 142; 121 Stat. 1146) is
        amended--
                (A) in subsection (g)(1), by striking `` $200,000,000'' and
            inserting `` $400,000,000''; and
                (B) in subsection (h)(2), by inserting ``Beaver,
            Jefferson,'' after ``Washington,''.
            (10) Lakes marion and moultrie, south carolina.--Section
        219(f)(25) of the Water Resources Development Act of 1992 (106
        Stat. 4835; 113 Stat. 336; 114 Stat. 2763A-220; 117 Stat. 1838; 130
        Stat. 1677; 132 Stat. 3818) is amended by striking `` $89,550,000''
        and inserting `` $110,000,000''.
            (11) El paso county, texas.--Section 219(f)(269) of the Water
        Resources Development Act of 1992 (106 Stat. 4835; 113 Stat. 336;
        121 Stat. 1268) is amended by striking `` $25,000,000'' and
        inserting `` $75,000,000''.
            (12) Western rural water.--Section 595 of the Water Resources
        Development Act of 1999 (113 Stat. 383; 117 Stat. 139; 117 Stat.
        142; 117 Stat. 1836; 118 Stat. 440; 121 Stat. 1219; 123 Stat. 2851;
        128 Stat. 1316; 130 Stat. 1681) is amended--
                (A) by striking the section heading and inserting ``western
            rural water.'';
                (B) in subsection (b), by inserting ``Arizona,'' before
            ``rural Idaho'';
                (C) in subsection (c), by inserting ``Arizona,'' before
            ``Idaho''; and
                (D) in subsection (i), by striking ``for the period
            beginning with fiscal year 2001, $435,000,000, to remain
            available until expended.'' and inserting the following: ``, to
            remain available until expended--
            ``(1) for the period beginning with fiscal year 2001,
        $435,000,000 for Idaho, Montana, rural Nevada, New Mexico, rural
        Utah, and Wyoming; and
            ``(2) $150,000,000 for Arizona.''.
            (13) Central west virginia.--Section 571(h) of the Water
        Resources Development Act of 1999 (113 Stat. 371; 121 Stat. 1257)
        is amended by striking `` $20,000,000'' and inserting ``
        $100,000,000''.
            (14) Southern west virginia.--Section 340(g) of the Water
        Resources Development Act of 1992 (106 Stat. 4856; 110 Stat. 3727;
        113 Stat. 320) is amended by striking `` $40,000,000'' and
        inserting `` $120,000,000''.
        (c) Lowell Creek Tunnel, Seward, Alaska.--Section 5032(a)(2) of the
    Water Resources Development Act of 2007 (Public Law 110-114, 121 Stat.
    1205) is amended by striking ``15'' and inserting ``20''.
        (d) Cape Arundel Disposal Site, Maine.--Section 1312 of the Water
    Resources Development Act of 2018 (132 Stat. 3821) is amended by
    striking ``December 31, 2021'' and inserting ``September 30, 2024''.
        SEC. 353. PROJECT MODIFICATION AUTHORIZATIONS.
        (a) Water Supply.--The following project modifications for water
    supply, as identified in the report entitled ``Report to Congress on
    Future Water Resources Development'' dated February 2019, and submitted
    to Congress on June 3, 2019, pursuant to section 7001 of the Water
    Resources Reform and Development Act of 2014 (33 U.S.C. 2282d) or
    otherwise reviewed by Congress, are authorized to be carried out by the
    Secretary substantially in accordance with the recommendations included
    in such report pursuant to section 301(c) of the Water Supply Act of
    1958 (43 U.S.C. 390b(c)) and as follows:
            (1) Clarence cannon dam and mark twain lake project, salt
        river, missouri.--
                (A) In general.--The project for Clarence Cannon Dam and
            Mark Twain Lake Project, Salt River, Missouri, authorized by
            section 203 of the Flood Control Act of 1962 (76 Stat. 1189; 79
            Stat. 1089; 95 Stat. 1684), is modified to release 5,600 acre-
            feet of future use water supply storage to the Federal
            Government under water supply contract No. DACW43-88-C-0036,
            and future financial obligations for such volume of storage.
                (B) Relief of certain obligations.--Upon execution of the
            amendment required by subparagraph (C), the State of Missouri
            shall be relieved of the obligation to pay the percentage of
            the annual operation and maintenance expense, the percentage of
            major replacement cost, and the percentage of major
            rehabilitation costs, of the joint use facilities of the
            project described in subparagraph (A), that are attributable to
            water supply storage space not being used by the State during
            the period before the State commences use of the storage space.
                (C) Amendment to contract.--The Secretary shall amend Water
            Supply Contract No. DACW43-88-C-0036, dated March 10, 1988,
            between the United States and the State of Missouri, to
            implement the modifications required under subparagraphs (A)
            and (B).
            (2) City of plattsburg.--
                (A) In general.--The project for Smithville Lake, Missouri,
            authorized pursuant to section 204 of the Flood Control Act of
            1965 (79 Stat. 1080), is modified to release the City of
            Plattsburg, Missouri, from--
                    (i) 8,850 acre-feet of future water supply storage
                contracts; and
                    (ii) future financial obligations for the volume of
                storage described in clause (i).
                (B) Amendment to contract.--The Secretary shall amend water
            supply contract No. DACW41-73-C-0008, between the United States
            and the State of Missouri, to implement the modifications under
            subparagraph (A).
            (3) City of smithville.--
                (A) In general.--The project for Smithville Lake, Missouri,
            authorized pursuant to section 204 of the Flood Control Act of
            1965 (79 Stat. 1080), is modified to release the City of
            Smithville, Missouri, from--
                    (i) 6,000 acre-feet of future water supply storage
                contracts; and
                    (ii) future financial obligations for the volume of
                storage described in clause (i).
                (B) Amendment to contract.--The Secretary shall amend water
            supply contract No. DACW-41-73-C-0007, between the United
            States and the State of Missouri, to implement the
            modifications under subparagraph (A).
        (b) Flood Risk Management.--The following project modifications for
    flood risk management, as identified in a report entitled ``Report to
    Congress on Future Water Resources Development'', and submitted to
    Congress pursuant to section 7001 of the Water Resources Reform and
    Development Act of 2014 (33 U.S.C. 2282d) or otherwise reviewed by
    Congress, are authorized to be carried out by the Secretary:
            (1) Modification of the project for flood risk management,
        lower Mississippi River, authorized by the Act of May 15, 1928
        (chapter 569, 45 Stat. 534), to incorporate the Wolf River
        Backwater and Nonconnah Creek levee systems into the project,
        authorized by section 5 of the Act of June 22, 1936 (chapter 688,
        49 Stat. 1575; 50 Stat. 881), subject to the determination of the
        Secretary that such systems meet all requirements applicable to
        such project.
            (2) Modification of the project for flood risk management, Red
        River below Denison Dam, Arkansas, Louisiana, and Texas, authorized
        by the Act of June 28, 1938 (chapter 795, 52 Stat. 1219), to
        incorporate the Cherokee Park Levee into the project, subject to
        the determination of the Secretary that such levee meets all
        requirements applicable to such project.
        SEC. 354. COMPLETION OF MAINTENANCE AND REPAIR ACTIVITIES.
        (a) Expedited Completions.--
            (1) Upper snake river basin.--The Secretary shall expedite, in
        coordination with State, Tribal, and local authorities, the
        completion of maintenance and repair activities for those elements
        of the levee systems in the Upper Snake River Basin, authorized
        pursuant to the Flood Control Act of 1950 (64 Stat. 179), that are
        operated and maintained by the Secretary.
            (2) Lower missouri river basin.--The Secretary shall expedite,
        in coordination with State and local authorities and stakeholders,
        the completion of maintenance and repair activities for those
        elements of the levee systems in the Lower Missouri River Basin,
        authorized pursuant to the Pick-Sloan Missouri River Basin Program
        (authorized by section 9(b) of the Act of December 22, 1944
        (chapter 665, 58 Stat. 891)) or the Missouri River Bank
        Stabilization and Navigation project (authorized by section 2 of
        the Act of March 2, 1945 (chapter 19, 59 Stat. 19)), that are
        operated and maintained by the Secretary.
            (3) Coos bay north jetty system, oregon.--The Secretary shall
        expedite, in coordination with State and local authorities and
        stakeholders, the completion of maintenance and repair activities
        for those elements of the Coos Bay North Jetty system, Oregon,
        authorized by the first section of the Act of January 21, 1927
        (chapter 47, 44 Stat. 1014), that are operated and maintained by
        the Secretary.
            (4) Indian river inlet and bay, delaware.--The Secretary shall
        expedite, in coordination with State and local authorities, the
        completion of maintenance and repair activities for the elements of
        the project for navigation, Indian River Inlet and Bay, Delaware,
        authorized by the Act of August 26, 1937 (chapter 832, 50 Stat.
        846), that are operated and maintained by the Secretary.
        (b) Savings Provision.--Nothing in this section affects the
    responsibility of the Secretary to comply with the requirements of any
    Federal law in carrying out the activities required to be expedited by
    this section.
        SEC. 355. PROJECT REAUTHORIZATIONS.
        (a) In General.--
            (1) Muddy river, massachusetts.--The separable elements for
        ecosystem restoration of the project for flood damage reduction and
        environmental restoration, Muddy River, Brookline and Boston,
        Massachusetts, authorized by section 522 of the Water Resources
        Development Act of 2000 (114 Stat. 2656), and deauthorized pursuant
        to section 6001 of the Water Resources Reform and Development Act
        of 2014 (128 Stat. 1345), are authorized to be carried out by the
        Secretary, subject to subsection (b).
            (2) East chester creek, new york.--Notwithstanding section 1001
        of the Water Resources Development Act of 1986 (33 U.S.C. 579a),
        the project for navigation, East Chester Creek, New York,
        authorized by section 101 of the River and Harbor Act of 1950 (64
        Stat. 164; 100 Stat. 4181), and deauthorized pursuant to section
        1001 of the Water Resources Development Act of 1986 (33 U.S.C.
        579(a)), is authorized to be carried out by the Secretary, subject
        to subsection (b).
            (3) Christiansted harbor, united states virgin islands.--
        Notwithstanding section 1002 of the Water Resources Development Act
        of 1986 (100 Stat. 4221), the portion of the project for
        navigation, Christiansted Harbor, St. Croix, United States Virgin
        Islands, authorized by section 101 of the River and Harbor Act of
        1950 (64 Stat. 167), and deauthorized under section 1002 of the
        Water Resources Development Act of 1986 (100 Stat. 4221), is
        authorized to be carried out by the Secretary, subject to
        subsection (b).
            (4) Charlotte amalie (st. thomas) harbor, united states virgin
        islands.--Notwithstanding section 1002 of the Water Resources
        Development Act of 1986 (100 Stat. 4221), the portion of the
        project for navigation, Charlotte Amalie (St. Thomas) Harbor, St.
        Thomas, United States Virgin Islands, authorized by the Act of
        August 26, 1937 (chapter 832, 50 Stat. 850), and deauthorized under
        section 1002 of the Water Resources Development Act of 1986 (100
        Stat. 4221), is authorized to be carried out by the Secretary,
        subject to subsection (b).
        (b) Report to Congress.--The Secretary shall complete and submit to
    the Committee on Transportation and Infrastructure of the House of
    Representatives and the Committee on Environment and Public Works of
    the Senate a post-authorization change report (as such term is defined
    in section 1132(d) of the Water Resources Development Act of 2016 (33
    U.S.C. 2282e(d)) prior to carrying out a project identified in
    subsection (a).
        SEC. 356. CONVEYANCES.
        (a) Generally Applicable Provisions.--
            (1) Survey to obtain legal description.--The exact acreage and
        the legal description of any real property to be conveyed under
        this section shall be determined by a survey that is satisfactory
        to the Secretary.
            (2) Applicability of property screening provisions.--Section
        2696 of title 10, United States Code, shall not apply to any
        conveyance under this section.
            (3) Costs of conveyance.--An entity to which a conveyance is
        made under this section shall be responsible for all reasonable and
        necessary costs, including real estate transaction and
        environmental documentation costs, associated with the conveyance.
            (4) Liability.--An entity to which a conveyance is made under
        this section shall hold the United States harmless from any
        liability with respect to activities carried out, on or after the
        date of the conveyance, on the real property conveyed. The United
        States shall remain responsible for any liability with respect to
        activities carried out, before such date, on the real property
        conveyed.
            (5) Additional terms and conditions.--The Secretary may require
        that any conveyance under this section be subject to such
        additional terms and conditions as the Secretary considers
        necessary and appropriate to protect the interests of the United
        States.
        (b) Eufaula, Alabama.--
            (1) Conveyance authorized.--The Secretary shall convey to the
        City of Eufaula, Alabama, all right, title, and interest of the
        United States in and to the real property described in the
        Department of the Army Lease No. DACW01-2-17-0747, containing 56.76
        acres, more or less, and being a part of Tracts L-1268 (26.12
        acres), L-1273 (13.71 acres), L-1278 (6.75 acres), and L1279 (10.36
        acres) of the Walter F. George Lock and Dam and Lake project.
            (2) Deed.--The Secretary shall convey the property under this
        subsection by quitclaim deed under such terms and conditions as the
        Secretary determines appropriate to protect the interests of the
        United States.
            (3) Consideration.--The City of Eufaula, Alabama, shall pay to
        the Secretary an amount that is not less than the fair market value
        of the property conveyed under this subsection, as determined by
        the Secretary.
        (c) Montgomery, Alabama.--
            (1) Conveyance authorized.--The Secretary shall convey to the
        City of Montgomery, Alabama, all right, title, and interest of the
        United States in and to the real property described in paragraph
        (2).
            (2) Property.--The property to be conveyed is the 62.38 acres
        of land and water under the primary jurisdiction of the Secretary
        in the R.E. ``Bob'' Woodruff Project Area that is covered by lease
        number DACW01-1-05-0037, including the parcels and structure known
        as ``Powder Magazine''.
            (3) Deadline.--To the extent practicable, the Secretary shall
        complete the conveyance under this subsection by not later than 180
        days after the date of enactment of this Act.
            (4) Deed.--The Secretary shall convey the property under this
        subsection by quitclaim deed under such terms and conditions as the
        Secretary determines appropriate to protect the interests of the
        United States, to include retaining the right to inundate with
        water any land transferred under this subsection.
            (5) Consideration.--The City of Montgomery, Alabama, shall pay
        to the Secretary an amount that is not less than the fair market
        value of the property conveyed under this subsection, as determined
        by the Secretary.
        (d) Conveyance of Wilmington Harbor North Disposal Area,
    Delaware.--
            (1) In general.--As soon as practicable, the Secretary shall
        complete the conveyance of the Wilmington Harbor North Disposal
        Area confined disposal facility, Delaware, to the State of
        Delaware.
            (2) Deed.--The Secretary shall convey the property under this
        subsection by quitclaim deed under such terms and conditions as the
        Secretary determines appropriate to protect the interests of the
        United States.
            (3) Consideration.--The State of Delaware shall pay to the
        Secretary an amount that is not less than the fair market value of
        the property conveyed under this subsection, as determined by the
        Secretary.
        (e) Ohio River Lock and Dam Number 52, Massac County, Illinois.--
            (1) Conveyance authorized.--The Secretary shall convey to the
        Massac-Metropolis Port District, Illinois, all right, title, and
        interest of the United States in and to any real property located
        north of the south bank of the Ohio River in Massac County,
        Illinois, that is associated with the Ohio River Lock and Dam 52.
            (2) Deed.--The Secretary shall convey the property under this
        subsection by quitclaim deed under such terms and conditions as the
        Secretary determines appropriate to protect the interests of the
        United States.
            (3) Consideration.--The Massac-Metropolis Port District,
        Illinois, shall pay to the Secretary an amount that is not less
        than fair market value of the property conveyed under this
        subsection, as determined by the Secretary.
        (f) Upper St. Anthony Falls Lock and Dam, Minneapolis, Minnesota.--
            (1) Conveyance authorized.--As soon as practicable after the
        date of enactment of this Act, the Secretary shall, upon request--
                (A) convey, without consideration, to the City of
            Minneapolis, Minnesota, or its designee, all or substantially
            all of the real property owned by the United States adjacent to
            or in the vicinity of the Upper St. Anthony Falls Lock and Dam,
            subject to the right of the Secretary to retain any easements
            in such property solely to the extent necessary to continue to
            operate and maintain the Upper St. Anthony Falls Lock and Dam;
            and
                (B) provide, without consideration, to the City or its
            designee--
                    (i) access and use rights by license, easement, or
                similar agreement, to any real property and structures at
                the site of the Upper St. Anthony Falls Lock and Dam that
                is not conveyed under subparagraph (A); and
                    (ii) for any such property retained by the Secretary,
                exclusive license or easement over such property to allow
                the City or its designee to construct, use, and operate
                amenities thereon, and to utilize such property as a
                comprehensive recreational, touristic, and interpretive
                experience.
            (2) Ownership and operation of lock and dam.--Ownership rights
        to the Upper St. Anthony Falls Lock and Dam shall not be conveyed
        under this subsection, and the Secretary shall retain all rights to
        operate and maintain the Upper St. Anthony Falls Lock and Dam.
            (3) Reversion.--If the Secretary determines that the property
        conveyed under this subsection is not used for a public purpose,
        all right, title, and interest in and to the property shall revert,
        at the discretion of the Secretary, to the United States.
            (4) Upper st. anthony falls lock and dam defined.--In this
        subsection, the term ``Upper St. Anthony Falls Lock and Dam'' means
        the lock and dam located on Mississippi River Mile 853.9 in
        Minneapolis, Minnesota.
        (g) Clinton, Missouri.--
            (1) Conveyance authorized.--The Secretary shall convey to the
        City of Clinton, Missouri, without consideration, all right, title,
        and interest of the United States in and to the real property
        described in paragraph (2).
            (2) Property.--The property to be conveyed is a tract of land
        situated in the S \1/2\ of Section 12 and the N \1/2\ of Section
        13, Township 41 North, Range 26 West of the Fifth Principal
        Meridian, Henry County, Missouri, more particularly described as
        follows: Beginning at the point of intersection of the north line
        of said S \1/2\ of Section 12 and the easterly right-of-way of
        State Highway No. 13; thence easterly along the north line of said
        S \1/2\ to the northeast corner of the W \1/2\ NW \1/4\ NE \1/4\ SW
        \1/4\ of said Section 12; thence southerly along the east line of
        said W \1/2\ NW \1/4\ NE \1/4\ SW \1/4\ to the southeast corner
        thereof; thence easterly along the north line of the S \1/2\ NE \1/
        4\ SW \1/4\ of said Section 12 to the southwest corner of the W \1/
        2\ NW \1/4\ NW \1/4\ SE \1/4\ of said Section 12; thence in a
        northeasterly direction to the northeast corner of said W \1/2\ NW
        \1/4\ NW \1/4\ SE \1/4\ ; thence easterly along the north line of
        said S \1/2\ to the westerly right-of-way of the County Road;
        thence in a southeasterly and southerly direction along the
        westerly right-of-way of said County Road approximately 2500 feet
        to the center of Deer Creek; thence in a southwesterly direction
        along the center of said Deer Creek, approximately 3900 feet to the
        south line of said N \1/2\ of Section 13; thence westerly along the
        south line of said N \1/2\ to the easterly right-of-way line of the
        St. Louis-San Francisco Railroad; thence in a northwesterly
        direction along the easterly right-of-way of said railroad to the
        easterly right-of-way of said State Highway No. 13; thence in a
        northeasterly direction along the easterly right-of-way of said
        State Highway No. 13 to the point of the beginning; and including a
        roadway easement for ingress and egress, described as a strip of
        land 80 feet in width, lying 40 feet on each side of the following
        described line, the initial extremities of the following described
        strip being extended or reduced as required to exactly adjoin the
        boundary lines which they meet, situated in the S \1/2\ of Section
        12, Township 41 North Range 26 West of the Fifth Principal
        Meridian, Henry County, Missouri, more particularly described as
        follows: Commencing at the center of said Section 12, thence
        Sl24'56''W, 1265.52 feet to a point, thence N8829'02''W, 483.97
        feet to the point of beginning of the strip of land herein
        described; thence in a northeasterly direction along a curve to the
        right, said curve having an initial tangent bearing of N344'4l''E,
        a radius of 238.73 feet and an interior angle of 6129'26'', an arc
        distance of 256.21 feet to a point; thence N6514'07''E 218.58 feet
        to a point; thence in a northeasterly direction along a curve to
        the left, having a radius of 674.07 feet and an interior angle of
        3600'01'', an arc distance of 423.53 feet to a point; thence
        N2914'07''E, 417.87 feet to a point; thence northeasterly along a
        curve to the right, having a radius of 818.51 feet and an interior
        angle of 1430'01'', an arc distance of 207.15 feet to a point;
        thence N4344'07''E, 57.00 feet to the southerly right-of-way line
        of a county road, containing 2,948 acres, more or less; Excluding
        therefrom a tract of land situated in the S \1/2\ of said Section
        12, said Township and Range, described as commencing at the center
        of said Section 12; thence S124'56''W, 1265.52 feet to the point
        of beginning of the tract of land herein described; thence
        N8829'02''W, 1122.50 feet; thence S143'26''W, 872.62 feet; thence
        S8829'02''E, 1337.36 feet; thence Nl43'26''E, 872.62 feet; thence
        N8829'02''W, 214.86 feet to the point of beginning, containing
        26.79 acres, more or less. The above described tract contains, in
        the aggregate, 177.69 acres, more or less.
            (3) Deed.--The Secretary shall convey the property under this
        subsection by quitclaim deed under such terms and conditions as the
        Secretary determines appropriate to protect the interests of the
        United States.
            (4) Reversion.--If the Secretary determines that the property
        conveyed under this subsection is not being used for a public
        purpose, all right, title, and interest in and to the property
        shall revert, at the discretion of the Secretary, to the United
        States.
        (h) City of Clinton, Old Orchard Addition, Missouri.--
            (1) Conveyance authorized.--The Secretary shall convey to the
        City of Clinton, Missouri, all right, title, and interest of the
        United States in and to the real property described in paragraph
        (2).
            (2) Property.--The property to be conveyed is Lot 28 in Old
        Orchard Addition, a subdivision of the City of Clinton, Henry
        County, Missouri, containing 0.36 acres, more or less, including
        any improvements thereon.
            (3) Deed.--The Secretary shall convey the property under this
        subsection by quitclaim deed under such terms and conditions as the
        Secretary determines appropriate to protect the interests of the
        United States, including such reservations, terms, and conditions
        as the Secretary determines necessary to allow the United States to
        operate and maintain the Harry S. Truman Reservoir Project.
            (4) Consideration.--The City of Clinton, Missouri, shall pay to
        the Secretary an amount that is not less than the fair market value
        of the property conveyed under this subsection, as determined by
        the Secretary.
        (i) Tri-County Levee District, Missouri.--
            (1) Conveyance authorized.--The Secretary shall convey to the
        Tri-County Levee District, Missouri, all right, title, and interest
        of the United States in and to the real property described in
        paragraph (2).
            (2) Property.--The property to be conveyed is the part of
        Sections 1 and 12 Township 45 North Range 6 West of the 5th P.M. in
        Montgomery County, Missouri, described as follows: A tract of land
        being 60' wide and lying South and East of and adjoining the
        centerline of the existing levee and being described as follows:
        Commencing at the NW corner of Section 12, thence S 87 52' 35'' E
        587.4', thence S 01 29' 25'' W 453.68' to the point of the
        beginning; said point being in the center of the levee, thence with
        the centerline of the levee N 77 01' 30'' E 164.92', thence N 74
        26' 55'' E 250.0', thence N 72 27' 55'' E 270.0', thence N 69 06'
        10'' E 300.0', thence N 66 42' 15'' E 500.0', thence N 64 14'
        30'' E 270.0', thence N 61 09' 10'' E 800.0', thence N 60 58'
        15'' E 1724.45', thence leaving the centerline S 01 10' 35'' W
        69.43', thence parallel with the above described centerline S 60
        58' 15'' W 1689.62', thence S 61 09' 10'' W 801.71', thence S 64
        14' 30'' W 272.91', thence S 66 42' 15'' W 502.55', thence S 69
        06' 10'' W 303.02', thence S 72 27' 55'' W 272.8', thence S 74
        26' 55'' W 252.39', thence S 77 01' 30'' W 181.75', thence leaving
        the South side of the levee N 01 26' 25'' E 61.96' to the point of
        beginning and containing 5.89 acres more or less.
            (3) Deed.--The Secretary shall convey the property under this
        subsection by quitclaim deed under such terms and conditions as the
        Secretary determines appropriate to protect the interests of the
        United States.
            (4) Consideration.--The Tri-County Levee District, Missouri,
        shall pay to the Secretary an amount that is not less than the fair
        market value of the property conveyed under this subsection, as
        determined by the Secretary.
        (j) Judge Joseph Barker, Jr., House, Ohio.--
            (1) Non-federal entity.--In this subsection, the term ``non-
        Federal entity'' means the Friends of Joseph Barker, Jr., House, a
        nonprofit organization in the State of Ohio.
            (2) Conveyance authorized.--
                (A) In general.--Subject to paragraph (6), the Secretary
            shall convey to the non-Federal entity, without consideration,
            all right, title, and interest of the United States in and to
            the property described in paragraph (3)(A).
                (B) Easement.--Upon conveyance of the property under
            subparagraph (A), the Secretary shall provide to the non-
            Federal entity, without consideration, an easement over the
            property described in paragraph (3)(B) for access to the
            conveyed property for as long as the non-Federal entity is in
            legal possession of the conveyed property.
            (3) Descriptions of property.--
                (A) In general.--The property referred to in paragraph
            (2)(A) is the following (as in existence on the date of
            enactment of this Act):
                    (i) Judge joseph barker, jr., house.--The tract of land
                situated in the State of Ohio, Washington County, on the
                Ohio River, and being particularly bounded and described as
                follows: Beginning at a point located on the southern
                right-of-way line of Ohio Route 7, a new corner to the land
                now or formerly owned by the United States of America;
                thence, leaving the right-of-way of said Route 7 and
                severing the land of said United States of America parallel
                to and approximately 10 feet easterly of the toe of the
                existing dredge disposal berm, southeasterly approximately
                326 feet to a point prior to the current Corps of Engineers
                access to the dredging spoil area; thence, northeasterly
                approximately 480 feet paralleling the top of the slope to
                the riverbank side of the house and approximately 25 feet
                northerly therefrom; thence, northwest approximately 302
                feet to a point in the southern right-of-way of Ohio Route
                7; thence with the right-of-way of said Route 7,
                southwesterly approximately 485 feet to the point of
                beginning, containing approximately 3.51 acres.
                    (ii) Road tract.--The tract of land situated in the
                State of Ohio, Washington County, on the Ohio River, and
                being particularly bounded and described as follows:
                Beginning at a point located on the southern right-of-way
                line of Ohio Route 7, a new corner to the land now or
                formerly owned by the United States of America; thence,
                leaving the right-of-way of said Route 7 and severing the
                land of said United States of America and with the House
                Parcel southeasterly 25 feet; thence, northeast, running
                parallel to said Route 7 right-of-way, approximately 994
                feet to a point of deflection; thence northeasterly 368
                feet to a point beyond the existing fence corner; thence,
                east 140 feet to the edge of the existing Willow Island
                access road; thence with said access road, northwesterly
                approximately 62 feet to a point in the southern right-of-
                way of Ohio Route 7; thence with the right-of-way of said
                Route 7, southwesterly approximately 1,491 feet to the
                point of beginning, containing approximately 1 acre.
                (B) Easement.--The property referred to in paragraph (2)(B)
            is the following: The tract of land situated in the State of
            Ohio, Washington County, on the Ohio River, and being
            particularly bounded and described as follows: Beginning at a
            point at the intersection of the southern right-of-way of Ohio
            Route 7 and the northeast side of the existing Willow Island
            access road, a new corner to the land now or formerly owned by
            the United States of America; thence, southwest, running with
            said Route 7 right-of-way, approximately 30 feet to a point on
            the southwest side of the existing access road, and corner to
            the road tract; thence with said access road and the line of
            the road parcel, southeasterly approximately 62 feet to a
            point; thence leaving the road parcel and crossing the existing
            access road northeasterly approximately 30 feet to a point
            located on the northeast side of the existing access road;
            thence, northwesterly approximately 62 feet, to the point of
            beginning, containing approximately 0.04 acre.
            (4) Deed.--The Secretary shall convey the property under this
        subsection by quitclaim deed under such terms and conditions as the
        Secretary determines appropriate to protect the interests of the
        United States.
            (5) Reversion.--If the Secretary determines that the property
        conveyed under this subsection is not being used by the non-Federal
        entity for a public purpose, all right, title, and interest in and
        to the property shall revert, at the discretion of the Secretary,
        to the United States.
            (6) Requirements.--
                (A) Improvements; environmental assessment.--
                    (i) Improvements.--The Secretary shall make such
                improvements and alterations to the property described in
                paragraph (3)(A)(i) as the Secretary, in consultation with
                the non-Federal entity and relevant stakeholders,
                determines to be appropriate to facilitate conveyance of
                the property and provision of the easement under this
                subsection.
                    (ii) Environmental assessment.--Before making a
                conveyance under paragraph (2), the Secretary shall--

                        (I) conduct, with respect to the property to be
                    conveyed, an assessment of the environmental condition
                    of the property, including an investigation of any
                    potential hazardous, toxic, or radioactive waste
                    present on such property; and
                        (II) submit to the non-Federal entity a report
                    describing the results of such assessment.

                    (iii) Limitation.--The total cost of the activities
                carried out by the Secretary under this subparagraph shall
                be not more than $120,000.
                (B) Refusal by non-federal entity.--
                    (i) In general.--Upon review by the non-Federal entity
                of the report under subparagraph (A)(ii), the non-Federal
                entity may elect to refuse the conveyance under this
                subsection.
                    (ii) Election.--An election under clause (i)--

                        (I) shall be at the sole discretion of the non-
                    Federal entity; and
                        (II) shall be made by the non-Federal entity by not
                    later than the date that is 30 days after the date of
                    submission of the report under subparagraph
                    (A)(ii)(II).

                (C) Dredged material placement activities.--The Secretary
            shall--
                    (i) notify and coordinate with the non-Federal entity
                and relevant stakeholders before carrying out any dredged
                material placement activities associated with the property
                described in paragraph (3)(A) after the date on which such
                property is conveyed under this subsection; and
                    (ii) in carrying out a dredged material placement
                activity under clause (i), act in accordance with Engineer
                Manual EM 1110-2-5025 (or a subsequent version of that
                manual).
            (7) Reservation of rights.--The Secretary may reserve and
        retain from any conveyance under this subsection a right-of-way or
        any other right that the Secretary determines to be necessary for
        the operation and maintenance of the authorized Federal channel
        along the Ohio River.
            (8) Treatment.--Conveyance to the non-Federal entity under this
        subsection of property described in paragraph (3)(A)(i) shall
        satisfy all obligations of the Secretary with respect to such
        property under--
                (A) section 306101 of title 54, United States Code; and
                (B) section 306108 of title 54, United States Code, with
            respect to the effects on the property of dredged material
            placement activities carried out by the Secretary after the
            date of the conveyances.
            (9) Inapplicability.--Subtitle I of title 40, and chapter 4 of
        title 41, United States Code shall not apply to any conveyance or
        easement provided under this subsection.
        (k) Leaburg Fish Hatchery, Lane County, Oregon.--
            (1) Conveyance authorized.--Subject to the provisions of this
        subsection, the Secretary shall convey, without consideration, to
        the State of Oregon, acting through the Oregon Department of Fish
        and Wildlife, all right, title, and interest of the United States
        in and to the real property comprising the Leaburg Fish Hatchery,
        consisting of approximately 21.55 acres, identified as tracts Q-
        1500, Q-1501E, and 300E-1 and described in Department of the Army
        Lease No. DACW57-1-18-0009, together with any improvements on the
        property.
            (2) Water rights.--The Secretary may transfer to the State of
        Oregon, acting through the Oregon Department of Fish and Wildlife,
        any water rights held by the United States that are appurtenant to
        the property conveyed under this subsection.
            (3) Deed.--The Secretary shall convey the property under this
        subsection by quitclaim deed under such terms and conditions as the
        Secretary determines appropriate to protect the interests of the
        United States, including a condition that all of the property
        conveyed under this subsection be used and maintained by the State
        of Oregon for the purpose of operating a fish hatchery in
        perpetuity.
            (4) Reversion.--If the Secretary determines that the property
        conveyed under this subsection is not being used or maintained by
        the State of Oregon for the purpose of operating a fish hatchery in
        perpetuity, all or any portion of the property, including any water
        rights transferred under this subsection, shall, at the option of
        the Secretary, revert to the United States.
            (5) Savings clause.--If the State of Oregon does not accept the
        conveyance under this subsection, the Secretary may dispose of the
        property, including appurtenant water rights, under subchapter III
        of chapter 5 of title 40, United States Code.
        (l) Willamette Falls Locks, Willamette River, Oregon.--
            (1) Definitions.--In this section:
                (A) Real estate appendix.--The term ``real estate
            appendix'' means Appendix A of the document published by the
            District Commander of the Portland District of the Corps of
            Engineers, titled ``Willamette Falls Locks Willamette River
            Oregon Section 216 Disposition Study with Integrated
            Environmental Assessment''.
                (B) Receiving entity.--The term ``receiving entity'' means
            an entity identified by the State of Oregon, in consultation
            with the Willamette Falls Locks Commission, to receive the
            conveyance under paragraph (2).
                (C) Willamette falls locks project.--The term ``Willamette
            Falls Locks project'' means the project for navigation,
            Willamette Falls Locks, Willamette River, Oregon, authorized by
            the Act of June 25, 1910 (36 Stat. 664, chapter 382).
                (D) Willamette falls locks report.--The term ``Willamette
            Falls Locks report'' means the memorandum of the Director of
            Civil Works with the subject ``Willamette Falls Locks (WFL),
            Willamette River Oregon Section 216 Disposition Study with
            Integrated Environmental Assessment (Study)'', dated July 11,
            2019.
            (2) Conveyance authorized.--The Secretary is authorized to
        convey to the receiving entity, without consideration, all right,
        title, and interest of the United States in and to any land in
        which the Federal Government has a property interest for the
        Willamette Falls Locks project, together with any improvements on
        the land, subject to the requirements of this subsection and in
        accordance with the Willamette Falls Locks report.
            (3) Deed.--The Secretary shall convey the property under this
        subsection by quitclaim deed under such terms and conditions as the
        Secretary determines appropriate to protect the interests of the
        United States.
            (4) Subject to existing easements and other interests.--The
        conveyance of property under paragraph (2) shall be subject to all
        existing deed reservations, easements, rights-of-way, and leases
        that are in effect as of the date of the conveyance.
            (5) Reversion.--If the Secretary determines that the property
        conveyed under this subsection cease to be held in public
        ownership, all right, title, and interest in and to the property
        shall revert, at the discretion of the Secretary, to the United
        States.
            (6) Requirements before conveyance.--
                (A) Perpetual road easement.--Before making the conveyance
            under paragraph (2), the Secretary shall acquire a perpetual
            road easement from an adjacent property owner for use of an
            access road, which easement shall convey with the property
            conveyed under such paragraph.
                (B) Environmental compliance.--Before making the conveyance
            under paragraph (2), in accordance with the real estate
            appendix, the Secretary shall complete a Phase 1 Environmental
            Site Assessment pursuant to the Comprehensive Environmental
            Response, Compensation, and Liability Act of 1980 (42 U.S.C.
            9601 et seq.).
                (C) Historic preservation.--The Secretary may enter into a
            memorandum of agreement with the Oregon State Historic
            Preservation Office and the Advisory Council on Historic
            Preservation that identifies actions the Secretary shall take
            before making the conveyance under paragraph (2).
                (D) Repairs.--Before making the conveyance under paragraph
            (2), the Secretary shall carry out repairs to address primary
            seismic and safety risks in accordance with the recommendations
            approved in the Willamette Falls Locks report.
            (7) Deauthorization.--Beginning on the date on which the
        Secretary makes the conveyance under paragraph (2), the Willamette
        Falls Locks project is no longer authorized.
        SEC. 357. LAKE EUFAULA ADVISORY COMMITTEE.
        Section 3133(b) of the Water Resources Development Act of 2007 (121
    Stat. 1141) is amended by adding at the end the following:
            ``(5) Termination.--The committee shall terminate on the date
        that is 30 days after the date on which the committee submits final
        recommendations to the Secretary.''.
        SEC. 358. REPEAL OF MISSOURI RIVER TASK FORCE, NORTH DAKOTA.
        (a) In General.--Section 705 of the Water Resources Development Act
    of 2000 (114 Stat. 2696) is repealed.
        (b) Conforming Amendments.--
            (1) Purposes.--Section 702(b)(3) of the Water Resources
        Development Act of 2000 (114 Stat. 2695) is amended by inserting
        ``prepared under section 705(e) (as in effect on the day before the
        date of enactment of the Water Resources Development Act of 2020)''
        before the period at the end.
            (2) Definitions.--Section 703 of the Water Resources
        Development Act of 2000 (114 Stat. 2695) is amended--
                (A) by striking paragraphs (2) and (4); and
                (B) by redesignating paragraphs (3) and (5) as paragraphs
            (2) and (3), respectively.
        SEC. 359. REPEAL OF MISSOURI RIVER TASK FORCE, SOUTH DAKOTA.
        (a) In General.--Section 905 of the Water Resources Development Act
    of 2000 (114 Stat. 2709) is repealed.
        (b) Conforming Amendments.--
            (1) Purposes.--Section 902(b)(3) of the Water Resources
        Development Act of 2000 (114 Stat. 2708) is amended by inserting
        ``prepared under section 905(e) (as in effect on the day before the
        date of enactment of the Water Resources Development Act of 2020)''
        before the period at the end.
            (2) Definitions.--Section 903 of the Water Resources
        Development Act of 2000 (114 Stat. 2708) is amended--
                (A) by striking paragraphs (2) and (4); and
                (B) by redesignating paragraphs (3) and (5) as paragraphs
            (2) and (3), respectively.
        SEC. 360. CONFORMING AMENDMENTS.
        (a) Section 710 of the Water Resources Development Act of 1986 (33
    U.S.C. 2264), and the item relating to such section in the table of
    contents, are repealed.
        (b) Section 1001 of the Water Resources Development Act of 1986 (33
    U.S.C. 579a) is amended--
            (1) in subsection (b), by striking paragraph (2) and
        redesignating paragraph (3) as paragraph (2); and
            (2) by striking subsection (c).
        (c) Section 1001 of the Water Resources Reform and Development Act
    of 2014 (33 U.S.C. 2282c) is amended--
            (1) in subsection (d)--
                (A) in paragraph (1), by striking ``Notwithstanding the
            requirements of subsection (c), the Secretary'' and inserting
            ``The Secretary'';
                (B) by striking ``subsections (a) and (c)'' each place it
            appears and inserting ``subsection (a)''; and
                (C) by striking paragraph (4); and
            (2) by striking subsection (c) and redesignating subsections
        (d) through (g) as subsections (c) through (f), respectively.
        (d) Section 6003 of the Water Resources Reform and Development Act
    of 2014 (33 U.S.C. 579c), and the item relating to such section in the
    table of contents, are repealed.
        (e) Section 1301 of the Water Resources Development Act of 2016 (33
    U.S.C. 579d), and the item relating to such section in the table of
    contents, are repealed.
        (f) Section 1302 of the Water Resources Development Act of 2016 (33
    U.S.C. 579c-1), and the item relating to such section in the table of
    contents, are repealed.
        (g) Section 1301 of the Water Resources Development Act of 2018 (33
    U.S.C. 579d-1), and the item relating to such section in the table of
    contents, are repealed.
        (h) Section 1302 of the Water Resources Development Act of 2018 (33
    U.S.C. 579c-2), and the item relating to such section in the table of
    contents, are repealed.

                    TITLE IV--WATER RESOURCES INFRASTRUCTURE

        SEC. 401. PROJECT AUTHORIZATIONS.
        The following projects for water resources development and
    conservation and other purposes, as identified in the reports titled
    ``Report to Congress on Future Water Resources Development'' submitted
    to Congress pursuant to section 7001 of the Water Resources Reform and
    Development Act of 2014 (33 U.S.C. 2282d) or otherwise reviewed by
    Congress, are authorized to be carried out by the Secretary
    substantially in accordance with the plans, and subject to the
    conditions, described in the respective reports or decision documents
    designated in this section:
            (1) Navigation.--

    ------------------------------------------------------------------------
                                   C.  Date of
                                    Report of
    A. State       B.  Name          Chief of        D.  Estimated  Costs
                                    Engineers
    ------------------------------------------------------------------------
    1. AK     Port of Nome        May 29, 2020   Federal: $378,908,000
               Modifications                     Non-Federal: $126,325,000
                                                 Total: $505,233,000
    ------------------------------------------------------------------------
    2. AK     St. George Harbor   August 13,     Federal: $147,874,000
               Improvement, St.    2020          Non-Federal: $16,508,000
               George                            Total: $164,382,000
    ------------------------------------------------------------------------
    3. AK     Unalaska (Dutch     February 7,    Federal: $26,967,000
               Harbor) Channels    2020          Non-Federal: $8,989,000
                                                 Total: $35,956,000
    ------------------------------------------------------------------------
    4. CT      New Haven Harbor   May 7, 2020    Federal: $55,250,000
               Navigation                        Non-Federal: $19,442,000
               Improvement                       Total: $74,692,000
               Project
    ------------------------------------------------------------------------
    5. NY,    New York and New    April 23,      Federal: $19,550,000
     NJ        Jersey Harbor       2020          Non-Federal: $6,520,000
               Anchorages                        Total: $26,070,000
    ------------------------------------------------------------------------
    6. TX     Gulf Intracoastal   October 23,    Total: $414,144,000
               Waterway, Brazos    2019
               River Floodgates
               and Colorado
               River Locks
    ------------------------------------------------------------------------
    7. TX     Houston Ship        April 23,      Federal: $625,204,000
               Channel Expansion   2020          Non-Federal: $260,431,000
               Channel                           Total: $885,635,000
               Improvement
               Project, Harris,
               Chambers, and
               Galveston
               Counties
    ------------------------------------------------------------------------
    8. TX     Matagorda Ship      November 15,   Federal: $140,156,000
               Channel             2019          Non-Federal: $80,500,000
               Improvement                       Total: $220,656,000
               Project, Port
               Lavaca
    ------------------------------------------------------------------------
    9. VA     Atlantic            August 25,     Federal: $102,755,000
               Intracoastal        2020          Non-Federal: $0
               Waterway, North                   Total: $102,755,000
               Landing Bridge
               Replacement
    ------------------------------------------------------------------------

            (2) Flood risk management.--

    ------------------------------------------------------------------------
                                   C.  Date of
                                    Report of
    A. State       B.  Name          Chief of        D.  Estimated  Costs
                                    Engineers
    ------------------------------------------------------------------------
    1. AZ     Little Colorado     December 14,   Federal: $54,260,000
               River at Winslow,   2018          Non-Federal: $29,217,000
               Navajo County                     Total: $83,477,000
    ------------------------------------------------------------------------
    2. CA     Westminster, East   July 9, 2020   Federal: $324,905,000
               Garden Grove,                     Non-Federal: $940,191,000
               California Flood                  Total: $1,265,096,000
               Risk Management
    ------------------------------------------------------------------------
    3. CT,    Westchester County  May 7, 2020    Federal: $15,199,000
     NY        Streams, Byram                    Non-Federal: $15,199,000
               River Basin,                      Total: $30,397,000
               Fairfield County,
               Connecticut, and
               Westchester
               County, New York
    ------------------------------------------------------------------------
    4. KY     Louisville          October 27,    Federal: $122,170,000
               Metropolitan        2020          Non-Federal: $65,917,000
               Flood Protection                  Total: $188,087,000
               System
               Reconstruction,
               Jefferson and
               Bullitt Counties
    ------------------------------------------------------------------------
    5. ND     Souris River Basin  April 16,      Federal: $59,582,915
               Flood Risk          2019          Non-Federal: $32,364,085
               Management                        Total: $91,947,000
    ------------------------------------------------------------------------
    6. NJ     Peckman River       April 29,      Federal: $98,137,000
               Basin               2020          Non-Federal: $52,843,000
                                                 Total: $150,980,000
    ------------------------------------------------------------------------
    7. NM     Middle Rio Grande   March 13,      Federal: $201,944,451
               Flood Protection,   2020          Non-Federal: $108,740,000
               Bernalillo to                     Total: $310,684,000
               Belen
    ------------------------------------------------------------------------
    8. OK     Tulsa and West-     April 23,      Federal: $89,311,000
               Tulsa Levee         2020          Non-Federal: $48,091,000
               System, Tulsa                     Total: $137,402,000
               County
    ------------------------------------------------------------------------
    9. PR     Rio Culebrinas at   August 17,     Federal: $17,295,600
               Aguiadilla and      2020          Non-Federal: $8,568,400
               Aguada                            Total: $25,864,000
    ------------------------------------------------------------------------
    10. PR    Rio Guayanilla      August 13,     Federal: $103,422,000
               Flood Risk          2020          Non-Federal: $55,689,000
               Management,                       Total: $159,111,000
               Guayanilla
    ------------------------------------------------------------------------
    11. PR    Rio Grande de       November 18,   Federal: $9,770,000
               Manati Flood Risk   2020          Non-Federal: $4,520,000
               Management,                       Total: $14,290,000
               Ciales
    ------------------------------------------------------------------------
    12. USVI  Savan Gut, St.      August 24,     Federal: $48,658,100
               Thomas              2020          Non-Federal: $25,455,900
                                                 Total: $74,114,000
    ------------------------------------------------------------------------
    13. USVI  Turpentine Run,     August 17,     Federal: $29,817,850
               St. Thomas          2020          Non-Federal: $15,311,150
                                                 Total: $45,129,000
    ------------------------------------------------------------------------

            (3) Hurricane and storm damage risk reduction.--

    ------------------------------------------------------------------------
                                   C.  Date of
                                    Report of
    A. State       B.  Name          Chief of        D.  Estimated  Costs
                                    Engineers
    ------------------------------------------------------------------------
    1. DE     Delaware            March 6, 2020  Initial Federal:
               Beneficial Use of                  $66,464,000
               Dredged Material                  Initial Non-Federal:
               for the Delaware                   $35,789,000
               River                             Total: $102,253,000
                                                 Renourishment Federal:
                                                  $120,023,000
                                                 Renourishment Non-Federal:
                                                  $120,023,000
                                                 Renourishment Total:
                                                  $240,046,000
    ------------------------------------------------------------------------
    2. NJ     New Jersey          April 8, 2020  Initial Federal:
               Beneficial Use of                  $84,071,000
               Dredged Material                  Initial Non-Federal:
               for the Delaware                   $45,270,000
               River                             Total: $129,341,000
                                                 Renourishment Federal:
                                                  $85,495,000
                                                 Renourishment Non-Federal:
                                                  $85,495,000
                                                 Renourishment Total:
                                                  $170,990,000
    ------------------------------------------------------------------------
    3. NJ     Rahway River        June 9, 2020   Federal: $48,322,000
               Basin, New Jersey                 Non-Federal: $26,020,000
               Coastal Storm                      Total: $74,342,000
               Risk Management
    ------------------------------------------------------------------------
    4. NJ     Raritan Bay and     August 25,     Federal: $107,680,000
               Sandy Hook Bay,     2020          Non-Federal: $57,981,000
               Highlands                          Total: $165,661,000
    ------------------------------------------------------------------------
    5. NY     East Rockaway       August 22,     Initial Federal:
               Inlet to Rockaway   2019           $638,460,000
               Inlet and Jamaica                 Initial Non-Federal: $0
               Bay, Atlantic                     Total: $638,460,000
               Coast of New York                 Renourishment Federal:
                                                  $200,924,000
                                                 Renourishment Non-Federal:
                                                  $200,924,000
                                                 Renourishment Total:
                                                  $401,847,000
    ------------------------------------------------------------------------
    6. NY     Fire Island Inlet   July 9, 2020   Initial Federal:
               to Montauk Point,                  $1,576,790,000
               New York                          Initial Non-Federal: $0
               Reformulation                     Total: $1,576,790,000
                                                 Renourishment Federal:
                                                  $767,695,000
                                                 Renourishment Non-Federal:
                                                  $767,695,000
                                                 Renourishment Total:
                                                  $1,535,390,000
    ------------------------------------------------------------------------
    7. NY     Hashamomuck Cove    December 9,    Initial Federal:
               Coastal Storm       2019           $11,920,000
               Risk Management                   Initial Non-Federal:
                                                  $6,418,000
                                                 Total: $18,338,000
                                                 Renourishment Federal:
                                                  $24,237,000
                                                 Renourishment Non-Federal:
                                                  $24,237,000
                                                 Renourishment Total:
                                                  $48,474,000
    ------------------------------------------------------------------------
    8. RI     Pawcatuck River     December 19,   Federal: $37,679,000
               Coastal Storm       2018           Non-Federal: $20,289,000
               Risk Management                   Total: $57,968,000
               Project
    ------------------------------------------------------------------------
    9. VA     Norfolk Coastal     February 5,    Federal: $942,920,000
               Storm Risk          2019          Non-Federal: $507,730,000
               Management                         Total: $1,450,650,000
    ------------------------------------------------------------------------

            (4) Flood risk management and ecosystem restoration.--

    ------------------------------------------------------------------------
                                   C.  Date of
                                    Report of
    A. State       B.  Name          Chief of        D.  Estimated  Costs
                                    Engineers
    ------------------------------------------------------------------------
    1. CO     South Platte River  July 29, 2019  Federal: $344,076,000
               and Tributaries,                  Non-Federal: $206,197,000
               Adams and Denver                  Total: $550,273,000
               Counties
    ------------------------------------------------------------------------

            (5) Ecosystem restoration.--

    ------------------------------------------------------------------------
                                   C.  Date of
                                    Report of
    A. State       B.  Name          Chief of        D.  Estimated  Costs
                                    Engineers
    ------------------------------------------------------------------------
    1. CA     Delta Islands and    December 18,  Federal: $17,251,000
               Levees              2018          Non-Federal: $9,289,000
                                                 Total: $26,540,000
    ------------------------------------------------------------------------
    2. CA     Malibu Creek        November 13,   Federal: $172,249,000
               Ecosystem           2020          Non-Federal: $106,960,000
               Restoration, Los                  Total: $279,209,000
               Angeles and
               Ventura Counties
    ------------------------------------------------------------------------
    3. CA     Yuba River          June 20, 2019  Federal: $66,975,000
               Ecosystem                         Non-Federal: $36,064,000
               Restoration                       Total: $103,039,000
    ------------------------------------------------------------------------
    4. CO,    Rio Grande,         August 5,      Federal: $16,998,000
     NM, TX    Environmental       2019          Non-Federal: $9,153,000
               Management                        Total: $26,151,000
               Program, Sandia
               Pueblo to Isleta
               Pueblo, New
               Mexico, Ecosystem
               Restoration
    ------------------------------------------------------------------------
    5. FL     Comprehensive       April 8, 2020  Federal: $379,583,000
               Everglades                        Non-Federal: $375,737,000
               Restoration Plan,                 Total: $755,320,000
               Loxahatchee River
               Watershed
               Restoration
               Project, Martin
               and Palm Beach
               Counties
    ------------------------------------------------------------------------
    6. IA,    Grand River Basin   November 18,   Federal: $78,876,000
     MO        Ecosystem           2020          Non-Federal: $42,471,000
               Restoration                       Total: $121,347,000
    ------------------------------------------------------------------------
    7. IL     The Great Lakes     May 23, 2019   Federal: $557,730,550
               and Mississippi                   Non-Federal: $300,316,450
               River Interbasin                  Total: $858,047,000
               Study - Brandon
               Road, Will County
    ------------------------------------------------------------------------
    8. IL     South Fork of the   July 9, 2020   Federal: $11,657,000
               South Branch of                   Non-Federal: $6,277,000
               the Chicago                       Total: $17,934,000
               River, Bubbly
               Creek, Ecosystem
               Restoration
    ------------------------------------------------------------------------
    9. MD     Anacostia           December 19,   Federal: $25,866,750
               Watershed           2018          Non-Federal: $13,928,250
               Restoration,                      Total: $39,795,000
               Prince George's
               County
    ------------------------------------------------------------------------
    10. MO    St. Louis           November 1,    Federal: $61,362,893
               Riverfront-         2019          Non-Federal: $33,042,107
               Meramec River                     Total: $94,405,000
               Basin Ecosystem
               Restoration
    ------------------------------------------------------------------------
    11. NY,   Hudson-Raritan      May 26, 2020   Federal: $273,933,000
     NJ        Estuary Ecosystem                 Non-Federal: $147,502,000
               Restoration                       Total: $421,435,000
    ------------------------------------------------------------------------
    12. NY    Hudson River        November 19,   Federal: $33,479,000
               Habitat             2020          Non-Federal: $11,159,000
               Restoration                       Total: $44,638,000
    ------------------------------------------------------------------------
    13. TX    Jefferson County    September 12,  Federal: $38,942,000
               Ecosystem           2019          Non-Federal: $20,969,000
               Restoration                       Total: $59,911,000
    ------------------------------------------------------------------------

            (6) Water supply.--

    ------------------------------------------------------------------------
                                   C.  Date of
                                    Report of
    A. State       B.  Name          Chief of        D.  Estimated  Costs
                                    Engineers
    ------------------------------------------------------------------------
    1. OR     Willamette River    December 18,   Federal: $0
               Basin Review        2019          Non-Federal: $0
               Reallocation,                     Total: $0
    ------------------------------------------------------------------------

            (7) Modifications and other projects.--

    ------------------------------------------------------------------------
                                   C.  Date of
    A. State       B.  Name          Decision        D.  Estimated  Costs
                                     Document
    ------------------------------------------------------------------------
    1. CA     San Luis Rey Flood  July 24, 2020  Federal: $143,407,500
               Control Project,                  Non-Federal: $47,802,500
               San Diego County                   Total: $191,210,000
    ------------------------------------------------------------------------
    2. FL     Caloosahatchee      July 24, 2020  Federal: $514,999,000
               River West Basin                  Non-Federal: $514,999,000
               Storage Reservoir                 Total: $1,029,998,000
               (C-43 WBSR)
    ------------------------------------------------------------------------
    3. FL     Central and         September 15,  Federal: $66,736,500
               Southern Florida,   2020          Non-Federal: $66,736,500
               Canal 111 (C-111)                  Total: $133,473,000
               South Dade
               Project
    ------------------------------------------------------------------------
    4. KY     Kentucky Lock       June 9, 2020   Total: $1,166,809,000
    ------------------------------------------------------------------------
    5. NC     Carolina Beach      June 16, 2020  Federal: $25,125,000
               Integrated Beach                  Non-Federal: $25,125,000
               Renourishment                     Total: $50,250,000
    ------------------------------------------------------------------------
    6. NC     Wrightsville Beach  July 2, 2020   Federal: $60,068,000
                                                 Non-Federal: $18,486,000
                                                 Total: $78,554,000
                                                 Renourishment Federal:
                                                  $18,918,900
                                                 Renourishment Non-Federal:
                                                  $10,187,100
                                                 Renourishment Total:
                                                  $29,106,000
    ------------------------------------------------------------------------
    7. TX     Corpus Christi      May 4, 2020    Federal: $406,343,000
               Ship Channel,                     Non-Federal: $275,274,000
               Deepening and                     Total: $681,617,000
               Widening and
               Barge Shelves
    ------------------------------------------------------------------------
    8. VA     Atlantic            October 19,    Federal: $59,500,000
               Intracoastal        2020          Non-Federal: $0
               Waterway Deep                      Total: $59,500,000
               Creek Bridge
               Replacement
    ------------------------------------------------------------------------

        SEC. 402. SPECIAL RULES.
        (a) Great Lakes and Mississippi River Interbasin Project, Brandon
    Road, Will County, Illinois.--The Secretary shall carry out the project
    for ecosystem restoration, Great Lakes and Mississippi River Interbasin
    project, Brandon Road, Will County, Illinois, authorized by section 401
    of this Act, substantially in accordance with the terms and conditions
    described in the Report of the Chief of Engineers, dated May 23, 2019,
    with the following modifications:
            (1) The Federal share of the cost of construction shall be 80
        percent.
            (2) The Secretary may include the addition or substitution of
        technologies or measures not described in the report, as the
        Secretary determines to be advisable.
        (b) East Rockaway Inlet to Rockaway Inlet and Jamaica Bay
    Reformulation, New York.--The project for hurricane and storm damage
    reduction, East Rockaway Inlet to Rockaway Inlet and Jamaica Bay,
    Atlantic Coast of New York, authorized by section 401 of this Act,
    shall be considered to be a continuation of the interim response to the
    authorization by the House of Representatives dated September 20, 1997,
    and the authorization under the heading ``Department of the Army--Corps
    of Engineers--Civil--Construction'' under chapter 4 of title X of the
    Disaster Relief Appropriations Act, 2013 (127 Stat. 24).
        (c) Tulsa and West-Tulsa Levee System, Tulsa County, Oklahoma.--For
    the project for flood risk management, Tulsa and West-Tulsa Levee
    System, Tulsa County, Oklahoma, authorized by section 401 of this Act,
    the non-Federal contribution for the project shall be financed over a
    period of 30 years from the date of completion of the project, in
    accordance with section 103(k) of the Water Resources Development Act
    of 1986 (33 U.S.C. 2213(k)).
        (d) Willamette River Basin Review Reallocation Study.--The
    Secretary shall carry out the project for water supply, Willamette
    River Basin Review Reallocation, Oregon, authorized by section 401 of
    this Act, substantially in accordance with the terms and conditions
    described in the Report of the Chief of Engineers, dated December 18,
    2019, with the following modifications:
            (1) The Secretary shall meet the obligations of the Corps of
        Engineers under the Endangered Species Act of 1973 by complying
        with the June 2019 NMFS Willamette Basin Review Study Biological
        Opinion Reasonable and Prudent Alternative until such time, if any,
        as it is modified or replaced, in whole or in part, through the
        consultation process under section 7(a) of the Endangered Species
        Act of 1973.
            (2) The Secretary may reallocate not more than 10 percent of
        overall storage in the joint conservation pool, as authorized by
        this Act and without further congressional action, if such
        reallocation is consistent with the ongoing consultation under
        section 7(a) of the Endangered Species Act of 1973 related to
        Willamette Valley System operations.
            (3) The Secretary shall ensure that the revised reallocation is
        not reallocated from a single storage use, does not seriously
        affect authorized project purposes, and does not otherwise involve
        major operational changes to the project.
        (e) Cano Martin Pena, San Juan, Puerto Rico.--Section 5127 of the
    Water Resources Development Act of 2007 (121 Stat. 1242) is amended by
    striking `` $150,000,000'' and inserting `` $255,816,000''.
        SEC. 403. AUTHORIZATION OF PROJECTS BASED ON FEASIBILITY STUDIES
          PREPARED BY NON-FEDERAL INTERESTS.
        (a) In General.--The Secretary is authorized to carry out the
    following projects for water resources development and conservation and
    other purposes, subject to subsection (b):
            (1) Fort pierce, st. lucie county, florida.--The project for
        hurricane and storm damage reduction, Fort Pierce, St. Lucie
        County, Florida, as described in the review assessment of the
        Secretary, titled ``Review Assessment of St. Lucie County, Florida
        Fort Pierce Shore Protection Project Section 203 Integrated
        Feasibility Study and Environmental Assessment (June 2018)'' and
        dated July 2018, at a total cost of $33,107,639, and at an
        estimated total cost of $97,958,972 for periodic nourishment over
        the 50-year life of the project.
            (2) Baptiste collette bayou, louisiana.--The project for
        navigation, Baptiste Collette Bayou, Louisiana, as described in the
        review assessment of the Secretary, titled ``Review Assessment of
        Plaquemines Parish Government's Section 203 Study Baptiste Collette
        Bayou Navigation Channel Deepening Project Integrated Feasibility
        Study and Environmental Assessment (January 2017, Amended April
        2018)'' and dated June 2018, at a total cost of $44,920,000.
            (3) Houma navigation canal, louisiana.--The project for
        navigation, Houma Navigation Canal, Louisiana, as described in the
        review assessment of the Secretary, titled ``Review Assessment of
        Houma Navigation Canal Deepening Project Section 203 Integrated
        Feasibility Report and DRAFT Environmental Impact Statement (June
        2018)'' and dated July 2018, at a total cost of $253,458,000.
            (4) Port fourchon belle pass channel, louisiana.--The project
        for navigation, Port Fourchon Belle Pass Channel, Louisiana, as
        described in the review assessment of the Secretary, titled
        ``Review Assessment of Port Fourchon Belle Pass Channel Deepening
        Project Section 203 Feasibility Study (January 2019, revised
        January 2020)'' and dated April 2020, at a total cost of
        $95,483,000.
            (5) Wilmington harbor, north carolina.--The project for
        navigation, Wilmington Harbor, North Carolina, as described in the
        review assessment of the Secretary, titled ``Review Assessment of
        Wilmington Harbor, North Carolina Navigation Improvement Project
        Integrated Section 203 Study & Environmental Report (February
        2020)'' and dated May 2020, at a total cost of $834,093,000.
            (6) Chacon creek, texas.--The project for flood risk
        management, ecosystem restoration, and other purposes, Chacon
        Creek, Texas, as described in the review assessment of the
        Secretary, titled ``Review Assessment of Chacon Creek, Texas
        Section 203 Integrated Feasibility Report and DRAFT Environmental
        Assessment (August 2018)'' and dated September 2018, at a total
        cost of $51,973,000.
        (b) Requirements.--The Secretary may only carry out a project
    authorized under subsection (a)--
            (1) substantially in accordance with the applicable review
        assessment for the project submitted by the Secretary under section
        203(c) of the Water Resources Development Act of 1986, as
        identified in subsection (a) of this section, and subject to such
        modifications or conditions as the Secretary considers appropriate
        and identifies in a final assessment that addresses the concerns,
        recommendations, and conditions identified by the Secretary in the
        applicable review assessment; and
            (2) after the Secretary transmits to the Committee on
        Transportation and Infrastructure of the House of Representatives
        and the Committee on Environment and Public Works of the Senate
        such final assessment.

                             TITLE V--OTHER MATTERS

        SEC. 501. UPDATE ON INVASIVE SPECIES POLICY GUIDANCE.
        (a) In General.--The Secretary shall periodically update the
    Invasive Species Policy Guidance, developed under section 104 of the
    River and Harbor Act of 1958 (33 U.S.C. 610) and the Nonindigenous
    Aquatic Nuisance Prevention and Control Act of 1990 (16 U.S.C. 4701 et
    seq.), in accordance with the most recent National Invasive Species
    Council Management Plan developed pursuant to Executive Order 13112.
        (b) Inclusion.--The Secretary may include in the updated guidance
    invasive species specific efforts at federally authorized water
    resources development projects located in--
            (1) high-altitude lakes; and
            (2) the Tennessee and Cumberland River basins.
        SEC. 502. AQUATIC INVASIVE SPECIES RESEARCH.
        Section 1108 of the Water Resources Development Act of 2018 (33
    U.S.C. 2263a) is amended--
            (1) in subsection (a)--
                (A) by striking ``management'' and inserting ``prevention,
            management,''; and
                (B) by inserting ``, elodea, quagga mussels,'' after
            ``Asian carp''; and
            (2) in subsection (b)--
                (A) by inserting ``or could be impacted in the future''
            after ``impacted''; and
                (B) by striking ``Pacific'' and all that follows through
            the period at the end and inserting ``Pacific, Arctic, and Gulf
            Coasts, the Great Lakes, and reservoirs operated and maintained
            by the Secretary.''.
        SEC. 503. TERRESTRIAL NOXIOUS WEED CONTROL PILOT PROGRAM.
        (a) In General.--The Secretary shall carry out a pilot program, in
    consultation with the Federal Interagency Committee for the Management
    of Noxious and Exotic Weeds, to identify and develop new and improved
    strategies for terrestrial noxious weed control on Federal land under
    the jurisdiction of the Secretary.
        (b) Partnerships.--In carrying out the pilot program under
    subsection (a), the Secretary shall act in partnership with such other
    individuals and entities as the Secretary determines to be appropriate.
        (c) Cooperative Agreements.--The Secretary may utilize cooperative
    agreements with county and State agencies for the implementation of the
    pilot program under subsection (a).
        (d) Report to Congress.--Not later than 2 years after the date of
    enactment of this Act, the Secretary shall provide to the Committee on
    Environment and Public Works of the Senate and the Committee on
    Transportation and Infrastructure of the House of Representatives a
    report describing the new and improved strategies developed through the
    pilot program under subsection (a).
        SEC. 504. INVASIVE SPECIES RISK ASSESSMENT, PRIORITIZATION, AND
          MANAGEMENT.
        Section 528(f)(2) of the Water Resources Development Act of 1996
    (110 Stat. 3771) is amended--
            (1) by redesignating subparagraphs (I) and (J) as subparagraphs
        (J) and (K), respectively;
            (2) by inserting after subparagraph (H) the following:
                ``(I) shall, using existing amounts appropriated to the
            Task Force, develop and update, as appropriate, a priority list
            of invasive species that--
                    ``(i) reflects an assessment of ecological risk that
                the listed invasive species represent;
                    ``(ii) includes populations of invasive plants and
                animals that--

                        ``(I) are significantly impacting the structure and
                    function of ecological communities, native species, or
                    habitat within the South Florida ecosystem; or
                        ``(II) demonstrate a strong potential to reduce,
                    obscure, or otherwise alter key indicators used to
                    measure Everglades restoration progress; and

                    ``(iii) shall be used by the Task Force and agencies
                and entities represented on the Task Force to focus
                cooperative and collaborative efforts--

                        ``(I) to guide applied research;
                        ``(II) to develop innovative strategies and tools
                    to facilitate improved management, control, or
                    eradication of listed invasive species;
                        ``(III) to implement specific management, control,
                    or eradication activities at the appropriate
                    periodicity and intensity necessary to reduce or
                    neutralize the impacts of listed invasive species,
                    including the use of qualified skilled volunteers when
                    appropriate; and
                        ``(IV) to develop innovative strategies and tools
                    to prevent future introductions of nonnative
                    species;'';

            (3) in subparagraph (J) (as so redesignated), by striking
        ``ecosystem'' and inserting ``ecosystem, including the activities
        described in subparagraph (I)''; and
            (4) in clause (i) of subparagraph (K) (as so redesignated), by
        inserting ``, including the priority list under subparagraph (I)
        and the activities described in that subparagraph'' after ``Task
        Force''.
        SEC. 505. INVASIVE SPECIES MITIGATION AND REDUCTION.
        Section 104 of the River and Harbor Act of 1958 (33 U.S.C. 610) is
    amended--
            (1) in subsection (b)--
                (A) in paragraph (1)--
                    (i) in the matter preceding subparagraph (A), by
                striking ``this section $110,000,000'' and inserting ``this
                section (except for subsections (f) and (g))
                $130,000,000'';
                    (ii) in subparagraph (B), by striking ``and'' at the
                end;
                    (iii) in subparagraph (C), by striking the period at
                the end and inserting a semicolon; and
                    (iv) by adding at the end the following:
                ``(D) $30,000,000 shall be made available to carry out
            subsection (d)(1)(A)(iv); and
                ``(E) $10,000,000 shall be made available to carry out
            subsection (d)(1)(A)(v).'';
                (B) by redesignating paragraph (2) as paragraph (3);
                (C) by inserting after paragraph (1) the following:
            ``(2) Other programs.--
                ``(A) In general.--There are authorized to be
            appropriated--
                    ``(i) $10,000,000 for each of fiscal years 2021 through
                2024 to carry out subsection (f); and
                    ``(ii) $50,000,000 for each of fiscal years 2021
                through 2024 to carry out subsection (g)(2).
                ``(B) Invasive plant species pilot program.--There is
            authorized to be appropriated to the Secretary of the Interior,
            acting through the Director of the United States Fish and
            Wildlife Service, $10,000,000 to carry out subsection
            (g)(3).''; and
                (D) in paragraph (3) (as so redesignated), by inserting
            ``or (2)(A)'' after ``paragraph (1)'';
            (2) in subsection (d)--
                (A) in the subsection heading, by inserting ``and
            Decontamination'' after ``Inspection'';
                (B) in paragraph (1)--
                    (i) in subparagraph (A)--

                        (I) in the subparagraph heading, by inserting ``and
                    decontamination'' after ``inspection'';
                        (II) in clause (ii), by striking ``and'' at the
                    end;
                        (III) in clause (iii), by striking ``Arizona River
                    Basins.'' and inserting ``Arkansas River Basins;''; and
                        (IV) by adding at the end the following:

                    ``(iv) to protect the Russian River Basin, California;
                and
                    ``(v) to protect basins and watersheds that adjoin an
                international border between the United States and
                Canada.''; and
                    (ii) by striking subparagraph (B) and inserting the
                following:
                ``(B) Locations.--The Secretary shall place watercraft
            inspection and decontamination stations under subparagraph (A)
            at locations with the highest likelihood of preventing the
            spread of aquatic invasive species into and out of waters of
            the United States, as determined by the Secretary in
            consultation with the Governors and entities described in
            paragraph (3).'';
                (C) in paragraph (3)(A), by striking ``(iii)'' and
            inserting ``(v)''; and
                (D) by striking ``watercraft inspection stations'' each
            place it appears and inserting ``watercraft inspection and
            decontamination stations''; and
            (3) by adding at the end the following:
        ``(f) Invasive Species Management Pilot Program.--
            ``(1) Definition of invasive species.--In this subsection, the
        term `invasive species' has the meaning given the term in section 1
        of Executive Order 13112 (64 Fed. Reg. 6183; relating to invasive
        species (February 3, 1999)) (as amended by section 2 of Executive
        Order 13751 (81 Fed. Reg. 88609; relating to safeguarding the
        Nation from the impacts of invasive species (December 5, 2016))).
            ``(2) Development of plans.--The Secretary, in coordination
        with the Aquatic Nuisance Species Task Force, shall carry out a
        pilot program under which the Secretary shall collaborate with
        States in the Upper Missouri River Basin in developing voluntary
        aquatic invasive species management plans to mitigate the effects
        of invasive species on public infrastructure facilities located on
        reservoirs of the Corps of Engineers in those States.
            ``(3) Management plan.--
                ``(A) In general.--The Secretary, in consultation with the
            Governor of each State in the Upper Missouri River Basin that
            elects to participate in the pilot program, shall prepare a
            management plan, or update or expand an existing plan, for each
            participating State that identifies public infrastructure
            facilities located on reservoirs of the Corps of Engineers in
            those States that--
                    ``(i) are affected by aquatic invasive species; and
                    ``(ii) need financial and technical assistance in order
                to maintain operations.
                ``(B) Use of existing plans.--In developing a management
            plan under subparagraph (A), the Secretary shall consider a
            management plan submitted by a participating State under
            section 1204(a) of the Nonindigenous Aquatic Nuisance
            Prevention and Control Act of 1990 (16 U.S.C. 4724(a)).
            ``(4) Termination of authority.--The authority provided under
        this subsection shall terminate on September 30, 2024.
        ``(g) Invasive Species Prevention, Control, and Eradication.--
            ``(1) Definition of invasive species.--In this subsection, the
        term `invasive species' has the meaning given the term in section 1
        of Executive Order 13112 (64 Fed. Reg. 6183; relating to invasive
        species (February 3, 1999)) (as amended by section 2 of Executive
        Order 13751 (81 Fed. Reg. 88609; relating to safeguarding the
        Nation from the impacts of invasive species (December 5, 2016))).
            ``(2) Invasive species partnerships.--
                ``(A) In general.--The Secretary may enter into
            partnerships with applicable States and other Federal agencies
            to carry out actions to prevent the introduction of, control,
            or eradicate, to the maximum extent practicable, invasive
            species that adversely impact water quantity or water quality
            in the Platte River Basin, the Upper Colorado River Basin, the
            Upper Snake River Basin, and the Upper Missouri River Basin.
                ``(B) Prioritization.--In selecting actions to carry out
            under a partnership under subparagraph (A), the Secretary shall
            give priority to projects that are intended to control or
            eradicate the Russian olive (Elaeagnus angustifolia) or
            saltcedar (of the genus Tamarix).
            ``(3) Invasive plant species pilot program.--
                ``(A) Definitions.--In this paragraph:
                    ``(i) Eligible entity.--The term `eligible entity'
                means a partnership between or among 2 or more entities
                that--

                        ``(I) includes--

                            ``(aa) at least 1 flood control district; and
                            ``(bb) at least 1 city, county, township, town,
                        borough, parish, village, or other general purpose
                        political subdivision of a State or Indian Tribe
                        (as defined in section 4 of the Indian Self-
                        Determination and Education Assistance Act (25
                        U.S.C. 5304)); and

                        ``(II) may include any other entity (such as a
                    nonprofit organization or institution of higher
                    education), as determined by the Secretary.

                    ``(ii) Invasive plant species.--The term `invasive
                plant species' means a plant that is nonnative to the
                ecosystem under consideration, the introduction of which
                causes or is likely to cause economic harm or harm to human
                health.
                ``(B) Pilot program.--The Secretary of the Interior, acting
            through the Director of the United States Fish and Wildlife
            Service, shall establish a pilot program under which such
            Secretary shall work with eligible entities to carry out
            activities--
                    ``(i) to remove invasive plant species in riparian
                areas that contribute to drought conditions in--

                        ``(I) the Lower Colorado River Basin;
                        ``(II) the Rio Grande River Basin;
                        ``(III) the Texas Gulf Coast Basin; and
                        ``(IV) the Arkansas-White-Red Basin;

                    ``(ii) where appropriate, to replace the invasive plant
                species described in clause (i) with ecologically suitable
                native species; and
                    ``(iii) to maintain and monitor riparian areas in which
                activities are carried out under clauses (i) and (ii).
                ``(C) Report to congress.--Not later than 18 months after
            the date of enactment of this subsection, the Secretary of the
            Interior, acting through the Director of the United States Fish
            and Wildlife Service, shall submit to the Committee on
            Environment and Public Works of the Senate and the Committee on
            Transportation and Infrastructure of the House of
            Representatives a report describing the implementation of the
            pilot program.
                ``(D) Termination of authority.--The authority provided
            under this paragraph shall terminate on September 30, 2024.
            ``(4) Cost share.--The Federal share of an action carried out
        under a partnership under paragraph (2) or an activity carried out
        under the pilot program under paragraph (3) shall not exceed 80
        percent of the total cost of the action or activity.''.
        SEC. 506. AQUATIC INVASIVE SPECIES PREVENTION.
        Section 1039(b) of the Water Resources Reform and Development Act
    of 2014 (16 U.S.C. 4701 note) is amended--
            (1) in paragraph (1)--
                (A) in the paragraph heading, by striking ``upper
            mississippi and ohio river basins and tributaries'' and
            inserting ``mississippi river and tributaries, including sub-
            basins'';
                (B) in subparagraph (A), by striking ``Upper Mississippi
            and Ohio River basins and tributaries'' and inserting
            ``Mississippi River and tributaries, including the 6 sub-basins
            of the River,''; and
                (C) in subparagraph (B), by striking ``and the document
            prepared'' and all that follows through ``February 2012.'' and
            inserting ``the Mississippi River Basin Asian Carp Control
            Strategy Framework, and the Asian Carp Regional Coordinating
            Committee's Asian Carp Action Plan.''; and
            (2) in paragraph (2)--
                (A) in subparagraph (A)--
                    (i) by striking ``December 31 of each year'' and
                inserting ``December 31, 2020, and biennially thereafter'';
                and
                    (ii) by striking ``Upper Mississippi and Ohio River
                basins and tributaries'' and inserting ``Mississippi River
                and tributaries, including the 6 sub-basins of the River'';
                and
                (B) in subparagraph (B)--
                    (i) in clause (i), by striking ``Upper Mississippi and
                Ohio River basins and tributaries'' and inserting
                ``Mississippi River and tributaries, including the 6 sub-
                basins of the River,''; and
                    (ii) in clause (ii), by striking ``Upper Mississippi
                and Ohio River basins and tributaries'' and inserting
                ``Mississippi River and tributaries, including the 6 sub-
                basins of the River''.
        SEC. 507. INVASIVE SPECIES IN ALPINE LAKES PILOT PROGRAM.
        (a) Establishment.--The Secretary of the Interior, acting through
    the Director of the United States Fish and Wildlife Service, shall
    establish a pilot program (referred to in this section as the ``pilot
    program'') to develop and carry out effective measures necessary to
    prevent, control, or eradicate aquatic invasive species in alpine lakes
    that are not located within a unit of the National Park System.
        (b) Partnerships.--The Secretary of the Interior, acting through
    the Director of the United States Fish and Wildlife Service, shall
    offer to enter into a partnership to carry out the pilot program with--
            (1) any relevant partnering Federal agency; and
            (2) any relevant compact agency organized with the consent of
        Congress under article I, section 10 of the Constitution of the
        United States.
        (c) Authorization of Appropriations.--There is authorized to be
    appropriated to carry out the pilot program $25,000,000 for the period
    of fiscal years 2022 through 2024.
        SEC. 508. MURDER HORNET ERADICATION PILOT PROGRAM.
        (a) Grant Authority.--The Secretary of the Interior, acting through
    the Director of the Fish and Wildlife Service, and in consultation with
    all relevant Federal agencies, shall establish a pilot program to
    provide financial assistance to States for management, research, and
    public education activities necessary to--
            (1) eradicate the Asian giant hornet; and
            (2) restore bee populations damaged by the Asian giant hornet.
        (b) Eligibility.--A State is eligible to receive financial
    assistance under this section if the State has demonstrated to the
    Secretary of the Interior sufficient need to implement measures to
    eradicate the Asian giant hornet.
        (c) Cost Sharing.--
            (1) Federal share.--The Federal share of the costs of
        activities carried out under the pilot program may not exceed 75
        percent of the total costs of such activities.
            (2) In-kind contributions.--The non-Federal share of the costs
        of activities carried out under the pilot program may be provided
        in the form of in-kind contributions of materials or services.
        (d) Limitation on Administrative Expenses.--Not more than 5 percent
    of financial assistance provided by the Secretary of the Interior under
    this section may be used for administrative expenses.
        (e) Authorization of Appropriations.--There is authorized to be
    appropriated to the Secretary of the Interior to carry out the pilot
    program $4,000,000 for each of fiscal years 2021 through 2025.
        (f) Definitions.--In this section:
            (1) Asian giant hornet.--The term ``Asian giant hornet'' means
        a Vespa mandarinia.
            (2) State.--The term ``State'' means each of the several
        States, the District of Columbia, and the territories and insular
        possessions of the United States.
        (g) Sunset.--The authority under this section shall terminate on
    the date that is 5 years after the date of enactment of this Act.
        SEC. 509. ASIAN CARP PREVENTION AND CONTROL PILOT PROGRAM.
        (a) Corps of Engineers Asian Carp Prevention Pilot Program.--
            (1) In general.--The Secretary, in conjunction with the
        Tennessee Valley Authority and other relevant Federal agencies,
        shall carry out an Asian carp prevention pilot program to carry out
        projects to manage and prevent the spread of Asian carp using
        innovative technologies, methods, and measures.
            (2) Project selection.--
                (A) Location.--Each project under the pilot program shall
            be carried out in a river system or reservoir in the Cumberland
            River Watershed or Tennessee River Watershed in which Asian
            carp populations are expanding or have been documented.
                (B) Consultation.--In selecting projects to carry out under
            the pilot program, the Secretary shall consult with--
                    (i) applicable Federal, State, and local agencies;
                    (ii) institutions of higher education; and
                    (iii) relevant private organizations, including
                nonprofit organizations.
                (C) Limitations.--
                    (i) Number of projects.--The Secretary may select not
                more than 10 projects to carry out under the pilot program.
                    (ii) Deadline.--Not later than September 30, 2024, the
                Secretary shall complete projects selected to be carried
                out under the pilot program.
            (3) Best practices.--In carrying out the pilot program, to the
        maximum extent practicable, the Secretary shall consider existing
        best practices, such as those described in the document of the
        Asian Carp Working Group of the Aquatic Nuisance Species Task Force
        entitled ``Management and Control Plan for Bighead, Black, Grass,
        and Silver Carps in the United States'' and dated November 2007.
            (4) Cost-share.--
                (A) In general.--The Federal share of the costs of a
            project carried out under the program may not exceed 75 percent
            of the total costs of the project.
                (B) Operation, maintenance, rehabilitation, and repair.--
            After the completion of a project under the pilot program, the
            Federal share of the costs for operation, maintenance,
            rehabilitation, and repair of the project shall be 100 percent.
            (5) Memorandum of agreement.--For projects carried out in
        reservoirs owned or managed by the Tennessee Valley Authority, the
        Secretary and the Tennessee Valley Authority shall execute a
        memorandum of agreement establishing the framework for a
        partnership and the terms and conditions for sharing expertise and
        resources.
            (6) Payments.--The Secretary is authorized to accept and expend
        funds from the Tennessee Valley Authority to complete any work
        under this section at a reservoir owned or managed by the Tennessee
        Valley Authority.
            (7) Report.--Not later than 2 years after the date of enactment
        of this Act, and 2 years thereafter, the Secretary shall submit to
        Congress a report describing the results of the pilot program,
        including an analysis of the effectiveness of the innovative
        technologies, methods, and measures used in projects carried out
        under the pilot program at preventing the spread, or managing the
        eradicating of, Asian carp.
            (8) Authorization of appropriations.--There is authorized to be
        appropriated to carry out this subsection $25,000,000, to remain
        available until expended.
        (b) Fish and Wildlife Service Asian Carp Eradication Program.--
            (1) Establishment.--The Secretary of the Interior, acting
        through the Director of the United States Fish and Wildlife
        Service, shall establish a program to provide financial assistance
        to States to implement measures, including for management,
        research, and public education activities, necessary to eradicate
        the Asian carp.
            (2) Eligibility.--A State is eligible to receive financial
        assistance under this subsection if such State has demonstrated to
        the Secretary of the Interior sufficient need to implement measures
        to eradicate the Asian carp.
            (3) Priority.--In providing financial assistance under the
        program, the Secretary of the Interior shall give priority to
        States in the Cumberland River Watershed or the Tennessee River
        Watershed in which Asian carp populations are expanding or have
        been documented.
            (4) Cost sharing.--
                (A) Federal share.--The Federal share of the costs of
            activities carried out under the program may not exceed 80
            percent of the total costs of such activities.
                (B) In-kind contributions.--The non-Federal share of the
            costs of activities carried out under the program may be
            provided in the form of in-kind contributions of materials or
            services.
            (5) Limitation on administrative expenses.--Not more than 5
        percent of financial assistance provided by the Secretary of the
        Interior under this subsection may be used for administrative
        expenses.
            (6) Authorization of appropriations.--There is authorized to be
        appropriated to the Secretary of the Interior to carry out this
        subsection $4,000,000 for each of fiscal years 2021 through 2025.
        SEC. 510. INVASIVE SPECIES IN NONCONTIGUOUS STATES AND TERRITORIES
          PILOT PROGRAM.
        (a) Establishment.--The Secretary of the Interior, acting through
    the Director of the United States Fish and Wildlife Service, shall
    establish a pilot program to carry out measures necessary to prevent,
    control, or eradicate invasive species in culturally significant
    forested watersheds in noncontiguous States and territories of the
    United States in which the Corps of Engineers is carrying out flood
    risk management projects.
        (b) Implementation.--The Secretary of the Interior, acting through
    the Director of the United States Fish and Wildlife Service, is
    encouraged to carry out the measures described in subsection (a) in
    consultation with--
            (1) States, any territory or possession of the United States,
        and units of local government, including federally recognized
        Indian Tribes (as defined in section 4 of the Indian Self-
        Determination and Education Assistance Act (25 U.S.C. 5304)); and
            (2) nonprofit organizations with knowledge of, and experience
        in, forested watershed management, including nonprofit
        organizations with a primary purpose of serving and partnering with
        indigenous communities.
        (c) Authorization of Appropriations.--There is authorized to be
    appropriated to carry out the pilot program under subsection (a)
    $25,000,000 for the period of fiscal years 2022 through 2024.
        SEC. 511. SOIL MOISTURE AND SNOWPACK MONITORING.
        (a) Installation of Network.--
            (1) In general.--In accordance with the activities required
        under section 4003(a) of the Water Resources Reform and Development
        Act of 2014 (128 Stat. 1310; 130 Stat. 1676), and to support the
        goals of the Weather Research and Forecasting Innovation Act of
        2017 (Public Law 115-25) and the National Integrated Drought
        Information System Reauthorization Act of 2018 (Public Law 115-
        423), the Secretary, in coordination with the Administrator of the
        National Oceanic and Atmospheric Administration (referred to in
        this section as the ``Administrator''), the Chief of the Natural
        Resources Conservation Service, the Director of the United States
        Geological Survey, and the Commissioner of Reclamation, shall
        continue installation of a network of soil moisture and plains
        snowpack monitoring stations, and modification of existing
        stations, in the Upper Missouri River Basin.
            (2) Requirements.--In carrying out installation and
        modification activities under paragraph (1), the Secretary--
                (A) may continue to enter into agreements, including
            cooperative agreements, with State mesonet programs for
            purposes of installing new stations or modifying existing
            stations;
                (B) shall transfer ownership and all responsibilities for
            operation and maintenance of new stations to the respective
            State mesonet program for the State in which the monitoring
            station is located on completion of installation of the
            station; and
                (C) shall establish, in consultation with the
            Administrator, requirements and standards for the installation
            of new stations and modification of existing stations to ensure
            seamless data integration into--
                    (i) the National Mesonet Program;
                    (ii) the National Coordinated Soil Moisture Network;
                and
                    (iii) other relevant networks.
            (3) Authorization of appropriations.--There is authorized to be
        appropriated to carry out this subsection, in addition to any other
        funds authorized to be appropriated for the installation of a
        network of soil moisture and plains snowpack monitoring stations or
        the modification of existing stations in the Upper Missouri River
        Basin, $7,000,000 for each of fiscal years 2021 through 2025.
        (b) Soil Moisture and Snowpack Monitoring Pilot Program.--
            (1) In general.--Not later than 180 days after the date of the
        enactment of this Act, the Administrator shall establish within the
        National Mesonet Program a pilot program for the acquisition and
        use of data generated by the network described in subsection (a).
            (2) Requirements.--In establishing the pilot program under
        paragraph (1), the Administrator shall--
                (A) enter into agreements with State mesonet programs in
            the Upper Missouri River Basin to acquire data generated by the
            network described in subsection (a) that--
                    (i) are similar to the agreements in effect as of the
                date of the enactment of this Act with States under the
                National Mesonet Program; and
                    (ii) allow for sharing of data with other Federal
                agencies and with institutions engaged in federally
                supported research, including the United States Drought
                Monitor, as appropriate and feasible;
                (B) in coordination with the Secretary, the Chief of the
            Natural Resources Conservation Service, the Director of the
            United States Geological Survey, and the Commissioner of
            Reclamation, gather data from the operation of the network to
            inform ongoing efforts of the National Oceanic and Atmospheric
            Administration in support of--
                    (i) the National Integrated Drought Information System,
                including the National Coordinated Soil Moisture Network;
                    (ii) the United States Drought Monitor;
                    (iii) the National Water Model and other relevant
                national modeling efforts;
                    (iv) validation, verification, and calibration of
                satellite-based, in situ, and other remote sensing
                activities and output products;
                    (v) flood risk and water resources monitoring
                initiatives by the Secretary and the Commissioner; and
                    (vi) any other programs or initiatives the
                Administrator considers appropriate;
                (C) at the request of State mesonet programs, or as the
            Administrator considers appropriate, provide technical
            assistance to such programs under the pilot program under
            paragraph (1) to ensure proper data requirements; and
                (D) ensure an appropriate mechanism for quality control and
            quality assurance is employed for the data acquired under the
            pilot program, such as the Meteorological Assimilation Data
            Ingest System.
            (3) Study required.--
                (A) In general.--Not later than 1 year after the date of
            the enactment of this Act, the Administrator shall initiate a
            study of the pilot program required by paragraph (1) to
            evaluate the data generated by the network described in
            subsection (a) and the applications of that data to programs
            and initiatives described in paragraph (2)(B).
                (B) Elements.--The study required by subparagraph (A) shall
            include an assessment of--
                    (i) the contribution of the soil moisture, snowpack,
                and other relevant data generated by the network described
                in subsection (a) to weather, subseasonal and seasonal, and
                climate forecasting products on the local, regional, and
                national levels;
                    (ii) the enhancements made to the National Integrated
                Drought Information System, the National Water Model, and
                the United States Drought Monitor, and other relevant
                national modeling efforts, using data and derived data
                products generated by the network;
                    (iii) the contribution of data generated by the network
                to remote sensing products and approaches;
                    (iv) the viability of the ownership and operational
                structure of the network; and
                    (v) any other matters the Administrator considers
                appropriate, in coordination with the Secretary, the Chief
                of the Natural Resources Conservation Service, the Director
                of the United States Geological Survey, and the
                Commissioner of Reclamation.
            (4) Report required.--Not later than 4 years after the date of
        the enactment of this Act, the Administrator shall submit to the
        appropriate congressional committees a report--
                (A) setting forth the findings of the study required by
            paragraph (3); and
                (B) making recommendations based on those findings to
            improve weather, subseasonal, seasonal, and climate monitoring
            nationally.
            (5) Government accountability office audit.--
                (A) In general.--Not later than 60 days after the report
            required by paragraph (4) is submitted, the Comptroller General
            of the United States shall initiate an audit to evaluate that
            report and determine whether--
                    (i) the Administrator, in conducting the pilot program
                under paragraph (1), has utilized the relevant data
                generated by the network described in subsection (a) in the
                manner most beneficial to the programs and initiatives
                described in paragraph (2)(B);
                    (ii) the acquisition agreements entered into under
                paragraph (2)(A) with State mesonet programs fully comply
                with the requirements of that paragraph; and
                    (iii) the heads of other agencies, including the
                Secretary, the Chief of the Natural Resources Conservation
                Service, the Director of the United States Geological
                Survey, and the Commissioner of Reclamation, are utilizing
                the data generated by the network to better inform and
                improve the missions of those agencies.
                (B) Report required.--Not later than 270 days after
            initiating the audit required by subparagraph (A), the
            Comptroller General shall submit to the appropriate
            congressional committees a report setting forth the findings of
            the audit.
            (6) Appropriate congressional committees defined.--In this
        subsection, the term ``appropriate congressional committees''
        means--
                (A) the Committee on Commerce, Science, and Transportation,
            the Committee on Environment and Public Works, and the
            Committee on Energy and Natural Resources of the Senate; and
                (B) the Committee on Transportation and Infrastructure, the
            Committee on Science, Space, and Technology, and the Committee
            on Natural Resources of the House of Representatives.
        SEC. 512. GREAT LAKES ST. LAWRENCE SEAWAY DEVELOPMENT CORPORATION.
        (a) Renaming the Saint Lawrence Seaway Development Corporation.--
    The Act of May 13, 1954 (33 U.S.C. 981 et seq.) is amended--
            (1) in section 1 (33 U.S.C. 981), by striking ``Saint Lawrence
        Seaway Development Corporation'' and inserting ``Great Lakes St.
        Lawrence Seaway Development Corporation''; and
            (2) in section 2(b) (33 U.S.C. 982(b)), by striking ``Saint
        Lawrence Seaway Development Corporation'' and inserting ``Great
        Lakes St. Lawrence Seaway Development Corporation''.
        (b) References.--Any reference to the Saint Lawrence Seaway
    Development Corporation in any law, regulation, document, record,
    Executive order, or other paper of the United States shall be deemed to
    be a reference to the Great Lakes St. Lawrence Seaway Development
    Corporation.
        (c) Technical and Conforming Amendments.--
            (1) Title 5.--Section 5315 of title 5, United States Code, is
        amended by striking ``Saint Lawrence Seaway Development
        Corporation'' and inserting ``Great Lakes St. Lawrence Seaway
        Development Corporation''.
            (2) Title 18.--Section 2282B of title 18, United States Code,
        is amended by striking ``Saint Lawrence Seaway Development
        Corporation'' and inserting ``Great Lakes St. Lawrence Seaway
        Development Corporation''.
            (3) Internal revenue code.--Section 9505(a)(2) of the Internal
        Revenue Code of 1986 (26 U.S.C. 9505(a)(2)) is amended by striking
        ``Saint Lawrence Seaway Development Corporation'' and inserting
        ``Great Lakes St. Lawrence Seaway Development Corporation''.
            (4) Title 31.--Section 9101(3)(K) of title 31, United States
        Code, is amended by striking ``Saint Lawrence Seaway Development
        Corporation'' and inserting ``Great Lakes St. Lawrence Seaway
        Development Corporation''.
            (5) Water resources development act of 1986.--The Water
        Resources Development Act of 1986 (33 U.S.C. 2211 et seq.) is
        amended--
                (A) in section 206 (33 U.S.C. 2234), by striking ``Saint
            Lawrence Seaway Development Corporation'' and inserting ``Great
            Lakes St. Lawrence Seaway Development Corporation'';
                (B) in section 210(a)(1) (33 U.S.C. 2238(a)(1)), by
            striking ``Saint Lawrence Seaway Development Corporation'' and
            inserting ``Great Lakes St. Lawrence Seaway Development
            Corporation'';
                (C) in section 214(2)(B) (33 U.S.C. 2241(2)(B)), by
            striking ``Saint Lawrence Seaway Development Corporation'' and
            inserting ``Great Lakes St. Lawrence Seaway Development
            Corporation''; and
                (D) in section 1132(b) (33 U.S.C. 2309(b)), by striking
            ``Saint Lawrence Seaway Development Corporation'' and inserting
            ``Great Lakes St. Lawrence Seaway Development Corporation''
            each place it appears.
            (6) Title 46.--Title 46, United States Code, is amended--
                (A) in section 2109, by striking ``Saint Lawrence Seaway
            Development Corporation'' and inserting ``Great Lakes St.
            Lawrence Seaway Development Corporation'';
                (B) in section 8103(g), by striking ``Saint Lawrence Seaway
            Development Corporation'' and inserting ``Great Lakes St.
            Lawrence Seaway Development Corporation'';
                (C) in section 8503(c), by striking ``Saint Lawrence Seaway
            Development Corporation'' and inserting ``Great Lakes St.
            Lawrence Seaway Development Corporation'';
                (D) in section 55112(a)(3), by striking ``St. Lawrence
            Seaway Development Corporation'' and inserting ``Great Lakes
            St. Lawrence Seaway Development Corporation'';
                (E) in section 55331(3), by striking ``Saint Lawrence
            Seaway Development Corporation'' and inserting ``Great Lakes
            St. Lawrence Seaway Development Corporation''; and
                (F) in section 70032, by striking ``Saint Lawrence Seaway
            Development Corporation'' and inserting ``Great Lakes St.
            Lawrence Seaway Development Corporation'' each place it
            appears.
            (7) Title 49.--
                (A) In general.--Title 49, United States Code, is amended--
                    (i) in section 110--

                        (I) in the heading, by striking ``Saint Lawrence
                    Seaway Development Corporation'' and inserting ``Great
                    Lakes St. Lawrence Seaway Development Corporation'';
                    and
                        (II) in subsection (a), by striking ``Saint
                    Lawrence Seaway Development Corporation'' and inserting
                    ``Great Lakes St. Lawrence Seaway Development
                    Corporation''; and

                    (ii) in section 6314(c)(2)(G), by striking ``Saint
                Lawrence Seaway Development Corporation'' and inserting
                ``Great Lakes St. Lawrence Seaway Development
                Corporation''.
                (B) Table of sections.--The table of sections for chapter 1
            of subtitle I of title 49, United States Code, is amended by
            amending the item relating to section 110 to read as follows:

    ``110. Great Lakes St. Lawrence Seaway Development Corporation.''.

       DIVISION BB--PRIVATE HEALTH INSURANCE AND PUBLIC HEALTH PROVISIONS

    SEC. 1. TABLE OF CONTENTS.
        The table of contents of the division is as follows:

       DIVISION BB--PRIVATE HEALTH INSURANCE AND PUBLIC HEALTH PROVISIONS

    Sec. 1. Table of contents.

                            TITLE I--NO SURPRISES ACT

    Sec. 101. Short title.
    Sec. 102. Health insurance requirements regarding surprise medical
              billing.
    Sec. 103. Determination of out-of-network rates to be paid by health
              plans; Independent dispute resolution process.
    Sec. 104. Health care provider requirements regarding surprise medical
              billing.
    Sec. 105. Ending surprise air ambulance bills.
    Sec. 106. Reporting requirements regarding air ambulance services.
    Sec. 107. Transparency regarding in-network and out-of-network
              deductibles and out-of-pocket limitations.
    Sec. 108. Implementing protections against provider discrimination.
    Sec. 109. Reports.
    Sec. 110. Consumer protections through application of health plan
              external review in cases of certain surprise medical bills.
    Sec. 111. Consumer protections through health plan requirement for fair
              and honest advance cost estimate.
    Sec. 112. Patient protections through transparency and patient-provider
              dispute resolution.
    Sec. 113. Ensuring continuity of care.
    Sec. 114. Maintenance of price comparison tool.
    Sec. 115. State All Payer Claims Databases.
    Sec. 116. Protecting patients and improving the accuracy of provider
              directory information.
    Sec. 117. Advisory committee on ground ambulance and patient billing.
    Sec. 118. Implementation funding.

                             TITLE II--TRANSPARENCY

    Sec. 201. Increasing transparency by removing gag clauses on price and
              quality information.
    Sec. 202. Disclosure of direct and indirect compensation for brokers and
              consultants to employer-sponsored health plans and enrollees
              in plans on the individual market.
    Sec. 203. Strengthening parity in mental health and substance use
              disorder benefits.
    Sec. 204. Reporting on pharmacy benefits and drug costs.

                       TITLE III--PUBLIC HEALTH PROVISIONS

                        Subtitle A--Extenders Provisions

    Sec. 301. Extension for community health centers, the National Health
              Service Corps, and teaching health centers that operate GME
              programs.
    Sec. 302. Diabetes programs.

                     Subtitle B--Strengthening Public Health

    Sec. 311. Improving awareness of disease prevention.
    Sec. 312. Guide on evidence-based strategies for public health
              department obesity prevention programs.
    Sec. 313. Expanding capacity for health outcomes.
    Sec. 314. Public health data system modernization.
    Sec. 315. Native American suicide prevention.
    Sec. 316. Reauthorization of the Young Women's Breast Health Education
              and Awareness Requires Learning Young Act of 2009.
    Sec. 317. Reauthorization of school-based health centers.

                           Subtitle C--FDA Amendments

    Sec. 321. Rare pediatric disease priority review voucher extension.
    Sec. 322. Conditions of use for biosimilar biological products.
    Sec. 323. Orphan drug clarification.
    Sec. 324. Modernizing the labeling of certain generic drugs.
    Sec. 325. Biological product patent transparency.

                        Subtitle D--Technical Corrections

    Sec. 331. Technical corrections.

                           TITLE I--NO SURPRISES ACT

        SEC. 101. SHORT TITLE.
        This title may be cited as the ``No Surprises Act''.
        SEC. 102. HEALTH INSURANCE REQUIREMENTS REGARDING SURPRISE MEDICAL
          BILLING.
        (a) Public Health Service Act Amendments.--
            (1) In general.--Title XXVII of the Public Health Service Act
        (42 U.S.C. 300gg et seq.) is amended by adding at the end the
        following new part:

                    ``PART D--ADDITIONAL COVERAGE PROVISIONS

    ``SEC. 2799A-1. PREVENTING SURPRISE MEDICAL BILLS.
        ``(a) Coverage of Emergency Services.--
            ``(1) In general.--If a group health plan, or a health
        insurance issuer offering group or individual health insurance
        coverage, provides or covers any benefits with respect to services
        in an emergency department of a hospital or with respect to
        emergency services in an independent freestanding emergency
        department (as defined in paragraph (3)(D)), the plan or issuer
        shall cover emergency services (as defined in paragraph (3)(C))--
                ``(A) without the need for any prior authorization
            determination;
                ``(B) whether the health care provider furnishing such
            services is a participating provider or a participating
            emergency facility, as applicable, with respect to such
            services;
                ``(C) in a manner so that, if such services are provided to
            a participant, beneficiary, or enrollee by a nonparticipating
            provider or a nonparticipating emergency facility--
                    ``(i) such services will be provided without imposing
                any requirement under the plan or coverage for prior
                authorization of services or any limitation on coverage
                that is more restrictive than the requirements or
                limitations that apply to emergency services received from
                participating providers and participating emergency
                facilities with respect to such plan or coverage,
                respectively;
                    ``(ii) the cost-sharing requirement is not greater than
                the requirement that would apply if such services were
                provided by a participating provider or a participating
                emergency facility;
                    ``(iii) such cost-sharing requirement is calculated as
                if the total amount that would have been charged for such
                services by such participating provider or participating
                emergency facility were equal to the recognized amount (as
                defined in paragraph (3)(H)) for such services, plan or
                coverage, and year;
                    ``(iv) the group health plan or health insurance
                issuer, respectively--

                        ``(I) not later than 30 calendar days after the
                    bill for such services is transmitted by such provider
                    or facility, sends to the provider or facility, as
                    applicable, an initial payment or notice of denial of
                    payment; and
                        ``(II) pays a total plan or coverage payment
                    directly to such provider or facility, respectively (in
                    accordance, if applicable, with the timing requirement
                    described in subsection (c)(6)) that is, with
                    application of any initial payment under subclause (I),
                    equal to the amount by which the out-of-network rate
                    (as defined in paragraph (3)(K)) for such services
                    exceeds the cost-sharing amount for such services (as
                    determined in accordance with clauses (ii) and (iii))
                    and year; and

                    ``(v) any cost-sharing payments made by the
                participant, beneficiary, or enrollee with respect to such
                emergency services so furnished shall be counted toward any
                in-network deductible or out-of-pocket maximums applied
                under the plan or coverage, respectively (and such in-
                network deductible and out-of-pocket maximums shall be
                applied) in the same manner as if such cost-sharing
                payments were made with respect to emergency services
                furnished by a participating provider or a participating
                emergency facility; and
                ``(D) without regard to any other term or condition of such
            coverage (other than exclusion or coordination of benefits, or
            an affiliation or waiting period, permitted under section 2704
            of this Act, including as incorporated pursuant to section 715
            of the Employee Retirement Income Security Act of 1974 and
            section 9815 of the Internal Revenue Code of 1986, and other
            than applicable cost-sharing).
            ``(2) Audit process and regulations for qualifying payment
        amounts.--
                ``(A) Audit process.--
                    ``(i) In general.--Not later than October 1, 2021, the
                Secretary, in consultation with the Secretary of Labor and
                the Secretary of the Treasury, shall establish through
                rulemaking a process, in accordance with clause (ii), under
                which group health plans and health insurance issuers
                offering group or individual health insurance coverage are
                audited by the Secretary or applicable State authority to
                ensure that--

                        ``(I) such plans and coverage are in compliance
                    with the requirement of applying a qualifying payment
                    amount under this section; and
                        ``(II) such qualifying payment amount so applied
                    satisfies the definition under paragraph (3)(E) with
                    respect to the year involved, including with respect to
                    a group health plan or health insurance issuer
                    described in clause (ii) of such paragraph (3)(E).

                    ``(ii) Audit samples.--Under the process established
                pursuant to clause (i), the Secretary--

                        ``(I) shall conduct audits described in such
                    clause, with respect to a year (beginning with 2022),
                    of a sample with respect to such year of claims data
                    from not more than 25 group health plans and health
                    insurance issuers offering group or individual health
                    insurance coverage; and
                        ``(II) may audit any group health plan or health
                    insurance issuer offering group or individual health
                    insurance coverage if the Secretary has received any
                    complaint or other information about such plan or
                    coverage, respectively, that involves the compliance of
                    the plan or coverage, respectively, with either of the
                    requirements described in subclauses (I) and (II) of
                    such clause.

                    ``(iii) Reports.--Beginning for 2022, the Secretary
                shall annually submit to Congress a report on the number of
                plans and issuers with respect to which audits were
                conducted during such year pursuant to this subparagraph.
                ``(B) Rulemaking.--Not later than July 1, 2021, the
            Secretary, in consultation with the Secretary of Labor and the
            Secretary of the Treasury, shall establish through rulemaking--
                    ``(i) the methodology the group health plan or health
                insurance issuer offering group or individual health
                insurance coverage shall use to determine the qualifying
                payment amount, differentiating by individual market, large
                group market, and small group market;
                    ``(ii) the information such plan or issuer,
                respectively, shall share with the nonparticipating
                provider or nonparticipating facility, as applicable, when
                making such a determination;
                    ``(iii) the geographic regions applied for purposes of
                this subparagraph, taking into account access to items and
                services in rural and underserved areas, including health
                professional shortage areas, as defined in section 332; and
                    ``(iv) a process to receive complaints of violations of
                the requirements described in subclauses (I) and (II) of
                subparagraph (A)(i) by group health plans and health
                insurance issuers offering group or individual health
                insurance coverage.
            Such rulemaking shall take into account payments that are made
            by such plan or issuer, respectively, that are not on a fee-
            for-service basis. Such methodology may account for relevant
            payment adjustments that take into account quality or facility
            type (including higher acuity settings and the case-mix of
            various facility types) that are otherwise taken into account
            for purposes of determining payment amounts with respect to
            participating facilities. In carrying out clause (iii), the
            Secretary shall consult with the National Association of
            Insurance Commissioners to establish the geographic regions
            under such clause and shall periodically update such regions,
            as appropriate, taking into account the findings of the report
            submitted under section 109(a) of the No Surprises Act.
            ``(3) Definitions.--In this part and part E:
                ``(A) Emergency department of a hospital.--The term
            `emergency department of a hospital' includes a hospital
            outpatient department that provides emergency services (as
            defined in subparagraph (C)(i)).
                ``(B) Emergency medical condition.--The term `emergency
            medical condition' means a medical condition manifesting itself
            by acute symptoms of sufficient severity (including severe
            pain) such that a prudent layperson, who possesses an average
            knowledge of health and medicine, could reasonably expect the
            absence of immediate medical attention to result in a condition
            described in clause (i), (ii), or (iii) of section
            1867(e)(1)(A) of the Social Security Act.
                ``(C) Emergency services.--
                    ``(i) In general.--The term `emergency services', with
                respect to an emergency medical condition, means--

                        ``(I) a medical screening examination (as required
                    under section 1867 of the Social Security Act, or as
                    would be required under such section if such section
                    applied to an independent freestanding emergency
                    department) that is within the capability of the
                    emergency department of a hospital or of an independent
                    freestanding emergency department, as applicable,
                    including ancillary services routinely available to the
                    emergency department to evaluate such emergency medical
                    condition; and
                        ``(II) within the capabilities of the staff and
                    facilities available at the hospital or the independent
                    freestanding emergency department, as applicable, such
                    further medical examination and treatment as are
                    required under section 1867 of such Act, or as would be
                    required under such section if such section applied to
                    an independent freestanding emergency department, to
                    stabilize the patient (regardless of the department of
                    the hospital in which such further examination or
                    treatment is furnished).

                    ``(ii) Inclusion of additional services.--

                        ``(I) In general.--For purposes of this subsection
                    and section 2799B-1, in the case of a participant,
                    beneficiary, or enrollee who is enrolled in a group
                    health plan or group or individual health insurance
                    coverage offered by a health insurance issuer and who
                    is furnished services described in clause (i) with
                    respect to an emergency medical condition, the term
                    `emergency services' shall include, unless each of the
                    conditions described in subclause (II) are met, in
                    addition to the items and services described in clause
                    (i), items and services--

                            ``(aa) for which benefits are provided or
                        covered under the plan or coverage, respectively;
                        and
                            ``(bb) that are furnished by a nonparticipating
                        provider or nonparticipating emergency facility
                        (regardless of the department of the hospital in
                        which such items or services are furnished) after
                        the participant, beneficiary, or enrollee is
                        stabilized and as part of outpatient observation or
                        an inpatient or outpatient stay with respect to the
                        visit in which the services described in clause (i)
                        are furnished.

                        ``(II) Conditions.--For purposes of subclause (I),
                    the conditions described in this subclause, with
                    respect to a participant, beneficiary, or enrollee who
                    is stabilized and furnished additional items and
                    services described in subclause (I) after such
                    stabilization by a provider or facility described in
                    subclause (I), are the following;

                            ``(aa) Such provider or facility determines
                        such individual is able to travel using nonmedical
                        transportation or nonemergency medical
                        transportation.
                            ``(bb) Such provider furnishing such additional
                        items and services satisfies the notice and consent
                        criteria of section 2799B-2(d) with respect to such
                        items and services.
                            ``(cc) Such individual is in a condition to
                        receive (as determined in accordance with
                        guidelines issued by the Secretary pursuant to
                        rulemaking) the information described in section
                        2799B-2 and to provide informed consent under such
                        section, in accordance with applicable State law.
                            ``(dd) Such other conditions, as specified by
                        the Secretary, such as conditions relating to
                        coordinating care transitions to participating
                        providers and facilities.
                ``(D) Independent freestanding emergency department.--The
            term `independent freestanding emergency department' means a
            health care facility that--
                    ``(i) is geographically separate and distinct and
                licensed separately from a hospital under applicable State
                law; and
                    ``(ii) provides any of the emergency services (as
                defined in subparagraph (C)(i)).
                ``(E) Qualifying payment amount.--
                    ``(i) In general.--The term `qualifying payment amount'
                means, subject to clauses (ii) and (iii), with respect to a
                sponsor of a group health plan and health insurance issuer
                offering group or individual health insurance coverage--

                        ``(I) for an item or service furnished during 2022,
                    the median of the contracted rates recognized by the
                    plan or issuer, respectively (determined with respect
                    to all such plans of such sponsor or all such coverage
                    offered by such issuer that are offered within the same
                    insurance market (specified in subclause (I), (II),
                    (III), or (IV) of clause (iv)) as the plan or coverage)
                    as the total maximum payment (including the cost-
                    sharing amount imposed for such item or service and the
                    amount to be paid by the plan or issuer, respectively)
                    under such plans or coverage, respectively, on January
                    31, 2019, for the same or a similar item or service
                    that is provided by a provider in the same or similar
                    specialty and provided in the geographic region in
                    which the item or service is furnished, consistent with
                    the methodology established by the Secretary under
                    paragraph (2)(B), increased by the percentage increase
                    in the consumer price index for all urban consumers
                    (United States city average) over 2019, such percentage
                    increase over 2020, and such percentage increase over
                    2021; and
                        ``(II) for an item or service furnished during 2023
                    or a subsequent year, the qualifying payment amount
                    determined under this clause for such an item or
                    service furnished in the previous year, increased by
                    the percentage increase in the consumer price index for
                    all urban consumers (United States city average) over
                    such previous year.

                    ``(ii) New plans and coverage.--The term `qualifying
                payment amount' means, with respect to a sponsor of a group
                health plan or health insurance issuer offering group or
                individual health insurance coverage in a geographic region
                in which such sponsor or issuer, respectively, did not
                offer any group health plan or health insurance coverage
                during 2019--

                        ``(I) for the first year in which such group health
                    plan, group health insurance coverage, or individual
                    health insurance coverage, respectively, is offered in
                    such region, a rate (determined in accordance with a
                    methodology established by the Secretary) for items and
                    services that are covered by such plan or coverage and
                    furnished during such first year; and
                        ``(II) for each subsequent year such group health
                    plan, group health insurance coverage, or individual
                    health insurance coverage, respectively, is offered in
                    such region, the qualifying payment amount determined
                    under this clause for such items and services furnished
                    in the previous year, increased by the percentage
                    increase in the consumer price index for all urban
                    consumers (United States city average) over such
                    previous year.

                    ``(iii) Insufficient information; newly covered items
                and services.--In the case of a sponsor of a group health
                plan or health insurance issuer offering group or
                individual health insurance coverage that does not have
                sufficient information to calculate the median of the
                contracted rates described in clause (i)(I) in 2019 (or, in
                the case of a newly covered item or service (as defined in
                clause (v)(III)), in the first coverage year (as defined in
                clause (v)(I)) for such item or service with respect to
                such plan or coverage) for an item or service (including
                with respect to provider type, or amount, of claims for
                items or services (as determined by the Secretary) provided
                in a particular geographic region (other than in a case
                with respect to which clause (ii) applies)) the term
                `qualifying payment amount'--

                        ``(I) for an item or service furnished during 2022
                    (or, in the case of a newly covered item or service,
                    during the first coverage year for such item or service
                    with respect to such plan or coverage), means such rate
                    for such item or service determined by the sponsor or
                    issuer, respectively, through use of any database that
                    is determined, in accordance with rulemaking described
                    in paragraph (2)(B), to not have any conflicts of
                    interest and to have sufficient information reflecting
                    allowed amounts paid to a health care provider or
                    facility for relevant services furnished in the
                    applicable geographic region (such as a State all-payer
                    claims database);
                        ``(II) for an item or service furnished in a
                    subsequent year (before the first sufficient
                    information year (as defined in clause (v)(II)) for
                    such item or service with respect to such plan or
                    coverage), means the rate determined under subclause
                    (I) or this subclause, as applicable, for such item or
                    service for the year previous to such subsequent year,
                    increased by the percentage increase in the consumer
                    price index for all urban consumers (United States city
                    average) over such previous year;
                        ``(III) for an item or service furnished in the
                    first sufficient information year for such item or
                    service with respect to such plan or coverage, has the
                    meaning given the term qualifying payment amount in
                    clause (i)(I), except that in applying such clause to
                    such item or service, the reference to `furnished
                    during 2022' shall be treated as a reference to
                    furnished during such first sufficient information
                    year, the reference to `in 2019' shall be treated as a
                    reference to such sufficient information year, and the
                    increase described in such clause shall not be applied;
                    and
                        ``(IV) for an item or service furnished in any year
                    subsequent to the first sufficient information year for
                    such item or service with respect to such plan or
                    coverage, has the meaning given such term in clause
                    (i)(II), except that in applying such clause to such
                    item or service, the reference to `furnished during
                    2023 or a subsequent year' shall be treated as a
                    reference to furnished during the year after such first
                    sufficient information year or a subsequent year.

                    ``(iv) Insurance market.--For purposes of clause
                (i)(I), a health insurance market specified in this clause
                is one of the following:

                        ``(I) The individual market.
                        ``(II) The large group market (other than plans
                    described in subclause (IV)).
                        ``(III) The small group market (other than plans
                    described in subclause (IV)).
                        ``(IV) In the case of a self-insured group health
                    plan, other self-insured group health plans.

                    ``(v) Definitions.--For purposes of this subparagraph:

                        ``(I) First coverage year.--The term `first
                    coverage year' means, with respect to a group health
                    plan or group or individual health insurance coverage
                    offered by a health insurance issuer and an item or
                    service for which coverage is not offered in 2019 under
                    such plan or coverage, the first year after 2019 for
                    which coverage for such item or service is offered
                    under such plan or health insurance coverage.
                        ``(II) First sufficient information year.--The term
                    `first sufficient information year' means, with respect
                    to a group health plan or group or individual health
                    insurance coverage offered by a health insurance
                    issuer--

                            ``(aa) in the case of an item or service for
                        which the plan or coverage does not have sufficient
                        information to calculate the median of the
                        contracted rates described in clause (i)(I) in
                        2019, the first year subsequent to 2022 for which
                        the sponsor or issuer has such sufficient
                        information to calculate the median of such
                        contracted rates in the year previous to such first
                        subsequent year; and
                            ``(bb) in the case of a newly covered item or
                        service, the first year subsequent to the first
                        coverage year for such item or service with respect
                        to such plan or coverage for which the sponsor or
                        issuer has sufficient information to calculate the
                        median of the contracted rates described in clause
                        (i)(I) in the year previous to such first
                        subsequent year.

                        ``(III) Newly covered item or service.--The term
                    `newly covered item or service' means, with respect to
                    a group health plan or group or individual health
                    insurance issuer offering health insurance coverage, an
                    item or service for which coverage was not offered in
                    2019 under such plan or coverage, but is offered under
                    such plan or coverage in a year after 2019.

                ``(F) Nonparticipating emergency facility; participating
            emergency facility.--
                    ``(i) Nonparticipating emergency facility.--The term
                `nonparticipating emergency facility' means, with respect
                to an item or service and a group health plan or group or
                individual health insurance coverage offered by a health
                insurance issuer, an emergency department of a hospital, or
                an independent freestanding emergency department, that does
                not have a contractual relationship directly or indirectly
                with the plan or issuer, respectively, for furnishing such
                item or service under the plan or coverage, respectively.
                    ``(ii) Participating emergency facility.--The term
                `participating emergency facility' means, with respect to
                an item or service and a group health plan or group or
                individual health insurance coverage offered by a health
                insurance issuer, an emergency department of a hospital, or
                an independent freestanding emergency department, that has
                a contractual relationship directly or indirectly with the
                plan or issuer, respectively, with respect to the
                furnishing of such an item or service at such facility.
                ``(G) Nonparticipating providers; participating
            providers.--
                    ``(i) Nonparticipating provider.--The term
                `nonparticipating provider' means, with respect to an item
                or service and a group health plan or group or individual
                health insurance coverage offered by a health insurance
                issuer, a physician or other health care provider who is
                acting within the scope of practice of that provider's
                license or certification under applicable State law and who
                does not have a contractual relationship with the plan or
                issuer, respectively, for furnishing such item or service
                under the plan or coverage, respectively.
                    ``(ii) Participating provider.--The term `participating
                provider' means, with respect to an item or service and a
                group health plan or group or individual health insurance
                coverage offered by a health insurance issuer, a physician
                or other health care provider who is acting within the
                scope of practice of that provider's license or
                certification under applicable State law and who has a
                contractual relationship with the plan or issuer,
                respectively, for furnishing such item or service under the
                plan or coverage, respectively.
                ``(H) Recognized amount.--The term `recognized amount'
            means, with respect to an item or service furnished by a
            nonparticipating provider or nonparticipating emergency
            facility during a year and a group health plan or group or
            individual health insurance coverage offered by a health
            insurance issuer--
                    ``(i) subject to clause (iii), in the case of such item
                or service furnished in a State that has in effect a
                specified State law with respect to such plan, coverage, or
                issuer, respectively; such a nonparticipating provider or
                nonparticipating emergency facility; and such an item or
                service, the amount determined in accordance with such law;
                    ``(ii) subject to clause (iii), in the case of such
                item or service furnished in a State that does not have in
                effect a specified State law, with respect to such plan,
                coverage, or issuer, respectively; such a nonparticipating
                provider or nonparticipating emergency facility; and such
                an item or service, the amount that is the qualifying
                payment amount (as defined in subparagraph (E)) for such
                year and determined in accordance with rulemaking described
                in paragraph (2)(B)) for such item or service; or
                    ``(iii) in the case of such item or service furnished
                in a State with an All-Payer Model Agreement under section
                1115A of the Social Security Act, the amount that the State
                approves under such system for such item or service so
                furnished.
                ``(I) Specified state law.--The term `specified State law'
            means, with respect to a State, an item or service furnished by
            a nonparticipating provider or nonparticipating emergency
            facility during a year and a group health plan or group or
            individual health insurance coverage offered by a health
            insurance issuer, a State law that provides for a method for
            determining the total amount payable under such a plan,
            coverage, or issuer, respectively (to the extent such State law
            applies to such plan, coverage, or issuer, subject to section
            514 of the Employee Retirement Income Security Act of 1974) in
            the case of a participant, beneficiary, or enrollee covered
            under such plan or coverage and receiving such item or service
            from such a nonparticipating provider or nonparticipating
            emergency facility.
                ``(J) Stabilize.--The term `to stabilize', with respect to
            an emergency medical condition (as defined in subparagraph
            (B)), has the meaning give in section 1867(e)(3) of the Social
            Security Act (42 U.S.C. 1395dd(e)(3)).
                ``(K) Out-of-network rate.--The term `out-of-network rate'
            means, with respect to an item or service furnished in a State
            during a year to a participant, beneficiary, or enrollee of a
            group health plan or group or individual health insurance
            coverage offered by a health insurance issuer receiving such
            item or service from a nonparticipating provider or
            nonparticipating emergency facility--
                    ``(i) subject to clause (iii), in the case of such item
                or service furnished in a State that has in effect a
                specified State law with respect to such plan, coverage, or
                issuer, respectively; such a nonparticipating provider or
                nonparticipating emergency facility; and such an item or
                service, the amount determined in accordance with such law;
                    ``(ii) subject to clause (iii), in the case such State
                does not have in effect such a law with respect to such
                item or service, plan, and provider or facility--

                        ``(I) subject to subclause (II), if the provider or
                    facility (as applicable) and such plan or coverage
                    agree on an amount of payment (including if such agreed
                    on amount is the initial payment sent by the plan under
                    subsection (a)(1)(C)(iv)(I),subsection (b)(1)(C), or
                    section 2799A-2(a)(3)(A), as applicable, or is agreed
                    on through open negotiations under subsection (c)(1))
                    with respect to such item or service, such agreed on
                    amount; or
                        ``(II) if such provider or facility (as applicable)
                    and such plan or coverage enter the independent dispute
                    resolution process under subsection (c) and do not so
                    agree before the date on which a certified IDR entity
                    (as defined in paragraph (4) of such subsection) makes
                    a determination with respect to such item or service
                    under such subsection, the amount of such
                    determination; or

                    ``(iii) in the case such State has an All-Payer Model
                Agreement under section 1115A of the Social Security Act,
                the amount that the State approves under such system for
                such item or service so furnished.
                ``(L) Cost-sharing.--The term `cost-sharing' includes
            copayments, coinsurance, and deductibles.
        ``(b) Coverage of Non-emergency Services Performed by
    Nonparticipating Providers at Certain Participating Facilities.--
            ``(1) In general.--In the case of items or services (other than
        emergency services to which subsection (a) applies) for which any
        benefits are provided or covered by a group health plan or health
        insurance issuer offering group or individual health insurance
        coverage furnished to a participant, beneficiary, or enrollee of
        such plan or coverage by a nonparticipating provider (as defined in
        subsection (a)(3)(G)(i)) (and who, with respect to such items and
        services, has not satisfied the notice and consent criteria of
        section 2799B-2(d)) with respect to a visit (as defined by the
        Secretary in accordance with paragraph (2)(B)) at a participating
        health care facility (as defined in paragraph (2)(A)), with respect
        to such plan or coverage, respectively, the plan or coverage,
        respectively--
                ``(A) shall not impose on such participant, beneficiary, or
            enrollee a cost-sharing requirement for such items and services
            so furnished that is greater than the cost-sharing requirement
            that would apply under such plan or coverage, respectively, had
            such items or services been furnished by a participating
            provider (as defined in subsection (a)(3)(G)(ii));
                ``(B) shall calculate such cost-sharing requirement as if
            the total amount that would have been charged for such items
            and services by such participating provider were equal to the
            recognized amount (as defined in subsection (a)(3)(H)) for such
            items and services, plan or coverage, and year;
                ``(C) not later than 30 calendar days after the bill for
            such services is transmitted by such provider, shall send to
            the provider an initial payment or notice of denial of payment;
                ``(D) shall pay a total plan or coverage payment directly,
            in accordance, if applicable,with the timing requirement
            described in subsection (c)(6), to such provider furnishing
            such items and services to such participant, beneficiary, or
            enrollee that is, with application of any initial payment under
            subparagraph (C), equal to the amount by which the out-of-
            network rate (as defined in subsection (a)(3)(K)) for such
            items and services involved exceeds the cost-sharing amount
            imposed under the plan or coverage, respectively, for such
            items and services (as determined in accordance with
            subparagraphs (A) and (B)) and year; and
                ``(E) shall count toward any in-network deductible and in-
            network out-of-pocket maximums (as applicable) applied under
            the plan or coverage, respectively, any cost-sharing payments
            made by the participant, beneficiary, or enrollee (and such in-
            network deductible and out-of-pocket maximums shall be applied)
            with respect to such items and services so furnished in the
            same manner as if such cost-sharing payments were with respect
            to items and services furnished by a participating provider.
            ``(2) Definitions.--In this section:
                ``(A) Participating health care facility.--
                    ``(i) In general.--The term `participating health care
                facility' means, with respect to an item or service and a
                group health plan or health insurance issuer offering group
                or individual health insurance coverage, a health care
                facility described in clause (ii) that has a direct or
                indirect contractual relationship with the plan or issuer,
                respectively, with respect to the furnishing of such an
                item or service at the facility.
                    ``(ii) Health care facility described.--A health care
                facility described in this clause, with respect to a group
                health plan or group or individual health insurance
                coverage, is each of the following:

                        ``(I) A hospital (as defined in 1861(e) of the
                    Social Security Act).
                        ``(II) A hospital outpatient department.
                        ``(III) A critical access hospital (as defined in
                    section 1861(mm)(1) of such Act).
                        ``(IV) An ambulatory surgical center described in
                    section 1833(i)(1)(A) of such Act.
                        ``(V) Any other facility, specified by the
                    Secretary, that provides items or services for which
                    coverage is provided under the plan or coverage,
                    respectively.

                ``(B) Visit.--The term `visit' shall, with respect to items
            and services furnished to an individual at a health care
            facility, include equipment and devices, telemedicine services,
            imaging services, laboratory services, preoperative and
            postoperative services, and such other items and services as
            the Secretary may specify, regardless of whether or not the
            provider furnishing such items or services is at the facility.
        ``(c) Certain Access Fees to Certain Databases.--In the case of a
    sponsor of a group health plan or health insurance issuer offering
    group or individual health insurance coverage that, pursuant to
    subsection (a)(3)(E)(iii), uses a database described in such subsection
    to determine a rate to apply under such subsection for an item or
    service by reason of having insufficient information described in such
    subsection with respect to such item or service, such sponsor or issuer
    shall cover the cost for access to such database.''.
            (2) Transfer amendment.--Part D of title XXVII of the Public
        Health Service Act, as added by paragraph (1), is amended by adding
        at the end the following new section:
    ``SEC. 2799A-7. OTHER PATIENT PROTECTIONS.
        ``(a) Choice of Health Care Professional.--If a group health plan,
    or a health insurance issuer offering group or individual health
    insurance coverage, requires or provides for designation by a
    participant, beneficiary, or enrollee of a participating primary care
    provider, then the plan or issuer shall permit each participant,
    beneficiary, and enrollee to designate any participating primary care
    provider who is available to accept such individual.
        ``(b) Access to Pediatric Care.--
            ``(1) Pediatric care.--In the case of a person who has a child
        who is a participant, beneficiary, or enrollee under a group health
        plan, or group or individual health insurance coverage offered by a
        health insurance issuer, if the plan or issuer requires or provides
        for the designation of a participating primary care provider for
        the child, the plan or issuer shall permit such person to designate
        a physician (allopathic or osteopathic) who specializes in
        pediatrics as the child's primary care provider if such provider
        participates in the network of the plan or issuer.
            ``(2) Construction.--Nothing in paragraph (1) shall be
        construed to waive any exclusions of coverage under the terms and
        conditions of the plan or health insurance coverage with respect to
        coverage of pediatric care.
        ``(c) Patient Access to Obstetrical and Gynecological Care.--
            ``(1) General rights.--
                ``(A) Direct access.--A group health plan, or health
            insurance issuer offering group or individual health insurance
            coverage, described in paragraph (2) may not require
            authorization or referral by the plan, issuer, or any person
            (including a primary care provider described in paragraph
            (2)(B)) in the case of a female participant, beneficiary, or
            enrollee who seeks coverage for obstetrical or gynecological
            care provided by a participating health care professional who
            specializes in obstetrics or gynecology. Such professional
            shall agree to otherwise adhere to such plan's or issuer's
            policies and procedures, including procedures regarding
            referrals and obtaining prior authorization and providing
            services pursuant to a treatment plan (if any) approved by the
            plan or issuer.
                ``(B) Obstetrical and gynecological care.--A group health
            plan or health insurance issuer described in paragraph (2)
            shall treat the provision of obstetrical and gynecological
            care, and the ordering of related obstetrical and gynecological
            items and services, pursuant to the direct access described
            under subparagraph (A), by a participating health care
            professional who specializes in obstetrics or gynecology as the
            authorization of the primary care provider.
            ``(2) Application of paragraph.--A group health plan, or health
        insurance issuer offering group or individual health insurance
        coverage, described in this paragraph is a group health plan or
        health insurance coverage that--
                ``(A) provides coverage for obstetric or gynecologic care;
            and
                ``(B) requires the designation by a participant,
            beneficiary, or enrollee of a participating primary care
            provider.
            ``(3) Construction.--Nothing in paragraph (1) shall be
        construed to--
                ``(A) waive any exclusions of coverage under the terms and
            conditions of the plan or health insurance coverage with
            respect to coverage of obstetrical or gynecological care; or
                ``(B) preclude the group health plan or health insurance
            issuer involved from requiring that the obstetrical or
            gynecological provider notify the primary care health care
            professional or the plan or issuer of treatment decisions.''.
            (3) Conforming amendments.--
                (A) Section 2719A of the Public Health Service Act (42
            U.S.C. 300gg-19a) is amended by adding at the end the following
            new subsection:
        ``(e) Application.--The provisions of this section shall not apply
    with respect to a group health plan, health insurance issuers, or group
    or individual health insurance coverage with respect to plan years
    beginning on or on January 1, 2022.''.
                (B) Section 2722 of the Public Health Service Act (42
            U.S.C. 300gg-21) is amended--
                    (i) in subsection (a)(1), by inserting ``and part D''
                after ``subparts 1 and 2'';
                    (ii) in subsection (b), by inserting ``and part D''
                after ``subparts 1 and 2'';
                    (iii) in subsection (c)(1), by inserting ``and part D''
                after ``subparts 1 and 2'';
                    (iv) in subsection (c)(2), by inserting ``and part D''
                after ``subparts 1 and 2'';
                    (v) in subsection (c)(3), by inserting ``and part D''
                after ``this part''; and
                    (vi) in subsection (d), in the matter preceding
                paragraph (1), by inserting ``and part D'' after ``this
                part''.
                (C) Section 2723 of the Public Health Service Act (42
            U.S.C. 300gg-22) is amended--
                    (i) in subsection (a)(1), by inserting ``and part D''
                after ``this part'';
                    (ii) in subsection (a)(2), by inserting ``or part D''
                after ``this part'';
                    (iii) in subsection (b)(1), by inserting ``or part D''
                after ``this part'';
                    (iv) in subsection (b)(2)(A), by inserting ``or part
                D'' after ``this part''; and
                    (v) in subsection (b)(2)(C)(ii), by inserting ``and
                part D'' after ``this part''.
                (D) Section 2724 of the Public Health Service Act (42
            U.S.C. 300gg-23) is amended--
                    (i) in subsection (a)(1)--

                        (I) by striking ``this part and part C insofar as
                    it relates to this part'' and inserting ``this part,
                    part D, and part C insofar as it relates to this part
                    or part D''; and
                        (II) by inserting ``or part D'' after ``requirement
                    of this part'';

                    (ii) in subsection (a)(2), by inserting ``or part D''
                after ``this part''; and
                    (iii) in subsection (c), by inserting ``or part D''
                after ``this part (other than section 2704)''.
        (b) ERISA Amendments.--
            (1) In general.--Subpart B of part 7 of title I of the Employee
        Retirement Income Security Act of 1974 (29 U.S.C. 1185 et seq.) is
        amended by adding at the end the following:
        ``SEC. 716. PREVENTING SURPRISE MEDICAL BILLS.
        ``(a) Coverage of Emergency Services.--
            ``(1) In general.--If a group health plan, or a health
        insurance issuer offering group health insurance coverage, provides
        or covers any benefits with respect to services in an emergency
        department of a hospital or with respect to emergency services in
        an independent freestanding emergency department (as defined in
        paragraph (3)(D)), the plan or issuer shall cover emergency
        services (as defined in paragraph (3)(C))--
                ``(A) without the need for any prior authorization
            determination;
                ``(B) whether the health care provider furnishing such
            services is a participating provider or a participating
            emergency facility, as applicable, with respect to such
            services;
                ``(C) in a manner so that, if such services are provided to
            a participant or beneficiary by a nonparticipating provider or
            a nonparticipating emergency facility--
                    ``(i) such services will be provided without imposing
                any requirement under the plan for prior authorization of
                services or any limitation on coverage that is more
                restrictive than the requirements or limitations that apply
                to emergency services received from participating providers
                and participating emergency facilities with respect to such
                plan or coverage, respectively;
                    ``(ii) the cost-sharing requirement is not greater than
                the requirement that would apply if such services were
                provided by a participating provider or a participating
                emergency facility;
                    ``(iii) such cost-sharing requirement is calculated as
                if the total amount that would have been charged for such
                services by such participating provider or participating
                emergency facility were equal to the recognized amount (as
                defined in paragraph (3)(H)) for such services, plan or
                coverage, and year;
                    ``(iv) the group health plan or health insurance
                issuer, respectively--

                        ``(I) not later than 30 calendar days after the
                    bill for such services is transmitted by such provider
                    or facility, sends to the provider or facility, as
                    applicable, an initial payment or notice of denial of
                    payment; and
                        ``(II) pays a total plan or coverage payment
                    directly to such provider or facility, respectively (in
                    accordance, if applicable, with the timing requirement
                    described in subsection (c)(6)) that is, with
                    application of any initial payment under subclause (I),
                    equal to the amount by which the out-of-network rate
                    (as defined in paragraph (3)(K)) for such services
                    exceeds the cost-sharing amount for such services (as
                    determined in accordance with clauses (ii) and (iii))
                    and year; and

                    ``(v) any cost-sharing payments made by the participant
                or beneficiary with respect to such emergency services so
                furnished shall be counted toward any in-network deductible
                or out-of-pocket maximums applied under the plan or
                coverage, respectively (and such in-network deductible and
                out-of-pocket maximums shall be applied) in the same manner
                as if such cost-sharing payments were made with respect to
                emergency services furnished by a participating provider or
                a participating emergency facility; and
                ``(D) without regard to any other term or condition of such
            coverage (other than exclusion or coordination of benefits, or
            an affiliation or waiting period, permitted under section 2704
            of the Public Health Service Act, including as incorporated
            pursuant to section 715 of this Act and section 9815 of the
            Internal Revenue Code of 1986, and other than applicable cost-
            sharing).
            ``(2) Regulations for qualifying payment amounts.--Not later
        than July 1, 2021, the Secretary, in consultation with the
        Secretary of the Treasury and the Secretary of Health and Human
        Services, shall establish through rulemaking--
                ``(A) the methodology the group health plan or health
            insurance issuer offering health insurance coverage in the
            group market shall use to determine the qualifying payment
            amount, differentiating by large group market, and small group
            market;
                ``(B) the information such plan or issuer, respectively,
            shall share with the nonparticipating provider or
            nonparticipating facility, as applicable, when making such a
            determination;
                ``(C) the geographic regions applied for purposes of this
            subparagraph, taking into account access to items and services
            in rural and underserved areas, including health professional
            shortage areas, as defined in section 332 of the Public Health
            Service Act; and
                ``(D) a process to receive complaints of violations of the
            requirements described in subclauses (I) and (II) of
            subparagraph (A)(i) by group health plans and health insurance
            issuers offering health insurance coverage in the group market.
        Such rulemaking shall take into account payments that are made by
        such plan or issuer, respectively, that are not on a fee-for-
        service basis. Such methodology may account for relevant payment
        adjustments that take into account quality or facility type
        (including higher acuity settings and the case-mix of various
        facility types) that are otherwise taken into account for purposes
        of determining payment amounts with respect to participating
        facilities. In carrying out clause (iii), the Secretary shall
        consult with the National Association of Insurance Commissioners to
        establish the geographic regions under such clause and shall
        periodically update such regions, as appropriate, taking into
        account the findings of the report submitted under section 109(a)
        of the No Surprises Act.
            ``(3) Definitions.--In this subpart:
                ``(A) Emergency department of a hospital.--The term
            `emergency department of a hospital' includes a hospital
            outpatient department that provides emergency services (as
            defined in subparagraph (C)(i)).
                ``(B) Emergency medical condition.--The term `emergency
            medical condition' means a medical condition manifesting itself
            by acute symptoms of sufficient severity (including severe
            pain) such that a prudent layperson, who possesses an average
            knowledge of health and medicine, could reasonably expect the
            absence of immediate medical attention to result in a condition
            described in clause (i), (ii), or (iii) of section
            1867(e)(1)(A) of the Social Security Act.
                ``(C) Emergency services.--
                    ``(i) In general.--The term `emergency services', with
                respect to an emergency medical condition, means--

                        ``(I) a medical screening examination (as required
                    under section 1867 of the Social Security Act, or as
                    would be required under such section if such section
                    applied to an independent freestanding emergency
                    department) that is within the capability of the
                    emergency department of a hospital or of an independent
                    freestanding emergency department, as applicable,
                    including ancillary services routinely available to the
                    emergency department to evaluate such emergency medical
                    condition; and
                        ``(II) within the capabilities of the staff and
                    facilities available at the hospital or the independent
                    freestanding emergency department, as applicable, such
                    further medical examination and treatment as are
                    required under section 1867 of such Act, or as would be
                    required under such section if such section applied to
                    an independent freestanding emergency department, to
                    stabilize the patient (regardless of the department of
                    the hospital in which such further examination or
                    treatment is furnished).

                    ``(ii) Inclusion of additional services.--

                        ``(I) In general.--For purposes of this subsection
                    and section 2799B-1 of the Public Health Service Act,
                    in the case of a participant or beneficiary who is
                    enrolled in a group health plan or group health
                    insurance coverage offered by a health insurance issuer
                    and who is furnished services described in clause (i)
                    with respect to an emergency medical condition, the
                    term `emergency services' shall include, unless each of
                    the conditions described in subclause (II) are met, in
                    addition to the items and services described in clause
                    (i), items and services--

                            ``(aa) for which benefits are provided or
                        covered under the plan or coverage, respectively;
                        and
                            ``(bb) that are furnished by a nonparticipating
                        provider or nonparticipating emergency facility
                        (regardless of the department of the hospital in
                        which such items or services are furnished) after
                        the participant or beneficiary is stabilized and as
                        part of outpatient observation or an inpatient or
                        outpatient stay with respect to the visit in which
                        the services described in clause (i) are furnished.

                        ``(II) Conditions.--For purposes of subclause (I),
                    the conditions described in this subclause, with
                    respect to a participant or beneficiary who is
                    stabilized and furnished additional items and services
                    described in subclause (I) after such stabilization by
                    a provider or facility described in subclause (I), are
                    the following;

                            ``(aa) Such provider or facility determines
                        such individual is able to travel using nonmedical
                        transportation or nonemergency medical
                        transportation.
                            ``(bb) Such provider furnishing such additional
                        items and services satisfies the notice and consent
                        criteria of section 2799B-2(d) with respect to such
                        items and services.
                            ``(cc) Such individual is in a condition to
                        receive (as determined in accordance with
                        guidelines issued by the Secretary pursuant to
                        rulemaking) the information described in section
                        2799B-2 and to provide informed consent under such
                        section, in accordance with applicable State law.
                            ``(dd) Such other conditions, as specified by
                        the Secretary, such as conditions relating to
                        coordinating care transitions to participating
                        providers and facilities.
                ``(D) Independent freestanding emergency department.--The
            term `independent freestanding emergency department' means a
            health care facility that--
                    ``(i) is geographically separate and distinct and
                licensed separately from a hospital under applicable State
                law; and
                    ``(ii) provides any of the emergency services (as
                defined in subparagraph (C)(i)).
                ``(E) Qualifying payment amount.--
                    ``(i) In general.--The term `qualifying payment amount'
                means, subject to clauses (ii) and (iii), with respect to a
                sponsor of a group health plan and health insurance issuer
                offering group health insurance coverage--

                        ``(I) for an item or service furnished during 2022,
                    the median of the contracted rates recognized by the
                    plan or issuer, respectively (determined with respect
                    to all such plans of such sponsor or all such coverage
                    offered by such issuer that are offered within the same
                    insurance market (specified in subclause (I), (II), or
                    (III) of clause (iv)) as the plan or coverage) as the
                    total maximum payment (including the cost-sharing
                    amount imposed for such item or service and the amount
                    to be paid by the plan or issuer, respectively) under
                    such plans or coverage, respectively, on January 31,
                    2019, for the same or a similar item or service that is
                    provided by a provider in the same or similar specialty
                    and provided in the geographic region in which the item
                    or service is furnished, consistent with the
                    methodology established by the Secretary under
                    paragraph (2), increased by the percentage increase in
                    the consumer price index for all urban consumers
                    (United States city average) over 2019, such percentage
                    increase over 2020, and such percentage increase over
                    2021; and
                        ``(II) for an item or service furnished during 2023
                    or a subsequent year, the qualifying payment amount
                    determined under this clause for such an item or
                    service furnished in the previous year, increased by
                    the percentage increase in the consumer price index for
                    all urban consumers (United States city average) over
                    such previous year.

                    ``(ii) New plans and coverage.--The term `qualifying
                payment amount' means, with respect to a sponsor of a group
                health plan or health insurance issuer offering group
                health insurance coverage in a geographic region in which
                such sponsor or issuer, respectively, did not offer any
                group health plan or health insurance coverage during
                2019--

                        ``(I) for the first year in which such group health
                    plan or health insurance coverage, respectively, is
                    offered in such region, a rate (determined in
                    accordance with a methodology established by the
                    Secretary) for items and services that are covered by
                    such plan and furnished during such first year; and
                        ``(II) for each subsequent year such group health
                    plan or health insurance coverage, respectively, is
                    offered in such region, the qualifying payment amount
                    determined under this clause for such items and
                    services furnished in the previous year, increased by
                    the percentage increase in the consumer price index for
                    all urban consumers (United States city average) over
                    such previous year.

                    ``(iii) Insufficient information; newly covered items
                and services.--In the case of a sponsor of a group health
                plan or health insurance issuer offering group health
                insurance coverage that does not have sufficient
                information to calculate the median of the contracted rates
                described in clause (i)(I) in 2019 (or, in the case of a
                newly covered item or service (as defined in clause
                (v)(III)), in the first coverage year (as defined in clause
                (v)(I)) for such item or service with respect to such plan
                or coverage) for an item or service (including with respect
                to provider type, or amount, of claims for items or
                services (as determined by the Secretary) provided in a
                particular geographic region (other than in a case with
                respect to which clause (ii) applies)) the term `qualifying
                payment amount'--

                        ``(I) for an item or service furnished during 2022
                    (or, in the case of a newly covered item or service,
                    during the first coverage year for such item or service
                    with respect to such plan or coverage), means such rate
                    for such item or service determined by the sponsor or
                    issuer, respectively, through use of any database that
                    is determined, in accordance with rulemaking described
                    in paragraph (2), to not have any conflicts of interest
                    and to have sufficient information reflecting allowed
                    amounts paid to a health care provider or facility for
                    relevant services furnished in the applicable
                    geographic region (such as a State all-payer claims
                    database);
                        ``(II) for an item or service furnished in a
                    subsequent year (before the first sufficient
                    information year (as defined in clause (v)(II)) for
                    such item or service with respect to such plan or
                    coverage), means the rate determined under subclause
                    (I) or this subclause, as applicable, for such item or
                    service for the year previous to such subsequent year,
                    increased by the percentage increase in the consumer
                    price index for all urban consumers (United States city
                    average) over such previous year;
                        ``(III) for an item or service furnished in the
                    first sufficient information year for such item or
                    service with respect to such plan or coverage, has the
                    meaning given the term qualifying payment amount in
                    clause (i)(I), except that in applying such clause to
                    such item or service, the reference to `furnished
                    during 2022' shall be treated as a reference to
                    furnished during such first sufficient information
                    year, the reference to `in 2019' shall be treated as a
                    reference to such sufficient information year, and the
                    increase described in such clause shall not be applied;
                    and
                        ``(IV) for an item or service furnished in any year
                    subsequent to the first sufficient information year for
                    such item or service with respect to such plan or
                    coverage, has the meaning given such term in clause
                    (i)(II), except that in applying such clause to such
                    item or service, the reference to `furnished during
                    2023 or a subsequent year' shall be treated as a
                    reference to furnished during the year after such first
                    sufficient information year or a subsequent year.

                    ``(iv) Insurance market.--For purposes of clause
                (i)(I), a health insurance market specified in this clause
                is one of the following:

                        ``(I) The large group market (other than plans
                    described in subclause (III)).
                        ``(II) The small group market (other than plans
                    described in subclause (III)).
                        ``(III) In the case of a self-insured group health
                    plan, other self-insured group health plans.

                    ``(v) Definitions.--For purposes of this subparagraph:

                        ``(I) First coverage year.--The term `first
                    coverage year' means, with respect to a group health
                    plan or group health insurance coverage offered by a
                    health insurance issuer and an item or service for
                    which coverage is not offered in 2019 under such plan
                    or coverage, the first year after 2019 for which
                    coverage for such item or service is offered under such
                    plan or health insurance coverage.
                        ``(II) First sufficient information year.--The term
                    `first sufficient information year' means, with respect
                    to a group health plan or group health insurance
                    coverage offered by a health insurance issuer--

                            ``(aa) in the case of an item or service for
                        which the plan or coverage does not have sufficient
                        information to calculate the median of the
                        contracted rates described in clause (i)(I) in
                        2019, the first year subsequent to 2022 for which
                        such sponsor or issuer has such sufficient
                        information to calculate the median of such
                        contracted rates in the year previous to such first
                        subsequent year; and
                            ``(bb) in the case of a newly covered item or
                        service, the first year subsequent to the first
                        coverage year for such item or service with respect
                        to such plan or coverage for which the sponsor or
                        issuer has sufficient information to calculate the
                        median of the contracted rates described in clause
                        (i)(I) in the year previous to such first
                        subsequent year.

                        ``(III) Newly covered item or service.--The term
                    `newly covered item or service' means, with respect to
                    a group health plan or health insurance issuer offering
                    group health insurance coverage, an item or service for
                    which coverage was not offered in 2019 under such plan
                    or coverage, but is offered under such plan or coverage
                    in a year after 2019.

                ``(F) Nonparticipating emergency facility; participating
            emergency facility.--
                    ``(i) Nonparticipating emergency facility.--The term
                `nonparticipating emergency facility' means, with respect
                to an item or service and a group health plan or group
                health insurance coverage offered by a health insurance
                issuer, an emergency department of a hospital, or an
                independent freestanding emergency department, that does
                not have a contractual relationship directly or indirectly
                with the plan or issuer, respectively, for furnishing such
                item or service under the plan or coverage, respectively.
                    ``(ii) Participating emergency facility.--The term
                `participating emergency facility' means, with respect to
                an item or service and a group health plan or group health
                insurance coverage offered by a health insurance issuer, an
                emergency department of a hospital, or an independent
                freestanding emergency department, that has a contractual
                relationship directly or indirectly with the plan or
                issuer, respectively, with respect to the furnishing of
                such an item or service at such facility.
                ``(G) Nonparticipating providers; participating
            providers.--
                    ``(i) Nonparticipating provider.--The term
                `nonparticipating provider' means, with respect to an item
                or service and a group health plan or group health
                insurance coverage offered by a health insurance issuer, a
                physician or other health care provider who is acting
                within the scope of practice of that provider's license or
                certification under applicable State law and who does not
                have a contractual relationship with the plan or issuer,
                respectively, for furnishing such item or service under the
                plan or coverage, respectively.
                    ``(ii) Participating provider.--The term `participating
                provider' means, with respect to an item or service and a
                group health plan or group health insurance coverage
                offered by a health insurance issuer, a physician or other
                health care provider who is acting within the scope of
                practice of that provider's license or certification under
                applicable State law and who has a contractual relationship
                with the plan or issuer, respectively, for furnishing such
                item or service under the plan or coverage, respectively.
                ``(H) Recognized amount.--The term `recognized amount'
            means, with respect to an item or service furnished by a
            nonparticipating provider or nonparticipating emergency
            facility during a year and a group health plan or group health
            insurance coverage offered by a health insurance issuer--
                    ``(i) subject to clause (iii), in the case of such item
                or service furnished in a State that has in effect a
                specified State law with respect to such plan, coverage, or
                issuer, respectively; such a nonparticipating provider or
                nonparticipating emergency facility; and such an item or
                service, the amount determined in accordance with such law;
                    ``(ii) subject to clause (iii), in the case of such
                item or service furnished in a State that does not have in
                effect a specified State law, with respect to such plan,
                coverage, or issuer, respectively; such a nonparticipating
                provider or nonparticipating emergency facility; and such
                an item or service, the amount that is the qualifying
                payment amount (as defined in subparagraph (E)) for such
                year and determined in accordance with rulemaking described
                in paragraph (2)) for such item or service; or
                    ``(iii) in the case of such item or service furnished
                in a State with an All-Payer Model Agreement under section
                1115A of the Social Security Act, the amount that the State
                approves under such system for such item or service so
                furnished.
                ``(I) Specified state law.--The term `specified State law'
            means, with respect to a State, an item or service furnished by
            a nonparticipating provider or nonparticipating emergency
            facility during a year and a group health plan or group health
            insurance coverage offered by a health insurance issuer, a
            State law that provides for a method for determining the total
            amount payable under such a plan, coverage, or issuer,
            respectively (to the extent such State law applies to such
            plan, coverage, or issuer, subject to section 514) in the case
            of a participant or beneficiary covered under such plan or
            coverage and receiving such item or service from such a
            nonparticipating provider or nonparticipating emergency
            facility.
                ``(J) Stabilize.--The term `to stabilize', with respect to
            an emergency medical condition (as defined in subparagraph
            (B)), has the meaning give in section 1867(e)(3) of the Social
            Security Act (42 U.S.C. 1395dd(e)(3)).
                ``(K) Out-of-network rate.--The term `out-of-network rate'
            means, with respect to an item or service furnished in a State
            during a year to a participant or beneficiary of a group health
            plan or group health insurance coverage offered by a health
            insurance issuer receiving such item or service from a
            nonparticipating provider or nonparticipating emergency
            facility--
                    ``(i) subject to clause (iii), in the case of such item
                or service furnished in a State that has in effect a
                specified State law with respect to such plan, coverage, or
                issuer, respectively; such a nonparticipating provider or
                nonparticipating emergency facility; and such an item or
                service, the amount determined in accordance with such law;
                    ``(ii) subject to clause (iii), in the case such State
                does not have in effect such a law with respect to such
                item or service, plan, and provider or facility--

                        ``(I) subject to subclause (II), if the provider or
                    facility (as applicable) and such plan or coverage
                    agree on an amount of payment (including if such agreed
                    on amount is the initial payment sent by the plan under
                    subsection (a)(1)(C)(iv)(I), subsection (b)(1)(C), or
                    section 717(a)(3)(A), as applicable, or is agreed on
                    through open negotiations under subsection (c)(1)) with
                    respect to such item or service, such agreed on amount;
                    or
                        ``(II) if such provider or facility (as applicable)
                    and such plan or coverage enter the independent dispute
                    resolution process under subsection (c) and do not so
                    agree before the date on which a certified IDR entity
                    (as defined in paragraph (4) of such subsection) makes
                    a determination with respect to such item or service
                    under such subsection, the amount of such
                    determination; or

                    ``(iii) in the case such State has an All-Payer Model
                Agreement under section 1115A of the Social Security Act,
                the amount that the State approves under such system for
                such item or service so furnished.
                ``(L) Cost-sharing.--The term `cost-sharing' includes
            copayments, coinsurance, and deductibles.
        ``(b) Coverage of Non-emergency Services Performed by
    Nonparticipating Providers at Certain Participating Facilities.--
            ``(1) In general.--In the case of items or services (other than
        emergency services to which subsection (a) applies) for which any
        benefits are provided or covered by a group health plan or health
        insurance issuer offering group health insurance coverage furnished
        to a participant or beneficiary of such plan or coverage by a
        nonparticipating provider (as defined in subsection (a)(3)(G)(i))
        (and who, with respect to such items and services, has not
        satisfied the notice and consent criteria of section 2799B-2(d) of
        the Public Health Service Act) with respect to a visit (as defined
        by the Secretary in accordance with paragraph (2)(B)) at a
        participating health care facility (as defined in paragraph
        (2)(A)), with respect to such plan or coverage, respectively, the
        plan or coverage, respectively--
                ``(A) shall not impose on such participant or beneficiary a
            cost-sharing requirement for such items and services so
            furnished that is greater than the cost-sharing requirement
            that would apply under such plan or coverage, respectively, had
            such items or services been furnished by a participating
            provider (as defined in subsection (a)(3)(G)(ii));
                ``(B) shall calculate such cost-sharing requirement as if
            the total amount that would have been charged for such items
            and services by such participating provider were equal to the
            recognized amount (as defined in subsection (a)(3)(H)) for such
            items and services, plan or coverage, and year;
                ``(C) not later than 30 calendar days after the bill for
            such items or services is transmitted by such provider, shall
            send to the provider an initial payment or notice of denial of
            payment;
                ``(D) shall pay a total plan or coverage payment directly,
            in accordance, if applicable, with the timing requirement
            described in subsection (c)(6), to such provider furnishing
            such items and services to such participant or beneficiary that
            is, with application of any initial payment under subparagraph
            (C), equal to the amount by which the out-of-network rate (as
            defined in subsection (a)(3)(K)) for such items and services
            exceeds the cost-sharing amount imposed under the plan or
            coverage, respectively, for such items and services (as
            determined in accordance with subparagraphs (A) and (B)) and
            year; and
                ``(E) shall count toward any in-network deductible and in-
            network out-of-pocket maximums (as applicable) applied under
            the plan or coverage, respectively, any cost-sharing payments
            made by the participant or beneficiary (and such in-network
            deductible and out-of-pocket maximums shall be applied) with
            respect to such items and services so furnished in the same
            manner as if such cost-sharing payments were with respect to
            items and services furnished by a participating provider.
            ``(2) Definitions.--In this section:
                ``(A) Participating health care facility.--
                    ``(i) In general.--The term `participating health care
                facility' means, with respect to an item or service and a
                group health plan or health insurance issuer offering group
                health insurance coverage, a health care facility described
                in clause (ii) that has a direct or indirect contractual
                relationship with the plan or issuer, respectively, with
                respect to the furnishing of such an item or service at the
                facility.
                    ``(ii) Health care facility described.--A health care
                facility described in this clause, with respect to a group
                health plan or group health insurance coverage, is each of
                the following:

                        ``(I) A hospital (as defined in 1861(e) of the
                    Social Security Act).
                        ``(II) A hospital outpatient department.
                        ``(III) A critical access hospital (as defined in
                    section 1861(mm)(1) of such Act).
                        ``(IV) An ambulatory surgical center described in
                    section 1833(i)(1)(A) of such Act.
                        ``(V) Any other facility, specified by the
                    Secretary, that provides items or services for which
                    coverage is provided under the plan or coverage,
                    respectively.

                ``(B) Visit.--The term `visit' shall, with respect to items
            and services furnished to an individual at a health care
            facility, include equipment and devices, telemedicine services,
            imaging services, laboratory services, preoperative and
            postoperative services, and such other items and services as
            the Secretary may specify, regardless of whether or not the
            provider furnishing such items or services is at the facility.
        ``(c) Certain Access Fees to Certain Databases.--In the case of a
    sponsor of a group health plan or health insurance issuer offering
    group health insurance coverage that, pursuant to subsection
    (a)(3)(E)(iii), uses a database described in such subsection to
    determine a rate to apply under such subsection for an item or service
    by reason of having insufficient information described in such
    subsection with respect to such item or service, such sponsor or issuer
    shall cover the cost for access to such database.''.
            (2) Transfer amendment.--Subpart B of part 7 of title I of the
        Employee Retirement Income Security Act of 1974 (29 U.S.C. 1185 et
        seq.), as amended by paragraph (1), is further amended by adding at
        the end the following:
        ``SEC. 722. OTHER PATIENT PROTECTIONS.
        ``(a) Choice of Health Care Professional.--If a group health plan,
    or a health insurance issuer offering group health insurance coverage,
    requires or provides for designation by a participant or beneficiary of
    a participating primary care provider, then the plan or issuer shall
    permit each participant and beneficiary to designate any participating
    primary care provider who is available to accept such individual.
        ``(b) Access to Pediatric Care.--
            ``(1) Pediatric care.--In the case of a person who has a child
        who is a participant or beneficiary under a group health plan, or
        group health insurance coverage offered by a health insurance
        issuer, if the plan or issuer requires or provides for the
        designation of a participating primary care provider for the child,
        the plan or issuer shall permit such person to designate a
        physician (allopathic or osteopathic) who specializes in pediatrics
        as the child's primary care provider if such provider participates
        in the network of the plan or issuer.
            ``(2) Construction.--Nothing in paragraph (1) shall be
        construed to waive any exclusions of coverage under the terms and
        conditions of the plan or health insurance coverage with respect to
        coverage of pediatric care.
        ``(c) Patient Access to Obstetrical and Gynecological Care.--
            ``(1) General rights.--
                ``(A) Direct access.--A group health plan, or health
            insurance issuer offering group health insurance coverage,
            described in paragraph (2) may not require authorization or
            referral by the plan, issuer, or any person (including a
            primary care provider described in paragraph (2)(B)) in the
            case of a female participant or beneficiary who seeks coverage
            for obstetrical or gynecological care provided by a
            participating health care professional who specializes in
            obstetrics or gynecology. Such professional shall agree to
            otherwise adhere to such plan's or issuer's policies and
            procedures, including procedures regarding referrals and
            obtaining prior authorization and providing services pursuant
            to a treatment plan (if any) approved by the plan or issuer.
                ``(B) Obstetrical and gynecological care.--A group health
            plan or health insurance issuer described in paragraph (2)
            shall treat the provision of obstetrical and gynecological
            care, and the ordering of related obstetrical and gynecological
            items and services, pursuant to the direct access described
            under subparagraph (A), by a participating health care
            professional who specializes in obstetrics or gynecology as the
            authorization of the primary care provider.
            ``(2) Application of paragraph.--A group health plan, or health
        insurance issuer offering group health insurance coverage,
        described in this paragraph is a group health plan or coverage
        that--
                ``(A) provides coverage for obstetric or gynecologic care;
            and
                ``(B) requires the designation by a participant or
            beneficiary of a participating primary care provider.
            ``(3) Construction.--Nothing in paragraph (1) shall be
        construed to--
                ``(A) waive any exclusions of coverage under the terms and
            conditions of the plan or health insurance coverage with
            respect to coverage of obstetrical or gynecological care; or
                ``(B) preclude the group health plan or health insurance
            issuer involved from requiring that the obstetrical or
            gynecological provider notify the primary care health care
            professional or the plan or issuer of treatment decisions.''.
            (3) Clerical amendment.--The table of contents of the Employee
        Retirement Income Security Act of 1974 is amended by inserting
        after the item relating to section 714 the following:

    ``Sec. 715. Additional market reforms.
    ``Sec. 716. Preventing surprise medical bills.
    ``Sec. 722. Other patient protections.''.

        (c) IRC Amendments.--
            (1) In general.--Subchapter B of chapter 100 of the Internal
        Revenue Code of 1986 is amended by adding at the end the following:
    ``SEC. 9816. PREVENTING SURPRISE MEDICAL BILLS.
        ``(a) Coverage of Emergency Services.--
            ``(1) In general.--If a group health plan provides or covers
        any benefits with respect to services in an emergency department of
        a hospital or with respect to emergency services in an independent
        freestanding emergency department (as defined in paragraph (3)(D)),
        the plan shall cover emergency services (as defined in paragraph
        (3)(C))--
                ``(A) without the need for any prior authorization
            determination;
                ``(B) whether the health care provider furnishing such
            services is a participating provider or a participating
            emergency facility, as applicable, with respect to such
            services;
                ``(C) in a manner so that, if such services are provided to
            a participant or beneficiary by a nonparticipating provider or
            a nonparticipating emergency facility--
                    ``(i) such services will be provided without imposing
                any requirement under the plan for prior authorization of
                services or any limitation on coverage that is more
                restrictive than the requirements or limitations that apply
                to emergency services received from participating providers
                and participating emergency facilities with respect to such
                plan;
                    ``(ii) the cost-sharing requirement is not greater than
                the requirement that would apply if such services were
                provided by a participating provider or a participating
                emergency facility;
                    ``(iii) such cost-sharing requirement is calculated as
                if the total amount that would have been charged for such
                services by such participating provider or participating
                emergency facility were equal to the recognized amount (as
                defined in paragraph (3)(H)) for such services, plan, and
                year;
                    ``(iv) the group health plan--

                        ``(I) not later than 30 calendar days after the
                    bill for such services is transmitted by such provider
                    or facility, sends to the provider or facility, as
                    applicable, an initial payment or notice of denial of
                    payment; and
                        ``(II) pays a total plan payment directly to such
                    provider or facility, respectively (in accordance, if
                    applicable, with the timing requirement described in
                    subsection (c)(6)) that is, with application of any
                    initial payment under subclause (I), equal to the
                    amount by which the out-of-network rate (as defined in
                    paragraph (3)(K)) for such services exceeds the cost-
                    sharing amount for such services (as determined in
                    accordance with clauses (ii) and (iii)) and year; and

                    ``(iv) any cost-sharing payments made by the
                participant or beneficiary with respect to such emergency
                services so furnished shall be counted toward any in-
                network deductible or out-of-pocket maximums applied under
                the plan (and such in-network deductible and out-of-pocket
                maximums shall be applied) in the same manner as if such
                cost-sharing payments were made with respect to emergency
                services furnished by a participating provider or a
                participating emergency facility; and
                ``(D) without regard to any other term or condition of such
            coverage (other than exclusion or coordination of benefits, or
            an affiliation or waiting period, permitted under section 2704
            of the Public Health Service Act, including as incorporated
            pursuant to section 715 of the Employee Retirement Income
            Security Act of 1974 and section 9815 of this Act, and other
            than applicable cost-sharing).
            ``(2) Audit process and regulations for qualifying payment
        amounts.--
                ``(A) Audit process.--
                    ``(i) In general.--Not later than October 1, 2021, the
                Secretary, in consultation with the Secretary of Health and
                Human Services and the Secretary of Labor, shall establish
                through rulemaking a process, in accordance with clause
                (ii), under which group health plans are audited by the
                Secretary or applicable State authority to ensure that--

                        ``(I) such plans are in compliance with the
                    requirement of applying a qualifying payment amount
                    under this section; and
                        ``(II) such qualifying payment amount so applied
                    satisfies the definition under paragraph (3)(E) with
                    respect to the year involved, including with respect to
                    a group health plan described in clause (ii) of such
                    paragraph (3)(E).

                    ``(ii) Audit samples.--Under the process established
                pursuant to clause (i), the Secretary--

                        ``(I) shall conduct audits described in such
                    clause, with respect to a year (beginning with 2022),
                    of a sample with respect to such year of claims data
                    from not more than 25 group health plans; and
                        ``(II) may audit any group health plan if the
                    Secretary has received any complaint or other
                    information about such plan or coverage, respectively,
                    that involves the compliance of the plan with either of
                    the requirements described in subclauses (I) and (II)
                    of such clause.

                    ``(iii) Reports.--Beginning for 2022, the Secretary
                shall annually submit to Congress a report on the number of
                plans and issuers with respect to which audits were
                conducted during such year pursuant to this subparagraph.
                ``(B) Rulemaking.--Not later than July 1, 2021, the
            Secretary, in consultation with the Secretary of Labor and the
            Secretary of Health and Human Services, shall establish through
            rulemaking--
                    ``(i) the methodology the group health plan shall use
                to determine the qualifying payment amount, differentiating
                by large group market and small group market;
                    ``(ii) the information such plan or issuer,
                respectively, shall share with the nonparticipating
                provider or nonparticipating facility, as applicable, when
                making such a determination;
                    ``(iii) the geographic regions applied for purposes of
                this subparagraph, taking into account access to items and
                services in rural and underserved areas, including health
                professional shortage areas, as defined in section 332 of
                the Public Health Service Act; and
                    ``(iv) a process to receive complaints of violations of
                the requirements described in subclauses (I) and (II) of
                subparagraph (A)(i) by group health plans.
            Such rulemaking shall take into account payments that are made
            by such plan that are not on a fee-for-service basis. Such
            methodology may account for relevant payment adjustments that
            take into account quality or facility type (including higher
            acuity settings and the case-mix of various facility types)
            that are otherwise taken into account for purposes of
            determining payment amounts with respect to participating
            facilities. In carrying out clause (iii), the Secretary shall
            consult with the National Association of Insurance
            Commissioners to establish the geographic regions under such
            clause and shall periodically update such regions, as
            appropriate, taking into account the findings of the report
            submitted under section 109(a) of the No Surprises Act.
            ``(3) Definitions.--In this subchapter:
                ``(A) Emergency department of a hospital.--The term
            `emergency department of a hospital' includes a hospital
            outpatient department that provides emergency services (as
            defined in subparagraph (C)(i)).
                ``(B) Emergency medical condition.--The term `emergency
            medical condition' means a medical condition manifesting itself
            by acute symptoms of sufficient severity (including severe
            pain) such that a prudent layperson, who possesses an average
            knowledge of health and medicine, could reasonably expect the
            absence of immediate medical attention to result in a condition
            described in clause (i), (ii), or (iii) of section
            1867(e)(1)(A) of the Social Security Act.
                ``(C) Emergency services.--
                    ``(i) In general.--The term `emergency services', with
                respect to an emergency medical condition, means--

                        ``(I) a medical screening examination (as required
                    under section 1867 of the Social Security Act, or as
                    would be required under such section if such section
                    applied to an independent freestanding emergency
                    department) that is within the capability of the
                    emergency department of a hospital or of an independent
                    freestanding emergency department, as applicable,
                    including ancillary services routinely available to the
                    emergency department to evaluate such emergency medical
                    condition; and
                        ``(II) within the capabilities of the staff and
                    facilities available at the hospital or the independent
                    freestanding emergency department, as applicable, such
                    further medical examination and treatment as are
                    required under section 1867 of such Act, or as would be
                    required under such section if such section applied to
                    an independent freestanding emergency department, to
                    stabilize the patient (regardless of the department of
                    the hospital in which such further examination or
                    treatment is furnished).

                    ``(ii) Inclusion of additional services.--

                        ``(I) In general.--For purposes of this subsection
                    and section 2799B-1 of the Public Health Service Act,
                    in the case of a participant or beneficiary who is
                    enrolled in a group health plan and who is furnished
                    services described in clause (i) with respect to an
                    emergency medical condition, the term `emergency
                    services' shall include, unless each of the conditions
                    described in subclause (II) are met, in addition to the
                    items and services described in clause (i), items and
                    services--

                            ``(aa) for which benefits are provided or
                        covered under the plan; and
                            ``(bb) that are furnished by a nonparticipating
                        provider or nonparticipating emergency facility
                        (regardless of the department of the hospital in
                        which such items or services are furnished) after
                        the participant or beneficiary is stabilized and as
                        part of outpatient observation or an inpatient or
                        outpatient stay with respect to the visit in which
                        the services described in clause (i) are furnished.

                        ``(II) Conditions.--For purposes of subclause (I),
                    the conditions described in this subclause, with
                    respect to a participant or beneficiary who is
                    stabilized and furnished additional items and services
                    described in subclause (I) after such stabilization by
                    a provider or facility described in subclause (I), are
                    the following;

                            ``(aa) Such provider or facility determines
                        such individual is able to travel using nonmedical
                        transportation or nonemergency medical
                        transportation.
                            ``(bb) Such provider furnishing such additional
                        items and services satisfies the notice and consent
                        criteria of section 2799B-2(d) with respect to such
                        items and services.
                            ``(cc) Such individual is in a condition to
                        receive (as determined in accordance with
                        guidelines issued by the Secretary pursuant to
                        rulemaking) the information described in section
                        2799B-2 and to provide informed consent under such
                        section, in accordance with applicable State law.
                            ``(dd) Such other conditions, as specified by
                        the Secretary, such as conditions relating to
                        coordinating care transitions to participating
                        providers and facilities.
                ``(D) Independent freestanding emergency department.--The
            term `independent freestanding emergency department' means a
            health care facility that--
                    ``(i) is geographically separate and distinct and
                licensed separately from a hospital under applicable State
                law; and
                    ``(ii) provides any of the emergency services (as
                defined in subparagraph (C)(i)).
                ``(E) Qualifying payment amount.--
                    ``(i) In general.--The term `qualifying payment amount'
                means, subject to clauses (ii) and (iii), with respect to a
                sponsor of a group health plan--

                        ``(I) for an item or service furnished during 2022,
                    the median of the contracted rates recognized by the
                    plan (determined with respect to all such plans of such
                    sponsor that are offered within the same insurance
                    market (specified in subclause (I), (II), or (III) of
                    clause (iv)) as the plan) as the total maximum payment
                    (including the cost-sharing amount imposed for such
                    item or service and the amount to be paid by the plan)
                    under such plans on January 31, 2019 for the same or a
                    similar item or service that is provided by a provider
                    in the same or similar specialty and provided in the
                    geographic region in which the item or service is
                    furnished, consistent with the methodology established
                    by the Secretary under paragraph (2)(B), increased by
                    the percentage increase in the consumer price index for
                    all urban consumers (United States city average) over
                    2019, such percentage increase over 2020, and such
                    percentage increase over 2021; and
                        ``(II) for an item or service furnished during 2023
                    or a subsequent year, the qualifying payment amount
                    determined under this clause for such an item or
                    service furnished in the previous year, increased by
                    the percentage increase in the consumer price index for
                    all urban consumers (United States city average) over
                    such previous year.

                    ``(ii) New plans and coverage.--The term `qualifying
                payment amount' means, with respect to a sponsor of a group
                health plan in a geographic region in which such sponsor,
                respectively, did not offer any group health plan or health
                insurance coverage during 2019--

                        ``(I) for the first year in which such group health
                    plan is offered in such region, a rate (determined in
                    accordance with a methodology established by the
                    Secretary) for items and services that are covered by
                    such plan and furnished during such first year; and
                        ``(II) for each subsequent year such group health
                    plan is offered in such region, the qualifying payment
                    amount determined under this clause for such items and
                    services furnished in the previous year, increased by
                    the percentage increase in the consumer price index for
                    all urban consumers (United States city average) over
                    such previous year.

                    ``(iii) Insufficient information; newly covered items
                and services.--In the case of a sponsor of a group health
                plan that does not have sufficient information to calculate
                the median of the contracted rates described in clause
                (i)(I) in 2019 (or, in the case of a newly covered item or
                service (as defined in clause (v)(III)), in the first
                coverage year (as defined in clause (v)(I)) for such item
                or service with respect to such plan) for an item or
                service (including with respect to provider type, or
                amount, of claims for items or services (as determined by
                the Secretary) provided in a particular geographic region
                (other than in a case with respect to which clause (ii)
                applies)) the term `qualifying payment amount'--

                        ``(I) for an item or service furnished during 2022
                    (or, in the case of a newly covered item or service,
                    during the first coverage year for such item or service
                    with respect to such plan), means such rate for such
                    item or service determined by the sponsor through use
                    of any database that is determined, in accordance with
                    rulemaking described in paragraph (2)(B), to not have
                    any conflicts of interest and to have sufficient
                    information reflecting allowed amounts paid to a health
                    care provider or facility for relevant services
                    furnished in the applicable geographic region (such as
                    a State all-payer claims database);
                        ``(II) for an item or service furnished in a
                    subsequent year (before the first sufficient
                    information year (as defined in clause (v)(II)) for
                    such item or service with respect to such plan), means
                    the rate determined under subclause (I) or this
                    subclause, as applicable, for such item or service for
                    the year previous to such subsequent year, increased by
                    the percentage increase in the consumer price index for
                    all urban consumers (United States city average) over
                    such previous year;
                        ``(III) for an item or service furnished in the
                    first sufficient information year for such item or
                    service with respect to such plan, has the meaning
                    given the term qualifying payment amount in clause
                    (i)(I), except that in applying such clause to such
                    item or service, the reference to `furnished during
                    2022' shall be treated as a reference to furnished
                    during such first sufficient information year, the
                    reference to `on January 31, 2019' shall be treated as
                    a reference to in such sufficient information year, and
                    the increase described in such clause shall not be
                    applied; and
                        ``(IV) for an item or service furnished in any year
                    subsequent to the first sufficient information year for
                    such item or service with respect to such plan, has the
                    meaning given such term in clause (i)(II), except that
                    in applying such clause to such item or service, the
                    reference to `furnished during 2023 or a subsequent
                    year' shall be treated as a reference to furnished
                    during the year after such first sufficient information
                    year or a subsequent year.

                    ``(iv) Insurance market.--For purposes of clause
                (i)(I), a health insurance market specified in this clause
                is one of the following:

                        ``(I) The large group market (other than plans
                    described in subclause (III)).
                        ``(II) The small group market (other than plans
                    described in subclause (III)).
                        ``(III) In the case of a self-insured group health
                    plan, other self-insured group health plans.

                    ``(v) Definitions.--For purposes of this subparagraph:

                        ``(I) First coverage year.--The term `first
                    coverage year' means, with respect to a group health
                    plan and an item or service for which coverage is not
                    offered in 2019 under such plan or coverage, the first
                    year after 2019 for which coverage for such item or
                    service is offered under such plan.
                        ``(II) First sufficient information year.--The term
                    `first sufficient information year' means, with respect
                    to a group health plan--

                            ``(aa) in the case of an item or service for
                        which the plan does not have sufficient information
                        to calculate the median of the contracted rates
                        described in clause (i)(I) in 2019, the first year
                        subsequent to 2022 for which such sponsor has such
                        sufficient information to calculate the median of
                        such contracted rates in the year previous to such
                        first subsequent year; and
                            ``(bb) in the case of a newly covered item or
                        service, the first year subsequent to the first
                        coverage year for such item or service with respect
                        to such plan for which the sponsor has sufficient
                        information to calculate the median of the
                        contracted rates described in clause (i)(I) in the
                        year previous to such first subsequent year.

                        ``(III) Newly covered item or service.--The term
                    `newly covered item or service' means, with respect to
                    a group health plan, an item or service for which
                    coverage was not offered in 2019 under such plan or
                    coverage, but is offered under such plan or coverage in
                    a year after 2019.

                ``(F) Nonparticipating emergency facility; participating
            emergency facility.--
                    ``(i) Nonparticipating emergency facility.--The term
                `nonparticipating emergency facility' means, with respect
                to an item or service and a group health plan, an emergency
                department of a hospital, or an independent freestanding
                emergency department, that does not have a contractual
                relationship directly or indirectly with the plan for
                furnishing such item or service under the plan.
                    ``(ii) Participating emergency facility.--The term
                `participating emergency facility' means, with respect to
                an item or service and a group health plan, an emergency
                department of a hospital, or an independent freestanding
                emergency department, that has a contractual relationship
                directly or indirectly with the plan, with respect to the
                furnishing of such an item or service at such facility.
                ``(G) Nonparticipating providers; participating
            providers.--
                    ``(i) Nonparticipating provider.--The term
                `nonparticipating provider' means, with respect to an item
                or service and a group health plan, a physician or other
                health care provider who is acting within the scope of
                practice of that provider's license or certification under
                applicable State law and who does not have a contractual
                relationship with the plan or issuer, respectively, for
                furnishing such item or service under the plan.
                    ``(ii) Participating provider.--The term `participating
                provider' means, with respect to an item or service and a
                group health plan, a physician or other health care
                provider who is acting within the scope of practice of that
                provider's license or certification under applicable State
                law and who has a contractual relationship with the plan
                for furnishing such item or service under the plan.
                ``(H) Recognized amount.--The term `recognized amount'
            means, with respect to an item or service furnished by a
            nonparticipating provider or nonparticipating emergency
            facility during a year and a group health plan--
                    ``(i) subject to clause (iii), in the case of such item
                or service furnished in a State that has in effect a
                specified State law with respect to such plan; such a
                nonparticipating provider or nonparticipating emergency
                facility; and such an item or service, the amount
                determined in accordance with such law;
                    ``(ii) subject to clause (iii), in the case of such
                item or service furnished in a State that does not have in
                effect a specified State law, with respect to such plan;
                such a nonparticipating provider or nonparticipating
                emergency facility; and such an item or service, the amount
                that is the qualifying payment amount (as defined in
                subparagraph (E)) for such year and determined in
                accordance with rulemaking described in paragraph (2)(B))
                for such item or service; or
                    ``(iii) in the case of such item or service furnished
                in a State with an All-Payer Model Agreement under section
                1115A of the Social Security Act, the amount that the State
                approves under such system for such item or service so
                furnished.
                ``(I) Specified state law.--The term `specified State law'
            means, with respect to a State, an item or service furnished by
            a nonparticipating provider or nonparticipating emergency
            facility during a year and a group health plan, a State law
            that provides for a method for determining the total amount
            payable under such a plan (to the extent such State law applies
            to such plan, subject to section 514) in the case of a
            participant or beneficiary covered under such plan and
            receiving such item or service from such a nonparticipating
            provider or nonparticipating emergency facility.
                ``(J) Stabilize.--The term `to stabilize', with respect to
            an emergency medical condition (as defined in subparagraph
            (B)), has the meaning give in section 1867(e)(3) of the Social
            Security Act (42 U.S.C. 1395dd(e)(3)).
                ``(K) Out-of-network rate.--The term `out-of-network rate'
            means, with respect to an item or service furnished in a State
            during a year to a participant or beneficiary of a group health
            plan receiving such item or service from a nonparticipating
            provider or nonparticipating emergency facility--
                    ``(i) subject to clause (iii), in the case of such item
                or service furnished in a State that has in effect a
                specified State law with respect to such plan; such a
                nonparticipating provider or nonparticipating emergency
                facility; and such an item or service, the amount
                determined in accordance with such law;
                    ``(ii) subject to clause (iii), in the case such State
                does not have in effect such a law with respect to such
                item or service, plan, and provider or facility--

                        ``(I) subject to subclause (II), if the provider or
                    facility (as applicable) and such plan or coverage
                    agree on an amount of payment (including if such agreed
                    on amount is the initial payment sent by the plan under
                    subsection (a)(1)(C)(iv)(I), subsection (b)(1)(C), or
                    section 9817(a)(3)(A), as applicable, or is agreed on
                    through open negotiations under subsection (c)(1)) with
                    respect to such item or service, such agreed on amount;
                    or
                        ``(II) if such provider or facility (as applicable)
                    and such plan or coverage enter the independent dispute
                    resolution process under subsection (c) and do not so
                    agree before the date on which a certified IDR entity
                    (as defined in paragraph (4) of such subsection) makes
                    a determination with respect to such item or service
                    under such subsection, the amount of such
                    determination; or

                    ``(iii) in the case such State has an All-Payer Model
                Agreement under section 1115A of the Social Security Act,
                the amount that the State approves under such system for
                such item or service so furnished.
                ``(L) Cost-sharing.--The term `cost-sharing' includes
            copayments, coinsurance, and deductibles.
        ``(b) Coverage of Non-emergency Services Performed by
    Nonparticipating Providers at Certain Participating Facilities.--
            ``(1) In general.--In the case of items or services (other than
        emergency services to which subsection (a) applies) for which any
        benefits are provided or covered by a group health plan furnished
        to a participant or beneficiary of such plan by a nonparticipating
        provider (as defined in subsection (a)(3)(G)(i)) (and who, with
        respect to such items and services, has not satisfied the notice
        and consent criteria of section 2799B-2(d) of the Public Health
        Service Act) with respect to a visit (as defined by the Secretary
        in accordance with paragraph (2)(B)) at a participating health care
        facility (as defined in paragraph (2)(A)), with respect to such
        plan, the plan--
                ``(A) shall not impose on such participant or beneficiary a
            cost-sharing requirement for such items and services so
            furnished that is greater than the cost-sharing requirement
            that would apply under such plan had such items or services
            been furnished by a participating provider (as defined in
            subsection (a)(3)(G)(ii));
                ``(B) shall calculate such cost-sharing requirement as if
            the total amount that would have been charged for such items
            and services by such participating provider were equal to the
            recognized amount (as defined in subsection (a)(3)(H)) for such
            items and services, plan, and year;
                ``(C) not later than 30 calendar days after the bill for
            such items or services is transmitted by such provider, shall
            send to the provider an initial payment or notice of denial of
            payment;
                ``(D) shall pay a total plan payment directly, in
            accordance, if applicable, with the timing requirement
            described in subsection (c)(6), to such provider furnishing
            such items and services to such participant or beneficiary that
            is, with application of any initial payment under subparagraph
            (C), equal to the amount by which the out-of-network rate (as
            defined in subsection (a)(3)(K)) for such items and services
            exceeds the cost-sharing amount imposed under the plan for such
            items and services (as determined in accordance with
            subparagraphs (A) and (B)) and year; and
                ``(E) shall count toward any in-network deductible and in-
            network out-of-pocket maximums (as applicable) applied under
            the plan, any cost-sharing payments made by the participant or
            beneficiary (and such in-network deductible and out-of-pocket
            maximums shall be applied) with respect to such items and
            services so furnished in the same manner as if such cost-
            sharing payments were with respect to items and services
            furnished by a participating provider.
            ``(2) Definitions.--In this section:
                ``(A) Participating health care facility.--
                    ``(i) In general.--The term `participating health care
                facility' means, with respect to an item or service and a
                group health plan, a health care facility described in
                clause (ii) that has a direct or indirect contractual
                relationship with the plan, with respect to the furnishing
                of such an item or service at the facility.
                    ``(ii) Health care facility described.--A health care
                facility described in this clause, with respect to a group
                health plan or health insurance coverage offered in the
                group or individual market, is each of the following:

                        ``(I) A hospital (as defined in 1861(e) of the
                    Social Security Act).
                        ``(II) A hospital outpatient department.
                        ``(III) A critical access hospital (as defined in
                    section 1861(mm)(1) of such Act).
                        ``(IV) An ambulatory surgical center described in
                    section 1833(i)(1)(A) of such Act.
                        ``(V) Any other facility, specified by the
                    Secretary, that provides items or services for which
                    coverage is provided under the plan or coverage,
                    respectively.

                ``(B) Visit.--The term `visit' shall, with respect to items
            and services furnished to an individual at a health care
            facility, include equipment and devices, telemedicine services,
            imaging services, laboratory services, preoperative and
            postoperative services, and such other items and services as
            the Secretary may specify, regardless of whether or not the
            provider furnishing such items or services is at the facility.
        ``(c) Certain Access Fees to Certain Databases.--In the case of a
    sponsor of a group health plan that, pursuant to subsection
    (a)(3)(E)(iii), uses a database described in such subsection to
    determine a rate to apply under such subsection for an item or service
    by reason of having insufficient information described in such
    subsection with respect to such item or service, such sponsor shall
    cover the cost for access to such database.''.
            (2) Transfer amendment.--Subchapter B of chapter 100 of the
        Internal Revenue Code of 1986, as amended by paragraph (1), is
        further amended by adding at the end the following:
    ``SEC. 9822. OTHER PATIENT PROTECTIONS.
        ``(a) Choice of Health Care Professional.--If a group health plan
    requires or provides for designation by a participant or beneficiary of
    a participating primary care provider, then the plan shall permit each
    participant and beneficiary to designate any participating primary care
    provider who is available to accept such individual.
        ``(b) Access to Pediatric Care.--
            ``(1) Pediatric care.--In the case of a person who has a child
        who is a participant or beneficiary under a group health plan if
        the plan requires or provides for the designation of a
        participating primary care provider for the child, the plan shall
        permit such person to designate a physician (allopathic or
        osteopathic) who specializes in pediatrics as the child's primary
        care provider if such provider participates in the network of the
        plan.
            ``(2) Construction.--Nothing in paragraph (1) shall be
        construed to waive any exclusions of coverage under the terms and
        conditions of the plan with respect to coverage of pediatric care.
        ``(c) Patient Access to Obstetrical and Gynecological Care.--
            ``(1) General rights.--
                ``(A) Direct access.--A group health plan described in
            paragraph (2) may not require authorization or referral by the
            plan, issuer, or any person (including a primary care provider
            described in paragraph (2)(B)) in the case of a female
            participant or beneficiary who seeks coverage for obstetrical
            or gynecological care provided by a participating health care
            professional who specializes in obstetrics or gynecology. Such
            professional shall agree to otherwise adhere to such plan's
            policies and procedures, including procedures regarding
            referrals and obtaining prior authorization and providing
            services pursuant to a treatment plan (if any) approved by the
            plan.
                ``(B) Obstetrical and gynecological care.--A group health
            plan described in paragraph (2) shall treat the provision of
            obstetrical and gynecological care, and the ordering of related
            obstetrical and gynecological items and services, pursuant to
            the direct access described under subparagraph (A), by a
            participating health care professional who specializes in
            obstetrics or gynecology as the authorization of the primary
            care provider.
            ``(2) Application of paragraph.--A group health plan described
        in this paragraph is a group health plan that--
                ``(A) provides coverage for obstetric or gynecologic care;
            and
                ``(B) requires the designation by a participant or
            beneficiary of a participating primary care provider.
            ``(3) Construction.--Nothing in paragraph (1) shall be
        construed to--
                ``(A) waive any exclusions of coverage under the terms and
            conditions of the plan with respect to coverage of obstetrical
            or gynecological care; or
                ``(B) preclude the group health plan involved from
            requiring that the obstetrical or gynecological provider notify
            the primary care health care professional or the plan or issuer
            of treatment decisions.''.
            (3) Clerical amendment.--The table of sections for subchapter B
        of chapter 100 of the Internal Revenue Code of 1986 is amended by
        adding at the end the following new item:

    ``Sec. 9815. Additional market reforms.
    ``Sec. 9816. Preventing surprise medical bills.
    ``Sec. 9822. Other patient protections.''.

            (4) Conforming amendments.--
                (A) In general.--Section 223(c) of the Internal Revenue
            Code of 1986 is amended--
                    (i) in paragraph (1), by adding at the end the
                following:
                ``(D) Special rule for individuals receiving benefits
            subject to surprise billing statutes.--An individual shall not
            fail to be treated as an eligible individual for any period
            merely because the individual receives benefits for medical
            care subject to and in accordance with section 9816 or 9817,
            section 2799A-1 or 2799A-2 of the Public Health Service Act, or
            section 716 or 717 of the Employee Retirement Income Security
            Act of 1974, or any State law providing similar protections to
            such individual.''; and
                    (ii) in paragraph (2), by adding at the end the
                following:
                ``(F) Special rule for surprise billing.--A plan shall not
            fail to be treated as a high deductible health plan by reason
            of providing benefits for medical care in accordance with
            section 9816 or 9817, section 2799A-1 or 2799A-2 of the Public
            Health Service Act, or section 716 or 717 of the Employee
            Retirement Income Security Act of 1974, or any State law
            providing similar protections to individuals, prior to the
            satisfaction of the deductible under paragraph (2)(A)(i).''.
                (B) Effective date.--The amendments made by subparagraph
            (A) shall apply for plan years beginning on or after January 1,
            2022.
        (d) Additional Application Provisions.--
            (1) Application to fehb.--Section 8902 of title 5, United
        States Code, is amended by adding at the end the following new
        subsection:
        ``(p) Each contract under this chapter shall require the carrier to
    comply with requirements described in the provisions of sections 2799A-
    1, 2799A-2, and 2799A-7 of the Public Health Service Act, sections 716,
    717, and 722 of the Employee Retirement Income Security Act of 1974,
    and sections 9816, 9817, and 9822 of the Internal Revenue Code of 1986
    (as applicable) in the same manner as such provisions apply to a group
    health plan or health insurance issuer offering group or individual
    health insurance coverage, as described in such sections. The
    provisions of sections 2799B-1, 2799B-2, 2799B-3, and 2799B-5 of the
    Public Health Service Act shall apply to a health care provider and
    facility and an air ambulance provider described in such respective
    sections with respect to an enrollee in a health benefits plan under
    this chapter in the same manner as such provisions apply to such a
    provider and facility with respect to an enrollee in a group health
    plan or group or individual health insurance coverage offered by a
    health insurance issuer, as described in such sections.''.
            (2) Application to grandfathered plans.--Section 1251(a) of the
        Patient Protection and Affordable Care Act (42 U.S.C. 18011(a)) is
        amended by adding at the end the following:
            ``(5) Application of additional provisions.--Sections 2799A-1,
        2799A-2, and 2799A-7 of the Public Health Service Act shall apply
        to grandfathered health plans for plan years beginning on or after
        January 1, 2022.''.
            (3) Rule of construction.--Nothing in this title, including the
        amendments made by this title may be construed as modifying,
        reducing, or eliminating--
                (A) the protections under section 222 of the Indian Health
            Care Improvement Act (25 U.S.C. 1621u) and under subpart I of
            part 136 of title 42, Code of Federal Regulations (or any
            successor regulation), against payment liability for a patient
            who receives contract health services that are authorized by
            the Indian Health Service; or
                (B) the requirements under section 1866(a)(1)(U) of the
            Social Security Act (42 U.S.C. 1395cc(a)(1)(U)).
        (e) Effective Date.--The amendments made by this section shall
    apply with respect to plan years (or, in the case of the amendment made
    by subsection (d)(1), with respect to contracts entered into or renewed
    for contract years) beginning on or after January 1, 2022.
        SEC. 103. DETERMINATION OF OUT-OF-NETWORK RATES TO BE PAID BY
          HEALTH PLANS; INDEPENDENT DISPUTE RESOLUTION PROCESS.
        (a) PHSA.--Section 2799A-1, as added by section 102, is amended--
            (1) by redesignating subsection (c) as subsection (d); and
            (2) by inserting after subsection (b) the following new
        subsection:
        ``(c) Determination of Out-of-network Rates to Be Paid by Health
    Plans; Independent Dispute Resolution Process.--
            ``(1) Determination through open negotiation.--
                ``(A) In general.--With respect to an item or service
            furnished in a year by a nonparticipating provider or a
            nonparticipating facility, with respect to a group health plan
            or health insurance issuer offering group or individual health
            insurance coverage, in a State described in subsection
            (a)(3)(K)(ii) with respect to such plan or coverage and
            provider or facility, and for which a payment is required to be
            made by the plan or coverage pursuant to subsection (a)(1) or
            (b)(1), the provider or facility (as applicable) or plan or
            coverage may, during the 30-day period beginning on the day the
            provider or facility receives an initial payment or a notice of
            denial of payment from the plan or coverage regarding a claim
            for payment for such item or service, initiate open
            negotiations under this paragraph between such provider or
            facility and plan or coverage for purposes of determining,
            during the open negotiation period, an amount agreed on by such
            provider or facility, respectively, and such plan or coverage
            for payment (including any cost-sharing) for such item or
            service. For purposes of this subsection, the open negotiation
            period, with respect to an item or service, is the 30-day
            period beginning on the date of initiation of the negotiations
            with respect to such item or service.
                ``(B) Accessing independent dispute resolution process in
            case of failed negotiations.--In the case of open negotiations
            pursuant to subparagraph (A), with respect to an item or
            service, that do not result in a determination of an amount of
            payment for such item or service by the last day of the open
            negotiation period described in such subparagraph with respect
            to such item or service, the provider or facility (as
            applicable) or group health plan or health insurance issuer
            offering group or individual health insurance coverage that was
            party to such negotiations may, during the 4-day period
            beginning on the day after such open negotiation period,
            initiate the independent dispute resolution process under
            paragraph (2) with respect to such item or service. The
            independent dispute resolution process shall be initiated by a
            party pursuant to the previous sentence by submission to the
            other party and to the Secretary of a notification (containing
            such information as specified by the Secretary) and for
            purposes of this subsection, the date of initiation of such
            process shall be the date of such submission or such other date
            specified by the Secretary pursuant to regulations that is not
            later than the date of receipt of such notification by both the
            other party and the Secretary.
            ``(2) Independent dispute resolution process available in case
        of failed open negotiations.--
                ``(A) Establishment.--Not later than 1 year after the date
            of the enactment of this subsection, the Secretary, jointly
            with the Secretary of Labor and the Secretary of the Treasury,
            shall establish by regulation one independent dispute
            resolution process (referred to in this subsection as the `IDR
            process') under which, in the case of an item or service with
            respect to which a provider or facility (as applicable) or
            group health plan or health insurance issuer offering group or
            individual health insurance coverage submits a notification
            under paragraph (1)(B) (in this subsection referred to as a
            `qualified IDR item or service'), a certified IDR entity under
            paragraph (4) determines, subject to subparagraph (B) and in
            accordance with the succeeding provisions of this subsection,
            the amount of payment under the plan or coverage for such item
            or service furnished by such provider or facility.
                ``(B) Authority to continue negotiations.--Under the
            independent dispute resolution process, in the case that the
            parties to a determination for a qualified IDR item or service
            agree on a payment amount for such item or service during such
            process but before the date on which the entity selected with
            respect to such determination under paragraph (4) makes such
            determination under paragraph (5), such amount shall be treated
            for purposes of subsection (a)(3)(K)(ii) as the amount agreed
            to by such parties for such item or service. In the case of an
            agreement described in the previous sentence, the independent
            dispute resolution process shall provide for a method to
            determine how to allocate between the parties to such
            determination the payment of the compensation of the entity
            selected with respect to such determination.
                ``(C) Clarification.--A nonparticipating provider may not,
            with respect to an item or service furnished by such provider,
            submit a notification under paragraph (1)(B) if such provider
            is exempt from the requirement under subsection (a) of section
            2799B-2 with respect to such item or service pursuant to
            subsection (b) of such section.
            ``(3) Treatment of batching of items and services.--
                ``(A) In general.--Under the IDR process, the Secretary
            shall specify criteria under which multiple qualified IDR
            dispute items and services are permitted to be considered
            jointly as part of a single determination by an entity for
            purposes of encouraging the efficiency (including minimizing
            costs) of the IDR process. Such items and services may be so
            considered only if--
                    ``(i) such items and services to be included in such
                determination are furnished by the same provider or
                facility;
                    ``(ii) payment for such items and services is required
                to be made by the same group health plan or health
                insurance issuer;
                    ``(iii) such items and services are related to the
                treatment of a similar condition; and
                    ``(iv) such items and services were furnished during
                the 30 day period following the date on which the first
                item or service included with respect to such determination
                was furnished or an alternative period as determined by the
                Secretary, for use in limited situations, such as by the
                consent of the parties or in the case of low-volume items
                and services, to encourage procedural efficiency and
                minimize health plan and provider administrative costs.
                ``(B) Treatment of bundled payments.--In carrying out
            subparagraph (A), the Secretary shall provide that, in the case
            of items and services which are included by a provider or
            facility as part of a bundled payment, such items and services
            included in such bundled payment may be part of a single
            determination under this subsection.
            ``(4) Certification and selection of idr entities.--
                ``(A) In general.--The Secretary, in consultation with the
            Secretary of Labor and Secretary of the Treasury, shall
            establish a process to certify (including to recertify)
            entities under this paragraph. Such process shall ensure that
            an entity so certified--
                    ``(i) has (directly or through contracts or other
                arrangements) sufficient medical, legal, and other
                expertise and sufficient staffing to make determinations
                described in paragraph (5) on a timely basis;
                    ``(ii) is not--

                        ``(I) a group health plan or health insurance
                    issuer offering group or individual health insurance
                    coverage, provider, or facility;
                        ``(II) an affiliate or a subsidiary of such a group
                    health plan or health insurance issuer, provider, or
                    facility; or
                        ``(III) an affiliate or subsidiary of a
                    professional or trade association of such group health
                    plans or health insurance issuers or of providers or
                    facilities;

                    ``(iii) carries out the responsibilities of such an
                entity in accordance with this subsection;
                    ``(iv) meets appropriate indicators of fiscal
                integrity;
                    ``(v) maintains the confidentiality (in accordance with
                regulations promulgated by the Secretary) of individually
                identifiable health information obtained in the course of
                conducting such determinations;
                    ``(vi) does not under the IDR process carry out any
                determination with respect to which the entity would not
                pursuant to subclause (I), (II), or (III) of subparagraph
                (F)(i) be eligible for selection; and
                    ``(vii) meets such other requirements as determined
                appropriate by the Secretary.
                ``(B) Period of certification.--Subject to subparagraph
            (C), each certification (including a recertification) of an
            entity under the process described in subparagraph (A) shall be
            for a 5-year period.
                ``(C) Revocation.--A certification of an entity under this
            paragraph may be revoked under the process described in
            subparagraph (A) if the entity has a pattern or practice of
            noncompliance with any of the requirements described in such
            subparagraph.
                ``(D) Petition for denial or withdrawal.--The process
            described in subparagraph (A) shall ensure that an individual,
            provider, facility, or group health plan or health insurance
            issuer offering group or individual health insurance coverage
            may petition for a denial of a certification or a revocation of
            a certification with respect to an entity under this paragraph
            for failure of meeting a requirement of this subsection.
                ``(E) Sufficient number of entities.--The process described
            in subparagraph (A) shall ensure that a sufficient number of
            entities are certified under this paragraph to ensure the
            timely and efficient provision of determinations described in
            paragraph (5).
                ``(F) Selection of certified idr entity.--The Secretary
            shall, with respect to the determination of the amount of
            payment under this subsection of an item or service, provide
            for a method--
                    ``(i) that allows for the group health plan or health
                insurance issuer offering group or individual health
                insurance coverage and the nonparticipating provider or the
                nonparticipating emergency facility (as applicable)
                involved in a notification under paragraph (1)(B) to
                jointly select, not later than the last day of the 3-
                business day period following the date of the initiation of
                the process with respect to such item or service, for
                purposes of making such determination, an entity certified
                under this paragraph that--

                        ``(I) is not a party to such determination or an
                    employee or agent of such a party;
                        ``(II) does not have a material familial,
                    financial, or professional relationship with such a
                    party; and
                        ``(III) does not otherwise have a conflict of
                    interest with such a party (as determined by the
                    Secretary); and

                    ``(ii) that requires, in the case such parties do not
                make such selection by such last day, the Secretary to, not
                later than 6 business days after such date of initiation--

                        ``(I) select such an entity that satisfies
                    subclauses (I) through (III) of clause (i)); and
                        ``(II) provide notification of such selection to
                    the provider or facility (as applicable) and the plan
                    or issuer (as applicable) party to such determination.

    An entity selected pursuant to the previous sentence to make a
    determination described in such sentence shall be referred to in this
    subsection as the `certified IDR entity' with respect to such
    determination.
            ``(5) Payment determination.--
                ``(A) In general.--Not later than 30 days after the date of
            selection of the certified IDR entity with respect to a
            determination for a qualified IDR item or service, the
            certified IDR entity shall--
                    ``(i) taking into account the considerations specified
                in subparagraph (C), select one of the offers submitted
                under subparagraph (B) to be the amount of payment for such
                item or service determined under this subsection for
                purposes of subsection (a)(1) or (b)(1), as applicable; and
                    ``(ii) notify the provider or facility and the group
                health plan or health insurance issuer offering group or
                individual health insurance coverage party to such
                determination of the offer selected under clause (i).
                ``(B) Submission of offers.--Not later than 10 days after
            the date of selection of the certified IDR entity with respect
            to a determination for a qualified IDR item or service, the
            provider or facility and the group health plan or health
            insurance issuer offering group or individual health insurance
            coverage party to such determination--
                    ``(i) shall each submit to the certified IDR entity
                with respect to such determination--

                        ``(I) an offer for a payment amount for such item
                    or service furnished by such provider or facility; and
                        ``(II) such information as requested by the
                    certified IDR entity relating to such offer; and

                    ``(ii) may each submit to the certified IDR entity with
                respect to such determination any information relating to
                such offer submitted by either party, including information
                relating to any circumstance described in subparagraph
                (C)(ii).
                ``(C) Considerations in determination.--
                    ``(i) In general.--In determining which offer is the
                payment to be applied pursuant to this paragraph, the
                certified IDR entity, with respect to the determination for
                a qualified IDR item or service shall consider--

                        ``(I) the qualifying payment amounts (as defined in
                    subsection (a)(3)(E)) for the applicable year for items
                    or services that are comparable to the qualified IDR
                    item or service and that are furnished in the same
                    geographic region (as defined by the Secretary for
                    purposes of such subsection) as such qualified IDR item
                    or service; and
                        ``(II) subject to subparagraph (D), information on
                    any circumstance described in clause (ii), such
                    information as requested in subparagraph (B)(i)(II),
                    and any additional information provided in subparagraph
                    (B)(ii).

                    ``(ii) Additional circumstances.--For purposes of
                clause (i)(II), the circumstances described in this clause
                are, with respect to a qualified IDR item or service of a
                nonparticipating provider, nonparticipating emergency
                facility, group health plan, or health insurance issuer of
                group or individual health insurance coverage the
                following:

                        ``(I) The level of training, experience, and
                    quality and outcomes measurements of the provider or
                    facility that furnished such item or service (such as
                    those endorsed by the consensus-based entity authorized
                    in section 1890 of the Social Security Act).
                        ``(II) The market share held by the
                    nonparticipating provider or facility or that of the
                    plan or issuer in the geographic region in which the
                    item or service was provided.
                        ``(III) The acuity of the individual receiving such
                    item or service or the complexity of furnishing such
                    item or service to such individual.
                        ``(IV) The teaching status, case mix, and scope of
                    services of the nonparticipating facility that
                    furnished such item or service.
                        ``(V) Demonstrations of good faith efforts (or lack
                    of good faith efforts) made by the nonparticipating
                    provider or nonparticipating facility or the plan or
                    issuer to enter into network agreements and, if
                    applicable, contracted rates between the provider or
                    facility, as applicable, and the plan or issuer, as
                    applicable, during the previous 4 plan years.

                ``(D) Prohibition on consideration of certain factors.--In
            determining which offer is the payment to be applied with
            respect to qualified IDR items and services furnished by a
            provider or facility, the certified IDR entity with respect to
            a determination shall not consider usual and customary charges,
            the amount that would have been billed by such provider or
            facility with respect to such items and services had the
            provisions of section 2799B-1 or 2799B-2 (as applicable) not
            applied, or the payment or reimbursement rate for such items
            and services furnished by such provider or facility payable by
            a public payor, including under the Medicare program under
            title XVIII of the Social Security Act, under the Medicaid
            program under title XIX of such Act, under the Children's
            Health Insurance Program under title XXI of such Act, under the
            TRICARE program under chapter 55 of title 10, United States
            Code, or under chapter 17 of title 38, United States Code.
                ``(E) Effects of determination.--
                    ``(i) In general.--A determination of a certified IDR
                entity under subparagraph (A)--

                        ``(I) shall be binding upon the parties involved,
                    in the absence of a fraudulent claim or evidence of
                    misrepresentation of facts presented to the IDR entity
                    involved regarding such claim; and
                        ``(II) shall not be subject to judicial review,
                    except in a case described in any of paragraphs (1)
                    through (4) of section 10(a) of title 9, United States
                    Code.

                    ``(ii) Suspension of certain subsequent idr requests.--
                In the case of a determination of a certified IDR entity
                under subparagraph (A), with respect to an initial
                notification submitted under paragraph (1)(B) with respect
                to qualified IDR items and services and the two parties
                involved with such notification, the party that submitted
                such notification may not submit during the 90-day period
                following such determination a subsequent notification
                under such paragraph involving the same other party to such
                notification with respect to such an item or service that
                was the subject of such initial notification.
                    ``(iii) Subsequent submission of requests permitted.--
                In the case of a notification that pursuant to clause (ii)
                is not permitted to be submitted under paragraph (1)(B)
                during a 90-day period specified in such clause, if the end
                of the open negotiation period specified in paragraph
                (1)(A), that but for this clause would otherwise apply with
                respect to such notification, occurs during such 90-day
                period, such paragraph (1)(B) shall be applied as if the
                reference in such paragraph to the 4-day period beginning
                on the day after such open negotiation period were instead
                a reference to the 30-day period beginning on the day after
                the last day of such 90-day period.
                    ``(iv) Reports.--The Secretary, jointly with the
                Secretary of Labor and the Secretary of the Treasury, shall
                examine the impact of the application of clause (ii) and
                whether the application of such clause delays payment
                determinations or impacts early, alternative resolution of
                claims (such as through open negotiations), and shall
                submit to Congress, not later than 2 years after the date
                of implementation of such clause an interim report (and not
                later than 4 years after such date of implementation, a
                final report) on whether any group health plans or health
                insurance issuers offering group or individual health
                insurance coverage or types of such plans or coverage have
                a pattern or practice of routine denial, low payment, or
                down-coding of claims, or otherwise abuse the 90-day period
                described in such clause, including recommendations on ways
                to discourage such a pattern or practice.
                ``(F) Costs of independent dispute resolution process.--In
            the case of a notification under paragraph (1)(B) submitted by
            a nonparticipating provider, nonparticipating emergency
            facility, group health plan, or health insurance issuer
            offering group or individual health insurance coverage and
            submitted to a certified IDR entity--
                    ``(i) if such entity makes a determination with respect
                to such notification under subparagraph (A), the party
                whose offer is not chosen under such subparagraph shall be
                responsible for paying all fees charged by such entity; and
                    ``(ii) if the parties reach a settlement with respect
                to such notification prior to such a determination, each
                party shall pay half of all fees charged by such entity,
                unless the parties otherwise agree.
            ``(6) Timing of payment.--The total plan or coverage payment
        required pursuant to subsection (a)(1) or (b)(1), with respect to a
        qualified IDR item or service for which a determination is made
        under paragraph (5)(A) or with respect to an item or service for
        which a payment amount is determined under open negotiations under
        paragraph (1), shall be made directly to the nonparticipating
        provider or facility not later than 30 days after the date on which
        such determination is made.
            ``(7) Publication of information relating to the idr process.--
                ``(A) Publication of information.--For each calendar
            quarter in 2022 and each calendar quarter in a subsequent year,
            the Secretary shall make available on the public website of the
            Department of Health and Human Services--
                    ``(i) the number of notifications submitted under
                paragraph (1)(B) during such calendar quarter;
                    ``(ii) the size of the provider practices and the size
                of the facilities submitting notifications under paragraph
                (1)(B) during such calendar quarter;
                    ``(iii) the number of such notifications with respect
                to which a determination was made under paragraph (5)(A);
                    ``(iv) the information described in subparagraph (B)
                with respect to each notification with respect to which
                such a determination was so made;
                    ``(v) the number of times the payment amount determined
                (or agreed to) under this subsection exceeds the qualifying
                payment amount, specified by items and services;
                    ``(vi) the amount of expenditures made by the Secretary
                during such calendar quarter to carry out the IDR process;
                    ``(vii) the total amount of fees paid under paragraph
                (8) during such calendar quarter; and
                    ``(viii) the total amount of compensation paid to
                certified IDR entities under paragraph (5)(F) during such
                calendar quarter.
                ``(B) Information.--For purposes of subparagraph (A), the
            information described in this subparagraph is, with respect to
            a notification under paragraph (1)(B) by a nonparticipating
            provider, nonparticipating emergency facility, group health
            plan, or health insurance issuer offering group or individual
            health insurance coverage--
                    ``(i) a description of each item and service included
                with respect to such notification;
                    ``(ii) the geography in which the items and services
                with respect to such notification were provided;
                    ``(iii) the amount of the offer submitted under
                paragraph (5)(B) by the group health plan or health
                insurance issuer (as applicable) and by the
                nonparticipating provider or nonparticipating emergency
                facility (as applicable) expressed as a percentage of the
                qualifying payment amount;
                    ``(iv) whether the offer selected by the certified IDR
                entity under paragraph (5) to be the payment applied was
                the offer submitted by such plan or issuer (as applicable)
                or by such provider or facility (as applicable) and the
                amount of such offer so selected expressed as a percentage
                of the qualifying payment amount;
                    ``(v) the category and practice specialty of each such
                provider or facility involved in furnishing such items and
                services;
                    ``(vi) the identity of the health plan or health
                insurance issuer, provider, or facility, with respect to
                the notification;
                    ``(vii) the length of time in making each
                determination;
                    ``(viii) the compensation paid to the certified IDR
                entity with respect to the settlement or determination; and
                    ``(ix) any other information specified by the
                Secretary.
                ``(C) IDR entity requirements.--For 2022 and each
            subsequent year, an IDR entity, as a condition of certification
            as an IDR entity, shall submit to the Secretary such
            information as the Secretary determines necessary to carry out
            the provisions of this subsection.
                ``(D) Clarification.--The Secretary shall ensure the public
            reporting under this paragraph does not contain information
            that would disclose privileged or confidential information of a
            group health plan or health insurance issuer offering group or
            individual health insurance coverage or of a provider or
            facility.
            ``(8) Administrative fee.--
                ``(A) In general.--Each party to a determination under
            paragraph (5) to which an entity is selected under paragraph
            (3) in a year shall pay to the Secretary, at such time and in
            such manner as specified by the Secretary, a fee for
            participating in the IDR process with respect to such
            determination in an amount described in subparagraph (B) for
            such year.
                ``(B) Amount of fee.--The amount described in this
            subparagraph for a year is an amount established by the
            Secretary in a manner such that the total amount of fees paid
            under this paragraph for such year is estimated to be equal to
            the amount of expenditures estimated to be made by the
            Secretary for such year in carrying out the IDR process.
            ``(9) Waiver authority.--The Secretary may modify any deadline
        or other timing requirement specified under this subsection (other
        than the establishment date for the IDR process under paragraph
        (2)(A) and other than under paragraph (6)) in cases of extenuating
        circumstances, as specified by the Secretary, or to ensure that all
        claims that occur during a 90-day period described in paragraph
        (5)(E)(ii), but with respect to which a notification is not
        permitted by reason of such paragraph to be submitted under
        paragraph (1)(B) during such period, are eligible for the IDR
        process.''.
        (b) ERISA.--Section 716 of the Employee Retirement Income Security
    Act of 1974, as added by section 102, is amended--
            (1) by redesignating subsection (c) as subsection (d); and
            (2) by inserting after subsection (b) the following new
        subsection:
        ``(c) Determination of Out-of-network Rates to Be Paid by Health
    Plans; Independent Dispute Resolution Process.--
            ``(1) Determination through open negotiation.--
                ``(A) In general.--With respect to an item or service
            furnished in a year by a nonparticipating provider or a
            nonparticipating facility, with respect to a group health plan
            or health insurance issuer offering group health insurance
            coverage, in a State described in subsection (a)(3)(K)(ii) with
            respect to such plan or coverage and provider or facility, and
            for which a payment is required to be made by the plan or
            coverage pursuant to subsection (a)(1) or (b)(1), the provider
            or facility (as applicable) or plan or coverage may, during the
            30-day period beginning on the day the provider or facility
            receives an initial payment or a notice of denial of payment
            from the plan or coverage regarding a claim for payment for
            such item or service, initiate open negotiations under this
            paragraph between such provider or facility and plan or
            coverage for purposes of determining, during the open
            negotiation period, an amount agreed on by such provider or
            facility, respectively, and such plan or coverage for payment
            (including any cost-sharing) for such item or service. For
            purposes of this subsection, the open negotiation period, with
            respect to an item or service, is the 30-day period beginning
            on the date of initiation of the negotiations with respect to
            such item or service.
                ``(B) Accessing independent dispute resolution process in
            case of failed negotiations.--In the case of open negotiations
            pursuant to subparagraph (A), with respect to an item or
            service, that do not result in a determination of an amount of
            payment for such item or service by the last day of the open
            negotiation period described in such subparagraph with respect
            to such item or service, the provider or facility (as
            applicable) or group health plan or health insurance issuer
            offering group health insurance coverage that was party to such
            negotiations may, during the 4-day period beginning on the day
            after such open negotiation period, initiate the independent
            dispute resolution process under paragraph (2) with respect to
            such item or service. The independent dispute resolution
            process shall be initiated by a party pursuant to the previous
            sentence by submission to the other party and to the Secretary
            of a notification (containing such information as specified by
            the Secretary) and for purposes of this subsection, the date of
            initiation of such process shall be the date of such submission
            or such other date specified by the Secretary pursuant to
            regulations that is not later than the date of receipt of such
            notification by both the other party and the Secretary.
            ``(2) Independent dispute resolution process available in case
        of failed open negotiations.--
                ``(A) Establishment.--Not later than 1 year after the date
            of the enactment of this subsection, the Secretary, jointly
            with the Secretary of Health and Human Services and the
            Secretary of the Treasury, shall establish by regulation one
            independent dispute resolution process (referred to in this
            subsection as the `IDR process') under which, in the case of an
            item or service with respect to which a provider or facility
            (as applicable) or group health plan or health insurance issuer
            offering group health insurance coverage submits a notification
            under paragraph (1)(B) (in this subsection referred to as a
            `qualified IDR item or service'), a certified IDR entity under
            paragraph (4) determines, subject to subparagraph (B) and in
            accordance with the succeeding provisions of this subsection,
            the amount of payment under the plan or coverage for such item
            or service furnished by such provider or facility.
                ``(B) Authority to continue negotiations.--Under the
            independent dispute resolution process, in the case that the
            parties to a determination for a qualified IDR item or service
            agree on a payment amount for such item or service during such
            process but before the date on which the entity selected with
            respect to such determination under paragraph (4) makes such
            determination under paragraph (5), such amount shall be treated
            for purposes of subsection (a)(3)(K)(ii) as the amount agreed
            to by such parties for such item or service. In the case of an
            agreement described in the previous sentence, the independent
            dispute resolution process shall provide for a method to
            determine how to allocate between the parties to such
            determination the payment of the compensation of the entity
            selected with respect to such determination.
                ``(C) Clarification.--A nonparticipating provider may not,
            with respect to an item or service furnished by such provider,
            submit a notification under paragraph (1)(B) if such provider
            is exempt from the requirement under subsection (a) of section
            2799B-2 of the Public Health Service Act with respect to such
            item or service pursuant to subsection (b) of such section.
            ``(3) Treatment of batching of items and services.--
                ``(A) In general.--Under the IDR process, the Secretary
            shall specify criteria under which multiple qualified IDR
            dispute items and services are permitted to be considered
            jointly as part of a single determination by an entity for
            purposes of encouraging the efficiency (including minimizing
            costs) of the IDR process. Such items and services may be so
            considered only if--
                    ``(i) such items and services to be included in such
                determination are furnished by the same provider or
                facility;
                    ``(ii) payment for such items and services is required
                to be made by the same group health plan or health
                insurance issuer;
                    ``(iii) such items and services are related to the
                treatment of a similar condition; and
                    ``(iv) such items and services were furnished during
                the 30 day period following the date on which the first
                item or service included with respect to such determination
                was furnished or an alternative period as determined by the
                Secretary, for use in limited situations, such as by the
                consent of the parties or in the case of low-volume items
                and services, to encourage procedural efficiency and
                minimize health plan and provider administrative costs.
                ``(B) Treatment of bundled payments.--In carrying out
            subparagraph (A), the Secretary shall provide that, in the case
            of items and services which are included by a provider or
            facility as part of a bundled payment, such items and services
            included in such bundled payment may be part of a single
            determination under this subsection.
            ``(4) Certification and selection of idr entities.--
                ``(A) In general.--The Secretary, jointly with the
            Secretary of Health and Human Services and Secretary of the
            Treasury, shall establish a process to certify (including to
            recertify) entities under this paragraph. Such process shall
            ensure that an entity so certified--
                    ``(i) has (directly or through contracts or other
                arrangements) sufficient medical, legal, and other
                expertise and sufficient staffing to make determinations
                described in paragraph (5) on a timely basis;
                    ``(ii) is not--

                        ``(I) a group health plan or health insurance
                    issuer offering group health insurance coverage,
                    provider, or facility;
                        ``(II) an affiliate or a subsidiary of such a group
                    health plan or health insurance issuer, provider, or
                    facility; or
                        ``(III) an affiliate or subsidiary of a
                    professional or trade association of such group health
                    plans or health insurance issuers or of providers or
                    facilities;

                    ``(iii) carries out the responsibilities of such an
                entity in accordance with this subsection;
                    ``(iv) meets appropriate indicators of fiscal
                integrity;
                    ``(v) maintains the confidentiality (in accordance with
                regulations promulgated by the Secretary) of individually
                identifiable health information obtained in the course of
                conducting such determinations;
                    ``(vi) does not under the IDR process carry out any
                determination with respect to which the entity would not
                pursuant to subclause (I), (II), or (III) of subparagraph
                (F)(i) be eligible for selection; and
                    ``(vii) meets such other requirements as determined
                appropriate by the Secretary.
                ``(B) Period of certification.--Subject to subparagraph
            (C), each certification (including a recertification) of an
            entity under the process described in subparagraph (A) shall be
            for a 5-year period.
                ``(C) Revocation.--A certification of an entity under this
            paragraph may be revoked under the process described in
            subparagraph (A) if the entity has a pattern or practice of
            noncompliance with any of the requirements described in such
            subparagraph.
                ``(D) Petition for denial or withdrawal.--The process
            described in subparagraph (A) shall ensure that an individual,
            provider, facility, or group health plan or health insurance
            issuer offering group health insurance coverage may petition
            for a denial of a certification or a revocation of a
            certification with respect to an entity under this paragraph
            for failure of meeting a requirement of this subsection.
                ``(E) Sufficient number of entities.--The process described
            in subparagraph (A) shall ensure that a sufficient number of
            entities are certified under this paragraph to ensure the
            timely and efficient provision of determinations described in
            paragraph (5).
                ``(F) Selection of certified idr entity.--The Secretary
            shall, with respect to the determination of the amount of
            payment under this subsection of an item or service, provide
            for a method--
                    ``(i) that allows for the group health plan or health
                insurance issuer offering group health insurance coverage
                and the nonparticipating provider or the nonparticipating
                emergency facility (as applicable) involved in a
                notification under paragraph (1)(B) to jointly select, not
                later than the last day of the 3-business day period
                following the date of the initiation of the process with
                respect to such item or service, for purposes of making
                such determination, an entity certified under this
                paragraph that--

                        ``(I) is not a party to such determination or an
                    employee or agent of such a party;
                        ``(II) does not have a material familial,
                    financial, or professional relationship with such a
                    party; and
                        ``(III) does not otherwise have a conflict of
                    interest with such a party (as determined by the
                    Secretary); and

                    ``(ii) that requires, in the case such parties do not
                make such selection by such last day, the Secretary to, not
                later than 6 business days after such date of initiation--

                        ``(I) select such an entity that satisfies
                    subclauses (I) through (III) of clause (i)); and
                        ``(II) provide notification of such selection to
                    the provider or facility (as applicable) and the plan
                    or issuer (as applicable) party to such determination.

    An entity selected pursuant to the previous sentence to make a
    determination described in such sentence shall be referred to in this
    subsection as the `certified IDR entity' with respect to such
    determination.
            ``(5) Payment determination.--
                ``(A) In general.--Not later than 30 days after the date of
            selection of the certified IDR entity with respect to a
            determination for a qualified IDR item or service, the
            certified IDR entity shall--
                    ``(i) taking into account the considerations specified
                in subparagraph (C), select one of the offers submitted
                under subparagraph (B) to be the amount of payment for such
                item or service determined under this subsection for
                purposes of subsection (a)(1) or (b)(1), as applicable; and
                    ``(ii) notify the provider or facility and the group
                health plan or health insurance issuer offering group
                health insurance coverage party to such determination of
                the offer selected under clause (i).
                ``(B) Submission of offers.--Not later than 10 days after
            the date of selection of the certified IDR entity with respect
            to a determination for a qualified IDR item or service, the
            provider or facility and the group health plan or health
            insurance issuer offering group health insurance coverage party
            to such determination--
                    ``(i) shall each submit to the certified IDR entity
                with respect to such determination--

                        ``(I) an offer for a payment amount for such item
                    or service furnished by such provider or facility; and
                        ``(II) such information as requested by the
                    certified IDR entity relating to such offer; and

                    ``(ii) may each submit to the certified IDR entity with
                respect to such determination any information relating to
                such offer submitted by either party, including information
                relating to any circumstance described in subparagraph
                (C)(ii).
                ``(C) Considerations in determination.--
                    ``(i) In general.--In determining which offer is the
                payment to be applied pursuant to this paragraph, the
                certified IDR entity, with respect to the determination for
                a qualified IDR item or service shall consider--

                        ``(I) the qualifying payment amounts (as defined in
                    subsection (a)(3)(E)) for the applicable year for items
                    or services that are comparable to the qualified IDR
                    item or service and that are furnished in the same
                    geographic region (as defined by the Secretary for
                    purposes of such subsection) as such qualified IDR item
                    or service; and
                        ``(II) subject to subparagraph (D), information on
                    any circumstance described in clause (ii), such
                    information as requested in subparagraph (B)(i)(II),
                    and any additional information provided in subparagraph
                    (B)(ii).

                    ``(ii) Additional circumstances.--For purposes of
                clause (i)(II), the circumstances described in this clause
                are, with respect to a qualified IDR item or service of a
                nonparticipating provider, nonparticipating emergency
                facility, group health plan, or health insurance issuer of
                group health insurance coverage the following:

                        ``(I) The level of training, experience, and
                    quality and outcomes measurements of the provider or
                    facility that furnished such item or service (such as
                    those endorsed by the consensus-based entity authorized
                    in section 1890 of the Social Security Act).
                        ``(II) The market share held by the
                    nonparticipating provider or facility or that of the
                    plan or issuer in the geographic region in which the
                    item or service was provided.
                        ``(III) The acuity of the individual receiving such
                    item or service or the complexity of furnishing such
                    item or service to such individual.
                        ``(IV) The teaching status, case mix, and scope of
                    services of the nonparticipating facility that
                    furnished such item or service.
                        ``(V) Demonstrations of good faith efforts (or lack
                    of good faith efforts) made by the nonparticipating
                    provider or nonparticipating facility or the plan or
                    issuer to enter into network agreements and, if
                    applicable, contracted rates between the provider or
                    facility, as applicable, and the plan or issuer, as
                    applicable, during the previous 4 plan years.

                ``(D) Prohibition on consideration of certain factors.--In
            determining which offer is the payment to be applied with
            respect to qualified IDR items and services furnished by a
            provider or facility, the certified IDR entity with respect to
            a determination shall not consider usual and customary charges,
            the amount that would have been billed by such provider or
            facility with respect to such items and services had the
            provisions of section 2799B-1 of the Public Health Service Act
            or 2799B-2 of such Act (as applicable) not applied, or the
            payment or reimbursement rate for such items and services
            furnished by such provider or facility payable by a public
            payor, including under the Medicare program under title XVIII
            of the Social Security Act, under the Medicaid program under
            title XIX of such Act, under the Children's Health Insurance
            Program under title XXI of such Act, under the TRICARE program
            under chapter 55 of title 10, United States Code, or under
            chapter 17 of title 38, United States Code.
                ``(E) Effects of determination.--
                    ``(i) In general.--A determination of a certified IDR
                entity under subparagraph (A)--

                        ``(I) shall be binding upon the parties involved,
                    in the absence of a fraudulent claim or evidence of
                    misrepresentation of facts presented to the IDR entity
                    involved regarding such claim; and
                        ``(II) shall not be subject to judicial review,
                    except in a case described in any of paragraphs (1)
                    through (4) of section 10(a) of title 9, United States
                    Code.

                    ``(ii) Suspension of certain subsequent idr requests.--
                In the case of a determination of a certified IDR entity
                under subparagraph (A), with respect to an initial
                notification submitted under paragraph (1)(B) with respect
                to qualified IDR items and services and the two parties
                involved with such notification, the party that submitted
                such notification may not submit during the 90-day period
                following such determination a subsequent notification
                under such paragraph involving the same other party to such
                notification with respect to such an item or service that
                was the subject of such initial notification.
                    ``(iii) Subsequent submission of requests permitted.--
                In the case of a notification that pursuant to clause (ii)
                is not permitted to be submitted under paragraph (1)(B)
                during a 90-day period specified in such clause, if the end
                of the open negotiation period specified in paragraph
                (1)(A), that but for this clause would otherwise apply with
                respect to such notification, occurs during such 90-day
                period, such paragraph (1)(B) shall be applied as if the
                reference in such paragraph to the 4-day period beginning
                on the day after such open negotiation period were instead
                a reference to the 30-day period beginning on the day after
                the last day of such 90-day period.
                    ``(iv) Reports.--The Secretary, jointly with the
                Secretary of Health and Human Services and the Secretary of
                the Treasury, shall examine the impact of the application
                of clause (ii) and whether the application of such clause
                delays payment determinations or impacts early, alternative
                resolution of claims (such as through open negotiations),
                and shall submit to Congress, not later than 2 years after
                the date of implementation of such clause an interim report
                (and not later than 4 years after such date of
                implementation, a final report) on whether any group health
                plans or health insurance issuers offering group or
                individual health insurance coverage or types of such plans
                or coverage have a pattern or practice of routine denial,
                low payment, or down-coding of claims, or otherwise abuse
                the 90-day period described in such clause, including
                recommendations on ways to discourage such a pattern or
                practice.
                ``(F) Costs of independent dispute resolution process.--In
            the case of a notification under paragraph (1)(B) submitted by
            a nonparticipating provider, nonparticipating emergency
            facility, group health plan, or health insurance issuer
            offering group health insurance coverage and submitted to a
            certified IDR entity--
                    ``(i) if such entity makes a determination with respect
                to such notification under subparagraph (A), the party
                whose offer is not chosen under such subparagraph shall be
                responsible for paying all fees charged by such entity; and
                    ``(ii) if the parties reach a settlement with respect
                to such notification prior to such a determination, each
                party shall pay half of all fees charged by such entity,
                unless the parties otherwise agree.
            ``(6) Timing of payment.--The total plan or coverage payment
        required pursuant to subsection (a)(1) or (b)(1), with respect to a
        qualified IDR item or service for which a determination is made
        under paragraph (5)(A) or with respect to an item or service for
        which a payment amount is determined under open negotiations under
        paragraph (1), shall be made directly to the nonparticipating
        provider or facility not later than 30 days after the date on which
        such determination is made.
            ``(7) Publication of information relating to the idr process.--
                ``(A) Publication of information.--For each calendar
            quarter in 2022 and each calendar quarter in a subsequent year,
            the Secretary shall make available on the public website of the
            Department of Labor--
                    ``(i) the number of notifications submitted under
                paragraph (1)(B) during such calendar quarter;
                    ``(ii) the size of the provider practices and the size
                of the facilities submitting notifications under paragraph
                (1)(B) during such calendar quarter;
                    ``(iii) the number of such notifications with respect
                to which a determination was made under paragraph (5)(A);
                    ``(iv) the information described in subparagraph (B)
                with respect to each notification with respect to which
                such a determination was so made;
                    ``(v) the number of times the payment amount determined
                (or agreed to) under this subsection exceeds the qualifying
                payment amount, specified by items and services;
                    ``(vi) the amount of expenditures made by the Secretary
                during such calendar quarter to carry out the IDR process;
                    ``(vii) the total amount of fees paid under paragraph
                (8) during such calendar quarter; and
                    ``(viii) the total amount of compensation paid to
                certified IDR entities under paragraph (5)(F) during such
                calendar quarter.
                ``(B) Information.--For purposes of subparagraph (A), the
            information described in this subparagraph is, with respect to
            a notification under paragraph (1)(B) by a nonparticipating
            provider, nonparticipating emergency facility, group health
            plan, or health insurance issuer offering group health
            insurance coverage--
                    ``(i) a description of each item and service included
                with respect to such notification;
                    ``(ii) the geography in which the items and services
                with respect to such notification were provided;
                    ``(iii) the amount of the offer submitted under
                paragraph (5)(B) by the group health plan or health
                insurance issuer (as applicable) and by the
                nonparticipating provider or nonparticipating emergency
                facility (as applicable) expressed as a percentage of the
                qualifying payment amount;
                    ``(iv) whether the offer selected by the certified IDR
                entity under paragraph (5) to be the payment applied was
                the offer submitted by such plan or issuer (as applicable)
                or by such provider or facility (as applicable) and the
                amount of such offer so selected expressed as a percentage
                of the qualifying payment amount;
                    ``(v) the category and practice specialty of each such
                provider or facility involved in furnishing such items and
                services;
                    ``(vi) the identity of the health plan or health
                insurance issuer, provider, or facility, with respect to
                the notification;
                    ``(vii) the length of time in making each
                determination;
                    ``(viii) the compensation paid to the certified IDR
                entity with respect to the settlement or determination; and
                    ``(ix) any other information specified by the
                Secretary.
                ``(C) IDR entity requirements.--For 2022 and each
            subsequent year, an IDR entity, as a condition of certification
            as an IDR entity, shall submit to the Secretary such
            information as the Secretary determines necessary to carry out
            the provisions of this subsection.
                ``(D) Clarification.--The Secretary shall ensure the public
            reporting under this paragraph does not contain information
            that would disclose privileged or confidential information of a
            group health plan or health insurance issuer offering group or
            individual health insurance coverage or of a provider or
            facility.
            ``(8) Administrative fee.--
                ``(A) In general.--Each party to a determination under
            paragraph (5) to which an entity is selected under paragraph
            (3) in a year shall pay to the Secretary, at such time and in
            such manner as specified by the Secretary, a fee for
            participating in the IDR process with respect to such
            determination in an amount described in subparagraph (B) for
            such year.
                ``(B) Amount of fee.--The amount described in this
            subparagraph for a year is an amount established by the
            Secretary in a manner such that the total amount of fees paid
            under this paragraph for such year is estimated to be equal to
            the amount of expenditures estimated to be made by the
            Secretary for such year in carrying out the IDR process.
            ``(9) Waiver authority.--The Secretary may modify any deadline
        or other timing requirement specified under this subsection (other
        than the establishment date for the IDR process under paragraph
        (2)(A) and other than under paragraph (6)) in cases of extenuating
        circumstances, as specified by the Secretary, or to ensure that all
        claims that occur during a 90-day period described in paragraph
        (5)(E)(ii), but with respect to which a notification is not
        permitted by reason of such paragraph to be submitted under
        paragraph (1)(B) during such period, are eligible for the IDR
        process.''.
        (c) IRC.--Section 9816 of the Internal Revenue Code of 1986, as
    added by section 102, is amended--
            (1) by redesignating subsection (c) as subsection (d); and
            (2) by inserting after subsection (b) the following new
        subsection:
        ``(c) Determination of Out-of-network Rates to Be Paid by Health
    Plans; Independent Dispute Resolution Process.--
            ``(1) Determination through open negotiation.--
                ``(A) In general.--With respect to an item or service
            furnished in a year by a nonparticipating provider or a
            nonparticipating facility, with respect to a group health plan,
            in a State described in subsection (a)(3)(K)(ii) with respect
            to such plan and provider or facility, and for which a payment
            is required to be made by the plan pursuant to subsection
            (a)(1) or (b)(1), the provider or facility (as applicable) or
            plan may, during the 30-day period beginning on the day the
            provider or facility receives an initial payment or a notice of
            denial of payment from the plan regarding a claim for payment
            for such item or service, initiate open negotiations under this
            paragraph between such provider or facility and plan for
            purposes of determining, during the open negotiation period, an
            amount agreed on by such provider or facility, respectively,
            and such plan for payment (including any cost-sharing) for such
            item or service. For purposes of this subsection, the open
            negotiation period, with respect to an item or service, is the
            30-day period beginning on the date of initiation of the
            negotiations with respect to such item or service.
                ``(B) Accessing independent dispute resolution process in
            case of failed negotiations.--In the case of open negotiations
            pursuant to subparagraph (A), with respect to an item or
            service, that do not result in a determination of an amount of
            payment for such item or service by the last day of the open
            negotiation period described in such subparagraph with respect
            to such item or service, the provider or facility (as
            applicable) or group health plan that was party to such
            negotiations may, during the 4-day period beginning on the day
            after such open negotiation period, initiate the independent
            dispute resolution process under paragraph (2) with respect to
            such item or service. The independent dispute resolution
            process shall be initiated by a party pursuant to the previous
            sentence by submission to the other party and to the Secretary
            of a notification (containing such information as specified by
            the Secretary) and for purposes of this subsection, the date of
            initiation of such process shall be the date of such submission
            or such other date specified by the Secretary pursuant to
            regulations that is not later than the date of receipt of such
            notification by both the other party and the Secretary.
            ``(2) Independent dispute resolution process available in case
        of failed open negotiations.--
                ``(A) Establishment.--Not later than 1 year after the date
            of the enactment of this subsection, the Secretary, jointly
            with the Secretary of Health and Human Services and the
            Secretary of Labor, shall establish by regulation one
            independent dispute resolution process (referred to in this
            subsection as the `IDR process') under which, in the case of an
            item or service with respect to which a provider or facility
            (as applicable) or group health plan submits a notification
            under paragraph (1)(B) (in this subsection referred to as a
            `qualified IDR item or service'), a certified IDR entity under
            paragraph (4) determines, subject to subparagraph (B) and in
            accordance with the succeeding provisions of this subsection,
            the amount of payment under the plan for such item or service
            furnished by such provider or facility.
                ``(B) Authority to continue negotiations.--Under the
            independent dispute resolution process, in the case that the
            parties to a determination for a qualified IDR item or service
            agree on a payment amount for such item or service during such
            process but before the date on which the entity selected with
            respect to such determination under paragraph (4) makes such
            determination under paragraph (5), such amount shall be treated
            for purposes of subsection (a)(3)(K)(ii) as the amount agreed
            to by such parties for such item or service. In the case of an
            agreement described in the previous sentence, the independent
            dispute resolution process shall provide for a method to
            determine how to allocate between the parties to such
            determination the payment of the compensation of the entity
            selected with respect to such determination.
                ``(C) Clarification.--A nonparticipating provider may not,
            with respect to an item or service furnished by such provider,
            submit a notification under paragraph (1)(B) if such provider
            is exempt from the requirement under subsection (a) of section
            2799B-2 of the Public Health Service Act with respect to such
            item or service pursuant to subsection (b) of such section.
            ``(3) Treatment of batching of items and services.--
                ``(A) In general.--Under the IDR process, the Secretary
            shall specify criteria under which multiple qualified IDR
            dispute items and services are permitted to be considered
            jointly as part of a single determination by an entity for
            purposes of encouraging the efficiency (including minimizing
            costs) of the IDR process. Such items and services may be so
            considered only if--
                    ``(i) such items and services to be included in such
                determination are furnished by the same provider or
                facility;
                    ``(ii) payment for such items and services is required
                to be made by the same group health plan or health
                insurance issuer;
                    ``(iii) such items and services are related to the
                treatment of a similar condition; and
                    ``(iv) such items and services were furnished during
                the 30 day period following the date on which the first
                item or service included with respect to such determination
                was furnished or an alternative period as determined by the
                Secretary, for use in limited situations, such as by the
                consent of the parties or in the case of low-volume items
                and services, to encourage procedural efficiency and
                minimize health plan and provider administrative costs.
                ``(B) Treatment of bundled payments.--In carrying out
            subparagraph (A), the Secretary shall provide that, in the case
            of items and services which are included by a provider or
            facility as part of a bundled payment, such items and services
            included in such bundled payment may be part of a single
            determination under this subsection.
            ``(4) Certification and selection of idr entities.--
                ``(A) In general.--The Secretary, jointly with the
            Secretary of Health and Human Services and the Secretary of
            Labor, shall establish a process to certify (including to
            recertify) entities under this paragraph. Such process shall
            ensure that an entity so certified--
                    ``(i) has (directly or through contracts or other
                arrangements) sufficient medical, legal, and other
                expertise and sufficient staffing to make determinations
                described in paragraph (5) on a timely basis;
                    ``(ii) is not--

                        ``(I) a group health plan, provider, or facility;
                        ``(II) an affiliate or a subsidiary of such a group
                    health plan, provider, or facility; or
                        ``(III) an affiliate or subsidiary of a
                    professional or trade association of such group health
                    plans or of providers or facilities;

                    ``(iii) carries out the responsibilities of such an
                entity in accordance with this subsection;
                    ``(iv) meets appropriate indicators of fiscal
                integrity;
                    ``(v) maintains the confidentiality (in accordance with
                regulations promulgated by the Secretary) of individually
                identifiable health information obtained in the course of
                conducting such determinations;
                    ``(vi) does not under the IDR process carry out any
                determination with respect to which the entity would not
                pursuant to subclause (I), (II), or (III) of subparagraph
                (F)(i) be eligible for selection; and
                    ``(vii) meets such other requirements as determined
                appropriate by the Secretary.
                ``(B) Period of certification.--Subject to subparagraph
            (C), each certification (including a recertification) of an
            entity under the process described in subparagraph (A) shall be
            for a 5-year period.
                ``(C) Revocation.--A certification of an entity under this
            paragraph may be revoked under the process described in
            subparagraph (A) if the entity has a pattern or practice of
            noncompliance with any of the requirements described in such
            subparagraph.
                ``(D) Petition for denial or withdrawal.--The process
            described in subparagraph (A) shall ensure that an individual,
            provider, facility, or group health plan may petition for a
            denial of a certification or a revocation of a certification
            with respect to an entity under this paragraph for failure of
            meeting a requirement of this subsection.
                ``(E) Sufficient number of entities.--The process described
            in subparagraph (A) shall ensure that a sufficient number of
            entities are certified under this paragraph to ensure the
            timely and efficient provision of determinations described in
            paragraph (5).
                ``(F) Selection of certified idr entity.--The Secretary
            shall, with respect to the determination of the amount of
            payment under this subsection of an item or service, provide
            for a method--
                    ``(i) that allows for the group health plan and the
                nonparticipating provider or the nonparticipating emergency
                facility (as applicable) involved in a notification under
                paragraph (1)(B) to jointly select, not later than the last
                day of the 3-business day period following the date of the
                initiation of the process with respect to such item or
                service, for purposes of making such determination, an
                entity certified under this paragraph that--

                        ``(I) is not a party to such determination or an
                    employee or agent of such a party;
                        ``(II) does not have a material familial,
                    financial, or professional relationship with such a
                    party; and
                        ``(III) does not otherwise have a conflict of
                    interest with such a party (as determined by the
                    Secretary); and

                    ``(ii) that requires, in the case such parties do not
                make such selection by such last day, the Secretary to, not
                later than 6 business days after such date of initiation--

                        ``(I) select such an entity that satisfies
                    subclauses (I) through (III) of clause (i)); and
                        ``(II) provide notification of such selection to
                    the provider or facility (as applicable) and the plan
                    or issuer (as applicable) party to such determination.

    An entity selected pursuant to the previous sentence to make a
    determination described in such sentence shall be referred to in this
    subsection as the `certified IDR entity' with respect to such
    determination.
            ``(5) Payment determination.--
                ``(A) In general.--Not later than 30 days after the date of
            selection of the certified IDR entity with respect to a
            determination for a qualified IDR item or service, the
            certified IDR entity shall--
                    ``(i) taking into account the considerations specified
                in subparagraph (C), select one of the offers submitted
                under subparagraph (B) to be the amount of payment for such
                item or service determined under this subsection for
                purposes of subsection (a)(1) or (b)(1), as applicable; and
                    ``(ii) notify the provider or facility and the group
                health plan party to such determination of the offer
                selected under clause (i).
                ``(B) Submission of offers.--Not later than 10 days after
            the date of selection of the certifed IDR entity with respect
            to a determination for a qualified IDR item or service, the
            provider or facility and the group health plan party to such
            determination--
                    ``(i) shall each submit to the certified IDR entity
                with respect to such determination--

                        ``(I) an offer for a payment amount for such item
                    or service furnished by such provider or facility; and
                        ``(II) such information as requested by the
                    certified IDR entity relating to such offer; and

                    ``(ii) may each submit to the certified IDR entity with
                respect to such determination any information relating to
                such offer submitted by either party, including information
                relating to any circumstance described in subparagraph
                (C)(ii).
                ``(C) Considerations in determination.--
                    ``(i) In general.--In determining which offer is the
                payment to be applied pursuant to this paragraph, the
                certified IDR entity, with respect to the determination for
                a qualified IDR item or service shall consider--

                        ``(I) the qualifying payment amounts (as defined in
                    subsection (a)(3)(E)) for the applicable year for items
                    or services that are comparable to the qualified IDR
                    item or service and that are furnished in the same
                    geographic region (as defined by the Secretary for
                    purposes of such subsection) as such qualified IDR item
                    or service; and
                        ``(II) subject to subparagraph (D), information on
                    any circumstance described in clause (ii), such
                    information as requested in subparagraph (B)(i)(II),
                    and any additional information provided in subparagraph
                    (B)(ii).

                    ``(ii) Additional circumstances.--For purposes of
                clause (i)(II), the circumstances described in this clause
                are, with respect to a qualified IDR item or service of a
                nonparticipating provider, nonparticipating emergency
                facility, or group health plan, the following:

                        ``(I) The level of training, experience, and
                    quality and outcomes measurements of the provider or
                    facility that furnished such item or service (such as
                    those endorsed by the consensus-based entity authorized
                    in section 1890 of the Social Security Act).
                        ``(II) The market share held by the
                    nonparticipating provider or facility or that of the
                    plan or issuer in the geographic region in which the
                    item or service was provided.
                        ``(III) The acuity of the individual receiving such
                    item or service or the complexity of furnishing such
                    item or service to such individual.
                        ``(IV) The teaching status, case mix, and scope of
                    services of the nonparticipating facility that
                    furnished such item or service.
                        ``(V) Demonstrations of good faith efforts (or lack
                    of good faith efforts) made by the nonparticipating
                    provider or nonparticipating facility or the plan or
                    issuer to enter into network agreements and, if
                    applicable, contracted rates between the provider or
                    facility, as applicable, and the plan or issuer, as
                    applicable, during the previous 4 plan years.

                ``(D) Prohibition on consideration of certain factors.--In
            determining which offer is the payment to be applied with
            respect to qualified IDR items and services furnished by a
            provider or facility, the certified IDR entity with respect to
            a determination shall not consider usual and customary charges,
            the amount that would have been billed by such provider or
            facility with respect to such items and services had the
            provisions of section 2799B-1 of the Public Health Service Act
            or 2799B-2 of such Act (as applicable) not applied, or the
            payment or reimbursement rate for such items and services
            furnished by such provider or facility payable by a public
            payor, including under the Medicare program under title XVIII
            of the Social Security Act, under the Medicaid program under
            title XIX of such Act, under the Children's Health Insurance
            Program under title XXI of such Act, under the TRICARE program
            under chapter 55 of title 10, United States Code, or under
            chapter 17 of title 38, United States Code.
                ``(E) Effects of determination.--
                    ``(i) In general.--A determination of a certified IDR
                entity under subparagraph (A)--

                        ``(I) shall be binding upon the parties involved,
                    in the absence of a fraudulent claim or evidence of
                    misrepresentation of facts presented to the IDR entity
                    involved regarding such claim; and
                        ``(II) shall not be subject to judicial review,
                    except in a case described in any of paragraphs (1)
                    through (4) of section 10(a) of title 9, United States
                    Code.

                    ``(ii) Suspension of certain subsequent idr requests.--
                In the case of a determination of a certified IDR entity
                under subparagraph (A), with respect to an initial
                notification submitted under paragraph (1)(B) with respect
                to qualified IDR items and services and the two parties
                involved with such notification, the party that submitted
                such notification may not submit during the 90-day period
                following such determination a subsequent notification
                under such paragraph involving the same other party to such
                notification with respect to such an item or service that
                was the subject of such initial notification.
                    ``(iii) Subsequent submission of requests permitted.--
                In the case of a notification that pursuant to clause (ii)
                is not permitted to be submitted under paragraph (1)(B)
                during a 90-day period specified in such clause, if the end
                of the open negotiation period specified in paragraph
                (1)(A), that but for this clause would otherwise apply with
                respect to such notification, occurs during such 90-day
                period, such paragraph (1)(B) shall be applied as if the
                reference in such paragraph to the 4-day period beginning
                on the day after such open negotiation period were instead
                a reference to the 30-day period beginning on the day after
                the last day of such 90-day period.
                    ``(iv) Reports.--The Secretary, jointly with the
                Secretary of Labor and the Secretary of the Health and
                Human Services, shall examine the impact of the application
                of clause (ii) and whether the application of such clause
                delays payment determinations or impacts early, alternative
                resolution of claims (such as through open negotiations),
                and shall submit to Congress, not later than 2 years after
                the date of implementation of such clause an interim report
                (and not later than 4 years after such date of
                implementation, a final report) on whether any group health
                plans or health insurance issuers offering group or
                individual health insurance coverage or types of such plans
                or coverage have a pattern or practice of routine denial,
                low payment, or down-coding of claims, or otherwise abuse
                the 90-day period described in such clause, including
                recommendations on ways to discourage such a pattern or
                practice.
                ``(F) Costs of independent dispute resolution process.--In
            the case of a notification under paragraph (1)(B) submitted by
            a nonparticipating provider, nonparticipating emergency
            facility, or group health plan and submitted to a certified IDR
            entity--
                    ``(i) if such entity makes a determination with respect
                to such notification under subparagraph (A), the party
                whose offer is not chosen under such subparagraph shall be
                responsible for paying all fees charged by such entity; and
                    ``(ii) if the parties reach a settlement with respect
                to such notification prior to such a determination, each
                party shall pay half of all fees charged by such entity,
                unless the parties otherwise agree.
            ``(6) Timing of payment.--The total plan payment required
        pursuant to subsection (a)(1) or (b)(1), with respect to a
        qualified IDR item or service for which a determination is made
        under paragraph (5)(A) or with respect to an item or service for
        which a payment amount is determined under open negotiations under
        paragraph (1), shall be made directly to the nonparticipating
        provider or facility not later than 30 days after the date on which
        such determination is made.
            ``(7) Publication of information relating to the idr process.--
                ``(A) Publication of information.--For each calendar
            quarter in 2022 and each calendar quarter in a subsequent year,
            the Secretary shall make available on the public website of the
            Department of the Treasury--
                    ``(i) the number of notifications submitted under
                paragraph (1)(B) during such calendar quarter;
                    ``(ii) the size of the provider practices and the size
                of the facilities submitting notifications under paragraph
                (1)(B) during such calendar quarter;
                    ``(iii) the number of such notifications with respect
                to which a determination was made under paragraph (5)(A);
                    ``(iv) the information described in subparagraph (B)
                with respect to each notification with respect to which
                such a determination was so made;
                    ``(v) the number of times the payment amount determined
                (or agreed to) under this subsection exceeds the qualifying
                payment amount, specified by items and services;
                    ``(vi) the amount of expenditures made by the Secretary
                during such calendar quarter to carry out the IDR process;
                    ``(vii) the total amount of fees paid under paragraph
                (8) during such calendar quarter; and
                    ``(viii) the total amount of compensation paid to
                certified IDR entities under paragraph (5)(F) during such
                calendar quarter.
                ``(B) Information.--For purposes of subparagraph (A), the
            information described in this subparagraph is, with respect to
            a notification under paragraph (1)(B) by a nonparticipating
            provider, nonparticipating emergency facility, or group health
            plan--
                    ``(i) a description of each item and service included
                with respect to such notification;
                    ``(ii) the geography in which the items and services
                with respect to such notification were provided;
                    ``(iii) the amount of the offer submitted under
                paragraph (5)(B) by the group health plan and by the
                nonparticipating provider or nonparticipating emergency
                facility (as applicable) expressed as a percentage of the
                qualifying payment amount;
                    ``(iv) whether the offer selected by the certified IDR
                entity under paragraph (5) to be the payment applied was
                the offer submitted by such plan or by such provider or
                facility (as applicable) and the amount of such offer so
                selected expressed as a percentage of the qualifying
                payment amount;
                    ``(v) the category and practice specialty of each such
                provider or facility involved in furnishing such items and
                services;
                    ``(vi) the identity of the group health plan, provider,
                or facility, with respect to the notification;
                    ``(vii) the length of time in making each
                determination;
                    ``(viii) the compensation paid to the certified IDR
                entity with respect to the settlement or determination; and
                    ``(ix) any other information specified by the
                Secretary.
                ``(C) IDR entity requirements.--For 2022 and each
            subsequent year, an IDR entity, as a condition of certification
            as an IDR entity, shall submit to the Secretary such
            information as the Secretary determines necessary to carry out
            the provisions of this subsection.
                ``(D) Clarification.--The Secretary shall ensure the public
            reporting under this paragraph does not contain information
            that would disclose privileged or confidential information of a
            group health plan or health insurance issuer offering group or
            individual health insurance coverage or of a provider or
            facility.
            ``(8) Administrative fee.--
                ``(A) In general.--Each party to a determination under
            paragraph (5) to which an entity is selected under paragraph
            (3) in a year shall pay to the Secretary, at such time and in
            such manner as specified by the Secretary, a fee for
            participating in the IDR process with respect to such
            determination in an amount described in subparagraph (B) for
            such year.
                ``(B) Amount of fee.--The amount described in this
            subparagraph for a year is an amount established by the
            Secretary in a manner such that the total amount of fees paid
            under this paragraph for such year is estimated to be equal to
            the amount of expenditures estimated to be made by the
            Secretary for such year in carrying out the IDR process.
            ``(9) Waiver authority.--The Secretary may modify any deadline
        or other timing requirement specified under this subsection (other
        than the establishment date for the IDR process under paragraph
        (2)(A) and other than under paragraph (6)) in cases of extenuating
        circumstances, as specified by the Secretary, or to ensure that all
        claims that occur during a 90-day period described in paragraph
        (5)(E)(ii), but with respect to which a notification is not
        permitted by reason of such paragraph to be submitted under
        paragraph (1)(B) during such period, are eligible for the IDR
        process.''.
        SEC. 104. HEALTH CARE PROVIDER REQUIREMENTS REGARDING SURPRISE
          MEDICAL BILLING.
        (a) In General.--Title XXVII of the Public Health Service Act (42
    U.S.C. 300gg et seq.) is amended by inserting after part D, as added by
    section 102, the following:

                  ``PART E--HEALTH CARE PROVIDER REQUIREMENTS

    ``SEC. 2799B-1. BALANCE BILLING IN CASES OF EMERGENCY SERVICES.
        ``(a) In General.--In the case of a participant, beneficiary, or
    enrollee with benefits under a group health plan or group or individual
    health insurance coverage offered by a health insurance issuer and who
    is furnished during a plan year beginning on or after January 1, 2022,
    emergency services (for which benefits are provided under the plan or
    coverage) with respect to an emergency medical condition with respect
    to a visit at an emergency department of a hospital or an independent
    freestanding emergency department--
            ``(1) in the case that the hospital or independent freestanding
        emergency department is a nonparticipating emergency facility, the
        emergency department of a hospital or independent freestanding
        emergency department shall not bill, and shall not hold liable, the
        participant, beneficiary, or enrollee for a payment amount for such
        emergency services so furnished that is more than the cost-sharing
        requirement for such services (as determined in accordance with
        clauses (ii) and (iii) of section 2799A-1(a)(1)(C), of section
        9816(a)(1)(C) of the Internal Revenue Code of 1986, and of section
        716(a)(1)(C) of the Employee Retirement Income Security Act of
        1974, as applicable); and
            ``(2) in the case that such services are furnished by a
        nonparticipating provider, the health care provider shall not bill,
        and shall not hold liable, such participant, beneficiary, or
        enrollee for a payment amount for an emergency service furnished to
        such individual by such provider with respect to such emergency
        medical condition and visit for which the individual receives
        emergency services at the hospital or emergency department that is
        more than the cost-sharing requirement for such services furnished
        by the provider (as determined in accordance with clauses (ii) and
        (iii) of section 2799A-1(a)(1)(C), of section 9816(a)(1)(C) of the
        Internal Revenue Code of 1986, and of section 716(a)(1)(C) of the
        Employee Retirement Income Security Act of 1974, as applicable).
        ``(b) Definition.--In this section, the term `visit' shall have
    such meaning as applied to such term for purposes of section 2799A-
    1(b).
    ``SEC. 2799B-2. BALANCE BILLING IN CASES OF NON-EMERGENCY SERVICES
    PERFORMED BY NONPARTICIPATING PROVIDERS AT CERTAIN PARTICIPATING
    FACILITIES.
        ``(a) In General.--Subject to subsection (b), in the case of a
    participant, beneficiary, or enrollee with benefits under a group
    health plan or group or individual health insurance coverage offered by
    a health insurance issuer and who is furnished during a plan year
    beginning on or after January 1, 2022, items or services (other than
    emergency services to which section 2799B-1 applies) for which benefits
    are provided under the plan or coverage at a participating health care
    facility by a nonparticipating provider, such provider shall not bill,
    and shall not hold liable, such participant, beneficiary, or enrollee
    for a payment amount for such an item or service furnished by such
    provider with respect to a visit at such facility that is more than the
    cost-sharing requirement for such item or service (as determined in
    accordance with subparagraphs (A) and (B) of section 2799A-1(b)(1) of
    section 9816(b)(1) of the Internal Revenue Code of 1986, and of section
    716(b)(1) of the Employee Retirement Income Security Act of 1974, as
    applicable).
        ``(b) Exception.--
            ``(1) In general.--Subsection (a) shall not apply with respect
        to items or services (other than ancillary services described in
        paragraph (2)) furnished by a nonparticipating provider to a
        participant, beneficiary, or enrollee of a group health plan or
        group or individual health insurance coverage offered by a health
        insurance issuer, if the provider satisfies the notice and consent
        criteria of subsection (d).
            ``(2) Ancillary services described.--For purposes of paragraph
        (1), ancillary services described in this paragraph are, with
        respect to a participating health care facility--
                ``(A) subject to paragraph (3), items and services related
            to emergency medicine, anesthesiology, pathology, radiology,
            and neonatology, whether or not provided by a physician or non-
            physician practitioner, and items and services provided by
            assistant surgeons, hospitalists, and intensivists;
                ``(B) subject to paragraph (3), diagnostic services
            (including radiology and laboratory services);
                ``(C) items and services provided by such other specialty
            practitioners, as the Secretary specifies through rulemaking;
            and
                ``(D) items and services provided by a nonparticipating
            provider if there is no participating provider who can furnish
            such item or service at such facility.
            ``(3) Exception.--The Secretary may, through rulemaking,
        establish a list (and update such list periodically) of advanced
        diagnostic laboratory tests, which shall not be included as an
        ancillary service described in paragraph (2) and with respect to
        which subsection (a) would apply.
        ``(c) Clarification.--In the case of a nonparticipating provider
    that satisfies the notice and consent criteria of subsection (d) with
    respect to an item or service (referred to in this subsection as a
    `covered item or service'), such notice and consent criteria may not be
    construed as applying with respect to any item or service that is
    furnished as a result of unforeseen, urgent medical needs that arise at
    the time such covered item or service is furnished. For purposes of the
    previous sentence, a covered item or service shall not include an
    ancillary service described in subsection (b)(2).
        ``(d) Notice and Consent to Be Treated by a Nonparticipating
    Provider or Nonparticipating Facility.--
            ``(1) In general.--A nonparticipating provider or
        nonparticipating facility satisfies the notice and consent criteria
        of this subsection, with respect to items or services furnished by
        the provider or facility to a participant, beneficiary, or enrollee
        of a group health plan or group or individual health insurance
        coverage offered by a health insurance issuer, if the provider (or,
        if applicable, the participating health care facility on behalf of
        such provider) or nonparticipating facility--
                ``(A) in the case that the participant, beneficiary, or
            enrollee makes an appointment to be furnished such items or
            services at least 72 hours prior to the date on which the
            individual is to be furnished such items or services, provides
            to the participant, beneficiary, or enrollee (or to an
            authorized representative of the participant, beneficiary, or
            enrollee) not later than 72 hours prior to the date on which
            the individual is furnished such items or services (or, in the
            case that the participant, beneficiary, or enrollee makes such
            an appointment within 72 hours of when such items or services
            are to be furnished, provides to the participant, beneficiary,
            or enrollee (or to an authorized representative of the
            participant, beneficiary, or enrollee) on such date the
            appointment is made), a written notice in paper or electronic
            form, as selected by the participant, beneficiary, or enrollee,
            (and including electronic notification, as practicable)
            specified by the Secretary, not later than July 1, 2021,
            through guidance (which shall be updated as determined
            necessary by the Secretary) that--
                    ``(i) contains the information required under paragraph
                (2);
                    ``(ii) clearly states that consent to receive such
                items and services from such nonparticipating provider or
                nonparticipating facility is optional and that the
                participant, beneficiary, or enrollee may instead seek care
                from a participating provider or at a participating
                facility, with respect to such plan or coverage, as
                applicable, in which case the cost-sharing responsibility
                of the participant, beneficiary, or enrollee would not
                exceed such responsibility that would apply with respect to
                such an item or service that is furnished by a
                participating provider or participating facility, as
                applicable with respect to such plan; and
                    ``(iii) is available in the 15 most common languages in
                the geographic region of the applicable facility;
                ``(B) obtains from the participant, beneficiary, or
            enrollee (or from such an authorized representative) the
            consent described in paragraph (3) to be treated by a
            nonparticipating provider or nonparticipating facility; and
                ``(C) provides a signed copy of such consent to the
            participant, beneficiary, or enrollee through mail or email (as
            selected by the participant, beneficiary, or enrollee).
            ``(2) Information required under written notice.--For purposes
        of paragraph (1)(A)(i), the information described in this
        paragraph, with respect to a nonparticipating provider or
        nonparticipating facility and a participant, beneficiary, or
        enrollee of a group health plan or group or individual health
        insurance coverage offered by a health insurance issuer, is each of
        the following:
                ``(A) Notification, as applicable, that the health care
            provider is a nonparticipating provider with respect to the
            health plan or the health care facility is a nonparticipating
            facility with respect to the health plan.
                ``(B) Notification of the good faith estimated amount that
            such provider or facility may charge the participant,
            beneficiary, or enrollee for such items and services involved,
            including a notification that the provision of such estimate or
            consent to be treated under paragraph (3) does not constitute a
            contract with respect to the charges estimated for such items
            and services.
                ``(C) In the case of a participating facility and a
            nonparticipating provider, a list of any participating
            providers at the facility who are able to furnish such items
            and services involved and notification that the participant,
            beneficiary, or enrollee may be referred, at their option, to
            such a participating provider.
                ``(D) Information about whether prior authorization or
            other care management limitations may be required in advance of
            receiving such items or services at the facility.
            ``(3) Consent described to be treated by a nonparticipating
        provider or nonparticipating facility.--For purposes of paragraph
        (1)(B), the consent described in this paragraph, with respect to a
        participant, beneficiary, or enrollee of a group health plan or
        group or individual health insurance coverage offered by a health
        insurance issuer who is to be furnished items or services by a
        nonparticipating provider or nonparticipating facility, is a
        document specified by the Secretary, in consultation with the
        Secretary of Labor, through guidance that shall be signed by the
        participant, beneficiary, or enrollee before such items or services
        are furnished and that --
                ``(A) acknowledges (in clear and understandable language)
            that the participant, beneficiary, or enrollee has been--
                    ``(i) provided with the written notice under paragraph
                (1)(A);
                    ``(ii) informed that the payment of such charge by the
                participant, beneficiary, or enrollee may not accrue toward
                meeting any limitation that the plan or coverage places on
                cost-sharing, including an explanation that such payment
                may not apply to an in-network deductible applied under the
                plan or coverage; and
                    ``(iii) provided the opportunity to receive the written
                notice under paragraph (1)(A) in the form selected by the
                participant, beneficiary or enrollee; and
                ``(B) documents the date on which the participant,
            beneficiary, or enrollee received the written notice under
            paragraph (1)(A) and the date on which the individual signed
            such consent to be furnished such items or services by such
            provider or facility.
            ``(4) Rule of construction.--The consent described in paragraph
        (3), with respect to a participant, beneficiary, or enrollee of a
        group health plan or group or individual health insurance coverage
        offered by a health insurance issuer, shall constitute only consent
        to the receipt of the information provided pursuant to this
        subsection and shall not constitute a contractual agreement of the
        participant, beneficiary, or enrollee to any estimated charge or
        amount included in such information.
        ``(e) Retention of Certain Documents.--A nonparticipating facility
    (with respect to such facility or any nonparticipating provider at such
    facility) or a participating facility (with respect to nonparticipating
    providers at such facility) that obtains from a participant,
    beneficiary, or enrollee of a group health plan or group or individual
    health insurance coverage offered by a health insurance issuer (or an
    authorized representative of such participant, beneficiary, or
    enrollee) a written notice in accordance with subsection (d)(1)(B),
    with respect to furnishing an item or service to such participant,
    beneficiary, or enrollee, shall retain such notice for at least a 7-
    year period after the date on which such item or service is so
    furnished.
        ``(f) Definitions.--In this section:
            ``(1) The terms `nonparticipating provider' and `participating
        provider' have the meanings given such terms, respectively, in
        subsection (a)(3) of section 2799A-1.
            ``(2) The term `participating health care facility' has the
        meaning given such term in subsection (b)(2) of section 2799A-1.
            ``(3) The term `nonparticipating facility' means--
                ``(A) with respect to emergency services (as defined in
            section 2799A-1(a)(3)(C)(i)) and a group health plan or group
            or individual health insurance coverage offered by a health
            insurance issuer, an emergency department of a hospital, or an
            independent freestanding emergency department, that does not
            have a contractual relationship with the plan or issuer,
            respectively, with respect to the furnishing of such services
            under the plan or coverage, respectively; and
                ``(B) with respect to services described in section 2799A-
            1(a)(3)(C)(ii) and a group health plan or group or individual
            health insurance coverage offered by a health insurance issuer,
            a hospital or an independent freestanding emergency department,
            that does not have a contractual relationship with the plan or
            issuer, respectively, with respect to the furnishing of such
            services under the plan or coverage, respectively.
            ``(4) The term `participating facility' means--
                ``(A) with respect to emergency services (as defined in
            clause (i) of section 2799A-1(a)(3)(C)) that are not described
            in clause(ii) of such section and a group health plan or group
            or individual health insurance coverage offered by a health
            insurance issuer, an emergency department of a hospital, or an
            independent freestanding emergency department, that has a
            direct or indirect contractual relationship with the plan or
            issuer, respectively, with respect to the furnishing of such
            services under the plan or coverage, respectively; and
                ``(B) with respect to services that pursuant to clause (ii)
            of section 2799A-1(a)(3)(C), of section 9816(a)(3) of the
            Internal Revenue Code of 1986, and of section 716(a)(3) of the
            Employee Retirement Income Security Act of 1974, as applicable
            are included as emergency services (as defined in clause (i) of
            such section and a group health plan or group or individual
            health insurance coverage offered by a health insurance issuer,
            a hospital or an independent freestanding emergency department,
            that has a contractual relationship with the plan or coverage,
            respectively, with respect to the furnishing of such services
            under the plan or coverage, respectively.
    ``SEC. 2799B-3. PROVIDER REQUIREMENTS WITH RESPECT TO DISCLOSURE ON
    PATIENT PROTECTIONS AGAINST BALANCE BILLING.
        ``Beginning not later than January 1, 2022, each health care
    provider and health care facility shall make publicly available, and
    (if applicable) post on a public website of such provider or facility
    and provide to individuals who are participants, beneficiaries, or
    enrollees of a group health plan or group or individual health
    insurance coverage offered by a health insurance issuer a one-page
    notice (either postal or electronic mail, as specified by the
    participant, beneficiary, or enrollee) in clear and understandable
    language containing information on--
            ``(1) the requirements and prohibitions of such provider or
        facility under sections 2799B-1 and 2799B-2 (relating to
        prohibitions on balance billing in certain circumstances);
            ``(2) any other applicable State law requirements on such
        provider or facility regarding the amounts such provider or
        facility may, with respect to an item or service, charge a
        participant, beneficiary, or enrollee of a group health plan or
        group or individual health insurance coverage offered by a health
        insurance issuer with respect to which such provider or facility
        does not have a contractual relationship for furnishing such item
        or service under the plan or coverage, respectively, after
        receiving payment from the plan or coverage, respectively, for such
        item or service and any applicable cost-sharing payment from such
        participant, beneficiary, or enrollee; and
            ``(3) information on contacting appropriate State and Federal
        agencies in the case that an individual believes that such provider
        or facility has violated any requirement described in paragraph (1)
        or (2) with respect to such individual.
    ``SEC. 2799B-4. ENFORCEMENT.
        ``(a) State Enforcement.--
            ``(1) State authority.--Each State may require a provider or
        health care facility (including a provider of air ambulance
        services) subject to the requirements of this part to satisfy such
        requirements applicable to the provider or facility.
            ``(2) Failure to implement requirements.--In the case of a
        determination by the Secretary that a State has failed to
        substantially enforce the requirements to which paragraph (1)
        applies with respect to applicable providers and facilities in the
        State, the Secretary shall enforce such requirements under
        subsection (b) insofar as they relate to violations of such
        requirements occurring in such State.
            ``(3) Notification of applicable secretary.--A State may notify
        the Secretary of Labor, Secretary of Health and Human Services, or
        the Secretary of the Treasury, as applicable, of instances of
        violations of sections 2799B-1, 2799B-2, or 2799B-5 with respect to
        participants, beneficiaries, or enrollees under a group health plan
        or group or individual health insurance coverage, as applicable
        offered by a health insurance issuer and any enforcement actions
        taken against providers or facilities as a result of such
        violations, including the disposition of any such enforcement
        actions.
        ``(b) Secretarial Enforcement Authority.--
            ``(1) In general.--If a provider or facility is found by the
        Secretary to be in violation of a requirement to which subsection
        (a)(1) applies, the Secretary may apply a civil monetary penalty
        with respect to such provider or facility (including, as
        applicable, a provider of air ambulance services) in an amount not
        to exceed $10,000 per violation. The provisions of subsections (c)
        (with the exception of the first sentence of paragraph (1) of such
        subsection), (d), (e), (g), (h), (k), and (l) of section 1128A of
        the Social Security Act shall apply to a civil monetary penalty or
        assessment under this subsection in the same manner as such
        provisions apply to a penalty, assessment, or proceeding under
        subsection (a) of such section.
            ``(2) Limitation.--The provisions of paragraph (1) shall apply
        to enforcement of a provision (or provisions) specified in
        subsection (a)(1) only as provided under subsection (a)(2).
            ``(3) Complaint process.--The Secretary shall, through
        rulemaking, establish a process to receive consumer complaints of
        violations of such provisions and provide a response to such
        complaints within 60 days of receipt of such complaints.
            ``(4) Exception.--The Secretary shall waive the penalties
        described under paragraph (1) with respect to a facility or
        provider (including a provider of air ambulance services) who does
        not knowingly violate, and should not have reasonably known it
        violated, section 2799B-1 or 2799B-2 (or, in the case of a provider
        of air ambulance services, section 2799B-5) with respect to a
        participant, beneficiary, or enrollee, if such facility or
        provider, within 30 days of the violation, withdraws the bill that
        was in violation of such provision and reimburses the health plan
        or enrollee, as applicable, in an amount equal to the difference
        between the amount billed and the amount allowed to be billed under
        the provision, plus interest, at an interest rate determined by the
        Secretary.
            ``(5) Hardship exemption.--The Secretary may establish a
        hardship exemption to the penalties under this subsection.
        ``(c) Continued Applicability of State Law.--The sections specified
    in subsection (a)(1) shall not be construed to supersede any provision
    of State law which establishes, implements, or continues in effect any
    requirement or prohibition except to the extent that such requirement
    or prohibition prevents the application of a requirement or prohibition
    of such a section.''.
        (b) Secretary of Labor Enforcement.--
            (1) In general.--Part 5 of subtitle B of title I of the
        Employee Retirement Income Security Act of 1974 (29 U.S.C. 1131 et
        seq.) is amended by adding at the end the following new section:
        ``SEC. 522. COORDINATION OF ENFORCEMENT REGARDING VIOLATIONS OF
          CERTAIN HEALTH CARE PROVIDER REQUIREMENTS; COMPLAINT PROCESS.
        ``(a) Investigating Violations.--Upon receiving a notice from a
    State or the Secretary of Health and Human Services of violations of
    sections 2799B-1, 2799B-2, or 2799B-5 of the Public Health Service Act,
    the Secretary of Labor shall identify patterns of such violations with
    respect to participants or beneficiaries under a group health plan or
    group health insurance coverage offered by a health insurance issuer
    and conduct an investigation pursuant to section 504 where appropriate,
    as determined by the Secretary. The Secretary shall coordinate with
    States and the Secretary of Health and Human Services, in accordance
    with section 506 and with section 104 of Health Insurance Portability
    and Accountability Act of 1996, where appropriate, as determined by the
    Secretary, to ensure that appropriate measures have been taken to
    correct such violations retrospectively and prospectively with respect
    to participants or beneficiaries under a group health plan or group
    health insurance coverage offered by a health insurance issuer.
        ``(b) Complaint Process.-- Not later than January 1, 2022, the
    Secretary shall ensure a process under which the Secretary--
            ``(1) may receive complaints from participants and
        beneficiaries of group health plans or group health insurance
        coverage offered by a health insurance issuer relating to alleged
        violations of the sections specified in subsection (a); and
            ``(2) transmits such complaints to States or the Secretary of
        Health and Human Services (as determined appropriate by the
        Secretary) for potential enforcement actions.''.
            (2) Technical amendment.--The table of contents in section 1 of
        the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1001
        et seq.) is amended by inserting after the item relating to section
        521 the following new item:

    ``Sec. 522. Coordination of enforcement regarding violations of certain
              health care provider requirements; complaint process.''.
        SEC. 105. ENDING SURPRISE AIR AMBULANCE BILLS.
        (a) Group Health Plans and Individual and Group Health Insurance
    Coverage.--
            (1) PHSA amendments.--Part D of title XXVII of the Public
        Health Service Act, as added and amended by section 102 and further
        amended by the previous provisions of this title, is further
        amended by inserting after section 2799A-1 the following:
    ``SEC. 2799A-2. ENDING SURPRISE AIR AMBULANCE BILLS.
        ``(a) In General.--In the case of a participant, beneficiary, or
    enrollee who is in a group health plan or group or individual health
    insurance coverage offered by a health insurance issuer and who
    receives air ambulance services from a nonparticipating provider (as
    defined in section 2799A-1(a)(3)(G)) with respect to such plan or
    coverage, if such services would be covered if provided by a
    participating provider (as defined in such section) with respect to
    such plan or coverage--
            ``(1) the cost-sharing requirement with respect to such
        services shall be the same requirement that would apply if such
        services were provided by such a participating provider, and any
        coinsurance or deductible shall be based on rates that would apply
        for such services if they were furnished by such a participating
        provider;
            ``(2) such cost-sharing amounts shall be counted towards the
        in-network deductible and in-network out-of-pocket maximum amount
        under the plan or coverage for the plan year (and such in-network
        deductible shall be applied) with respect to such items and
        services so furnished in the same manner as if such cost-sharing
        payments were with respect to items and services furnished by a
        participating provider; and
            ``(3) the group health plan or health insurance issuer,
        respectively, shall--
                ``(A) not later than 30 calendar days after the bill for
            such services is transmitted by such provider, send to the
            provider, an initial payment or notice of denial of payment;
            and
                ``(B) pay a total plan or coverage payment, in accordance
            with, if applicable, subsection (b)(6), directly to such
            provider furnishing such services to such participant,
            beneficiary, or enrollee that is, with application of any
            initial payment under subparagraph (A), equal to the amount by
            which the out-of-network rate (as defined in section 2799A-
            1(a)(3)(K)) for such services and year involved exceeds the
            cost-sharing amount imposed under the plan or coverage,
            respectively, for such services (as determined in accordance
            with paragraphs (1) and (2)).
        ``(b) Determination of Out-of-network Rates to Be Paid by Health
    Plans; Independent Dispute Resolution Process.--
            ``(1) Determination through open negotiation.--
                ``(A) In general.--With respect to air ambulance services
            furnished in a year by a nonparticipating provider, with
            respect to a group health plan or health insurance issuer
            offering group or individual health insurance coverage, and for
            which a payment is required to be made by the plan or coverage
            pursuant to subsection (a)(3), the provider or plan or coverage
            may, during the 30-day period beginning on the day the provider
            receives an initial payment or a notice of denial of payment
            from the plan or coverage regarding a claim for payment for
            such service, initiate open negotiations under this paragraph
            between such provider and plan or coverage for purposes of
            determining, during the open negotiation period, an amount
            agreed on by such provider, and such plan or coverage for
            payment (including any cost-sharing) for such service. For
            purposes of this subsection, the open negotiation period, with
            respect to air ambulance services, is the 30-day period
            beginning on the date of initiation of the negotiations with
            respect to such services.
                ``(B) Accessing independent dispute resolution process in
            case of failed negotiations.--In the case of open negotiations
            pursuant to subparagraph (A), with respect to air ambulance
            services, that do not result in a determination of an amount of
            payment for such services by the last day of the open
            negotiation period described in such subparagraph with respect
            to such services, the provider or group health plan or health
            insurance issuer offering group or individual health insurance
            coverage that was party to such negotiations may, during the 4-
            day period beginning on the day after such open negotiation
            period, initiate the independent dispute resolution process
            under paragraph (2) with respect to such item or service. The
            independent dispute resolution process shall be initiated by a
            party pursuant to the previous sentence by submission to the
            other party and to the Secretary of a notification (containing
            such information as specified by the Secretary) and for
            purposes of this subsection, the date of initiation of such
            process shall be the date of such submission or such other date
            specified by the Secretary pursuant to regulations that is not
            later than the date of receipt of such notification by both the
            other party and the Secretary.
            ``(2) Independent dispute resolution process available in case
        of failed open negotiations.--
                ``(A) Establishment.--Not later than 1 year after the date
            of the enactment of this subsection, the Secretary, jointly
            with the Secretary of Labor and the Secretary of the Treasury,
            shall establish by regulation one independent dispute
            resolution process (referred to in this subsection as the `IDR
            process') under which, in the case of air ambulance services
            with respect to which a provider or group health plan or health
            insurance issuer offering group or individual health insurance
            coverage submits a notification under paragraph (1)(B) (in this
            subsection referred to as a `qualified IDR air ambulance
            services'), a certified IDR entity under paragraph (4)
            determines, subject to subparagraph (B) and in accordance with
            the succeeding provisions of this subsection, the amount of
            payment under the plan or coverage for such services furnished
            by such provider.
                ``(B) Authority to continue negotiations.--Under the
            independent dispute resolution process, in the case that the
            parties to a determination for qualified IDR air ambulance
            services agree on a payment amount for such services during
            such process but before the date on which the entity selected
            with respect to such determination under paragraph (4) makes
            such determination under paragraph (5), such amount shall be
            treated for purposes of section 2799A-1(a)(3)(K)(ii) as the
            amount agreed to by such parties for such services. In the case
            of an agreement described in the previous sentence, the
            independent dispute resolution process shall provide for a
            method to determine how to allocate between the parties to such
            determination the payment of the compensation of the entity
            selected with respect to such determination.
                ``(C) Clarification.--A nonparticipating provider may not,
            with respect to an item or service furnished by such provider,
            submit a notification under paragraph (1)(B) if such provider
            is exempt from the requirement under subsection (a) of section
            2799B-2 with respect to such item or service pursuant to
            subsection (b) of such section.
            ``(3) Treatment of batching of services.--The provisions of
        section 2799A-1(c)(3) shall apply with respect to a notification
        submitted under this subsection with respect to air ambulance
        services in the same manner and to the same extent such provisions
        apply with respect to a notification submitted under section 2799A-
        1(c) with respect to items and services described in such section.
            ``(4) Idr entities.--
                ``(A) Eligibility.--An IDR entity certified under this
            subsection is an IDR entity certified under section 2799A-
            1(c)(4).
                ``(B) Selection of certified idr entity.--The provisions of
            subparagraph (F) of section 2799A-1(c)(4) shall apply with
            respect to selecting an IDR entity certified pursuant to
            subparagraph (A) with respect to the determination of the
            amount of payment under this subsection of air ambulance
            services in the same manner as such provisions apply with
            respect to selecting an IDR entity certified under such section
            with respect to the determination of the amount of payment
            under section 2799A-1(c) of an item or service. An entity
            selected pursuant to the previous sentence to make a
            determination described in such sentence shall be referred to
            in this subsection as the `certified IDR entity' with respect
            to such determination.
            ``(5) Payment determination.--
                ``(A) In general.--Not later than 30 days after the date of
            selection of the certified IDR entity with respect to a
            determination for qualified IDR ambulance services, the
            certified IDR entity shall--
                    ``(i) taking into account the considerations specified
                in subparagraph (C), select one of the offers submitted
                under subparagraph (B) to be the amount of payment for such
                services determined under this subsection for purposes of
                subsection (a)(3); and
                    ``(ii) notify the provider or facility and the group
                health plan or health insurance issuer offering group or
                individual health insurance coverage party to such
                determination of the offer selected under clause (i).
                ``(B) Submission of offers.--Not later than 10 days after
            the date of selection of the certified IDR entity with respect
            to a determination for qualified IDR air ambulance services,
            the provider and the group health plan or health insurance
            issuer offering group or individual health insurance coverage
            party to such determination--
                    ``(i) shall each submit to the certified IDR entity
                with respect to such determination--

                        ``(I) an offer for a payment amount for such
                    services furnished by such provider; and
                        ``(II) such information as requested by the
                    certified IDR entity relating to such offer; and

                    ``(ii) may each submit to the certified IDR entity with
                respect to such determination any information relating to
                such offer submitted by either party, including information
                relating to any circumstance described in subparagraph
                (C)(ii).
                ``(C) Considerations in determination.--
                    ``(i) In general.--In determining which offer is the
                payment to be applied pursuant to this paragraph, the
                certified IDR entity, with respect to the determination for
                a qualified IDR air ambulance service shall consider--

                        ``(I) the qualifying payment amounts (as defined in
                    section 2799A-1(a)(3)(E)) for the applicable year for
                    items or services that are comparable to the qualified
                    IDR air ambulance service and that are furnished in the
                    same geographic region (as defined by the Secretary for
                    purposes of such subsection) as such qualified IDR air
                    ambulance service; and
                        ``(II) subject to clause (iii), information on any
                    circumstance described in clause (ii), such information
                    as requested in subparagraph (B)(i)(II), and any
                    additional information provided in subparagraph
                    (B)(ii).

                    ``(ii) Additional circumstances.--For purposes of
                clause (i)(II), the circumstances described in this clause
                are, with respect to air ambulance services included in the
                notification submitted under paragraph (1)(B) of a
                nonparticipating provider, group health plan, or health
                insurance issuer the following:

                        ``(I) The quality and outcomes measurements of the
                    provider that furnished such services.
                        ``(II) The acuity of the individual receiving such
                    services or the complexity of furnishing such services
                    to such individual.
                        ``(III) The training, experience, and quality of
                    the medical personnel that furnished such services.
                        ``(IV) Ambulance vehicle type, including the
                    clinical capability level of such vehicle.
                        ``(V) Population density of the pick up location
                    (such as urban, suburban, rural, or frontier).
                        ``(VI) Demonstrations of good faith efforts (or
                    lack of good faith efforts) made by the
                    nonparticipating provider or nonparticipating facility
                    or the plan or issuer to enter into network agreements
                    and, if applicable, contracted rates between the
                    provider and the plan or issuer, as applicable, during
                    the previous 4 plan years.

                    ``(iii) Prohibition on consideration of certain
                factors.--In determining which offer is the payment amount
                to be applied with respect to qualified IDR air ambulance
                services furnished by a provider, the certified IDR entity
                with respect to such determination shall not consider usual
                and customary charges, the amount that would have been
                billed by such provider with respect to such services had
                the provisions of section 2799B-5 not applied, or the
                payment or reimbursement rate for such services furnished
                by such provider payable by a public payor, including under
                the Medicare program under title XVIII of the Social
                Security Act, under the Medicaid program under title XIX of
                such Act, under the Children's Health Insurance Program
                under title XXI of such Act, under the TRICARE program
                under chapter 55 of title 10, United States Code, or under
                chapter 17 of title 38, United States Code.
                ``(D) Effects of determination.--The provisions of section
            2799A-1(c)(5)(E)) shall apply with respect to a determination
            of a certified IDR entity under subparagraph (A), the
            notification submitted with respect to such determination, the
            services with respect to such notification, and the parties to
            such notification in the same manner as such provisions apply
            with respect to a determination of a certified IDR entity under
            section 2799A-1(c)(5)(E), the notification submitted with
            respect to such determination, the items and services with
            respect to such notification, and the parties to such
            notification.
                ``(E) Costs of independent dispute resolution process.--The
            provisions of section 2799A-1(c)(5)(F) shall apply to a
            notification made under this subsection, the parties to such
            notification, and a determination under subparagraph (A) in the
            same manner and to the same extent such provisions apply to a
            notification under section 2799A-1(c), the parties to such
            notification and a determination made under section 2799A-
            1(c)(5)(A).
            ``(6) Timing of payment.--The total plan or coverage payment
        required pursuant to subsection (a)(3), with respect to qualified
        IDR air ambulance services for which a determination is made under
        paragraph (5)(A) or with respect to an air ambulance service for
        which a payment amount is determined under open negotiations under
        paragraph (1), shall be made directly to the nonparticipating
        provider not later than 30 days after the date on which such
        determination is made.
            ``(7) Publication of information relating to the idr process.--
                ``(A) In general.--For each calendar quarter in 2022 and
            each calendar quarter in a subsequent year, the Secretary shall
            publish on the public website of the Department of Health and
            Human Services--
                    ``(i) the number of notifications submitted under the
                IDR process during such calendar quarter;
                    ``(ii) the number of such notifications with respect to
                which a final determination was made under paragraph
                (5)(A);
                    ``(iii) the information described in subparagraph (B)
                with respect to each notification with respect to which
                such a determination was so made.
                    ``(iv) the number of times the payment amount
                determined (or agreed to) under this subsection exceeds the
                qualifying payment amount;
                    ``(v) the amount of expenditures made by the Secretary
                during such calendar quarter to carry out the IDR process;
                    ``(vi) the total amount of fees paid under paragraph
                (8) during such calendar quarter; and
                    ``(vii) the total amount of compensation paid to
                certified IDR entities under paragraph (5)(E)during such
                calendar quarter.
                ``(B) Information with respect to requests.--For purposes
            of subparagraph (A), the information described in this
            subparagraph is, with respect to a notification under the IDR
            process of a nonparticipating provider, group health plan, or
            health insurance issuer offering group or individual health
            insurance coverage--
                    ``(i) a description of each air ambulance service
                included in such notification;
                    ``(ii) the geography in which the services included in
                such notification were provided;
                    ``(iii) the amount of the offer submitted under
                paragraph (2) by the group health plan or health insurance
                issuer (as applicable) and by the nonparticipating provider
                expressed as a percentage of the qualifying payment amount;
                    ``(iv) whether the offer selected by the certified IDR
                entity under paragraph (5) to be the payment applied was
                the offer submitted by such plan or issuer (as applicable)
                or by such provider and the amount of such offer so
                selected expressed as a percentage of the qualifying
                payment amount;
                    ``(v) ambulance vehicle type, including the clinical
                capability level of such vehicle;
                    ``(vi) the identity of the group health plan or health
                insurance issuer or air ambulance provider with respect to
                such notification;
                    ``(vii) the length of time in making each
                determination;
                    ``(viii) the compensation paid to the certified IDR
                entity with respect to the settlement or determination; and
                    ``(ix) any other information specified by the
                Secretary.
                ``(C) IDR entity requirements.--For 2022 and each
            subsequent year, an IDR entity, as a condition of certification
            as an IDR entity, shall submit to the Secretary such
            information as the Secretary determines necessary for the
            Secretary to carry out the provisions of this paragraph.
                ``(D) Clarification.--The Secretary shall ensure the public
            reporting under this paragraph does not contain information
            that would disclose privileged or confidential information of a
            group health plan or health insurance issuer offering group or
            individual health insurance coverage or of a provider or
            facility.
            ``(8) Administrative fee.--
                ``(A) In general.--Each party to a determination under
            paragraph (5) to which an entity is selected under paragraph
            (4) in a year shall pay to the Secretary, at such time and in
            such manner as specified by the Secretary, a fee for
            participating in the IDR process with respect to such
            determination in an amount described in subparagraph (B) for
            such year.
                ``(B) Amount of fee.--The amount described in this
            subparagraph for a year is an amount established by the
            Secretary in a manner such that the total amount of fees paid
            under this paragraph for such year is estimated to be equal to
            the amount of expenditures estimated to be made by the
            Secretary for such year in carrying out the IDR process.
            ``(9) Waiver authority.--The Secretary may modify any deadline
        or other timing requirement specified under this subsection (other
        than the establishment date for the IDR process under paragraph
        (2)(A) and other than under paragraph (6)) in cases of extenuating
        circumstances, as specified by the Secretary, or to ensure that all
        claims that occur during a 90-day period applied through paragraph
        (5)(D), but with respect to which a notification is not permitted
        by reason of such paragraph to be submitted under paragraph (1)(B)
        during such period, are eligible for the IDR process.
        ``(c) Definitions.--For purposes of this section:
            ``(1) Air ambulance service.--The term `air ambulance service'
        means medical transport by helicopter or airplane for patients.
            ``(2) Qualifying payment amount.--The term `qualifying payment
        amount' has the meaning given such term in section 2799A-1(a)(3).
            ``(3) Nonparticipating provider.--The term `nonparticipating
        provider' has the meaning given such term in section 2799A-
        1(a)(3).''.
            (2) ERISA amendment.--
                (A) In general.--Subpart B of part 7 of title I of the
            Employee Retirement Income Security Act of 1974 (29 U.S.C. 1185
            et seq.), as amended by section 102(b) and further amended by
            the previous provisions of this title, is further amended by
            inserting after section 716 the following:
        ``SEC. 717. ENDING SURPRISE AIR AMBULANCE BILLS.
        ``(a) In General.--In the case of a participant or beneficiary who
    is in a group health plan or group health insurance coverage offered by
    a health insurance issuer and who receives air ambulance services from
    a nonparticipating provider (as defined in section 716(a)(3)(G)) with
    respect to such plan or coverage, if such services would be covered if
    provided by a participating provider (as defined in such section) with
    respect to such plan or coverage--
            ``(1) the cost-sharing requirement with respect to such
        services shall be the same requirement that would apply if such
        services were provided by such a participating provider, and any
        coinsurance or deductible shall be based on rates that would apply
        for such services if they were furnished by such a participating
        provider;
            ``(2) such cost-sharing amounts shall be counted towards the
        in-network deductible and in-network out-of-pocket maximum amount
        under the plan or coverage for the plan year (and such in-network
        deductible shall be applied) with respect to such items and
        services so furnished in the same manner as if such cost-sharing
        payments were with respect to items and services furnished by a
        participating provider; and
            ``(3) the group health plan or health insurance issuer,
        respectively, shall--
                ``(A) not later than 30 calendar days after the bill for
            such services is transmitted by such provider, send to the
            provider, an initial payment or notice of denial of payment;
            and
                ``(B) pay a total plan or coverage payment, in accordance
            with, if applicable, subsection (b)(6), directly to such
            provider furnishing such services to such participant,
            beneficiary, or enrollee that is, with application of any
            initial payment under subparagraph (A), equal to the amount by
            which the out-of-network rate (as defined in section
            716(a)(3)(K)) for such services and year involved exceeds the
            cost-sharing amount imposed under the plan or coverage,
            respectively, for such services (as determined in accordance
            with paragraphs (1) and (2)).
        ``(b) Determination of Out-of-network Rates to Be Paid by Health
    Plans; Independent Dispute Resolution Process.--
            ``(1) Determination through open negotiation.--
                ``(A) In general.--With respect to air ambulance services
            furnished in a year by a nonparticipating provider, with
            respect to a group health plan or health insurance issuer
            offering group health insurance coverage, and for which a
            payment is required to be made by the plan or coverage pursuant
            to subsection (a)(3), the provider or plan or coverage may,
            during the 30-day period beginning on the day the provider
            receives a payment or a statement of denial of payment from the
            plan or coverage regarding a claim for payment for such
            service, initiate open negotiations under this paragraph
            between such provider and plan or coverage for purposes of
            determining, during the open negotiation period, an amount
            agreed on by such provider, and such plan or coverage for
            payment (including any cost-sharing) for such service. For
            purposes of this subsection, the open negotiation period, with
            respect to air ambulance services, is the 30-day period
            beginning on the date of initiation of the negotiations with
            respect to such services.
                ``(B) Accessing independent dispute resolution process in
            case of failed negotiations.--In the case of open negotiations
            pursuant to subparagraph (A), with respect to air ambulance
            services, that do not result in a determination of an amount of
            payment for such services by the last day of the open
            negotiation period described in such subparagraph with respect
            to such services, the provider or group health plan or health
            insurance issuer offering group health insurance coverage that
            was party to such negotiations may, during the 4-day period
            beginning on the day after such open negotiation period,
            initiate the independent dispute resolution process under
            paragraph (2) with respect to such item or service. The
            independent dispute resolution process shall be initiated by a
            party pursuant to the previous sentence by submission to the
            other party and to the Secretary of a notification (containing
            such information as specified by the Secretary) and for
            purposes of this subsection, the date of initiation of such
            process shall be the date of such submission or such other date
            specified by the Secretary pursuant to regulations that is not
            later than the date of receipt of such notification by both the
            other party and the Secretary.
            ``(2) Independent dispute resolution process available in case
        of failed open negotiations.--
                ``(A) Establishment.--Not later than 1 year after the date
            of the enactment of this subsection, the Secretary, jointly
            with the Secretary of Health and Human Services and the
            Secretary of the Treasury, shall establish by regulation one
            independent dispute resolution process (referred to in this
            subsection as the `IDR process') under which, in the case of
            air ambulance services with respect to which a provider or
            group health plan or health insurance issuer offering group
            health insurance coverage submits a notification under
            paragraph (1)(B) (in this subsection referred to as a
            `qualified IDR air ambulance services'), a certified IDR entity
            under paragraph (4) determines, subject to subparagraph (B) and
            in accordance with the succeeding provisions of this
            subsection, the amount of payment under the plan or coverage
            for such services furnished by such provider.
                ``(B) Authority to continue negotiations.--Under the
            independent dispute resolution process, in the case that the
            parties to a determination for qualified IDR air ambulance
            services agree on a payment amount for such services during
            such process but before the date on which the entity selected
            with respect to such determination under paragraph (4) makes
            such determination under paragraph (5), such amount shall be
            treated for purposes of section 716(a)(3)(K)(ii) as the amount
            agreed to by such parties for such services. In the case of an
            agreement described in the previous sentence, the independent
            dispute resolution process shall provide for a method to
            determine how to allocate between the parties to such
            determination the payment of the compensation of the entity
            selected with respect to such determination.
                ``(C) Clarification.--A nonparticipating provider may not,
            with respect to an item or service furnished by such provider,
            submit a notification under paragraph (1)(B) if such provider
            is exempt from the requirement under subsection (a) of section
            2799B-2 of the Public Health Service Act with respect to such
            item or service pursuant to subsection (b) of such section.
            ``(3) Treatment of batching of services.--The provisions of
        section 716(c)(3) shall apply with respect to a notification
        submitted under this subsection with respect to air ambulance
        services in the same manner and to the same extent such provisions
        apply with respect to a notification submitted under section 716(c)
        with respect to items and services described in such section.
            ``(4) Idr entities.--
                ``(A) Eligibility.--An IDR entity certified under this
            subsection is an IDR entity certified under section 716(c)(4).
                ``(B) Selection of certified idr entity.--The provisions of
            subparagraph (F) of section 716(c)(4) shall apply with respect
            to selecting an IDR entity certified pursuant to subparagraph
            (A) with respect to the determination of the amount of payment
            under this subsection of air ambulance services in the same
            manner as such provisions apply with respect to selecting an
            IDR entity certified under such section with respect to the
            determination of the amount of payment under section 716(c) of
            an item or service. An entity selected pursuant to the previous
            sentence to make a determination described in such sentence
            shall be referred to in this subsection as the `certified IDR
            entity' with respect to such determination.
            ``(5) Payment determination.--
                ``(A) In general.--Not later than 30 days after the date of
            selection of the certified IDR entity with respect to a
            determination for qualified IDR ambulance services, the
            certified IDR entity shall--
                    ``(i) taking into account the considerations specified
                in subparagraph (C), select one of the offers submitted
                under subparagraph (B) to be the amount of payment for such
                services determined under this subsection for purposes of
                subsection (a)(3); and
                    ``(ii) notify the provider or facility and the group
                health plan or health insurance issuer offering group
                health insurance coverage party to such determination of
                the offer selected under clause (i).
                ``(B) Submission of offers.--Not later than 10 days after
            the date of selection of the certified IDR entity with respect
            to a determination for qualified IDR air ambulance services,
            the provider and the group health plan or health insurance
            issuer offering group health insurance coverage party to such
            determination--
                    ``(i) shall each submit to the certified IDR entity
                with respect to such determination--

                        ``(I) an offer for a payment amount for such
                    services furnished by such provider; and
                        ``(II) such information as requested by the
                    certified IDR entity relating to such offer; and

                    ``(ii) may each submit to the certified IDR entity with
                respect to such determination any information relating to
                such offer submitted by either party, including information
                relating to any circumstance described in subparagraph
                (C)(ii).
                ``(C) Considerations in determination.--
                    ``(i) In general.--In determining which offer is the
                payment to be applied pursuant to this paragraph, the
                certified IDR entity, with respect to the determination for
                a qualified IDR air ambulance service shall consider--

                        ``(I) the qualifying payment amounts (as defined in
                    section 716(a)(3)(E)) for the applicable year for items
                    and services that are comparable to the qualified IDR
                    air ambulance service and that are furnished in the
                    same geographic region (as defined by the Secretary for
                    purposes of such subsection) as such qualified IDR air
                    ambulance service; and
                        ``(II) subject to clause (iii), information on any
                    circumstance described in clause (ii), such information
                    as requested in subparagraph (B)(i)(II), and any
                    additional information provided in subparagraph
                    (B)(ii).

                    ``(ii) Additional circumstances.--For purposes of
                clause (i)(II), the circumstances described in this clause
                are, with respect to air ambulance services included in the
                notification submitted under paragraph (1)(B) of a
                nonparticipating provider, group health plan, or health
                insurance issuer the following:

                        ``(I) The quality and outcomes measurements of the
                    provider that furnished such services.
                        ``(II) The acuity of the individual receiving such
                    services or the complexity of furnishing such services
                    to such individual.
                        ``(III) The training, experience, and quality of
                    the medical personnel that furnished such services.
                        ``(IV) Ambulance vehicle type, including the
                    clinical capability level of such vehicle.
                        ``(V) Population density of the pick up location
                    (such as urban, suburban, rural, or frontier).
                        ``(VI) Demonstrations of good faith efforts (or
                    lack of good faith efforts) made by the
                    nonparticipating provider or nonparticipating facility
                    or the plan or issuer to enter into network agreements
                    and, if applicable, contracted rates between the
                    provider and the plan or issuer, as applicable, during
                    the previous 4 plan years.

                    ``(iii) Prohibition on consideration of certain
                factors.--In determining which offer is the payment amount
                to be applied with respect to qualified IDR air ambulance
                services furnished by a provider, the certified IDR entity
                with respect to such determination shall not consider usual
                and customary charges, the amount that would have been
                billed by such provider with respect to such services had
                the provisions of section 2799B-5 of the Public Health
                Service Act not applied, or the payment or reimbursement
                rate for such services furnished by such provider payable
                by a public payor, including under the Medicare program
                under title XVIII of the Social Security Act, under the
                Medicaid program under title XIX of such Act, under the
                Children's Health Insurance Program under title XXI of such
                Act, under the TRICARE program under chapter 55 of title
                10, United States Code, or under chapter 17 of title 38,
                United States Code.
                ``(D) Effects of determination.--The provisions of section
            716(c)(5)(E)) shall apply with respect to a determination of a
            certified IDR entity under subparagraph (A), the notification
            submitted with respect to such determination, the services with
            respect to such notification, and the parties to such
            notification in the same manner as such provisions apply with
            respect to a determination of a certified IDR entity under
            section 716(c)(5)(E), the notification submitted with respect
            to such determination, the items and services with respect to
            such notification, and the parties to such notification.
                ``(E) Costs of independent dispute resolution process.--The
            provisions of section 716(c)(5)(F) shall apply to a
            notification made under this subsection, the parties to such
            notification, and a determination under subparagraph (A) in the
            same manner and to the same extent such provisions apply to a
            notification under section 716(c), the parties to such
            notification and a determination made under section
            716(c)(5)(A).
            ``(6) Timing of payment.--The total plan or coverage payment
        required pursuant to subsection (a)(3), with respect to qualified
        IDR air ambulance services for which a determination is made under
        paragraph (5)(A) or with respect to air ambulance services for
        which a payment amount is determined under open negotiations under
        paragraph (1), shall be made directly to the nonparticipating
        provider not later than 30 days after the date on which such
        determination is made.
            ``(7) Publication of information relating to the idr process.--
                ``(A) In general.--For each calendar quarter in 2022 and
            each calendar quarter in a subsequent year, the Secretary shall
            publish on the public website of the Department of Labor--
                    ``(i) the number of notifications submitted under the
                IDR process during such calendar quarter;
                    ``(ii) the number of such notifications with respect to
                which a final determination was made under paragraph
                (5)(A);
                    ``(iii) the information described in subparagraph (B)
                with respect to each notification with respect to which
                such a determination was so made.
                    ``(iv) the number of times the payment amount
                determined (or agreed to) under this subsection exceeds the
                qualifying payment amount;
                    ``(v) the amount of expenditures made by the Secretary
                during such calendar quarter to carry out the IDR process;
                    ``(vi) the total amount of fees paid under paragraph
                (8) during such calendar quarter; and
                    ``(vii) the total amount of compensation paid to
                certified IDR entities under paragraph (5)(E)during such
                calendar quarter.
                ``(B) Information with respect to requests.--For purposes
            of subparagraph (A), the information described in this
            subparagraph is, with respect to a notification under the IDR
            process of a nonparticipating provider, group health plan, or
            health insurance issuer offering group health insurance
            coverage--
                    ``(i) a description of each air ambulance service
                included in such notification;
                    ``(ii) the geography in which the services included in
                such notification were provided;
                    ``(iii) the amount of the offer submitted under
                paragraph (2) by the group health plan or health insurance
                issuer (as applicable) and by the nonparticipating provider
                expressed as a percentage of the qualifying payment amount;
                    ``(iv) whether the offer selected by the certified IDR
                entity under paragraph (5) to be the payment applied was
                the offer submitted by such plan or issuer (as applicable)
                or by such provider and the amount of such offer so
                selected expressed as a percentage of the qualifying
                payment amount;
                    ``(v) ambulance vehicle type, including the clinical
                capability level of such vehicle;
                    ``(vi) the identity of the group health plan or health
                insurance issuer or air ambulance provider with respect to
                such notification;
                    ``(vii) the length of time in making each
                determination;
                    ``(viii) the compensation paid to the certified IDR
                entity with respect to the settlement or determination; and
                    ``(ix) any other information specified by the
                Secretary.
                ``(C) IDR entity requirements.--For 2022 and each
            subsequent year, an IDR entity, as a condition of certification
            as an IDR entity, shall submit to the Secretary such
            information as the Secretary determines necessary for the
            Secretary to carry out the provisions of this paragraph.
                ``(D) Clarification.--The Secretary shall ensure the public
            reporting under this paragraph does not contain information
            that would disclose privileged or confidential information of a
            group health plan or health insurance issuer offering group or
            individual health insurance coverage or of a provider or
            facility.
            ``(8) Administrative fee.--
                ``(A) In general.--Each party to a determination under
            paragraph (5) to which an entity is selected under paragraph
            (4) in a year shall pay to the Secretary, at such time and in
            such manner as specified by the Secretary, a fee for
            participating in the IDR process with respect to such
            determination in an amount described in subparagraph (B) for
            such year.
                ``(B) Amount of fee.--The amount described in this
            subparagraph for a year is an amount established by the
            Secretary in a manner such that the total amount of fees paid
            under this paragraph for such year is estimated to be equal to
            the amount of expenditures estimated to be made by the
            Secretary for such year in carrying out the IDR process.
            ``(9) Waiver authority.--The Secretary may modify any deadline
        or other timing requirement specified under this subsection (other
        than the establishment date for the IDR process under paragraph
        (2)(A) and other than under paragraph (6)) in cases of extenuating
        circumstances, as specified by the Secretary, or to ensure that all
        claims that occur during a 90-day period applied through paragraph
        (5)(D), but with respect to which a notification is not permitted
        by reason of such paragraph to be submitted under paragraph (1)(B)
        during such period, are eligible for the IDR process.
        ``(c) Definition.--For purposes of this section:
            ``(1) Air ambulance services.--The term `air ambulance service'
        means medical transport by helicopter or airplane for patients.
            ``(2) Qualifying payment amount.--The term `qualifying payment
        amount' has the meaning given such term in section 716(a)(3).
            ``(3) Nonparticipating provider.--The term `nonparticipating
        provider' has the meaning given such term in section 716(a)(3).''.
            (3) IRC amendments.--
                (A) In general.--Subchapter B of chapter 100 of the
            Internal Revenue Code of 1986, as amended by section 102(c) and
            further amended by the previous provisions of this title, is
            further amended by inserting after section 9816 the following:
    ``SEC. 9817. ENDING SURPRISE AIR AMBULANCE BILLS.
        ``(a) In General.--In the case of a participant or beneficiary in a
    group health plan who receives air ambulance services from a
    nonparticipating provider (as defined in section 9816(a)(3)(G)) with
    respect to such plan, if such services would be covered if provided by
    a participating provider (as defined in such section) with respect to
    such plan--
            ``(1) the cost-sharing requirement with respect to such
        services shall be the same requirement that would apply if such
        services were provided by such a participating provider, and any
        coinsurance or deductible shall be based on rates that would apply
        for such services if they were furnished by such a participating
        provider;
            ``(2) such cost-sharing amounts shall be counted towards the
        in-network deductible and in-network out-of-pocket maximum amount
        under the plan for the plan year (and such in-network deductible
        shall be applied) with respect to such items and services so
        furnished in the same manner as if such cost-sharing payments were
        with respect to items and services furnished by a participating
        provider; and
            ``(3) the group health plan shall--
                ``(A) not later than 30 calendar days after the bill for
            such services is transmitted by such provider, send to the
            provider, an initial payment or notice of denial of payment;
            and
                ``(B) pay a total plan payment, in accordance with, if
            applicable, subsection (b)(6), directly to such provider
            furnishing such services to such participant, beneficiary, or
            enrollee that is, with application of any initial payment under
            subparagraph (A), equal to the amount by which the out-of-
            network rate (as defined in section 9816(a)(3)(K)) for such
            services and year involved exceeds the cost-sharing amount
            imposed under the plan for such services (as determined in
            accordance with paragraphs (1) and (2)).
        ``(b) Determination of Out-of-network Rates to Be Paid by Health
    Plans; Independent Dispute Resolution Process.--
            ``(1) Determination through open negotiation.--
                ``(A) In general.--With respect to air ambulance services
            furnished in a year by a nonparticipating provider, with
            respect to a group health plan, and for which a payment is
            required to be made by the plan pursuant to subsection (a)(3),
            the provider or plan may, during the 30-day period beginning on
            the day the provider receives a payment or a statement of
            denial of payment from the plan regarding a claim for payment
            for such service, initiate open negotiations under this
            paragraph between such provider and plan for purposes of
            determining, during the open negotiation period, an amount
            agreed on by such provider, and such plan for payment
            (including any cost-sharing) for such service. For purposes of
            this subsection, the open negotiation period, with respect to
            air ambulance services, is the 30-day period beginning on the
            date of initiation of the negotiations with respect to such
            services.
                ``(B) Accessing independent dispute resolution process in
            case of failed negotiations.--In the case of open negotiations
            pursuant to subparagraph (A), with respect to air ambulance
            services, that do not result in a determination of an amount of
            payment for such services by the last day of the open
            negotiation period described in such subparagraph with respect
            to such services, the provider or group health plan that was
            party to such negotiations may, during the 4-day period
            beginning on the day after such open negotiation period,
            initiate the independent dispute resolution process under
            paragraph (2) with respect to such services. The independent
            dispute resolution process shall be initiated by a party
            pursuant to the previous sentence by submission to the other
            party and to the Secretary of a notification (containing such
            information as specified by the Secretary) and for purposes of
            this subsection, the date of initiation of such process shall
            be the date of such submission or such other date specified by
            the Secretary pursuant to regulations that is not later than
            the date of receipt of such notification by both the other
            party and the Secretary.
            ``(2) Independent dispute resolution process available in case
        of failed open negotiations.--
                ``(A) Establishment.--Not later than 1 year after the date
            of the enactment of this subsection, the Secretary, jointly
            with the Secretary of Health and Human Services and the
            Secretary of Labor, shall establish by regulation one
            independent dispute resolution process (referred to in this
            subsection as the `IDR process') under which, in the case of
            air ambulance services with respect to which a provider or
            group health plan submits a notification under paragraph (1)(B)
            (in this subsection referred to as a `qualified IDR air
            ambulance services'), a certified IDR entity under paragraph
            (4) determines, subject to subparagraph (B) and in accordance
            with the succeeding provisions of this subsection, the amount
            of payment under the plan for such services furnished by such
            provider.
                ``(B) Authority to continue negotiations.--Under the
            independent dispute resolution process, in the case that the
            parties to a determination for qualified IDR air ambulance
            services agree on a payment amount for such services during
            such process but before the date on which the entity selected
            with respect to such determination under paragraph (4) makes
            such determination under paragraph (5), such amount shall be
            treated for purposes of section 9816(a)(3)(K)(ii) as the amount
            agreed to by such parties for such services. In the case of an
            agreement described in the previous sentence, the independent
            dispute resolution process shall provide for a method to
            determine how to allocate between the parties to such
            determination the payment of the compensation of the entity
            selected with respect to such determination.
                ``(C) Clarification.--A nonparticipating provider may not,
            with respect to an item or service furnished by such provider,
            submit a notification under paragraph (1)(B) if such provider
            is exempt from the requirement under subsection (a) of section
            2799B-2 of the Public Health Service Act with respect to such
            item or service pursuant to subsection (b) of such section.
            ``(3) Treatment of batching of services.--The provisions of
        section 9816(c)(3) shall apply with respect to a notification
        submitted under this subsection with respect to air ambulance
        services in the same manner and to the same extent such provisions
        apply with respect to a notification submitted under section
        9816(c) with respect to items and services described in such
        section.
            ``(4) Idr entities.--
                ``(A) Eligibility.--An IDR entity certified under this
            subsection is an IDR entity certified under section 9816(c)(4).
                ``(B) Selection of certified idr entity.--The provisions of
            subparagraph (F) of section 9816(c)(4) shall apply with respect
            to selecting an IDR entity certified pursuant to subparagraph
            (A) with respect to the determination of the amount of payment
            under this subsection of air ambulance services in the same
            manner as such provisions apply with respect to selecting an
            IDR entity certified under such section with respect to the
            determination of the amount of payment under section 9816(c) of
            an item or service. An entity selected pursuant to the previous
            sentence to make a determination described in such sentence
            shall be referred to in this subsection as the `certified IDR
            entity' with respect to such determination.
            ``(5) Payment determination.--
                ``(A) In general.--Not later than 30 days after the date of
            selection of the certified IDR entity with respect to a
            determination for qualified IDR ambulance services, the
            certified IDR entity shall--
                    ``(i) taking into account the considerations specified
                in subparagraph (C), select one of the offers submitted
                under subparagraph (B) to be the amount of payment for such
                services determined under this subsection for purposes of
                subsection (a)(3); and
                    ``(ii) notify the provider or facility and the group
                health plan party to such determination of the offer
                selected under clause (i).
                ``(B) Submission of offers.--Not later than 10 days after
            the date of selection of the certified IDR entity with respect
            to a determination for qualified IDR air ambulance services,
            the provider and the group health plan party to such
            determination--
                    ``(i) shall each submit to the certified IDR entity
                with respect to such determination--

                        ``(I) an offer for a payment amount for such
                    services furnished by such provider; and
                        ``(II) such information as requested by the
                    certified IDR entity relating to such offer; and

                    ``(ii) may each submit to the certified IDR entity with
                respect to such determination any information relating to
                such offer submitted by either party, including information
                relating to any circumstance described in subparagraph
                (C)(ii).
                ``(C) Considerations in determination.--
                    ``(i) In general.--In determining which offer is the
                payment to be applied pursuant to this paragraph, the
                certified IDR entity, with respect to the determination for
                a qualified IDR air ambulance service shall consider--

                        ``(I) the qualifying payment amounts (as defined in
                    section 9816(a)(3)(E)) for the applicable year for
                    items or services that are comparable to the qualified
                    IDR air ambulance service and that are furnished in the
                    same geographic region (as defined by the Secretary for
                    purposes of such subsection) as such qualified IDR air
                    ambulance service; and
                        ``(II) subject to clause (iii), information on any
                    circumstance described in clause (ii), such information
                    as requested in subparagraph (B)(i)(II), and any
                    additional information provided in subparagraph
                    (B)(ii).

                    ``(ii) Additional circumstances.--For purposes of
                clause (i)(II), the circumstances described in this clause
                are, with respect to air ambulance services included in the
                notification submitted under paragraph (1)(B) of a
                nonparticipating provider, or group health plan the
                following:

                        ``(I) The quality and outcomes measurements of the
                    provider that furnished such services.
                        ``(II) The acuity of the individual receiving such
                    services or the complexity of furnishing such services
                    to such individual.
                        ``(III) The training, experience, and quality of
                    the medical personnel that furnished such services.
                        ``(IV) Ambulance vehicle type, including the
                    clinical capability level of such vehicle.
                        ``(V) Population density of the pick up location
                    (such as urban, suburban, rural, or frontier).
                        ``(VI) Demonstrations of good faith efforts (or
                    lack of good faith efforts) made by the
                    nonparticipating provider or nonparticipating facility
                    or the plan to enter into network agreements and, if
                    applicable, contracted rates between the provider and
                    the plan during the previous 4 plan years.

                    ``(iii) Prohibition on consideration of certain
                factors.--In determining which offer is the payment amount
                to be applied with respect to qualified IDR air ambulance
                services furnished by a provider, the certified IDR entity
                with respect to such determination shall not consider usual
                and customary charges, the amount that would have been
                billed by such provider with respect to such services had
                the provisions of section 2799B-5 of the Public Health
                Service Act not applied, or the payment or reimbursement
                rate for such services furnished by such provider payable
                by a public payor, including under the Medicare program
                under title XVIII of the Social Security Act, under the
                Medicaid program under title XIX of such Act, under the
                Children's Health Insurance Program under title XXI of such
                Act, under the TRICARE program under chapter 55 of title
                10, United States Code, or under chapter 17 of title 38,
                United States Code.
                ``(D) Effects of determination.--The provisions of section
            9816(c)(5)(E)) shall apply with respect to a determination of a
            certified IDR entity under subparagraph (A), the notification
            submitted with respect to such determination, the services with
            respect to such notification, and the parties to such
            notification in the same manner as such provisions apply with
            respect to a determination of a certified IDR entity under
            section 9816(c)(5)(E), the notification submitted with respect
            to such determination, the items and services with respect to
            such notification, and the parties to such notification.
                ``(E) Costs of independent dispute resolution process.--The
            provisions of section 9816(c)(5)(F) shall apply to a
            notification made under this subsection, the parties to such
            notification, and a determination under subparagraph (A) in the
            same manner and to the same extent such provisions apply to a
            notification under section 9816(c), the parties to such
            notification and a determination made under section
            9816(c)(5)(A).
            ``(6) Timing of payment.--The total plan payment required
        pursuant to subsection (a)(3), with respect to qualified IDR air
        ambulance services for which a determination is made under
        paragraph (5)(A) or with respect to air ambulance services for
        which a payment amount is determined under open negotiations under
        paragraph (1), shall be made directly to the nonparticipating
        provider not later than 30 days after the date on which such
        determination is made.
            ``(7) Publication of information relating to the idr process.--
                ``(A) In general.--For each calendar quarter in 2022 and
            each calendar quarter in a subsequent year, the Secretary shall
            publish on the public website of the Department of the
            Treasury--
                    ``(i) the number of notifications submitted under the
                IDR process during such calendar quarter;
                    ``(ii) the number of such notifications with respect to
                which a final determination was made under paragraph
                (5)(A);
                    ``(iii) the information described in subparagraph (B)
                with respect to each notification with respect to which
                such a determination was so made.
                    ``(iv) the number of times the payment amount
                determined (or agreed to) under this subsection exceeds the
                qualifying payment amount;
                    ``(v) the amount of expenditures made by the Secretary
                during such calendar quarter to carry out the IDR process;
                    ``(vi) the total amount of fees paid under paragraph
                (8) during such calendar quarter; and
                    ``(vii) the total amount of compensation paid to
                certified IDR entities under paragraph (5)(E)during such
                calendar quarter.
                ``(B) Information with respect to requests.--For purposes
            of subparagraph (A), the information described in this
            subparagraph is, with respect to a notification under the IDR
            process of a nonparticipating provider, or group health plan--
                    ``(i) a description of each air ambulance service
                included in such notification;
                    ``(ii) the geography in which the services included in
                such notification were provided;
                    ``(iii) the amount of the offer submitted under
                paragraph (2) by the group health plan and by the
                nonparticipating provider expressed as a percentage of the
                qualifying payment amount;
                    ``(iv) whether the offer selected by the certified IDR
                entity under paragraph (5) to be the payment applied was
                the offer submitted by such plan or issuer (as applicable)
                or by such provider and the amount of such offer so
                selected expressed as a percentage of the qualifying
                payment amount;
                    ``(v) ambulance vehicle type, including the clinical
                capability level of such vehicle;
                    ``(vi) the identity of the group health plan or health
                insurance issuer or air ambulance provider with respect to
                such notification;
                    ``(vii) the length of time in making each
                determination;
                    ``(viii) the compensation paid to the certified IDR
                entity with respect to the settlement or determination; and
                    ``(ix) any other information specified by the
                Secretary.
                ``(C) IDR entity requirements.--For 2022 and each
            subsequent year, an IDR entity, as a condition of certification
            as an IDR entity, shall submit to the Secretary such
            information as the Secretary determines necessary for the
            Secretary to carry out the provisions of this paragraph.
                ``(D) Clarification.--The Secretary shall ensure the public
            reporting under this paragraph does not contain information
            that would disclose privileged or confidential information of a
            group health plan or health insurance issuer offering group or
            individual health insurance coverage or of a provider or
            facility.
            ``(8) Administrative fee.--
                ``(A) In general.--Each party to a determination under
            paragraph (5) to which an entity is selected under paragraph
            (4) in a year shall pay to the Secretary, at such time and in
            such manner as specified by the Secretary, a fee for
            participating in the IDR process with respect to such
            determination in an amount described in subparagraph (B) for
            such year.
                ``(B) Amount of fee.--The amount described in this
            subparagraph for a year is an amount established by the
            Secretary in a manner such that the total amount of fees paid
            under this paragraph for such year is estimated to be equal to
            the amount of expenditures estimated to be made by the
            Secretary for such year in carrying out the IDR process.
            ``(9) Waiver authority.--The Secretary may modify any deadline
        or other timing requirement specified under this subsection (other
        than the establishment date for the IDR process under paragraph
        (2)(A) and other than under paragraph (6)) in cases of extenuating
        circumstances, as specified by the Secretary, or to ensure that all
        claims that occur during a 90-day period applied through paragraph
        (5)(D), but with respect to which a notification is not permitted
        by reason of such paragraph to be submitted under paragraph (1)(B)
        during such period, are eligible for the IDR process.
        ``(c) Definitions.--For purposes of this section:
            ``(1) Air ambulance services.--The term `air ambulance service'
        means medical transport by helicopter or airplane for patients.
            ``(2) Qualifying payment amount.--The term `qualifying payment
        amount' has the meaning given such term in section 9816(a)(3).
            ``(3) Nonparticipting provider.--The term `nonparticipating
        provider' has the meaning given such term in section 9816(a)(3).''.
                (B) Clerical amendment.--The table of sections for
            subchapter B of chapter 100 of the Internal Revenue Code of
            1986, as amended by section 102(c)(3), is further amended by
            inserting after the item relating to section 9816 the following
            new item:

    ``Sec. 9817. Ending surprise air ambulance bills.''.

            (4) Effective date.--The amendments made by this subsection
        shall apply with respect to plan years beginning on or after
        January 1, 2022.
        (b) Air Ambulance Provider Balance Billing.--Part E of title XXVII
    of the Public Health Service Act, as added and amended by section 104,
    is further amended by adding at the end the following new section:
    ``SEC. 2799B-5. AIR AMBULANCE SERVICES.
        ``In the case of a participant, beneficiary, or enrollee with
    benefits under a group health plan or group or individual health
    insurance coverage offered by a health insurance issuer and who is
    furnished in a plan year beginning on or after January 1, 2022, air
    ambulance services (for which benefits are available under such plan or
    coverage) from a nonparticipating provider (as defined in section
    2799A-1(a)(3)(G)) with respect to such plan or coverage, such provider
    shall not bill, and shall not hold liable, such participant,
    beneficiary, or enrollee for a payment amount for such service
    furnished by such provider that is more than the cost-sharing amount
    for such service (as determined in accordance with paragraphs (1) and
    (2) of section 2799A-2(a), section 717(a) of the Employee Retirement
    Income Security Act of 1974, or section 9817(a) of the Internal Revenue
    Code of 1986, as applicable).''.
        SEC. 106. REPORTING REQUIREMENTS REGARDING AIR AMBULANCE SERVICES.
        (a) Reporting Requirements for Providers of Air Ambulance
    Services.--
            (1) In general.--A provider of air ambulance services shall
        submit to the Secretary of Health and Human Services and the
        Secretary of Transportation--
                (A) not later than the date that is 90 days after the last
            day of the first calendar year beginning on or after the date
            on which a final rule is promulgated pursuant to the rulemaking
            described in subsection (d), the information described in
            paragraph (2) with respect to such plan year; and
                (B) not later than the date that is 90 days after the last
            day of the plan year immediately succeeding the plan year
            described in subparagraph (A), such information with respect to
            such immediately succeeding plan year.
            (2) Information described.--For purposes of paragraph (1),
        information described in this paragraph, with respect to a provider
        of air ambulance services, is each of the following:
                (A) Cost data, as determined appropriate by the Secretary
            of Health and Human Services, in consultation with the
            Secretary of Transportation, for air ambulance services
            furnished by such provider, separated to the maximum extent
            possible by air transportation costs associated with furnishing
            such air ambulance services and costs of medical services and
            supplies associated with furnishing such air ambulance
            services.
                (B) The number and location of all air ambulance bases
            operated by such provider.
                (C) The number and type of aircraft operated by such
            provider.
                (D) The number of air ambulance transports, disaggregated
            by payor mix, including--
                    (i)(I) group health plans;
                    (II) health insurance issuers; and
                    (III) State and Federal Government payors; and
                    (ii) uninsured individuals.
                (E) The number of claims of such provider that have been
            denied payment by a group health plan or health insurance
            issuer and the reasons for any such denials.
                (F) The number of emergency and nonemergency air ambulance
            transports, disaggregated by air ambulance base and type of
            aircraft.
                (G) Such other information regarding air ambulance services
            as the Secretary of Health and Human Services may specify.
        (b) Reporting Requirements for Group Health Plans and Health
    Insurance Issuers.--
            (1) PHSA.--Part D of title XXVII of the Public Health Service
        Act, as added by section 102(a)(1), is amended by adding after
        section 2799A-7, as added by section 102(a)(2)(A) of this Act, the
        following new section:
    ``SEC. 2799A-8. AIR AMBULANCE REPORT REQUIREMENTS.
        ``(a) In General.--Each group health plan and health insurance
    issuer offering group or individual health insurance coverage shall
    submit to the Secretary, jointly with the Secretary of Labor and the
    Secretary of the Treasury--
            ``(1) not later than the date that is 90 days after the last
        day of the first calendar year beginning on or after the date on
        which a final rule is promulgated pursuant to the rulemaking
        described in section 106(d) of the No Surprises Act, the
        information described in subsection (b) with respect to such plan
        year; and
            ``(2) not later than the date that is 90 days after the last
        day of the calendar year immediately succeeding the plan year
        described in paragraph (1), such information with respect to such
        immediately succeeding plan year.
        ``(b) Information Described.--For purposes of subsection (a),
    information described in this subsection, with respect to a group
    health plan or a health insurance issuer offering group or individual
    health insurance coverage, is each of the following:
            ``(1) Claims data for air ambulance services furnished by
        providers of such services, disaggregated by each of the following
        factors:
                ``(A) Whether such services were furnished on an emergent
            or nonemergent basis.
                ``(B) Whether the provider of such services is part of a
            hospital-owned or sponsored program, municipality-sponsored
            program, hospital independent partnership (hybrid) program,
            independent program, or tribally operated program in Alaska.
                ``(C) Whether the transport in which the services were
            furnished originated in a rural or urban area.
                ``(D) The type of aircraft (such as rotor transport or
            fixed wing transport) used to furnish such services.
                ``(E) Whether the provider of such services has a contract
            with the plan or issuer, as applicable, to furnish such
            services under the plan or coverage, respectively.
            ``(2) Such other information regarding providers of air
        ambulance services as the Secretary may specify.''.
            (2) ERISA.--
                (A) In general.--Subpart B of part 7 of title I of the
            Employee Retirement Income Security Act of 1974 (29 U.S.C. 1185
            et seq.) is amended by adding after section 722, as added by
            section 102(b)(2)(A) of this Act, the following new section:
        ``SEC. 723. AIR AMBULANCE REPORT REQUIREMENTS.
        ``(a) In General.--Each group health plan and health insurance
    issuer offering group health insurance coverage shall submit to the
    Secretary, jointly with the Secretary of Health and Human Services and
    the Secretary of the Treasury--
            ``(1) not later than the date that is 90 days after the last
        day of the first calendar year beginning on or after the date on
        which a final rule is promulgated pursuant to the rulemaking
        described in section 106(d) of the No Surprises Act, the
        information described in subsection (b) with respect to such plan
        year; and
            ``(2) not later than the date that is 90 days after the last
        day of the plan year immediately succeeding the calendar year
        described in paragraph (1), such information with respect to such
        immediately succeeding plan year.
        ``(b) Information Described.--For purposes of subsection (a),
    information described in this subsection, with respect to a group
    health plan or a health insurance issuer offering group health
    insurance coverage, is each of the following:
            ``(1) Claims data for air ambulance services furnished by
        providers of such services, disaggregated by each of the following
        factors:
                ``(A) Whether such services were furnished on an emergent
            or nonemergent basis.
                ``(B) Whether the provider of such services is part of a
            hospital-owned or sponsored program, municipality-sponsored
            program, hospital independent partnership (hybrid) program,
            independent program, or tribally operated program in Alaska.
                ``(C) Whether the transport in which the services were
            furnished originated in a rural or urban area.
                ``(D) The type of aircraft (such as rotor transport or
            fixed wing transport) used to furnish such services.
                ``(E) Whether the provider of such services has a contract
            with the plan or issuer, as applicable, to furnish such
            services under the plan or coverage, respectively.
            ``(2) Such other information regarding providers of air
        ambulance services as the Secretary may specify.''.
                (B) Clerical amendment.--The table of contents of the
            Employee Retirement Income Security Act of 1974 is amended by
            adding after the item relating to section 722, as added by
            section 102(b) the following:

    ``Sec. 723. Air ambulance report requirements.''.

            (3) IRC.--
                (A) In general.--Subchapter B of chapter 100 of the
            Internal Revenue Code of 1986 is amended by adding after
            section 9822, as added by section 102(c)(2)(A) of this Act, the
            following new section:
    ``SEC. 9823. AIR AMBULANCE REPORT REQUIREMENTS.
        ``(a) In General.--Each group health plan shall submit to the
    Secretary, jointly with the Secretary of Labor and the Secretary of
    Health and Human Services--
            ``(1) not later than the date that is 90 days after the last
        day of the first calendar year beginning on or after the date on
        which a final rule is promulgated pursuant to the rulemaking
        described in section 106(d) of the No Surprises Act, the
        information described in subsection (b) with respect to such plan
        year; and
            ``(2) not later than the date that is 90 days after the last
        day of the calendar year immediately succeeding the plan year
        described in paragraph (1), such information with respect to such
        immediately succeeding plan year.
        ``(b) Information Described.--For purposes of subsection (a),
    information described in this subsection, with respect to a group
    health plan is each of the following:
            ``(1) Claims data for air ambulance services furnished by
        providers of such services, disaggregated by each of the following
        factors:
                ``(A) Whether such services were furnished on an emergent
            or nonemergent basis.
                ``(B) Whether the provider of such services is part of a
            hospital-owned or sponsored program, municipality-sponsored
            program, hospital independent partnership (hybrid) program,
            independent program, or tribally operated program in Alaska.
                ``(C) Whether the transport in which the services were
            furnished originated in a rural or urban area.
                ``(D) The type of aircraft (such as rotor transport or
            fixed wing transport) used to furnish such services.
                ``(E) Whether the provider of such services has a contract
            with the plan or issuer, as applicable, to furnish such
            services under the plan or coverage, respectively.
            ``(2) Such other information regarding providers of air
        ambulance services as the Secretary may specify.''.
                (B) Clerical amendment.--The table of sections for
            subchapter B of chapter 100 of the Internal Revenue Code of
            1986 is amended by adding after the item relating to section
            9822, as added by section 102(c), the following new item:

    ``Sec. 9823. Air ambulance report requirements.''.

        (c) Publication of Comprehensive Report.--
            (1) In general.--Not later than the date that is one year after
        the date described in subsection (a)(2) of section 2799A-8 of the
        Public Health Service Act, of section 723 of the Employee
        Retirement Income Security Act of 1974, and of section 9823 of the
        Internal Revenue Code of 1986, as such sections are added by
        subsection (b), the Secretary of Health and Human Services, in
        consultation with the Secretary of Transportation (referred to in
        this section as the ``Secretaries''), shall develop, and make
        publicly available (subject to paragraph (3)), a comprehensive
        report summarizing the information submitted under subsection (a)
        and the amendments made by subsection (b) and including each of the
        following:
                (A) The percentage of providers of air ambulance services
            that are part of a hospital-owned or sponsored program,
            municipality-sponsored program, hospital-independent
            partnership (hybrid) program, or independent program.
                (B) An assessment of the extent of competition among
            providers of air ambulance services on the basis of price and
            services offered, and any changes in such competition over
            time.
                (C) An assessment of the average charges for air ambulance
            services, amounts paid by group health plans and health
            insurance issuers offering group or individual health insurance
            coverage to providers of air ambulance services for furnishing
            such services, and amounts paid out-of-pocket by consumers, and
            any changes in such amounts paid over time.
                (D) An assessment of the presence of air ambulance bases
            in, or with the capability to serve, rural areas, and the
            relative growth in air ambulance bases in rural and urban areas
            over time.
                (E) Any evidence of gaps in rural access to providers of
            air ambulance services.
                (F) The percentage of providers of air ambulance services
            that have contracts with group health plans or health insurance
            issuers offering group or individual health insurance coverage
            to furnish such services under such plans or coverage,
            respectively.
                (G) An assessment of whether there are instances of unfair,
            deceptive, or predatory practices by providers of air ambulance
            services in collecting payments from patients to whom such
            services are furnished, such as referral of such patients to
            collections, lawsuits, and liens or wage garnishment actions.
                (H) An assessment of whether there are, within the air
            ambulance industry, instances of unreasonable industry
            concentration, excessive market domination, or other conditions
            that would allow at least one provider of air ambulance
            services to unreasonably increase prices or exclude competition
            in air ambulance services in a given geographic region.
                (I) An assessment of the frequency of patient balance
            billing, patient referrals to collections, lawsuits to collect
            balance bills, and liens or wage garnishment actions by
            providers of air ambulance services as part of a collections
            process across hospital-owned or sponsored programs,
            municipality-sponsored programs, hospital-independent
            partnership (hybrid) programs, tribally operated programs in
            Alaska, or independent programs, providers of air ambulance
            services operated by public agencies (such as a State or county
            health department), and other independent providers of air
            ambulance services.
                (J) An assessment of the frequency of claims appeals made
            by providers of air ambulance services to group health plans or
            health insurance issuers offering group or individual health
            insurance coverage with respect to air ambulance services
            furnished to enrollees of such plans or coverage, respectively.
                (K) Any other cost, quality, or other data relating to air
            ambulance services or the air ambulance industry, as determined
            necessary and appropriate by the Secretaries.
            (2) Other sources of information.--The Secretaries may
        incorporate information from independent experts or third-party
        sources in developing the comprehensive report required under
        paragraph (1).
            (3) Protection of proprietary information.--The Secretaries may
        not make publicly available under this subsection any proprietary
        information.
        (d) Rulemaking.--Not later than the date that is one year after the
    date of the enactment of this Act, the Secretary of Health and Human
    Services, in consultation with the Secretary of Transportation, shall,
    through notice and comment rulemaking, specify the form and manner in
    which reports described in subsection (a) and in the amendments made by
    subsection (b) shall be submitted to such Secretaries, taking into
    consideration (as applicable and to the extent feasible) any
    recommendations included in the report submitted by the Advisory
    Committee on Air Ambulance and Patient Billing under section 418(e) of
    the FAA Reauthorization Act of 2018 (Public Law 115-254; 49 U.S.C.
    42301 note prec.).
        (e) Civil Money Penalties.--
            (1) In general.--Subject to paragraph (2), a provider of air
        ambulance services who fails to submit all information required
        under subsection (a)(2) by the date described in subparagraph (A)
        or (B) of subsection (a)(1), as applicable, shall be subject to a
        civil money penalty of not more than $10,000.
            (2) Exception.--In the case of a provider of air ambulance
        services that submits only some of the information required under
        subsection (a)(2) by the date described in subparagraph (A) or (B)
        of subsection (a)(1), as applicable, the Secretary of Health and
        Human Services may waive the civil money penalty imposed under
        paragraph (1) if such provider demonstrates a good faith effort (as
        defined by the Secretary pursuant to regulation) in working with
        the Secretary to submit the remaining information required under
        subsection (a)(2).
            (3) Procedure.--The provisions of section 1128A of the Social
        Security Act (42 U.S.C. 1320a-7a), other than subsections (a) and
        (b) and the first sentence of subsection (c)(1), shall apply to
        civil money penalties under this subsection in the same manner as
        such provisions apply to a penalty or proceeding under such
        section.
        (f) Unfair and Deceptive Practices and Unfair Methods of
    Competition.--The Secretary of Transportation may use any information
    submitted under subsection (a) in determining whether a provider of air
    ambulance services has violated section 41712(a) of title 49, United
    States Code.
        (g) Advisory Committee on Air Ambulance Quality and Patient
    Safety.--
            (1) Establishment.--Not later than the date that is 60 days
        after the date of the enactment of this Act, the Secretary of
        Health and Human Services and the Secretary of Transportation,
        shall establish an Advisory Committee on Air Ambulance Quality and
        Patient Safety (referred to in this subsection as the
        ``Committee'') for the purpose of reviewing options to establish
        quality, patient safety, and clinical capability standards for each
        clinical capability level of air ambulances.
            (2) Membership.--The Committee shall be composed of the
        following members:
                (A) The Secretary of Health and Human Services, or a
            designee of the Secretary, who shall serve as the Chair of the
            Committee.
                (B) The Secretary of Transportation, or a designee of the
            Secretary.
                (C) One representative, to be appointed by the Secretary of
            Health and Human Services, of each of the following:
                    (i) State health insurance regulators.
                    (ii) Health care providers.
                    (iii) Group health plans and health insurance issuers
                offering group or individual health insurance coverage.
                    (iv) Patient advocacy groups.
                    (v) Accrediting bodies with experience in quality
                measures.
                (D) Three representatives of the air ambulance industry, to
            be appointed by the Secretary of Transportation.
                (E) Additional three representatives not covered under
            subparagraphs (A) through (D), as determined necessary and
            appropriate by the Secretary of Health and Human Services and
            Secretary of Transportation.
            (3) First meeting.--Not later than the date that is 90 days
        after the date of the enactment of this Act, the Committee shall
        hold its first meeting.
            (4) Duties.--The Committee shall study and make
        recommendations, as appropriate, to Congress regarding each of the
        following with respect to air ambulance services:
                (A) Qualifications of different clinical capability levels
            and tiering of such levels.
                (B) Patient safety and quality standards.
                (C) Options for improving service reliability during poor
            weather, night conditions, or other adverse conditions.
                (D) Differences between air ambulance vehicle types,
            services, and technologies, and other flight capability
            standards, and the impact of such differences on patient
            safety.
                (E) Clinical triage criteria for air ambulances.
            (5) Report.--Not later than the date that is 180 days after the
        date of the first meeting of the Committee, the Committee, in
        consultation with relevant experts and stakeholders, as
        appropriate, shall develop and make publicly available a report on
        any recommendations submitted to Congress under paragraph (4). The
        Committee may update such report, as determined appropriate by the
        Committee.
        (h) Definitions.--In this section, the terms ``group health plan'',
    ``health insurance coverage'', ``individual health insurance
    coverage'', ``group health insurance coverage'', and ``health insurance
    issuer'' have the meanings given such terms in section 2791 of the
    Public Health Service Act (42 U.S.C. 300gg-91).
        SEC. 107. TRANSPARENCY REGARDING IN-NETWORK AND OUT-OF-NETWORK
          DEDUCTIBLES AND OUT-OF-POCKET LIMITATIONS.
        (a) Phsa.--Section 2799A-1 of the Public Health Service Act, as
    added by section 102(a) and amended by section 103, is further amended
    by adding at the end the following new subsection:
        ``(e) Transparency Regarding In-network and Out-of-network
    Deductibles and Out-of-pocket Limitations.--A group health plan or a
    health insurance issuer offering group or individual health insurance
    coverage and providing or covering any benefit with respect to items or
    services shall include, in clear writing, on any physical or electronic
    plan or insurance identification card issued to the participants,
    beneficiaries, or enrollees in the plan or coverage the following:
            ``(1) Any deductible applicable to such plan or coverage.
            ``(2) Any out-of-pocket maximum limitation applicable to such
        plan or coverage.
            ``(3) A telephone number and Internet website address through
        which such individual may seek consumer assistance information,
        such as information related to hospitals and urgent care facilities
        that have in effect a contractual relationship with such plan or
        coverage for furnishing items and services under such plan or
        coverage''.
        (b) Erisa.--Section 716 of the Employee Retirement Income Security
    Act of 1974, as added by section 102(b) and amended by section 103, is
    further amended by adding at the end the following new subsection:
        ``(e) Transparency Regarding In-network and Out-of-network
    Deductibles and Out-of-pocket Limitations.--A group health plan or a
    health insurance issuer offering group health insurance coverage and
    providing or covering any benefit with respect to items or services
    shall include, in clear writing, on any physical or electronic plan or
    insurance identification card issued to the participants or
    beneficiaries in the plan or coverage the following:
            ``(1) Any deductible applicable to such plan or coverage.
            ``(2) Any out-of-pocket maximum limitation applicable to such
        plan or coverage.
            ``(3) A telephone number and Internet website address through
        which such individual may seek consumer assistance information,
        such as information related to hospitals and urgent care facilities
        that have in effect a contractual relationship with such plan or
        coverage for furnishing items and services under such plan or
        coverage''.
        (c) Irc.--Section 9816 of the Internal Revenue Code of 1986, as
    added by section 102(c) and amended by section 103, is further amended
    by adding at the end the following new subsection:
        ``(e) Transparency Regarding In-network and Out-of-network
    Deductibles and Out-of-pocket Limitations.--A group health plan
    providing or covering any benefit with respect to items or services
    shall include, in clear writing, on any physical or electronic plan or
    insurance identification card issued to the participants or
    beneficiaries in the plan the following:
            ``(1) Any deductible applicable to such plan.
            ``(2) Any out-of-pocket maximum limitation applicable to such
        plan.
            ``(3) A telephone number and Internet website address through
        which such individual may seek consumer assistance information,
        such as information related to hospitals and urgent care facilities
        that have in effect a contractual relationship with such plan for
        furnishing items and services under such plan.''.
        (d) Effective Date.--The amendments made by this subsection shall
    apply with respect to plan years beginning on or after January 1, 2022.
        SEC. 108. IMPLEMENTING PROTECTIONS AGAINST PROVIDER DISCRIMINATION.
        Not later than January 1, 2022, the Secretary of Health and Human
    Services, the Secretary of Labor, and the Secretary of the Treasury
    shall issue a proposed rule implementing the protections of section
    2706(a) of the Public Health Service Act (42 U.S.C. 300gg-5(a)). The
    Secretaries shall accept and consider public comments on any proposed
    rule issued pursuant to this subsection for a period of 60 days after
    the date of such issuance. Not later than 6 months after the date of
    the conclusion of the comment period, the Secretaries shall issue a
    final rule implementing the protections of section 2706(a) of the
    Public Health Service Act (42 U.S.C. 300gg-5(a)).
        SEC. 109. REPORTS.
        (a) Reports in Consultation With FTC and AG.--Not later than
    January 1, 2023, and annually thereafter for each of the following 4
    years, the Secretary of Health and Human Services, in consultation with
    the Federal Trade Commission and the Attorney General, shall--
            (1) conduct a study on the effects of the provisions of,
        including amendments made by, this Act on--
                (A) any patterns of vertical or horizontal integration of
            health care facilities, providers, group health plans, or
            health insurance issuers offering group or individual health
            insurance coverage;
                (B) overall health care costs; and
                (C) access to health care items and services, including
            specialty services, in rural areas and health professional
            shortage areas, as defined in section 332 of the Public Health
            Service Act (42 U.S.C. 254e);
            (2) for purposes of the reports under paragraph (3), in
        consultation with the Secretary of Labor and the Secretary of the
        Treasury, make recommendations for the effective enforcement of
        subsections (a)(1)(C)(iv) and (b)(1)(C) of section 2799A-1 of the
        Public Health Service Act, subsections (a)(1)(C)(iv) and (b)(1)(C)
        of section 716 of the Employee Retirement Income Security Act of
        1974, and subsections (a)(1)(C)(iv) and (b)(1)(C) of section 9816
        of the Internal Revenue Code of 1986, including with respect to
        potential challenges to addressing anti-competitive consolidation
        of health care facilities, providers, group health plans, or health
        insurance issuers offering group or individual health insurance
        coverage; and
            (3) submit a report on such study and including such
        recommendations to the Committees on Energy and Commerce; on
        Education and Labor; on Ways and Means; and on the Judiciary of the
        House of Representatives and the Committees on Health, Education,
        Labor, and Pensions; on Commerce, Science, and Transportation; on
        Finance; and on the Judiciary of the Senate.
        (b) GAO Report on Impact of Surprise Billing Provisions.--Not later
    than January 1, 2025, the Comptroller General of the United States
    shall submit to Congress a report summarizing the effects of the
    provisions of this Act, including the amendments made by such
    provisions, on changes during the period since the date on the
    enactment of this Act in health care provider networks of group health
    plans and group and individual health insurance coverage offered by a
    health insurance issuer, in fee schedules and amounts for health care
    services, and to contracted rates under such plans or coverage. Such
    report shall--
            (1) to the extent practicable, sample a statistically
        significant group of national health care providers;
            (2) examine--
                (A) provider network participation, including
            nonparticipating providers furnishing items and services at
            participating facilities;
                (B) health care provider group network participation,
            including specialty, size, and ownership;
                (C) the impact of State surprise billing laws and network
            adequacy standards on participation of health care providers
            and facilities in provider networks of group health plans and
            of group and individual health insurance coverage offered by
            health insurance issuers; and
                (D) access to providers, including in rural and medically
            underserved communities and health professional shortage areas
            (as defined in section 332 of the Public Health Service Act),
            and the extent of provider shortages in such communities and
            areas;
            (3) to the extent practicable, sample a statistically
        significant group of national health insurance plans and issuers
        and examine--
                (A) the effects of the provisions of, including amendments
            made by, this Act on premiums and out-of-pocket costs with
            respect to group health plans or group or individual health
            insurance coverage;
                (B) the adequacy of provider networks with respect to such
            plans or coverage; and
                (C) categories of providers of ancillary services, as
            defined in section 2799B-2(b)(2) of the Public Health Service
            Act, for which such plans have no or a limited number of in-
            network providers; and
            (4) such other relevant effects of such provisions and
        amendments.
        (c) GAO Report on Adequacy of Provider Networks.--Not later than
    January 1, 2023, the Comptroller General of the United States shall
    submit to Congress, and make publicly available, a report on the
    adequacy of provider networks in group health plans and group and
    individual health insurance coverage, including legislative
    recommendations to improve the adequacy of such networks.
        (d) GAO Report on IDR Process and Potential Financial
    Relationships.--Not later than December 31, 2023, the Comptroller
    General of the United States shall conduct a study and submit to
    Congress a report on the IDR process established under this section.
    Such study and report shall include an analysis of potential financial
    relationships between providers and facilities that utilize the IDR
    process established by the amendments made by this Act and private
    equity investment firms.
        SEC. 110. CONSUMER PROTECTIONS THROUGH APPLICATION OF HEALTH PLAN
          EXTERNAL REVIEW IN CASES OF CERTAIN SURPRISE MEDICAL BILLS.
        (a) In General.--In applying the provisions of section 2719(b) of
    the Public Health Service Act (42 U.S.C. 300gg-19(b)) to group health
    plans and health insurance issuers offering group or individual health
    insurance coverage, the Secretary of Health and Human Services,
    Secretary of Labor, and Secretary of the Treasury, shall require,
    beginning not later than January 1, 2022, the external review process
    described in paragraph (1) of such section to apply with respect to any
    adverse determination by such a plan or issuer under section 2799A-1 or
    2799A-2, section 716 or 717 of the Employee Retirement Income Security
    Act of 1974, or section 9816 or 9817 of the Internal Revenue Code of
    1986, including with respect to whether an item or service that is the
    subject to such a determination is an item or service to which such
    respective section applies.
        (b) Definitions.--The terms ``group health plan''; ``health
    insurance issuer''; ``group health insurance coverage'', and
    ``individual health insurance coverage'' have the meanings given such
    terms in section 2791 of the Public Health Service Act (42 U.S.C.
    300gg-91), section 733 of the Employee Retirement Income Security Act
    (29 U.S.C. 1191b), and section 9832 of the Internal Revenue Code, as
    applicable.
        SEC. 111. CONSUMER PROTECTIONS THROUGH HEALTH PLAN REQUIREMENT FOR
          FAIR AND HONEST ADVANCE COST ESTIMATE.
        (a) PHSA Amendment.--Section 2799A-1 of the Public Health Service
    Act (42 U.S.C. 300gg-19a), as added by section 102 and as further
    amended by the previous provisions of this title, is further amended by
    adding at the end the following new subsection:
        ``(f) Advanced Explanation of Benefits.--
            ``(1) In general.--For plan years beginning on or after January
        1, 2022, each group health plan, or a health insurance issuer
        offering group or individual health insurance coverage shall, with
        respect to a notification submitted under section 2799B-6 by a
        health care provider or health care facility to the plan or issuer
        for a participant, beneficiary, or enrollee under plan or coverage
        scheduled to receive an item or service from the provider or
        facility (or authorized representative of such participant,
        beneficiary, or enrollee), not later than 1 business day (or, in
        the case such item or service was so scheduled at least 10 business
        days before such item or service is to be furnished (or in the case
        of a request made to such plan or coverage by such participant,
        beneficiary, or enrollee), 3 business days) after the date on which
        the plan or coverage receives such notification (or such request),
        provide to the participant, beneficiary, or enrollee (through mail
        or electronic means, as requested by the participant, beneficiary,
        or enrollee) a notification (in clear and understandable language)
        including the following:
                ``(A) Whether or not the provider or facility is a
            participating provider or a participating facility with respect
            to the plan or coverage with respect to the furnishing of such
            item or service and--
                    ``(i) in the case the provider or facility is a
                participating provider or facility with respect to the plan
                or coverage with respect to the furnishing of such item or
                service, the contracted rate under such plan or coverage
                for such item or service (based on the billing and
                diagnostic codes provided by such provider or facility);
                and
                    ``(ii) in the case the provider or facility is a
                nonparticipating provider or facility with respect to such
                plan or coverage, a description of how such individual may
                obtain information on providers and facilities that, with
                respect to such plan or coverage, are participating
                providers and facilities, if any.
                ``(B) The good faith estimate included in the notification
            received from the provider or facility (if applicable) based on
            such codes.
                ``(C) A good faith estimate of the amount the plan or
            coverage is responsible for paying for items and services
            included in the estimate described in subparagraph (B).
                ``(D) A good faith estimate of the amount of any cost-
            sharing for which the participant, beneficiary, or enrollee
            would be responsible for such item or service (as of the date
            of such notification).
                ``(E) A good faith estimate of the amount that the
            participant, beneficiary, or enrollee has incurred toward
            meeting the limit of the financial responsibility (including
            with respect to deductibles and out-of-pocket maximums) under
            the plan or coverage (as of the date of such notification).
                ``(F) In the case such item or service is subject to a
            medical management technique (including concurrent review,
            prior authorization, and step-therapy or fail-first protocols)
            for coverage under the plan or coverage, a disclaimer that
            coverage for such item or service is subject to such medical
            management technique.
                ``(G) A disclaimer that the information provided in the
            notification is only an estimate based on the items and
            services reasonably expected, at the time of scheduling (or
            requesting) the item or service, to be furnished and is subject
            to change.
                ``(H) Any other information or disclaimer the plan or
            coverage determines appropriate that is consistent with
            information and disclaimers required under this section.
            ``(2) Authority to modify timing requirements in the case of
        specified items and services.--
                ``(A) In general.--In the case of a participant,
            beneficiary, or enrollee scheduled to receive an item or
            service that is a specified item or service (as defined in
            subparagraph (B)), the Secretary may modify any timing
            requirements relating to the provision of the notification
            described in paragraph (1) to such participant, beneficiary, or
            enrollee with respect to such item or service. Any modification
            made by the Secretary pursuant to the previous sentence may not
            result in the provision of such notification after such
            participant, beneficiary, or enrollee has been furnished such
            item or service.
                ``(B) Specified item or service defined.--For purposes of
            subparagraph (A), the term `specified item or service' means an
            item or service that has low utilization or significant
            variation in costs (such as when furnished as part of a complex
            treatment), as specified by the Secretary.''.
        (b) IRC Amendments.--Section 9816 of the Internal Revenue Code of
    1986, as added by section 102 and further amended by the previous
    provisions of this title, is further amended by inserting after
    subsection (e) the following new subsection:
        ``(f) Advanced Explanation of Benefits.--
            ``(1) In general.--For plan years beginning on or after January
        1, 2022, each group health plan shall, with respect to a
        notification submitted under section 2799B-6 of the Public Health
        Service Act by a health care provider or health care facility to
        the plan for a participant or beneficiary under plan scheduled to
        receive an item or service from the provider or facility (or
        authorized representative of such participant or beneficiary), not
        later than 1 business day (or, in the case such item or service was
        so scheduled at least 10 business days before such item or service
        is to be furnished (or in the case of a request made to such plan
        or coverage by such participant or beneficiary), 3 business days)
        after the date on which the plan receives such notification (or
        such request), provide to the participant or beneficiary (through
        mail or electronic means, as requested by the participant or
        beneficiary) a notification (in clear and understandable language)
        including the following:
                ``(A) Whether or not the provider or facility is a
            participating provider or a participating facility with respect
            to the plan with respect to the furnishing of such item or
            service and--
                    ``(i) in the case the provider or facility is a
                participating provider or facility with respect to the plan
                or coverage with respect to the furnishing of such item or
                service, the contracted rate under such plan for such item
                or service (based on the billing and diagnostic codes
                provided by such provider or facility); and
                    ``(ii) in the case the provider or facility is a
                nonparticipating provider or facility with respect to such
                plan, a description of how such individual may obtain
                information on providers and facilities that, with respect
                to such plan, are participating providers and facilities,
                if any.
                ``(B) The good faith estimate included in the notification
            received from the provider or facility (if applicable) based on
            such codes.
                ``(C) A good faith estimate of the amount the plan is
            responsible for paying for items and services included in the
            estimate described in subparagraph (B).
                ``(D) A good faith estimate of the amount of any cost-
            sharing for which the participant or beneficiary would be
            responsible for such item or service (as of the date of such
            notification).
                ``(E) A good faith estimate of the amount that the
            participant or beneficiary has incurred toward meeting the
            limit of the financial responsibility (including with respect
            to deductibles and out-of-pocket maximums) under the plan (as
            of the date of such notification).
                ``(F) In the case such item or service is subject to a
            medical management technique (including concurrent review,
            prior authorization, and step-therapy or fail-first protocols)
            for coverage under the plan, a disclaimer that coverage for
            such item or service is subject to such medical management
            technique.
                ``(G) A disclaimer that the information provided in the
            notification is only an estimate based on the items and
            services reasonably expected, at the time of scheduling (or
            requesting) the item or service, to be furnished and is subject
            to change.
                ``(H) Any other information or disclaimer the plan
            determines appropriate that is consistent with information and
            disclaimers required under this section.
            ``(2) Authority to modify timing requirements in the case of
        specified items and services.--
                ``(A) In general.--In the case of a participant or
            beneficiary scheduled to receive an item or service that is a
            specified item or service (as defined in subparagraph (B)), the
            Secretary may modify any timing requirements relating to the
            provision of the notification described in paragraph (1) to
            such participant or beneficiary with respect to such item or
            service. Any modification made by the Secretary pursuant to the
            previous sentence may not result in the provision of such
            notification after such participant or beneficiary has been
            furnished such item or service.
                ``(B) Specified item or service defined.--For purposes of
            subparagraph (A), the term `specified item or service' means an
            item or service that has low utilization or significant
            variation in costs (such as when furnished as part of a complex
            treatment), as specified by the Secretary.''.
        (c) ERISA Amendments.--Section 716 of the Employee Retirement
    Income Security Act of 1974, as added by section 102 and further
    amended by the previous amendments of this title, is further amended by
    adding at the end the following new subsection:
        ``(f) Advanced Explanation of Benefits.--
            ``(1) In general.--For plan years beginning on or after January
        1, 2022, each group health plan, or a health insurance issuer
        offering group health insurance coverage shall, with respect to a
        notification submitted under section 2799B-6 of the Public Health
        Service Act by a health care provider or health care facility to
        the plan or issuer for a participant or beneficiary under plan or
        coverage scheduled to receive an item or service from the provider
        or facility (or authorized representative of such participant or
        beneficiary), not later than 1 business day (or, in the case such
        item or service was so scheduled at least 10 business days before
        such item or service is to be furnished (or in the case of a
        request made to such plan or coverage by such participant or
        beneficiary), 3 business days) after the date on which the plan or
        coverage receives such notification (or such request), provide to
        the participant or beneficiary (through mail or electronic means,
        as requested by the participant or beneficiary) a notification (in
        clear and understandable language) including the following:
                ``(A) Whether or not the provider or facility is a
            participating provider or a participating facility with respect
            to the plan or coverage with respect to the furnishing of such
            item or service and--
                    ``(i) in the case the provider or facility is a
                participating provider or facility with respect to the plan
                or coverage with respect to the furnishing of such item or
                service, the contracted rate under such plan for such item
                or service (based on the billing and diagnostic codes
                provided by such provider or facility); and
                    ``(ii) in the case the provider or facility is a
                nonparticipating provider or facility with respect to such
                plan or coverage, a description of how such individual may
                obtain information on providers and facilities that, with
                respect to such plan or coverage, are participating
                providers and facilities, if any.
                ``(B) The good faith estimate included in the notification
            received from the provider or facility (if applicable) based on
            such codes.
                ``(C) A good faith estimate of the amount the health plan
            is responsible for paying for items and services included in
            the estimate described in subparagraph (B).
                ``(D) A good faith estimate of the amount of any cost-
            sharing for which the participant or beneficiary would be
            responsible for such item or service (as of the date of such
            notification).
                ``(E) A good faith estimate of the amount that the
            participant or beneficiary has incurred toward meeting the
            limit of the financial responsibility (including with respect
            to deductibles and out-of-pocket maximums) under the plan or
            coverage (as of the date of such notification).
                ``(F) In the case such item or service is subject to a
            medical management technique (including concurrent review,
            prior authorization, and step-therapy or fail-first protocols)
            for coverage under the plan or coverage, a disclaimer that
            coverage for such item or service is subject to such medical
            management technique.
                ``(G) A disclaimer that the information provided in the
            notification is only an estimate based on the items and
            services reasonably expected, at the time of scheduling (or
            requesting) the item or service, to be furnished and is subject
            to change.
                ``(H) Any other information or disclaimer the plan or
            coverage determines appropriate that is consistent with
            information and disclaimers required under this section.
            ``(2) Authority to modify timing requirements in the case of
        specified items and services.--
                ``(A) In general.--In the case of a participant or
            beneficiary scheduled to receive an item or service that is a
            specified item or service (as defined in subparagraph (B)), the
            Secretary may modify any timing requirements relating to the
            provision of the notification described in paragraph (1) to
            such participant or beneficiary with respect to such item or
            service. Any modification made by the Secretary pursuant to the
            previous sentence may not result in the provision of such
            notification after such participant or beneficiary has been
            furnished such item or service.
                ``(B) Specified item or service defined.--For purposes of
            subparagraph (A), the term `specified item or service' means an
            item or service that has low utilization or significant
            variation in costs (such as when furnished as part of a complex
            treatment), as specified by the Secretary.''.
        SEC. 112. PATIENT PROTECTIONS THROUGH TRANSPARENCY AND PATIENT-
          PROVIDER DISPUTE RESOLUTION.
        Part E of title XXVII of the Public Health Service Act (42 U.S.C.
    300gg et seq.), as added by section 104 and further amended by the
    previous provisions of this title, is further amended by adding at the
    end the following new sections:
    ``SEC. 2799B-6. PROVISION OF INFORMATION UPON REQUEST AND FOR SCHEDULED
    APPOINTMENTS.
        ``Each health care provider and health care facility shall,
    beginning January 1, 2022, in the case of an individual who schedules
    an item or service to be furnished to such individual by such provider
    or facility at least 3 business days before the date such item or
    service is to be so furnished, not later than 1 business day after the
    date of such scheduling (or, in the case of such an item or service
    scheduled at least 10 business days before the date such item or
    service is to be so furnished (or if requested by the individual), not
    later than 3 business days after the date of such scheduling or such
    request)--
            ``(1) inquire if such individual is enrolled in a group health
        plan, group or individual health insurance coverage offered by a
        health insurance issuer, or a Federal health care program (and if
        is so enrolled in such plan or coverage, seeking to have a claim
        for such item or service submitted to such plan or coverage); and
            ``(2) provide a notification (in clear and understandable
        language) of the good faith estimate of the expected charges for
        furnishing such item or service (including any item or service that
        is reasonably expected to be provided in conjunction with such
        scheduled item or service and such an item or service reasonably
        expected to be so provided by another health care provider or
        health care facility), with the expected billing and diagnostic
        codes for any such item or service, to--
                ``(A) in the case the individual is enrolled in such a plan
            or such coverage (and is seeking to have a claim for such item
            or service submitted to such plan or coverage), such plan or
            issuer of such coverage; and
                ``(B) in the case the individual is not described in
            subparagraph (A) and not enrolled in a Federal health care
            program, the individual.
    ``SEC. 2799B-7. PATIENT-PROVIDER DISPUTE RESOLUTION.
        ``(a) In General.--Not later than January 1, 2022, the Secretary
    shall establish a process (in this subsection referred to as the
    `patient-provider dispute resolution process') under which an uninsured
    individual, with respect to an item or service, who received, pursuant
    to section 2799B-6, from a health care provider or health care facility
    a good-faith estimate of the expected charges for furnishing such item
    or service to such individual and who after being furnished such item
    or service by such provider or facility is billed by such provider or
    facility for such item or service for charges that are substantially in
    excess of such estimate, may seek a determination from a selected
    dispute resolution entity for the charges to be paid by such individual
    (in lieu of such amount so billed) to such provider or facility for
    such item or service. For purposes of this subsection, the term
    `uninsured individual' means, with respect to an item or service, an
    individual who does not have benefits for such item or service under a
    group health plan, group or individual health insurance coverage
    offered by a health insurance issuer, Federal health care program (as
    defined in section 1128B(f) of the Social Security Act), or a health
    benefits plan under chapter 89 of title 5, United States Code (or an
    individual who has benefits for such item or service under a group
    health plan or individual or group health insurance coverage offered by
    a health insurance issuer, but who does not seek to have a claim for
    such item or service submitted to such plan or coverage).
        ``(b) Selection of Entities.--Under the patient-provider dispute
    resolution process, the Secretary shall, with respect to a
    determination sought by an individual under subsection (a), with
    respect to charges to be paid by such individual to a health care
    provider or health care facility described in such paragraph for an
    item or service furnished to such individual by such provider or
    facility, provide for--
            ``(1) a method to select to make such determination an entity
        certified under subsection (d) that--
                ``(A) is not a party to such determination or an employee
            or agent of such party;
                ``(B) does not have a material familial, financial, or
            professional relationship with such a party; and
                ``(C) does not otherwise have a conflict of interest with
            such a party (as determined by the Secretary); and
            ``(2) the provision of a notification of such selection to the
        individual and the provider or facility (as applicable) party to
        such determination.
    An entity selected pursuant to the previous sentence to make a
    determination described in such sentence shall be referred to in this
    subsection as the `selected dispute resolution entity' with respect to
    such determination.
        ``(c) Administrative Fee.--The Secretary shall establish a fee to
    participate in the patient-provider dispute resolution process in such
    a manner as to not create a barrier to an uninsured individual's access
    to such process.
        ``(d) Certification.--The Secretary shall establish or recognize a
    process to certify entities under this subparagraph. Such process shall
    ensure that an entity so certified satisfies at least the criteria
    specified in section 2799A-1(c).''.
        SEC. 113. ENSURING CONTINUITY OF CARE.
        (a) Public Health Service Act.--Title XXVII of the Public Health
    Service Act (42 U.S.C. 300gg et seq.) is amended, in the part D, as
    added and amended by section 102(a) and further amended by the previous
    provisions of this title, by inserting after section 2799A-2 the
    following new section:
    ``SEC. 2799A-3. CONTINUITY OF CARE.
        ``(a) Ensuring Continuity of Care With Respect to Terminations of
    Certain Contractual Relationships Resulting in Changes in Provider
    Network Status.--
            ``(1) In general.--In the case of an individual with benefits
        under a group health plan or group or individual health insurance
        coverage offered by a health insurance issuer and with respect to a
        health care provider or facility that has a contractual
        relationship with such plan or such issuer (as applicable) for
        furnishing items and services under such plan or such coverage, if,
        while such individual is a continuing care patient (as defined in
        subsection (b)) with respect to such provider or facility--
                ``(A) such contractual relationship is terminated (as
            defined in subsection (b));
                ``(B) benefits provided under such plan or such health
            insurance coverage with respect to such provider or facility
            are terminated because of a change in the terms of the
            participation of such provider or facility in such plan or
            coverage; or
                ``(C) a contract between such group health plan and a
            health insurance issuer offering health insurance coverage in
            connection with such plan is terminated, resulting in a loss of
            benefits provided under such plan with respect to such provider
            or facility;
        the plan or issuer, respectively, shall meet the requirements of
        paragraph (2) with respect to such individual.
            ``(2) Requirements.--The requirements of this paragraph are
        that the plan or issuer--
                ``(A) notify each individual enrolled under such plan or
            coverage who is a continuing care patient with respect to a
            provider or facility at the time of a termination described in
            paragraph (1) affecting such provider or facility on a timely
            basis of such termination and such individual's right to elect
            continued transitional care from such provider or facility
            under this section;
                ``(B) provide such individual with an opportunity to notify
            the plan or issuer of the individual's need for transitional
            care; and
                ``(C) permit the patient to elect to continue to have
            benefits provided under such plan or such coverage, under the
            same terms and conditions as would have applied and with
            respect to such items and services as would have been covered
            under such plan or coverage had such termination not occurred,
            with respect to the course of treatment furnished by such
            provider or facility relating to such individual's status as a
            continuing care patient during the period beginning on the date
            on which the notice under subparagraph (A) is provided and
            ending on the earlier of--
                    ``(i) the 90-day period beginning on such date; or
                    ``(ii) the date on which such individual is no longer a
                continuing care patient with respect to such provider or
                facility.
        ``(b) Definitions.--In this section:
            ``(1) Continuing care patient.--The term `continuing care
        patient' means an individual who, with respect to a provider or
        facility--
                ``(A) is undergoing a course of treatment for a serious and
            complex condition from the provider or facility;
                ``(B) is undergoing a course of institutional or inpatient
            care from the provider or facility;
                ``(C) is scheduled to undergo nonelective surgery from the
            provider, including receipt of postoperative care from such
            provider or facility with respect to such a surgery;
                ``(D) is pregnant and undergoing a course of treatment for
            the pregnancy from the provider or facility; or
                ``(E) is or was determined to be terminally ill (as
            determined under section 1861(dd)(3)(A) of the Social Security
            Act) and is receiving treatment for such illness from such
            provider or facility.
            ``(2) Serious and complex condition.--The term `serious and
        complex condition' means, with respect to a participant,
        beneficiary, or enrollee under a group health plan or group or
        individual health insurance coverage--
                ``(A) in the case of an acute illness, a condition that is
            serious enough to require specialized medical treatment to
            avoid the reasonable possibility of death or permanent harm; or
                ``(B) in the case of a chronic illness or condition, a
            condition that is--
                    ``(i) is life-threatening, degenerative, potentially
                disabling, or congenital; and
                    ``(ii) requires specialized medical care over a
                prolonged period of time.
            ``(3) Terminated.--The term `terminated' includes, with respect
        to a contract, the expiration or nonrenewal of the contract, but
        does not include a termination of the contract for failure to meet
        applicable quality standards or for fraud.''.
        (b) Internal Revenue Code.--
            (1) In general.--Subchapter B of chapter 100 of the Internal
        Revenue Code of 1986, as amended by sections 102(c) and 105(a)(3),
        is further amended by inserting after section 9817 the following
        new section:
    ``SEC. 9818. CONTINUITY OF CARE.
        ``(a) Ensuring Continuity of Care With Respect to Terminations of
    Certain Contractual Relationships Resulting in Changes in Provider
    Network Status.--
            ``(1) In general.--In the case of an individual with benefits
        under a group health plan and with respect to a health care
        provider or facility that has a contractual relationship with such
        plan for furnishing items and services under such plan, if, while
        such individual is a continuing care patient (as defined in
        subsection (b)) with respect to such provider or facility--
                ``(A) such contractual relationship is terminated (as
            defined in paragraph (b));
                ``(B) benefits provided under such plan with respect to
            such provider or facility are terminated because of a change in
            the terms of the participation of such provider or facility in
            such plan; or
                ``(C) a contract between such group health plan and a
            health insurance issuer offering health insurance coverage in
            connection with such plan is terminated, resulting in a loss of
            benefits provided under such plan with respect to such provider
            or facility;
        the plan shall meet the requirements of paragraph (2) with respect
        to such individual.
            ``(2) Requirements.--The requirements of this paragraph are
        that the plan--
                ``(A) notify each individual enrolled under such plan who
            is a continuing care patient with respect to a provider or
            facility at the time of a termination described in paragraph
            (1) affecting such provider on a timely basis of such
            termination and such individual's right to elect continued
            transitional care from such provider or facility under this
            section;
                ``(B) provide such individual with an opportunity to notify
            the plan of the individual's need for transitional care; and
                ``(C) permit the patient to elect to continue to have
            benefits provided under such plan, under the same terms and
            conditions as would have applied and with respect to such items
            and services as would have been covered under such plan had
            such termination not occurred, with respect to the course of
            treatment furnished by such provider or facility relating to
            such individual's status as a continuing care patient during
            the period beginning on the date on which the notice under
            subparagraph (A) is provided and ending on the earlier of--
                    ``(i) the 90-day period beginning on such date; or
                    ``(ii) the date on which such individual is no longer a
                continuing care patient with respect to such provider or
                facility.
        ``(b) Definitions.--In this section:
            ``(1) Continuing care patient.--The term `continuing care
        patient' means an individual who, with respect to a provider or
        facility--
                ``(A) is undergoing a course of treatment for a serious and
            complex condition from the provider or facility;
                ``(B) is undergoing a course of institutional or inpatient
            care from the provider or facility;
                ``(C) is scheduled to undergo nonelective surgery from the
            provider or facility, including receipt of postoperative care
            from such provider or facility with respect to such a surgery;
                ``(D) is pregnant and undergoing a course of treatment for
            the pregnancy from the provider or facility; or
                ``(E) is or was determined to be terminally ill (as
            determined under section 1861(dd)(3)(A) of the Social Security
            Act) and is receiving treatment for such illness from such
            provider or facility.
            ``(2) Serious and complex condition.--The term `serious and
        complex condition' means, with respect to a participant or
        beneficiary under a group health plan--
                ``(A) in the case of an acute illness, a condition that is
            serious enough to require specialized medical treatment to
            avoid the reasonable possibility of death or permanent harm; or
                ``(B) in the case of a chronic illness or condition, a
            condition that--
                    ``(i) is life-threatening, degenerative, potentially
                disabling, or congenital; and
                    ``(ii) requires specialized medical care over a
                prolonged period of time.
            ``(3) Terminated.--The term `terminated' includes, with respect
        to a contract, the expiration or nonrenewal of the contract, but
        does not include a termination of the contract for failure to meet
        applicable quality standards or for fraud.''.
            (2) Clerical amendment.--The table of sections for such
        subchapter, as amended by the previous sections, is further amended
        by inserting after the item relating to section 9817 the following
        new item:

    ``Sec. 9818. Continuity of care.''.

        (c) Employee Retirement Income Security Act.--
            (1) In general.--Subpart B of part 7 of subtitle B of title I
        of the Employee Retirement Income Security Act of 1974 (29 U.S.C.
        1185 et seq.), as amended by section 102(c) and further amended by
        the previous provisions of this title, is further amended by
        inserting after section 717 the following new section:
        ``SEC. 718. CONTINUITY OF CARE.
        ``(a) Ensuring Continuity of Care With Respect to Terminations of
    Certain Contractual Relationships Resulting in Changes in Provider
    Network Status.--
            ``(1) In general.--In the case of an individual with benefits
        under a group health plan or group health insurance coverage
        offered by a health insurance issuer and with respect to a health
        care provider or facility that has a contractual relationship with
        such plan or such issuer (as applicable) for furnishing items and
        services under such plan or such coverage, if, while such
        individual is a continuing care patient (as defined in subsection
        (b)) with respect to such provider or facility--
                ``(A) such contractual relationship is terminated (as
            defined in paragraph (b));
                ``(B) benefits provided under such plan or such health
            insurance coverage with respect to such provider or facility
            are terminated because of a change in the terms of the
            participation of the provider or facility in such plan or
            coverage; or
                ``(C) a contract between such group health plan and a
            health insurance issuer offering health insurance coverage in
            connection with such plan is terminated, resulting in a loss of
            benefits provided under such plan with respect to such provider
            or facility;
        the plan or issuer, respectively, shall meet the requirements of
        paragraph (2) with respect to such individual.
            ``(2) Requirements.--The requirements of this paragraph are
        that the plan or issuer--
                ``(A) notify each individual enrolled under such plan or
            coverage who is a continuing care patient with respect to a
            provider or facility at the time of a termination described in
            paragraph (1) affecting such provider or facility on a timely
            basis of such termination and such individual's right to elect
            continued transitional care from such provider or facility
            under this section;
                ``(B) provide such individual with an opportunity to notify
            the plan or issuer of the individual's need for transitional
            care; and
                ``(C) permit the patient to elect to continue to have
            benefits provided under such plan or such coverage, under the
            same terms and conditions as would have applied and with
            respect to such items and services as would have been covered
            under such plan or coverage had such termination not occurred,
            with respect to the course of treatment furnished by such
            provider or facility relating to such individual's status as a
            continuing care patient during the period beginning on the date
            on which the notice under subparagraph (A) is provided and
            ending on the earlier of--
                    ``(i) the 90-day period beginning on such date; or
                    ``(ii) the date on which such individual is no longer a
                continuing care patient with respect to such provider or
                facility.
        ``(b) Definitions.--In this section:
            ``(1) Continuing care patient.--The term `continuing care
        patient' means an individual who, with respect to a provider or
        facility--
                ``(A) is undergoing a course of treatment for a serious and
            complex condition from the provider or facility;
                ``(B) is undergoing a course of institutional or inpatient
            care from the provider or facility;
                ``(C) is scheduled to undergo nonelective surgery from the
            provide or facility, including receipt of postoperative care
            from such provider or facility with respect to such a surgery;
                ``(D) is pregnant and undergoing a course of treatment for
            the pregnancy from the provider or facility; or
                ``(E) is or was determined to be terminally ill (as
            determined under section 1861(dd)(3)(A) of the Social Security
            Act) and is receiving treatment for such illness from such
            provider or facility.
            ``(2) Serious and complex condition.--The term `serious and
        complex condition' means, with respect to a participant or
        beneficiary under a group health plan or group health insurance
        coverage--
                ``(A) in the case of an acute illness, a condition that is
            serious enough to require specialized medical treatment to
            avoid the reasonable possibility of death or permanent harm; or
                ``(B) in the case of a chronic illness or condition, a
            condition that--
                    ``(i) is life-threatening, degenerative, potentially
                disabling, or congenital; and
                    ``(ii) requires specialized medical care over a
                prolonged period of time.
            ``(3) Terminated.--The term `terminated' includes, with respect
        to a contract, the expiration or nonrenewal of the contract, but
        does not include a termination of the contract for failure to meet
        applicable quality standards or for fraud.''.
            (2) Clerical amendment.--The table of contents in section 1 of
        the Employee Retirement Income Security Act of 1974 is amended by
        inserting after the item relating to section 716 the following new
        item:

    ``Sec. 718. Continuity of care.''.

        (d) Provider Requirement.--Part E of title XXVII of the Public
    Health Service Act (42 U.S.C. 300gg et seq.), as added by section 104
    and further amended by the previous provisions of this title, is
    further amended by adding at the end the following new section:
    ``SEC. 2799B-8. CONTINUITY OF CARE.
        ``A health care provider or health care facility shall, in the case
    of an individual furnished items and services by such provider or
    facility for which coverage is provided under a group health plan or
    group or individual health insurance coverage pursuant to section
    2799A-3, section 9818 of the Internal Revenue Code of 1986, or section
    718 of the Employee Retirement Income Security Act of 1974--
            ``(1) accept payment from such plan or such issuer (as
        applicable) (and cost-sharing from such individual, if applicable,
        in accordance with subsection (a)(2)(C) of such section 2799A-3,
        9818, or 718) for such items and services as payment in full for
        such items and services; and
            ``(2) continue to adhere to all policies, procedures, and
        quality standards imposed by such plan or issuer with respect to
        such individual and such items and services in the same manner as
        if such termination had not occurred.''.
        (e) Effective Date.--The amendments made by subsections (a), (b),
    and (c) shall apply with respect to plan years beginning on or after
    January 1, 2022.
        SEC. 114. MAINTENANCE OF PRICE COMPARISON TOOL.
        (a) Public Health Service Act.--Title XXVII of the Public Health
    Service Act (42 U.S.C. 300gg et seq.) is amended, in part D, as added
    and amended by section 102 and further amended by the previous
    provisions of this title, by inserting after section 2799A-3 the
    following new section:
    ``SEC. 2799A-4. MAINTENANCE OF PRICE COMPARISON TOOL.
        ``A group health plan or a health insurance issuer offering group
    or individual health insurance coverage shall offer price comparison
    guidance by telephone and make available on the Internet website of the
    plan or issuer a price comparison tool that (to the extent practicable)
    allows an individual enrolled under such plan or coverage, with respect
    to such plan year, such geographic region, and participating providers
    with respect to such plan or coverage, to compare the amount of cost-
    sharing that the individual would be responsible for paying under such
    plan or coverage with respect to the furnishing of a specific item or
    service by any such provider.''.
        (b) Internal Revenue Code.--
            (1) In general.--Subchapter B of chapter 100 of the Internal
        Revenue Code of 1986, as amended by sections 102, 105, and 113, is
        further amended by inserting after section 9818 the following new
        section:
    ``SEC. 9819. MAINTENANCE OF PRICE COMPARISON TOOL.
        ``A group health plan shall offer price comparison guidance by
    telephone and make available on the Internet website of the plan or
    issuer a price comparison tool that (to the extent practicable) allows
    an individual enrolled under such plan, with respect to such plan year,
    such geographic region, and participating providers with respect to
    such plan or coverage, to compare the amount of cost-sharing that the
    individual would be responsible for paying under such plan with respect
    to the furnishing of a specific item or service by any such
    provider.''.
            (2) Clerical amendment.--The table of sections for such
        subchapter, as amended by the previous sections, is further amended
        by inserting after the item relating to section 9818 the following
        new item:

    ``Sec. 9819. Maintenance of price comparison tool.''.

        (c) Employee Retirement Income Security Act.--
            (1) In general.--Subpart B of part 7 of subtitle B of title I
        of the Employee Retirement Income Security Act of 1974 (29 U.S.C.
        1185 et seq.), as amended by sections 102, 105, and 113, is further
        amended by inserting after section 718 the following new section:
        ``SEC. 719. MAINTENANCE OF PRICE COMPARISON TOOL.
        ``A group health plan or a health insurance issuer offering group
    health insurance coverage shall offer price comparison guidance by
    telephone and make available on the Internet website of the plan or
    issuer a price comparison tool that (to the extent practicable) allows
    an individual enrolled under such plan or coverage, with respect to
    such plan year, such geographic region, and participating providers
    with respect to such plan or coverage, to compare the amount of cost-
    sharing that the individual would be responsible for paying under such
    plan or coverage with respect to the furnishing of a specific item or
    service by any such provider.''.
            (2) Clerical amendment.--The table of contents in section 1 of
        the Employee Retirement Income Security Act of 1974, as amended by
        the previous provisions of this title, is further amended by
        inserting after the item relating to section 716 the following new
        item:

    ``Sec. 719. Maintenance of price comparison tool.''.

        (d) Effective Date.--The amendments made by this section shall
    apply with respect to plan years beginning on or after January 1, 2022.
        SEC. 115. STATE ALL PAYER CLAIMS DATABASES.
        (a) Grants to States.--Part B of title III of the Public Health
    Service Act (42 U.S.C. 243 et seq.) is amended by adding at the end the
    following:
    ``SEC. 320B. STATE ALL PAYER CLAIMS DATABASES.
        ``(a) In General.--The Secretary shall make one-time grants to
    eligible States for the purposes described in subsection (b).
        ``(b) Uses.--A State may use a grant received under subsection (a)
    for one of the following purposes:
            ``(1) To establish a State All Payer Claims Database.
            ``(2) To improve an existing State All Payer Claims Databases.
        ``(c) Eligibility.--To be eligible to receive a grant under
    subsection (a), a State shall submit to the Secretary an application at
    such time, in such manner, and containing such information as the
    Secretary specifies, including, with respect to a State All Payer
    Claims Database, at least specifics on how the State will ensure
    uniform data collection and the privacy and security of such data.
        ``(d) Grant Period and Amount.--Grants awarded under this section
    shall be for a period of 3-years, and in an amount of $2,500,000, of
    which $1,000,000 shall be made available to the State for each of the
    first 2 years of the grant period, and $500,000 shall be made available
    to the State for the third year of the grant period.
        ``(e) Authorized Users.--
            ``(1) Application.--An entity desiring authorization for access
        to a State All Payer Claims Database that has received a grant
        under this section shall submit to the State All Payer Claims
        Database an application for such access, which shall include--
                ``(A) in the case of an entity requesting access for
            research purposes--
                    ``(i) a description of the uses and methodologies for
                evaluating health system performance using such data; and
                    ``(ii) documentation of approval of the research by an
                institutional review board, if applicable for a particular
                plan of research; or
                ``(B) in the case of an entity such as an employer, health
            insurance issuer, third-party administrator, or health care
            provider, requesting access for the purpose of quality
            improvement or cost-containment, a description of the intended
            uses for such data.
            ``(2) Requirements.--
                ``(A) Access for research purposes.--Upon approval of an
            application for research purposes under paragraph (1)(A), the
            authorized user shall enter into a data use and confidentiality
            agreement with the State All Payer Claims Database that has
            received a grant under this subsection, which shall include a
            prohibition on attempts to reidentify and disclose individually
            identifiable health information and proprietary financial
            information.
                ``(B) Customized reports.--Employers and employer
            organizations may request customized reports from a State All
            Payer Claims Database that has received a grant under this
            section, at cost, subject to the requirements of this section
            with respect to privacy, security, and proprietary financial
            information.
                ``(C) Non-customized reports.--A State All Payer Claims
            Database that has received a grant under this section shall
            make available to all authorized users aggregate data sets
            available through the State All Payer Claims Database, free of
            charge.
            ``(3) Waivers.--The Secretary may waive the requirements of
        this subsection of a State All Payer Claims Database to provide
        access of entities to such database if such State All Payer Claims
        Database is substantially in compliance with this subsection.
        ``(f) Expanded Access.--
            ``(1) Multi-state applications.--The Secretary may prioritize
        applications submitted by a State whose application demonstrates
        that the State will work with other State All Payer Claims
        Databases to establish a single application for access to data by
        authorized users across multiple States.
            ``(2) Expansion of data sets.--The Secretary may prioritize
        applications submitted by a State whose application demonstrates
        that the State will implement the reporting format for self-insured
        group health plans described in section 735 of the Employee
        Retirement Income Security Act of 1974.
        ``(g) Definitions.--In this section--
            ``(1) the term `individually identifiable health information'
        has the meaning given such term in section 1171(6) of the Social
        Security Act;
            ``(2) the term `proprietary financial information' means data
        that would disclose the terms of a specific contract between an
        individual health care provider or facility and a specific group
        health plan, managed care entity (as defined in section
        1932(a)(1)(B) of the Social Security Act) or other managed care
        organization, or health insurance issuer offering group or
        individual health insurance coverage; and
            ``(3) the term `State All Payer Claims Database' means, with
        respect to a State, a database that may include medical claims,
        pharmacy claims, dental claims, and eligibility and provider files,
        which are collected from private and public payers.
        ``(h) Authorization of Appropriations.--To carry out this section,
    there is authorized to be appropriated $50,000,000 for each of fiscal
    years 2022 and 2023, and $25,000,000 for fiscal year 2024, to remain
    available until expended.''.
        (b) Standardized Reporting Format.--
            Subpart C of part 7 of subtitle B of title I of the Employee
        Retirement Income Security Act of 1974 (29 U.S.C. 1191 et seq.) is
        amended by adding at the end the following:
        ``SEC. 735. STANDARDIZED REPORTING FORMAT.
        ``(a) In General.--Not later than 1 year after the date of
    enactment of this section, the Secretary shall establish (and
    periodically update) a standardized reporting format for the voluntary
    reporting, by group health plans to State All Payer Claims Databases,
    of medical claims, pharmacy claims, dental claims, and eligibility and
    provider files that are collected from private and public payers, and
    shall provide guidance to States on the process by which States may
    collect such data from such plans in the standardized reporting format.
        ``(b) Consultation.--
            ``(1) Advisory committee.--Not later than 90 days after the
        date of enactment of this section, the Secretary shall convene an
        Advisory Committee (referred to in this section as the
        `Committee'), consisting of 15 members to advise the Secretary
        regarding the format and guidance described in paragraph (1).
            ``(2) Membership.--
                ``(A) Appointment.--In accordance with subparagraph (B),
            not later than 90 days after the date of enactment this
            section, the Secretary, in coordination with the Secretary of
            Health and Human Services, shall appoint under subparagraph
            (B)(iii), and the Comptroller General of the United States
            shall appoint under subparagraph (B)(iv), members who have
            distinguished themselves in the fields of health services
            research, health economics, health informatics, data privacy
            and security, or the governance of State All Payer Claims
            Databases, or who represent organizations likely to submit data
            to or use the database, including patients, employers, or
            employee organizations that sponsor group health plans, health
            care providers, health insurance issuers, or third-party
            administrators of group health plans. Such members shall serve
            3-year terms on a staggered basis. Vacancies on the Committee
            shall be filled by appointment consistent with this paragraph
            not later than 3 months after the vacancy arises.
                ``(B) Composition.--The Committee shall be comprised of--
                    ``(i) the Assistant Secretary of Employee Benefits and
                Security Administration of the Department of Labor, or a
                designee of such Assistant Secretary;
                    ``(ii) the Assistant Secretary for Planning and
                Evaluation of the Department of Health and Human Services,
                or a designee of such Assistant Secretary;
                    ``(iii) members appointed by the Secretary, in
                coordination with the Secretary of Health and Human
                Services, including--

                        ``(I) 1 member to serve as the chair of the
                    Committee;
                        ``(II) 1 representative of the Centers for Medicare
                    & Medicaid Services;
                        ``(III) 1 representative of the Agency for
                    Healthcare Research and Quality;
                        ``(IV) 1 representative of the Office for Civil
                    Rights of the Department of Health and Human Services
                    with expertise in data privacy and security;
                        ``(V) 1 representative of the National Center for
                    Health Statistics;
                        ``(VI) 1 representative of the Office of the
                    National Coordinator for Health Information Technology;
                    and
                        ``(VII) 1 representative of a State All-Payer
                    Claims Database;

                    ``(iv) members appointed by the Comptroller General of
                the United States, including--

                        ``(I) 1 representative of an employer that sponsors
                    a group health plan;
                        ``(II) 1 representative of an employee organization
                    that sponsors a group health plan;
                        ``(III) 1 academic researcher with expertise in
                    health economics or health services research;
                        ``(IV) 1 consumer advocate; and
                        ``(V) 2 additional members.

            ``(3) Report.--Not later than 180 days after the date of
        enactment of this section, the Committee shall report to the
        Secretary, the Committee on Health, Education, Labor, and Pensions
        of the Senate, and the Committee on Energy and Commerce and the
        Committee on Education and Labor of the House of Representatives.
        Such report shall include recommendations on the establishment of
        the format and guidance described in subsection (a).
        ``(c) State All Payer Claims Database.--In this section, the term
    `State All Payer Claims Database' means, with respect to a State, a
    database that may include medical claims, pharmacy claims, dental
    claims, and eligibility and provider files, which are collected from
    private and public payers.
        ``(d) Authorization of Appropriations.--To carry out this section,
    there are authorized to be appropriated $5,000,000 for fiscal year
    2021, to remain available until expended or, if sooner, until the date
    described in subsection (e).
        ``(e) Sunset.--Beginning on the date on which the report is
    submitted under subsection (b)(3), subsection (b) shall have no force
    or effect.''.
        SEC. 116. PROTECTING PATIENTS AND IMPROVING THE ACCURACY OF
          PROVIDER DIRECTORY INFORMATION.
        (a) PHSA.--Part D of title XXVII of the Public Health Service Act
    (42 U.S.C. 300gg et seq.), as added and amended by section 102 and
    further amended by the previous provisions of this title, is further
    amended by inserting after section 2799A-4 the following:
    ``SEC. 2799A-5. PROTECTING PATIENTS AND IMPROVING THE ACCURACY OF
    PROVIDER DIRECTORY INFORMATION.
        ``(a) Provider Directory Information Requirements.--
            ``(1) In general.--For plan years beginning on or after January
        1, 2022, each group health plan and health insurance issuer
        offering group or individual health insurance coverage shall--
                ``(A) establish the verification process described in
            paragraph (2);
                ``(B) establish the response protocol described in
            paragraph (3);
                ``(C) establish the database described in paragraph (4);
            and
                ``(D) include in any directory (other than the database
            described in subparagraph (C)) containing provider directory
            information with respect to such plan or such coverage the
            information described in paragraph (5).
            ``(2) Verification process.--The verification process described
        in this paragraph is, with respect to a group health plan or a
        health insurance issuer offering group or individual health
        insurance coverage, a process--
                ``(A) under which, not less frequently than once every 90
            days, such plan or such issuer (as applicable) verifies and
            updates the provider directory information included on the
            database described in paragraph (4) of such plan or issuer of
            each health care provider and health care facility included in
            such database;
                ``(B) that establishes a procedure for the removal of such
            a provider or facility with respect to which such plan or
            issuer has been unable to verify such information during a
            period specified by the plan or issuer; and
                ``(C) that provides for the update of such database within
            2 business days of such plan or issuer receiving from such a
            provider or facility information pursuant to section 2799B-9.
            ``(3) Response protocol.--The response protocol described in
        this paragraph is, in the case of an individual enrolled under a
        group health plan or group or individual health insurance coverage
        offered by a health insurance issuer who requests information
        through a telephone call or electronic, web-based, or Internet-
        based means on whether a health care provider or health care
        facility has a contractual relationship to furnish items and
        services under such plan or such coverage, a protocol under which
        such plan or such issuer (as applicable), in the case such request
        is made through a telephone call--
                ``(A) responds to such individual as soon as practicable
            and in no case later than 1 business day after such call is
            received, through a written electronic or print (as requested
            by such individual) communication; and
                ``(B) retains such communication in such individual's file
            for at least 2 years following such response.
            ``(4) Database.--The database described in this paragraph is,
        with respect to a group health plan or health insurance issuer
        offering group or individual health insurance coverage, a database
        on the public website of such plan or issuer that contains--
                ``(A) a list of each health care provider and health care
            facility with which such plan or such issuer has a direct or
            indirect contractual relationship for furnishing items and
            services under such plan or such coverage; and
                ``(B) provider directory information with respect to each
            such provider and facility.
            ``(5) Information.--The information described in this paragraph
        is, with respect to a print directory containing provider directory
        information with respect to a group health plan or individual or
        group health insurance coverage offered by a health insurance
        issuer, a notification that such information contained in such
        directory was accurate as of the date of publication of such
        directory and that an individual enrolled under such plan or such
        coverage should consult the database described in paragraph (4)
        with respect to such plan or such coverage or contact such plan or
        the issuer of such coverage to obtain the most current provider
        directory information with respect to such plan or such coverage.
            ``(6) Definition.--For purposes of this subsection, the term
        `provider directory information' includes, with respect to a group
        health plan and a health insurance issuer offering group or
        individual health insurance coverage, the name, address, specialty,
        telephone number, and digital contact information of each health
        care provider or health care facility with which such plan or such
        issuer has a contractual relationship for furnishing items and
        services under such plan or such coverage.
            ``(7) Rule of construction.--Nothing in this section shall be
        construed to preempt any provision of State law relating to health
        care provider directories.
        ``(b) Cost-sharing for Services Provided Based on Reliance on
    Incorrect Provider Network Information.--
            ``(1) In general.--For plan years beginning on or after January
        1, 2022, in the case of an item or service furnished to a
        participant, beneficiary, or enrollee of a group health plan or
        group or individual health insurance coverage offered by a health
        insurance issuer by a nonparticipating provider or a
        nonparticipating facility, if such item or service would otherwise
        be covered under such plan or coverage if furnished by a
        participating provider or participating facility and if either of
        the criteria described in paragraph (2) applies with respect to
        such participant, beneficiary, or enrollee and item or service, the
        plan or coverage--
                ``(A) shall not impose on such participant, beneficiary, or
            enrollee a cost-sharing amount for such item or service so
            furnished that is greater than the cost-sharing amount that
            would apply under such plan or coverage had such item or
            service been furnished by a participating provider; and
                ``(B) shall apply the deductible or out-of-pocket maximum,
            if any, that would apply if such services were furnished by a
            participating provider or a participating facility.
            ``(2) Criteria described.--For purposes of paragraph (1), the
        criteria described in this paragraph, with respect to an item or
        service furnished to a participant, beneficiary, or enrollee of a
        group health plan or group or individual health insurance coverage
        offered by a health insurance issuer by a nonparticipating provider
        or a nonparticipating facility, are the following:
                ``(A) The participant, beneficiary, or enrollee received
            through a database, provider directory, or response protocol
            described in subsection (a) information with respect to such
            item and service to be furnished and such information provided
            that the provider was a participating provider or facility was
            a participating facility, with respect to the plan for
            furnishing such item or service.
                ``(B) The information was not provided, in accordance with
            subsection (a), to the participant, beneficiary, or enrollee
            and the participant, beneficiary, or enrollee requested through
            the response protocol described in subsection (a)(3) of the
            plan or coverage information on whether the provider was a
            participating provider or facility was a participating facility
            with respect to the plan for furnishing such item or service
            and was informed through such protocol that the provider was
            such a participating provider or facility was such a
            participating facility.
        ``(c) Disclosure on Patient Protections Against Balance Billing.--
    For plan years beginning on or after January 1, 2022, each group health
    plan and health insurance issuer offering group or individual health
    insurance coverage shall make publicly available, post on a public
    website of such plan or issuer, and include on each explanation of
    benefits for an item or service with respect to which the requirements
    under section 2799A-1 applies--
            ``(1) information in plain language on--
                ``(A) the requirements and prohibitions applied under
            sections 2799B-1 and 2799B-2 (relating to prohibitions on
            balance billing in certain circumstances);
                ``(B) if provided for under applicable State law, any other
            requirements on providers and facilities regarding the amounts
            such providers and facilities may, with respect to an item or
            service, charge a participant, beneficiary, or enrollee of such
            plan or coverage with respect to which such a provider or
            facility does not have a contractual relationship for
            furnishing such item or service under the plan or coverage
            after receiving payment from the plan or coverage for such item
            or service and any applicable cost sharing payment from such
            participant, beneficiary, or enrollee; and
                ``(C) the requirements applied under section 2799A-1; and
            ``(2) information on contacting appropriate State and Federal
        agencies in the case that an individual believes that such a
        provider or facility has violated any requirement described in
        paragraph (1) with respect to such individual.''.
        (b) ERISA.--Subpart B of part 7 of subtitle B of title I of the
    Employee Retirement Income Security Act of 1974 (29 U.S.C. 1185 et
    seq.), as amended by sections 102, 105, 113, and 114, is further
    amended by inserting after section 719 the following:
        ``SEC. 720. PROTECTING PATIENTS AND IMPROVING THE ACCURACY OF
          PROVIDER DIRECTORY INFORMATION.
        ``(a) Provider Directory Information Requirements.--
            ``(1) In general.--For plan years beginning on or after January
        1, 2022, each group health plan and health insurance issuer
        offering group health insurance coverage shall--
                ``(A) establish the verification process described in
            paragraph (2);
                ``(B) establish the response protocol described in
            paragraph (3);
                ``(C) establish the database described in paragraph (4);
            and
                ``(D) include in any directory (other than the database
            described in subparagraph (C)) containing provider directory
            information with respect to such plan or such coverage the
            information described in paragraph (5).
            ``(2) Verification process.--The verification process described
        in this paragraph is, with respect to a group health plan or a
        health insurance issuer offering group health insurance coverage, a
        process--
                ``(A) under which, not less frequently than once every 90
            days, such plan or such issuer (as applicable) verifies and
            updates the provider directory information included on the
            database described in paragraph (4) of such plan or issuer of
            each health care provider and health care facility included in
            such database;
                ``(B) that establishes a procedure for the removal of such
            a provider or facility with respect to which such plan or
            issuer has been unable to verify such information during a
            period specified by the plan or issuer; and
                ``(C) that provides for the update of such database within
            2 business days of such plan or issuer receiving from such a
            provider or facility information pursuant to section 2799B-9 of
            the Public Health Service Act.
            ``(3) Response protocol.--The response protocol described in
        this paragraph is, in the case of an individual enrolled under a
        group health plan or group health insurance coverage offered by a
        health insurance issuer who requests information through a
        telephone call or electronic, web-based, or Internet-based means on
        whether a health care provider or health care facility has a
        contractual relationship to furnish items and services under such
        plan or such coverage, a protocol under which such plan or such
        issuer (as applicable), in the case such request is made through a
        telephone call--
                ``(A) responds to such individual as soon as practicable
            and in no case later than 1 business day after such call is
            received, through a written electronic or print (as requested
            by such individual) communication; and
                ``(B) retains such communication in such individual's file
            for at least 2 years following such response.
            ``(4) Database.--The database described in this paragraph is,
        with respect to a group health plan or health insurance issuer
        offering group health insurance coverage, a database on the public
        website of such plan or issuer that contains--
                ``(A) a list of each health care provider and health care
            facility with which such plan or such issuer has a direct or
            indirect contractual relationship for furnishing items and
            services under such plan or such coverage; and
                ``(B) provider directory information with respect to each
            such provider and facility.
            ``(5) Information.--The information described in this paragraph
        is, with respect to a print directory containing provider directory
        information with respect to a group health plan or group health
        insurance coverage offered by a health insurance issuer, a
        notification that such information contained in such directory was
        accurate as of the date of publication of such directory and that
        an individual enrolled under such plan or such coverage should
        consult the database described in paragraph (4) with respect to
        such plan or such coverage or contact such plan or the issuer of
        such coverage to obtain the most current provider directory
        information with respect to such plan or such coverage.
            ``(6) Definition.--For purposes of this subsection, the term
        `provider directory information' includes, with respect to a group
        health plan and a health insurance issuer offering group health
        insurance coverage, the name, address, specialty, telephone number,
        and digital contact information of each health care provider or
        health care facility with which such plan or such issuer has a
        contractual relationship for furnishing items and services under
        such plan or such coverage.
            ``(7) Rule of construction.--Nothing in this section shall be
        construed to preempt any provision of State law relating to health
        care provider directories, to the extent such State law applies to
        such plan, coverage, or issuer, subject to section 514.
        ``(b) Cost-sharing for Services Provided Based on Reliance on
    Incorrect Provider Network Information.--
            ``(1) In general.--For plan years beginning on or after January
        1, 2022, in the case of an item or service furnished to a
        participant or beneficiary of a group health plan or group health
        insurance coverage offered by a health insurance issuer by a
        nonparticipating provider or a nonparticipating facility, if such
        item or service would otherwise be covered under such plan or
        coverage if furnished by a participating provider or participating
        facility and if either of the criteria described in paragraph (2)
        applies with respect to such participant or beneficiary and item or
        service, the plan or coverage--
                ``(A) shall not impose on such participant or beneficiary a
            cost-sharing amount for such item or service so furnished that
            is greater than the cost-sharing amount that would apply under
            such plan or coverage had such item or service been furnished
            by a participating provider; and
                ``(B) shall apply the deductible or out-of-pocket maximum,
            if any, that would apply if such services were furnished by a
            participating provider or a participating facility.
            ``(2) Criteria described.--For purposes of paragraph (1), the
        criteria described in this paragraph, with respect to an item or
        service furnished to a participant or beneficiary of a group health
        plan or group health insurance coverage offered by a health
        insurance issuer by a nonparticipating provider or a
        nonparticipating facility, are the following:
                ``(A) The participant or beneficiary received through a
            database, provider directory, or response protocol described in
            subsection (a) information with respect to such item and
            service to be furnished and such information provided that the
            provider was a participating provider or facility was a
            participating facility, with respect to the plan for furnishing
            such item or service.
                ``(B) The information was not provided, in accordance with
            subsection (a), to the participant or beneficiary and the
            participant or beneficiary requested through the response
            protocol described in subsection (a)(3) of the plan or coverage
            information on whether the provider was a participating
            provider or facility was a participating facility with respect
            to the plan for furnishing such item or service and was
            informed through such protocol that the provider was such a
            participating provider or facility was such a participating
            facility.
        ``(c) Disclosure on Patient Protections Against Balance Billing.--
    For plan years beginning on or after January 1, 2022, each group health
    plan and health insurance issuer offering group health insurance
    coverage shall make publicly available, post on a public website of
    such plan or issuer, and include on each explanation of benefits for an
    item or service with respect to which the requirements under section
    716 applies--
            ``(1) information in plain language on--
                ``(A) the requirements and prohibitions applied under
            sections 2799B-1 and 2799B-2 of the Public Health Service Act
            (relating to prohibitions on balance billing in certain
            circumstances);
                ``(B) if provided for under applicable State law, any other
            requirements on providers and facilities regarding the amounts
            such providers and facilities may, with respect to an item or
            service, charge a participant or beneficiary of such plan or
            coverage with respect to which such a provider or facility does
            not have a contractual relationship for furnishing such item or
            service under the plan or coverage after receiving payment from
            the plan or coverage for such item or service and any
            applicable cost sharing payment from such participant or
            beneficiary; and
                ``(C) the requirements applied under section 716; and
            ``(2) information on contacting appropriate State and Federal
        agencies in the case that an individual believes that such a
        provider or facility has violated any requirement described in
        paragraph (1) with respect to such individual.''.
        (c) IRC.--Subchapter B of chapter 100 of the Internal Revenue Code
    of 1986, as amended by sections 102, 105, 113, and 114, is further
    amended by inserting after section 9819 the following:
    ``SEC. 9820. PROTECTING PATIENTS AND IMPROVING THE ACCURACY OF PROVIDER
    DIRECTORY INFORMATION.
        ``(a) Provider Directory Information Requirements.--
            ``(1) In general.--For plan years beginning on or after January
        1, 2022, each group health plan shall--
                ``(A) establish the verification process described in
            paragraph (2);
                ``(B) establish the response protocol described in
            paragraph (3);
                ``(C) establish the database described in paragraph (4);
            and
                ``(D) include in any directory (other than the database
            described in subparagraph (C)) containing provider directory
            information with respect to such plan the information described
            in paragraph (5).
            ``(2) Verification process.--The verification process described
        in this paragraph is, with respect to a group health plan, a
        process--
                ``(A) under which, not less frequently than once every 90
            days, such plan verifies and updates the provider directory
            information included on the database described in paragraph (4)
            of such plan or issuer of each health care provider and health
            care facility included in such database;
                ``(B) that establishes a procedure for the removal of such
            a provider or facility with respect to which such plan or
            issuer has been unable to verify such information during a
            period specified by the plan or issuer; and
                ``(C) that provides for the update of such database within
            2 business days of such plan or issuer receiving from such a
            provider or facility information pursuant to section 2799B-9 of
            the Public Health Service Act.
            ``(3) Response protocol.--The response protocol described in
        this paragraph is, in the case of an individual enrolled under a
        group health plan who requests information through a telephone call
        or electronic, web-based, or Internet-based means on whether a
        health care provider or health care facility has a contractual
        relationship to furnish items and services under such plan, a
        protocol under which such plan or such issuer (as applicable), in
        the case such request is made through a telephone call--
                ``(A) responds to such individual as soon as practicable
            and in no case later than 1 business day after such call is
            received, through a written electronic or print (as requested
            by such individual) communication; and
                ``(B) retains such communication in such individual's file
            for at least 2 years following such response.
            ``(4) Database.--The database described in this paragraph is,
        with respect to a group health plan, a database on the public
        website of such plan or issuer that contains--
                ``(A) a list of each health care provider and health care
            facility with which such plan or such issuer has a direct or
            indirect contractual relationship for furnishing items and
            services under such plan; and
                ``(B) provider directory information with respect to each
            such provider and facility.
            ``(5) Information.--The information described in this paragraph
        is, with respect to a print directory containing provider directory
        information with respect to a group health plan, a notification
        that such information contained in such directory was accurate as
        of the date of publication of such directory and that an individual
        enrolled under such plan should consult the database described in
        paragraph (4) with respect to such plan or contact such plan to
        obtain the most current provider directory information with respect
        to such plan.
            ``(6) Definition.--For purposes of this subsection, the term
        `provider directory information' includes, with respect to a group
        health plan, the name, address, specialty, telephone number, and
        digital contact information of each health care provider or health
        care facility with which such plan has a contractual relationship
        for furnishing items and services under such plan.
            ``(7) Rule of construction.--Nothing in this section shall be
        construed to preempt any provision of State law relating to health
        care provider directories.
        ``(b) Cost-sharing for Services Provided Based on Reliance on
    Incorrect Provider Network Information.--
            ``(1) In general.--For plan years beginning on or after January
        1, 2022, in the case of an item or service furnished to a
        participant or beneficiary of a group health plan by a
        nonparticipating provider or a nonparticipating facility, if such
        item or service would otherwise be covered under such plan if
        furnished by a participating provider or participating facility and
        if either of the criteria described in paragraph (2) applies with
        respect to such participant or beneficiary and item or service, the
        plan--
                ``(A) shall not impose on such participant or beneficiary a
            cost-sharing amount for such item or service so furnished that
            is greater than the cost-sharing amount that would apply under
            such plan had such item or service been furnished by a
            participating provider; and
                ``(B) shall apply the deductible or out-of-pocket maximum,
            if any, that would apply if such services were furnished by a
            participating provider or a participating facility.
            ``(2) Criteria described.--For purposes of paragraph (1), the
        criteria described in this paragraph, with respect to an item or
        service furnished to a participant or beneficiary of a group health
        plan by a nonparticipating provider or a nonparticipating facility,
        are the following:
                ``(A) The participant or beneficiary received through a
            database, provider directory, or response protocol described in
            subsection (a) information with respect to such item and
            service to be furnished and such information provided that the
            provider was a participating provider or facility was a
            participating facility, with respect to the plan for furnishing
            such item or service.
                ``(B) The information was not provided, in accordance with
            subsection (a), to the participant or beneficiary and the
            participant or beneficiary requested through the response
            protocol described in subsection (a)(3) of the plan information
            on whether the provider was a participating provider or
            facility was a participating facility with respect to the plan
            for furnishing such item or service and was informed through
            such protocol that the provider was such a participating
            provider or facility was such a participating facility.
        ``(c) Disclosure on Patient Protections Against Balance Billing.--
    For plan years beginning on or after January 1, 2022, each group health
    plan shall make publicly available, post on a public website of such
    plan or issuer, and include on each explanation of benefits for an item
    or service with respect to which the requirements under section 9816
    applies--
            ``(1) information in plain language on--
                ``(A) the requirements and prohibitions applied under
            sections 2799B-1 and 2799B-2 of the Public Health Service
            Act(relating to prohibitions on balance billing in certain
            circumstances);
                ``(B) if provided for under applicable State law, any other
            requirements on providers and facilities regarding the amounts
            such providers and facilities may, with respect to an item or
            service, charge a participant or beneficiary of such plan with
            respect to which such a provider or facility does not have a
            contractual relationship for furnishing such item or service
            under the plan after receiving payment from the plan for such
            item or service and any applicable cost sharing payment from
            such participant or beneficiary; and
                ``(C) the requirements applied under section 9816; and
            ``(2) information on contacting appropriate State and Federal
        agencies in the case that an individual believes that such a
        provider or facility has violated any requirement described in
        paragraph (1) with respect to such individual.''.
        (d) Clerical Amendments.--
            (1) ERISA.--The table of contents in section 1 of the Employee
        Retirement Income Security Act of 1974 (29 U.S.C. 1001 et seq.), as
        amended by the previous provisions of this title, is further
        amended by inserting after the item relating to section 719 the
        following new item:

    ``720. Protecting patients and improving the accuracy of provider
              directory information.''.

            (2) IRC.--The table of sections for subchapter B of chapter 100
        of the Internal Revenue Code of 1986, as amended by the previous
        provisions of this title, is further amended by inserting after the
        item relating to section 9819 the following new item:

    ``9820. Protecting patients and improving the accuracy of provider
              directory information.''.

        (e) Provider Requirements.--Part E of title XXVII of the Public
    Health Service Act (42 U.S.C. 300gg et seq.), as added by section 104
    and as further amended by the previous provisions of this title, is
    further amended by adding at the end the following:
    ``SEC. 2799B-9. PROVIDER REQUIREMENTS TO PROTECT PATIENTS AND IMPROVE
    THE ACCURACY OF PROVIDER DIRECTORY INFORMATION.
        ``(a) Provider Business Processes.--Beginning not later than
    January 1, 2022, each health care provider and each health care
    facility shall have in place business processes to ensure the timely
    provision of provider directory information to a group health plan or a
    health insurance issuer offering group or individual health insurance
    coverage to support compliance by such plans or issuers with section
    2799A-5(a)(1), section 720(a)(1) of the Employee Retirement Income
    Security Act of 1974, or section 9820(a)(1) of the Internal Revenue
    Code of 1986, as applicable. Such providers shall submit provider
    directory information to a plan or issuers, at a minimum--
            ``(1) when the provider or facility begins a network agreement
        with a plan or with an issuer with respect to certain coverage;
            ``(2) when the provider or facility terminates a network
        agreement with a plan or with an issuer with respect to certain
        coverage;
            ``(3) when there are material changes to the content of
        provider directory information of the provider or facility
        described in section 2799A-5(a)(1), section 720(a)(1) of the
        Employee Retirement Income Security Act of 1974, or section
        9820(a)(1) of the Internal Revenue Code of 1986, as applicable; and
            ``(4) at any other time (including upon the request of such
        issuer or plan) determined appropriate by the provider, facility,
        or the Secretary.
        ``(b) Refunds to Enrollees.--If a health care provider submits a
    bill to an enrollee based on cost-sharing for treatment or services
    provided by the health care provider that is in excess of the normal
    cost-sharing applied for such treatment or services provided in-
    network, as prohibited under section 2799A-5(b), section 720(b) of the
    Employee Retirement Income Security Act of 1974, or section 9820(b) of
    the Internal Revenue Code of 1986, as applicable, and the enrollee pays
    such bill, the provider shall reimburse the enrollee for the full
    amount paid by the enrollee in excess of the in-network cost-sharing
    amount for the treatment or services involved, plus interest, at an
    interest rate determined by the Secretary.
        ``(c) Limitation.--Nothing in this section shall prohibit a
    provider from requiring in the terms of a contract, or contract
    termination, with a group health plan or health insurance issuer--
            ``(1) that the plan or issuer remove, at the time of
        termination of such contract, the provider from a directory of the
        plan or issuer described in section 2799A-5(a), section 720(a) of
        the Employee Retirement Income Security Act of 1974, or section
        9820(a) of the Internal Revenue Code of 1986, as applicable; or
            ``(2) that the plan or issuer bear financial responsibility,
        including under section 2799A-5(b), section 720(b) of the Employee
        Retirement Income Security Act of 1974, or section 9820(b) of the
        Internal Revenue Code of 1986, as applicable, for providing
        inaccurate network status information to an enrollee.
        ``(d) Definition.--For purposes of this section, the term `provider
    directory information' includes the names, addresses, specialty,
    telephone numbers, and digital contact information of individual health
    care providers, and the names, addresses, telephone numbers, and
    digital contact information of each medical group, clinic, or facility
    contracted to participate in any of the networks of the group health
    plan or health insurance coverage involved.
        ``(e) Rule of Construction.--Nothing in this section shall be
    construed to preempt any provision of State law relating to health care
    provider directories.''.
        SEC. 117. ADVISORY COMMITTEE ON GROUND AMBULANCE AND PATIENT
          BILLING.
        (a) In General.--Not later than 90 days after the date of enactment
    of this Act, the Secretary of Labor, Secretary of Health and Human
    Services, and the Secretary of the Treasury (the Secretaries) shall
    jointly establish an advisory committee for the purpose of reviewing
    options to improve the disclosure of charges and fees for ground
    ambulance services, better inform consumers of insurance options for
    such services, and protect consumers from balance billing.
        (b) Composition of the Advisory Committee.--The advisory committee
    shall be composed of the following members:
            (1) The Secretary of Labor, or the Secretary's designee.
            (2) The Secretary of Health and Human Services, or the
        Secretary's designee.
            (3) The Secretary of the Treasury, or the Secretary's designee.
            (4) One representative, to be appointed jointly by the
        Secretaries, for each of the following:
                (A) Each relevant Federal agency, as determined by the
            Secretaries.
                (B) State insurance regulators.
                (C) Health insurance providers.
                (D) Patient advocacy groups.
                (E) Consumer advocacy groups.
                (F) State and local governments.
                (G) Physician specializing in emergency, trauma, cardiac,
            or stroke.
                (H) State Emergency Medical Services Officials.
                (I) Emergency medical technicians, paramedics, and other
            emergency medical services personnel.
            (5) Three representatives, to be appointed jointly by the
        Secretaries, to represent the various segments of the ground
        ambulance industry.
            (6) Up to an additional 2 representatives otherwise not
        described in paragraphs (1) through (5), as determined necessary
        and appropriate by the Secretaries.
        (c) Consultation.--The advisory committee shall, as appropriate,
    consult with relevant experts and stakeholders, including those not
    otherwise included under subsection (b), while conducting the review
    described in subsection (a).
        (d) Recommendations.--The advisory committee shall make
    recommendations with respect to disclosure of charges and fees for
    ground ambulance services and insurance coverage, consumer protection
    and enforcement authorities of the Departments of Labor, Health and
    Human Services, and the Treasury and State authorities, and the
    prevention of balance billing to consumers. The recommendations shall
    address, at a minimum--
            (1) options, best practices, and identified standards to
        prevent instances of balance billing;
            (2) steps that can be taken by State legislatures, State
        insurance regulators, State attorneys general, and other State
        officials as appropriate, consistent with current legal authorities
        regarding consumer protection; and
            (3) legislative options for Congress to prevent balance
        billing.
        (e) Report.--Not later than 180 days after the date of the first
    meeting of the advisory committee, the advisory committee shall submit
    to the Secretaries, and the Committees on Education and Labor, Energy
    and Commerce, and Ways and Means of the House of Representatives and
    the Committees on Finance and Health, Education, Labor, and Pensions a
    report containing the recommendations made under subsection (d).
        SEC. 118. IMPLEMENTATION FUNDING.
        (a) In General.--For the purposes described in subsection (b),
    there are appropriated, out of amounts in the Treasury not otherwise
    appropriated, to the Secretary of Health and Human Services, the
    Secretary of Labor, and the Secretary of the Treasury, $500,000,000 for
    fiscal year 2021, to remain available until expended through 2024.
        (b) Permitted Purposes.--The purposes described in this subsection
    are limited to the following purposes, insofar as such purposes are to
    carry out the provisions of, including the amendments made by, this
    title and title II:
            (1) Preparing, drafting, and issuing proposed and final
        regulations or interim regulations.
            (2) Preparing, drafting, and issuing guidance and public
        information.
            (3) Preparing and holding public meetings.
            (4) Preparing, drafting, and publishing reports.
            (5) Enforcement of such provisions.
            (6) Reporting, collection, and analysis of data.
            (7) Establishment and initial implementation of the processes
        for independent dispute resolution and implementation of patient-
        provider dispute resolution under such provisions.
            (8) Conducting audits.
            (9) Other administrative duties necessary for implementation of
        such provisions.
        (c) Transparency of Implementation Funds.--Each Secretary described
    in subsection (a) shall annually submit to the Committees on Energy and
    Commerce, on Ways and Means, on Education and Labor, and on
    Appropriations of the House of Representatives and on the Committees on
    Health, Education, Labor, and Pensions and on Appropriations of the
    Senate a report on funds expended pursuant to funds appropriated under
    this section.

                             TITLE II--TRANSPARENCY

        SEC. 201. INCREASING TRANSPARENCY BY REMOVING GAG CLAUSES ON PRICE
          AND QUALITY INFORMATION.
        (a) PHSA.--Part D of title XXVII of the Public Health Service Act
    (42 U.S.C. 300gg et seq.), as added and amended by title I, is further
    amended by adding at the end the following:
    ``SEC. 2799A-9. INCREASING TRANSPARENCY BY REMOVING GAG CLAUSES ON
    PRICE AND QUALITY INFORMATION.
        ``(a) Increasing Price and Quality Transparency for Plan Sponsors
    and Group and Individual Market Consumers.--
            ``(1) Group health plans.--A group health plan or health
        insurance issuer offering group health insurance coverage may not
        enter into an agreement with a health care provider, network or
        association of providers, third-party administrator, or other
        service provider offering access to a network of providers that
        would directly or indirectly restrict a group health plan or health
        insurance issuer offering such coverage from--
                ``(A) providing provider-specific cost or quality of care
            information or data, through a consumer engagement tool or any
            other means, to referring providers, the plan sponsor,
            enrollees, or individuals eligible to become enrollees of the
            plan or coverage;
                ``(B) electronically accessing de-identified claims and
            encounter information or data for each enrollee in the plan or
            coverage, upon request and consistent with the privacy
            regulations promulgated pursuant to section 264(c) of the
            Health Insurance Portability and Accountability Act of 1996,
            the amendments made by the Genetic Information
            Nondiscrimination Act of 2008, and the Americans with
            Disabilities Act of 1990, including, on a per claim basis--
                    ``(i) financial information, such as the allowed
                amount, or any other claim-related financial obligations
                included in the provider contract;
                    ``(ii) provider information, including name and
                clinical designation;
                    ``(iii) service codes; or
                    ``(iv) any other data element included in claim or
                encounter transactions; or
                ``(C) sharing information or data described in subparagraph
            (A) or (B), or directing that such data be shared, with a
            business associate as defined in section 160.103 of title 45,
            Code of Federal Regulations (or successor regulations),
            consistent with the privacy regulations promulgated pursuant to
            section 264(c) of the Health Insurance Portability and
            Accountability Act of 1996, the amendments made by the Genetic
            Information Nondiscrimination Act of 2008, and the Americans
            with Disabilities Act of 1990.
            ``(2) Individual health insurance coverage.--A health insurance
        issuer offering individual health insurance coverage may not enter
        into an agreement with a health care provider, network or
        association of providers, or other service provider offering access
        to a network of providers that would directly or indirectly
        restrict the health insurance issuer from--
                ``(A) providing provider-specific price or quality of care
            information, through a consumer engagement tool or any other
            means, to referring providers, enrollees, or individuals
            eligible to become enrollees of the plan or coverage; or
                ``(B) sharing, for plan design, plan administration, and
            plan, financial, legal, and quality improvement activities,
            data described in subparagraph (A) with a business associate as
            defined in section 160.103 of title 45, Code of Federal
            Regulations (or successor regulations), consistent with the
            privacy regulations promulgated pursuant to section 264(c) of
            the Health Insurance Portability and Accountability Act of
            1996, the amendments made by the Genetic Information
            Nondiscrimination Act of 2008, and the Americans with
            Disabilities Act of 1990.
            ``(3) Clarification regarding public disclosure of
        information.--Nothing in paragraph (1)(A) or (2)(A) prevents a
        health care provider, network or association of providers, or other
        service provider from placing reasonable restrictions on the public
        disclosure of the information described in such paragraphs (1) and
        (2).
            ``(4) Attestation.--A group health plan or a health insurance
        issuer offering group or individual health insurance coverage shall
        annually submit to the Secretary an attestation that such plan or
        issuer of such coverage is in compliance with the requirements of
        this subsection.
            ``(5) Rules of construction.--Nothing in this section shall be
        construed to modify or eliminate existing privacy protections and
        standards under State and Federal law. Nothing in this subsection
        shall be construed to otherwise limit access by a group health
        plan, plan sponsor, or health insurance issuer to data as permitted
        under the privacy regulations promulgated pursuant to section
        264(c) of the Health Insurance Portability and Accountability Act
        of 1996, the amendments made by the Genetic Information
        Nondiscrimination Act of 2008, and the Americans with Disabilities
        Act of 1990.''.
        (b) ERISA.--Subpart B of part 7 of subtitle B of title I of the
    Employee Retirement Income Security Act of 1974 (29 U.S.C. 1185 et
    seq.), as amended by title I, is further amended by adding at the end
    the following:
        ``SEC. 724. INCREASING TRANSPARENCY BY REMOVING GAG CLAUSES ON
          PRICE AND QUALITY INFORMATION.
        ``(a) Increasing Price and Quality Transparency for Plan Sponsors
    and Consumers.--
            ``(1) In general.--A group health plan (or an issuer of health
        insurance coverage offered in connection with such a plan) may not
        enter into an agreement with a health care provider, network or
        association of providers, third-party administrator, or other
        service provider offering access to a network of providers that
        would directly or indirectly restrict a group health plan or health
        insurance issuer offering such coverage from--
                ``(A) providing provider-specific cost or quality of care
            information or data, through a consumer engagement tool or any
            other means, to referring providers, the plan sponsor,
            participants or beneficiaries, or individuals eligible to
            become participants or beneficiaries of the plan or coverage;
                ``(B) electronically accessing de-identified claims and
            encounter information or data for each participant or
            beneficiary in the plan or coverage, upon request and
            consistent with the privacy regulations promulgated pursuant to
            section 264(c) of the Health Insurance Portability and
            Accountability Act of 1996, the amendments made by the Genetic
            Information Nondiscrimination Act of 2008, and the Americans
            with Disabilities Act of 1990, including, on a per claim
            basis--
                    ``(i) financial information, such as the allowed
                amount, or any other claim-related financial obligations
                included in the provider contract;
                    ``(ii) provider information, including name and
                clinical designation;
                    ``(iii) service codes; or
                    ``(iv) any other data element included in claim or
                encounter transactions; or
                ``(C) sharing information or data described in subparagraph
            (A) or (B), or directing that such data be shared, with a
            business associate as defined in section 160.103 of title 45,
            Code of Federal Regulations (or successor regulations),
            consistent with the privacy regulations promulgated pursuant to
            section 264(c) of the Health Insurance Portability and
            Accountability Act of 1996, the amendments made by the Genetic
            Information Nondiscrimination Act of 2008, and the Americans
            with Disabilities Act of 1990.
            ``(2) Clarification regarding public disclosure of
        information.--Nothing in paragraph (1)(A) prevents a health care
        provider, network or association of providers, or other service
        provider from placing reasonable restrictions on the public
        disclosure of the information described in such paragraph (1).
            ``(3) Attestation.--A group health plan (or health insurance
        coverage offered in connection with such a plan) shall annually
        submit to the Secretary an attestation that such plan or issuer of
        such coverage is in compliance with the requirements of this
        subsection.
            ``(4) Rules of construction.--Nothing in this section shall be
        construed to modify or eliminate existing privacy protections and
        standards under State and Federal law. Nothing in this subsection
        shall be construed to otherwise limit access by a group health
        plan, plan sponsor, or health insurance issuer to data as permitted
        under the privacy regulations promulgated pursuant to section
        264(c) of the Health Insurance Portability and Accountability Act
        of 1996, the amendments made by the Genetic Information
        Nondiscrimination Act of 2008, and the Americans with Disabilities
        Act of 1990.''.
        (c) IRC.--Subchapter B of chapter 100 of the Internal Revenue Code
    of 1986, as amended by title I, is further amended by adding at the end
    the following:
    ``SEC. 9824. INCREASING TRANSPARENCY BY REMOVING GAG CLAUSES ON PRICE
    AND QUALITY INFORMATION.
        ``(a) Increasing Price and Quality Transparency for Plan Sponsors
    and Consumers.--
            ``(1) In general.--A group health plan may not enter into an
        agreement with a health care provider, network or association of
        providers, third-party administrator, or other service provider
        offering access to a network of providers that would directly or
        indirectly restrict a group health plan from--
                ``(A) providing provider-specific cost or quality of care
            information or data, through a consumer engagement tool or any
            other means, to referring providers, the plan sponsor,
            participants or beneficiaries, or individuals eligible to
            become participants or beneficiaries of the plan;
                ``(B) electronically accessing de-identified claims and
            encounter information or data for each participant or
            beneficiary in the plan, upon request and consistent with the
            privacy regulations promulgated pursuant to section 264(c) of
            the Health Insurance Portability and Accountability Act of
            1996, the amendments made by the Genetic Information
            Nondiscrimination Act of 2008, and the Americans with
            Disabilities Act of 1990, including, on a per claim basis--
                    ``(i) financial information, such as the allowed
                amount, or any other claim-related financial obligations
                included in the provider contract;
                    ``(ii) provider information, including name and
                clinical designation;
                    ``(iii) service codes; or
                    ``(iv) any other data element included in claim or
                encounter transactions; or
                ``(C) sharing information or data described in subparagraph
            (A) or (B), or directing that such data be shared, with a
            business associate as defined in section 160.103 of title 45,
            Code of Federal Regulations (or successor regulations),
            consistent with the privacy regulations promulgated pursuant to
            section 264(c) of the Health Insurance Portability and
            Accountability Act of 1996, the amendments made by the Genetic
            Information Nondiscrimination Act of 2008, and the Americans
            with Disabilities Act of 1990.
            ``(2) Clarification regarding public disclosure of
        information.--Nothing in paragraph (1)(A) prevents a health care
        provider, network or association of providers, or other service
        provider from placing reasonable restrictions on the public
        disclosure of the information described in such paragraph (1).
            ``(3) Attestation.--A group health plan shall annually submit
        to the Secretary an attestation that such plan is in compliance
        with the requirements of this subsection.
            ``(4) Rules of construction.--Nothing in this section shall be
        construed to modify or eliminate existing privacy protections and
        standards under State and Federal law. Nothing in this subsection
        shall be construed to otherwise limit access by a group health plan
        or plan sponsor to data as permitted under the privacy regulations
        promulgated pursuant to section 264(c) of the Health Insurance
        Portability and Accountability Act of 1996, the amendments made by
        the Genetic Information Nondiscrimination Act of 2008, and the
        Americans with Disabilities Act of 1990.''.
        (d) Clerical Amendments.--
            (1) ERISA.--The table of contents in section 1 of the Employee
        Retirement Income Security Act of 1974 (29 U.S.C. 1001 et seq.), as
        amended by title I, is further amended by inserting after the item
        relating to section 723 the following new item:

    ``Sec. 724. Increasing transparency by removing gag clauses on price and
              quality information.''.

            (2) IRC.--The table of sections for subchapter B of chapter 100
        of the Internal Revenue Code of 1986, as amended by title I, is
        further amended by adding at the end the following new item:

    ``Sec. 9824. Increasing transparency by removing gag clauses on price
              and quality information.''.
        SEC. 202. DISCLOSURE OF DIRECT AND INDIRECT COMPENSATION FOR
          BROKERS AND CONSULTANTS TO EMPLOYER-SPONSORED HEALTH PLANS AND
          ENROLLEES IN PLANS ON THE INDIVIDUAL MARKET.
        (a) Group Health Plans.--Section 408(b)(2) of the Employee
    Retirement Income Security Act of 1974 (29 U.S.C. 1108(b)(2)) is
    amended--
            (1) by striking ``(2) Contracting or making'' and inserting
        ``(2)(A) Contracting or making''; and
            (2) by adding at the end the following:
            ``(B)(i) No contract or arrangement for services between a
        covered plan and a covered service provider, and no extension or
        renewal of such a contract or arrangement, is reasonable within the
        meaning of this paragraph unless the requirements of this clause
        are met.
            ``(ii)(I) For purposes of this subparagraph:
                ``(aa) The term `covered plan' means a group health plan as
            defined section 733(a).
                ``(bb) The term `covered service provider' means a service
            provider that enters into a contract or arrangement with the
            covered plan and reasonably expects $1,000 (or such amount as
            the Secretary may establish in regulations to account for
            inflation since the date of enactment of the Consolidated
            Appropriations Act, 2021, as appropriate) or more in
            compensation, direct or indirect, to be received in connection
            with providing one or more of the following services, pursuant
            to the contract or arrangement, regardless of whether such
            services will be performed, or such compensation received, by
            the covered service provider, an affiliate, or a subcontractor:
                    ``(AA) Brokerage services, for which the covered
                service provider, an affiliate, or a subcontractor
                reasonably expects to receive indirect compensation or
                direct compensation described in item (dd), provided to a
                covered plan with respect to selection of insurance
                products (including vision and dental), recordkeeping
                services, medical management vendor, benefits
                administration (including vision and dental), stop-loss
                insurance, pharmacy benefit management services, wellness
                services, transparency tools and vendors, group purchasing
                organization preferred vendor panels, disease management
                vendors and products, compliance services, employee
                assistance programs, or third party administration
                services.
                    ``(BB) Consulting, for which the covered service
                provider, an affiliate, or a subcontractor reasonably
                expects to receive indirect compensation or direct
                compensation described in item (dd), related to the
                development or implementation of plan design, insurance or
                insurance product selection (including vision and dental),
                recordkeeping, medical management, benefits administration
                selection (including vision and dental), stop-loss
                insurance, pharmacy benefit management services, wellness
                design and management services, transparency tools, group
                purchasing organization agreements and services,
                participation in and services from preferred vendor panels,
                disease management, compliance services, employee
                assistance programs, or third party administration
                services.
                ``(cc) The term `affiliate', with respect to a covered
            service provider, means an entity that directly or indirectly
            (through one or more intermediaries) controls, is controlled
            by, or is under common control with, such provider, or is an
            officer, director, or employee of, or partner in, such
            provider.
                ``(dd)(AA) The term `compensation' means anything of
            monetary value, but does not include non-monetary compensation
            valued at $250 (or such amount as the Secretary may establish
            in regulations to account for inflation since the date of
            enactment of the Consolidated Appropriations Act, 2021, as
            appropriate) or less, in the aggregate, during the term of the
            contract or arrangement.
                ``(BB) The term `direct compensation' means compensation
            received directly from a covered plan.
                ``(CC) The term `indirect compensation' means compensation
            received from any source other than the covered plan, the plan
            sponsor, the covered service provider, or an affiliate.
            Compensation received from a subcontractor is indirect
            compensation, unless it is received in connection with services
            performed under a contract or arrangement with a subcontractor.
                ``(ee) The term `responsible plan fiduciary' means a
            fiduciary with authority to cause the covered plan to enter
            into, or extend or renew, the contract or arrangement.
                ``(ff) The term `subcontractor' means any person or entity
            (or an affiliate of such person or entity) that is not an
            affiliate of the covered service provider and that, pursuant to
            a contract or arrangement with the covered service provider or
            an affiliate, reasonably expects to receive $1,000 (or such
            amount as the Secretary may establish in regulations to account
            for inflation since the date of enactment of the Consolidated
            Appropriations Act, 2021, as appropriate) or more in
            compensation for performing one or more services described in
            item (bb) under a contract or arrangement with the covered
            plan.
            ``(II) For purposes of this subparagraph, a description of
        compensation or cost may be expressed as a monetary amount,
        formula, or a per capita charge for each enrollee or, if the
        compensation or cost cannot reasonably be expressed in such terms,
        by any other reasonable method, including a disclosure that
        additional compensation may be earned but may not be calculated at
        the time of contract if such a disclosure includes a description of
        the circumstances under which the additional compensation may be
        earned and a reasonable and good faith estimate if the covered
        service provider cannot otherwise readily describe compensation or
        cost and explains the methodology and assumptions used to prepare
        such estimate. Any such description shall contain sufficient
        information to permit evaluation of the reasonableness of the
        compensation or cost.
            ``(III) No person or entity is a `covered service provider'
        within the meaning of subclause (I)(bb) solely on the basis of
        providing services as an affiliate or a subcontractor that is
        performing one or more of the services described in subitem (AA) or
        (BB) of such subclause under the contract or arrangement with the
        covered plan.
            ``(iii) A covered service provider shall disclose to a
        responsible plan fiduciary, in writing, the following:
                ``(I) A description of the services to be provided to the
            covered plan pursuant to the contract or arrangement.
                ``(II) If applicable, a statement that the covered service
            provider, an affiliate, or a subcontractor will provide, or
            reasonably expects to provide, services pursuant to the
            contract or arrangement directly to the covered plan as a
            fiduciary (within the meaning of section 3(21)).
                ``(III) A description of all direct compensation, either in
            the aggregate or by service, that the covered service provider,
            an affiliate, or a subcontractor reasonably expects to receive
            in connection with the services described in subclause (I).
                ``(IV)(aa) A description of all indirect compensation that
            the covered service provider, an affiliate, or a subcontractor
            reasonably expects to receive in connection with the services
            described in subclause (I)--
                    ``(AA) including compensation from a vendor to a
                brokerage firm based on a structure of incentives not
                solely related to the contract with the covered plan; and
                    ``(BB) not including compensation received by an
                employee from an employer on account of work performed by
                the employee.
                ``(bb) A description of the arrangement between the payer
            and the covered service provider, an affiliate, or a
            subcontractor, as applicable, pursuant to which such indirect
            compensation is paid.
                ``(cc) Identification of the services for which the
            indirect compensation will be received, if applicable.
                ``(dd) Identification of the payer of the indirect
            compensation.
                ``(V) A description of any compensation that will be paid
            among the covered service provider, an affiliate, or a
            subcontractor, in connection with the services described in
            subclause (I) if such compensation is set on a transaction
            basis (such as commissions, finder's fees, or other similar
            incentive compensation based on business placed or retained),
            including identification of the services for which such
            compensation will be paid and identification of the payers and
            recipients of such compensation (including the status of a
            payer or recipient as an affiliate or a subcontractor),
            regardless of whether such compensation also is disclosed
            pursuant to subclause (III) or (IV).
                ``(VI) A description of any compensation that the covered
            service provider, an affiliate, or a subcontractor reasonably
            expects to receive in connection with termination of the
            contract or arrangement, and how any prepaid amounts will be
            calculated and refunded upon such termination.
            ``(iv) A covered service provider shall disclose to a
        responsible plan fiduciary, in writing a description of the manner
        in which the compensation described in clause (iii), as applicable,
        will be received.
            ``(v)(I) A covered service provider shall disclose the
        information required under clauses (iii) and (iv) to the
        responsible plan fiduciary not later than the date that is
        reasonably in advance of the date on which the contract or
        arrangement is entered into, and extended or renewed.
            ``(II) A covered service provider shall disclose any change to
        the information required under clause (iii) and (iv) as soon as
        practicable, but not later than 60 days from the date on which the
        covered service provider is informed of such change, unless such
        disclosure is precluded due to extraordinary circumstances beyond
        the covered service provider's control, in which case the
        information shall be disclosed as soon as practicable.
            ``(vi)(I) Upon the written request of the responsible plan
        fiduciary or covered plan administrator, a covered service provider
        shall furnish any other information relating to the compensation
        received in connection with the contract or arrangement that is
        required for the covered plan to comply with the reporting and
        disclosure requirements under this Act.
            ``(II) The covered service provider shall disclose the
        information required under clause (iii)(I) reasonably in advance of
        the date upon which such responsible plan fiduciary or covered plan
        administrator states that it is required to comply with the
        applicable reporting or disclosure requirement, unless such
        disclosure is precluded due to extraordinary circumstances beyond
        the covered service provider's control, in which case the
        information shall be disclosed as soon as practicable.
            ``(vii) No contract or arrangement will fail to be reasonable
        under this subparagraph solely because the covered service
        provider, acting in good faith and with reasonable diligence, makes
        an error or omission in disclosing the information required
        pursuant to clause (iii) (or a change to such information disclosed
        pursuant to clause (v)(II)) or clause (vi), provided that the
        covered service provider discloses the correct information to the
        responsible plan fiduciary as soon as practicable, but not later
        than 30 days from the date on which the covered service provider
        knows of such error or omission.
            ``(viii)(I) Pursuant to subsection (a), subparagraphs (C) and
        (D) of section 406(a)(1) shall not apply to a responsible plan
        fiduciary, notwithstanding any failure by a covered service
        provider to disclose information required under clause (iii), if
        the following conditions are met:
                ``(aa) The responsible plan fiduciary did not know that the
            covered service provider failed or would fail to make required
            disclosures and reasonably believed that the covered service
            provider disclosed the information required to be disclosed.
                ``(bb) The responsible plan fiduciary, upon discovering
            that the covered service provider failed to disclose the
            required information, requests in writing that the covered
            service provider furnish such information.
                ``(cc) If the covered service provider fails to comply with
            a written request described in subclause (II) within 90 days of
            the request, the responsible plan fiduciary notifies the
            Secretary of the covered service provider's failure, in
            accordance with subclauses (II) and (III).
            ``(II) A notice described in subclause (I)(cc) shall contain--
                ``(aa) the name of the covered plan;
                ``(bb) the plan number used for the annual report on the
            covered plan;
                ``(cc) the plan sponsor's name, address, and employer
            identification number;
                ``(dd) the name, address, and telephone number of the
            responsible plan fiduciary;
                ``(ee) the name, address, phone number, and, if known,
            employer identification number of the covered service provider;
                ``(ff) a description of the services provided to the
            covered plan;
                ``(gg) a description of the information that the covered
            service provider failed to disclose;
                ``(hh) the date on which such information was requested in
            writing from the covered service provider; and
                ``(ii) a statement as to whether the covered service
            provider continues to provide services to the plan.
            ``(III) A notice described in subclause (I)(cc) shall be filed
        with the Department not later than 30 days following the earlier
        of--
                ``(aa) The covered service provider's refusal to furnish
            the information requested by the written request described in
            subclause (I)(bb); or
                ``(bb) 90 days after the written request referred to in
            subclause (I)(cc) is made.
            ``(IV) If the covered service provider fails to comply with the
        written request under subclause (I)(bb) within 90 days of such
        request, the responsible plan fiduciary shall determine whether to
        terminate or continue the contract or arrangement under section
        404. If the requested information relates to future services and is
        not disclosed promptly after the end of the 90-day period, the
        responsible plan fiduciary shall terminate the contract or
        arrangement as expeditiously as possible, consistent with such duty
        of prudence.
            ``(ix) Nothing in this subparagraph shall be construed to
        supersede any provision of State law that governs disclosures by
        parties that provide the services described in this section, except
        to the extent that such law prevents the application of a
        requirement of this section.''.
        (b) Applicability of Existing Regulations.--Nothing in the
    amendments made by subsection (a) shall be construed to affect the
    applicability of section 2550.408b-2 of title 29, Code of Federal
    Regulations (or any successor regulations), with respect to any
    applicable entity other than a covered plan or a covered service
    provider (as defined in section 408(b)(2)(B)(ii) of the Employee
    Retirement Income Security Act of 1974, as amended by subsection (a)).
        (c) Individual Market Coverage.--Subpart 1 of part B of title XXVII
    of the Public Health Service Act (42 U.S.C. 300gg-41 et seq.) is
    amended by adding at the end the following:
    ``SEC. 2746. DISCLOSURE TO ENROLLEES OF INDIVIDUAL MARKET COVERAGE.
        ``(a) In General.--A health insurance issuer offering individual
    health insurance coverage or a health insurance issuer offering short-
    term limited duration insurance coverage shall make disclosures to
    enrollees in such coverage, as described in subsection (b), and reports
    to the Secretary, as described in subsection (c), regarding direct or
    indirect compensation provided by the issuer to an agent or broker
    associated with enrolling individuals in such coverage.
        ``(b) Disclosure.--A health insurance issuer described in
    subsection (a) shall disclose to an enrollee the amount of direct or
    indirect compensation provided to an agent or broker for services
    provided by such agent or broker associated with plan selection and
    enrollment. Such disclosure shall be--
            ``(1) made prior to the individual finalizing plan selection;
        and
            ``(2) included on any documentation confirming the individual's
        enrollment.
        ``(c) Reporting.--A health insurance issuer described in subsection
    (a) shall annually report to the Secretary, prior to the beginning of
    open enrollment, any direct or indirect compensation provided to an
    agent or broker associated with enrolling individuals in such coverage.
        ``(d) Rulemaking.--Not later than 1 year after the date of
    enactment of the Consolidated Appropriations Act, 2021, the Secretary
    shall finalize, through notice-and-comment rulemaking, the timing,
    form, and manner in which issuers described in subsection (a) are
    required to make the disclosures described in subsection (b) and the
    reports described in subsection (c). Such rulemaking may also include
    adjustments to notice requirements to reflect the different processes
    for plan renewals, in order to provide enrollees with full, timely
    information.''.
        (d) Transition Rule.--No contract executed prior to the effective
    date described in subsection (e) by a group health plan subject to the
    requirements of section 408(b)(2)(B) of the Employee Retirement Income
    Security Act of 1974 (as amended by subsection (a)) or by a health
    insurance issuer subject to the requirements of section 2746 of the
    Public Health Service Act (as added by subsection (c)) shall be subject
    to the requirements of such section 408(b)(2)(B) or such section 2746,
    as applicable.
        (e) Application.--The amendments made by subsections (a) and (c)
    shall apply beginning 1 year after the date of enactment of this Act.
        SEC. 203. STRENGTHENING PARITY IN MENTAL HEALTH AND SUBSTANCE USE
          DISORDER BENEFITS.
        (a) In General.--
            (1) PHSA.--Section 2726(a) of the Public Health Service Act (42
        U.S.C. 300gg-26(a)) is amended by adding at the end the following:
            ``(8) Compliance requirements.--
                ``(A) Nonquantitative treatment limitation (nqtl)
            requirements.--In the case of a group health plan or a health
            insurance issuer offering group or individual health insurance
            coverage that provides both medical and surgical benefits and
            mental health or substance use disorder benefits and that
            imposes nonquantitative treatment limitations (referred to in
            this section as `NQTLs') on mental health or substance use
            disorder benefits, such plan or issuer shall perform and
            document comparative analyses of the design and application of
            NQTLs and, beginning 45 days after the date of enactment of the
            Consolidated Appropriations Act, 2021, make available to the
            applicable State authority (or, as applicable, to the Secretary
            of Labor or the Secretary of Health and Human Services), upon
            request, the comparative analyses and the following
            information:
                    ``(i) The specific plan or coverage terms or other
                relevant terms regarding the NQTLs and a description of all
                mental health or substance use disorder and medical or
                surgical benefits to which each such term applies in each
                respective benefits classification.
                    ``(ii) The factors used to determine that the NQTLs
                will apply to mental health or substance use disorder
                benefits and medical or surgical benefits.
                    ``(iii) The evidentiary standards used for the factors
                identified in clause (ii), when applicable, provided that
                every factor shall be defined, and any other source or
                evidence relied upon to design and apply the NQTLs to
                mental health or substance use disorder benefits and
                medical or surgical benefits.
                    ``(iv) The comparative analyses demonstrating that the
                processes, strategies, evidentiary standards, and other
                factors used to apply the NQTLs to mental health or
                substance use disorder benefits, as written and in
                operation, are comparable to, and are applied no more
                stringently than, the processes, strategies, evidentiary
                standards, and other factors used to apply the NQTLs to
                medical or surgical benefits in the benefits
                classification.
                    ``(v) The specific findings and conclusions reached by
                the group health plan or health insurance issuer with
                respect to the health insurance coverage, including any
                results of the analyses described in this subparagraph that
                indicate that the plan or coverage is or is not in
                compliance with this section.
                ``(B) Secretary request process.--
                    ``(i) Submission upon request.--The Secretary shall
                request that a group health plan or a health insurance
                issuer offering group or individual health insurance
                coverage submit the comparative analyses described in
                subparagraph (A) for plans that involve potential
                violations of this section or complaints regarding
                noncompliance with this section that concern NQTLs and any
                other instances in which the Secretary determines
                appropriate. The Secretary shall request not fewer than 20
                such analyses per year.
                    ``(ii) Additional information.--In instances in which
                the Secretary has concluded that the group health plan or
                health insurance issuer with respect to health insurance
                coverage has not submitted sufficient information for the
                Secretary to review the comparative analyses described in
                subparagraph (A), as requested under clause (i), the
                Secretary shall specify to the plan or issuer the
                information the plan or issuer must submit to be responsive
                to the request under clause (i) for the Secretary to review
                the comparative analyses described in subparagraph (A) for
                compliance with this section. Nothing in this paragraph
                shall require the Secretary to conclude that a group health
                plan or health insurance issuer is in compliance with this
                section solely based upon the inspection of the comparative
                analyses described in subparagraph (A), as requested under
                clause (i).
                    ``(iii) Required action.--

                        ``(I) In general.--In instances in which the
                    Secretary has reviewed the comparative analyses
                    described in subparagraph (A), as requested under
                    clause (i), and determined that the group health plan
                    or health insurance issuer is not in compliance with
                    this section, the plan or issuer--

                            ``(aa) shall specify to the Secretary the
                        actions the plan or issuer will take to be in
                        compliance with this section and provide to the
                        Secretary additional comparative analyses described
                        in subparagraph (A) that demonstrate compliance
                        with this section not later than 45 days after the
                        initial determination by the Secretary that the
                        plan or issuer is not in compliance; and
                            ``(bb) following the 45-day corrective action
                        period under item (aa), if the Secretary makes a
                        final determination that the plan or issuer still
                        is not in compliance with this section, not later
                        than 7 days after such determination, shall notify
                        all individuals enrolled in the plan or applicable
                        health insurance coverage offered by the issuer
                        that the plan or issuer, with respect to such
                        coverage, has been determined to be not in
                        compliance with this section.

                        ``(II) Exemption from disclosure.--Documents or
                    communications produced in connection with the
                    Secretary's recommendations to a group health plan or
                    health insurance issuer shall not be subject to
                    disclosure pursuant to section 552 of title 5, United
                    States Code.

                    ``(iv) Report.--Not later than 1 year after the date of
                enactment of this paragraph, and not later than October 1
                of each year thereafter, the Secretary shall submit to
                Congress, and make publicly available, a report that
                contains--

                        ``(I) a summary of the comparative analyses
                    requested under clause (i), including the identity of
                    each group health plan or health insurance issuer, with
                    respect to particular health insurance coverage that is
                    determined to be not in compliance after the final
                    determination by the Secretary described in clause
                    (iii)(I)(bb);
                        ``(II) the Secretary's conclusions as to whether
                    each group health plan or health insurance issuer
                    submitted sufficient information for the Secretary to
                    review the comparative analyses requested under clause
                    (i) for compliance with this section;
                        ``(III) for each group health plan or health
                    insurance issuer that did submit sufficient information
                    for the Secretary to review the comparative analyses
                    requested under clause (i), the Secretary's conclusions
                    as to whether and why the plan or issuer is in
                    compliance with the requirements under this section;
                        ``(IV) the Secretary's specifications described in
                    clause (ii) for each group health plan or health
                    insurance issuer that the Secretary determined did not
                    submit sufficient information for the Secretary to
                    review the comparative analyses requested under clause
                    (i) for compliance with this section; and
                        ``(V) the Secretary's specifications described in
                    clause (iii) of the actions each group health plan or
                    health insurance issuer that the Secretary determined
                    is not in compliance with this section must take to be
                    in compliance with this section, including the reason
                    why the Secretary determined the plan or issuer is not
                    in compliance.

                ``(C) Compliance program guidance document update
            process.--
                    ``(i) In general.--The Secretary shall include
                instances of noncompliance that the Secretary discovers
                upon reviewing the comparative analyses requested under
                subparagraph (B)(i) in the compliance program guidance
                document described in paragraph (6), as it is updated every
                2 years, except that such instances shall not disclose any
                protected health information or individually identifiable
                information.
                    ``(ii) Guidance and regulations.--Not later than 18
                months after the date of enactment of this paragraph, the
                Secretary shall finalize any draft or interim guidance and
                regulations relating to mental health parity under this
                section. Such draft guidance shall include guidance to
                clarify the process and timeline for current and potential
                participants and beneficiaries (and authorized
                representatives and health care providers of such
                participants and beneficiaries) with respect to plans to
                file complaints of such plans or issuers being in violation
                of this section, including guidance, by plan type, on the
                relevant State, regional, or national office with which
                such complaints should be filed.
                    ``(iii) State.--The Secretary shall share information
                on findings of compliance and noncompliance discovered upon
                reviewing the comparative analyses requested under
                subparagraph (B)(i) shall be shared with the State where
                the group health plan is located or the State where the
                health insurance issuer is licensed to do business for
                coverage offered by a health insurance issuer in the group
                market, in accordance with paragraph (6)(B)(iii)(II).''.
            (2) ERISA.--Section 712(a) of the Employee Retirement Income
        Security Act of 1974 (29 U.S.C. 1185a(a)) is amended by adding at
        the end the following:
            ``(6) Compliance program guidance document.--
                ``(A) In general.--The Secretary, the Secretary of Health
            and Human Services, and the Secretary of the Treasury, in
            consultation with the Inspector General of the Department of
            Health and Human Services, the Inspector General of the
            Department of Labor, and the Inspector General of the
            Department of the Treasury, shall issue a compliance program
            guidance document to help improve compliance with this section,
            section 2726 of the Public Health Service Act, and section 9812
            of the Internal Revenue Code of 1986, as applicable. In
            carrying out this paragraph, the Secretaries may take into
            consideration the 2016 publication of the Department of Health
            and Human Services and the Department of Labor, entitled
            `Warning Signs - Plan or Policy Non-Quantitative Treatment
            Limitations (NQTLs) that Require Additional Analysis to
            Determine Mental Health Parity Compliance'.
                ``(B) Examples illustrating compliance and noncompliance.--
                    ``(i) In general.--The compliance program guidance
                document required under this paragraph shall provide
                illustrative, de-identified examples (that do not disclose
                any protected health information or individually
                identifiable information) of previous findings of
                compliance and noncompliance with this section, section
                2726 of the Public Health Service Act, or section 9812 of
                the Internal Revenue Code of 1986, as applicable, based on
                investigations of violations of such sections, including--

                        ``(I) examples illustrating requirements for
                    information disclosures and nonquantitative treatment
                    limitations; and
                        ``(II) descriptions of the violations uncovered
                    during the course of such investigations.

                    ``(ii) Nonquantitative treatment limitations.--To the
                extent that any example described in clause (i) involves a
                finding of compliance or noncompliance with regard to any
                requirement for nonquantitative treatment limitations, the
                example shall provide sufficient detail to fully explain
                such finding, including a full description of the criteria
                involved for approving medical and surgical benefits and
                the criteria involved for approving mental health and
                substance use disorder benefits.
                    ``(iii) Access to additional information regarding
                compliance.--In developing and issuing the compliance
                program guidance document required under this paragraph,
                the Secretaries specified in subparagraph (A)--

                        ``(I) shall enter into interagency agreements with
                    the Inspector General of the Department of Health and
                    Human Services, the Inspector General of the Department
                    of Labor, and the Inspector General of the Department
                    of the Treasury to share findings of compliance and
                    noncompliance with this section, section 2726 of the
                    Public Health Service Act, or section 9812 of the
                    Internal Revenue Code of 1986, as applicable; and
                        ``(II) shall seek to enter into an agreement with a
                    State to share information on findings of compliance
                    and noncompliance with this section, section 2726 of
                    the Public Health Service Act, or section 9812 of the
                    Internal Revenue Code of 1986, as applicable.

                ``(C) Recommendations.--The compliance program guidance
            document shall include recommendations to advance compliance
            with this section, section 2726 of the Public Health Service
            Act, or section 9812 of the Internal Revenue Code of 1986, as
            applicable, and encourage the development and use of internal
            controls to monitor adherence to applicable statutes,
            regulations, and program requirements. Such internal controls
            may include illustrative examples of nonquantitative treatment
            limitations on mental health and substance use disorder
            benefits, which may fail to comply with this section, section
            2726 of the Public Health Service Act, or section 9812 of the
            Internal Revenue Code of 1986, as applicable, in relation to
            nonquantitative treatment limitations on medical and surgical
            benefits.
                ``(D) Updating the compliance program guidance document.--
            The Secretary, the Secretary of Health and Human Services, and
            the Secretary of the Treasury, in consultation with the
            Inspector General of the Department of Health and Human
            Services, the Inspector General of the Department of Labor, and
            the Inspector General of the Department of the Treasury, shall
            update the compliance program guidance document every 2 years
            to include illustrative, de-identified examples (that do not
            disclose any protected health information or individually
            identifiable information) of previous findings of compliance
            and noncompliance with this section, section 2726 of the Public
            Health Service Act, or section 9812 of the Internal Revenue
            Code of 1986, as applicable.
            ``(7) Additional guidance.--
                ``(A) In general.--The Secretary, the Secretary of Health
            and Human Services, and the Secretary of the Treasury shall
            issue guidance to group health plans and health insurance
            issuers offering group health insurance coverage to assist such
            plans and issuers in satisfying the requirements of this
            section, section 2726 of the Public Health Service Act, or
            section 9812 of the Internal Revenue Code of 1986, as
            applicable.
                ``(B) Disclosure.--
                    ``(i) Guidance for plans and issuers.--The guidance
                issued under this paragraph shall include clarifying
                information and illustrative examples of methods that group
                health plans and health insurance issuers offering group or
                individual health insurance coverage may use for disclosing
                information to ensure compliance with the requirements
                under this section, section 2726 of the Public Health
                Service Act, or section 9812 of the Internal Revenue Code
                of 1986, as applicable, (and any regulations promulgated
                pursuant to such sections, as applicable).
                    ``(ii) Documents for participants, beneficiaries,
                contracting providers, or authorized representatives.--The
                guidance issued under this paragraph shall include
                clarifying information and illustrative examples of methods
                that group health plans and health insurance issuers
                offering group health insurance coverage may use to provide
                any participant, beneficiary, contracting provider, or
                authorized representative, as applicable, with documents
                containing information that the health plans or issuers are
                required to disclose to participants, beneficiaries,
                contracting providers, or authorized representatives to
                ensure compliance with this section, section 2726 of the
                Public Health Service Act, or section 9812 of the Internal
                Revenue Code of 1986, as applicable, compliance with any
                regulation issued pursuant to such respective section, or
                compliance with any other applicable law or regulation.
                Such guidance shall include information that is comparative
                in nature with respect to--

                        ``(I) nonquantitative treatment limitations for
                    both medical and surgical benefits and mental health
                    and substance use disorder benefits;
                        ``(II) the processes, strategies, evidentiary
                    standards, and other factors used to apply the
                    limitations described in subclause (I); and
                        ``(III) the application of the limitations
                    described in subclause (I) to ensure that such
                    limitations are applied in parity with respect to both
                    medical and surgical benefits and mental health and
                    substance use disorder benefits.

                ``(C) Nonquantitative treatment limitations.--The guidance
            issued under this paragraph shall include clarifying
            information and illustrative examples of methods, processes,
            strategies, evidentiary standards, and other factors that group
            health plans and health insurance issuers offering group health
            insurance coverage may use regarding the development and
            application of nonquantitative treatment limitations to ensure
            compliance with this section, section 2726 of the Public Health
            Service Act, or section 9812 of the Internal Revenue Code of
            1986, as applicable, (and any regulations promulgated pursuant
            to such respective section), including--
                    ``(i) examples of methods of determining appropriate
                types of nonquantitative treatment limitations with respect
                to both medical and surgical benefits and mental health and
                substance use disorder benefits, including nonquantitative
                treatment limitations pertaining to--

                        ``(I) medical management standards based on medical
                    necessity or appropriateness, or whether a treatment is
                    experimental or investigative;
                        ``(II) limitations with respect to prescription
                    drug formulary design; and
                        ``(III) use of fail-first or step therapy
                    protocols;

                    ``(ii) examples of methods of determining--

                        ``(I) network admission standards (such as
                    credentialing); and
                        ``(II) factors used in provider reimbursement
                    methodologies (such as service type, geographic market,
                    demand for services, and provider supply, practice
                    size, training, experience, and licensure) as such
                    factors apply to network adequacy;

                    ``(iii) examples of sources of information that may
                serve as evidentiary standards for the purposes of making
                determinations regarding the development and application of
                nonquantitative treatment limitations;
                    ``(iv) examples of specific factors, and the
                evidentiary standards used to evaluate such factors, used
                by such plans or issuers in performing a nonquantitative
                treatment limitation analysis;
                    ``(v) examples of how specific evidentiary standards
                may be used to determine whether treatments are considered
                experimental or investigative;
                    ``(vi) examples of how specific evidentiary standards
                may be applied to each service category or classification
                of benefits;
                    ``(vii) examples of methods of reaching appropriate
                coverage determinations for new mental health or substance
                use disorder treatments, such as evidence-based early
                intervention programs for individuals with a serious mental
                illness and types of medical management techniques;
                    ``(viii) examples of methods of reaching appropriate
                coverage determinations for which there is an indirect
                relationship between the covered mental health or substance
                use disorder benefit and a traditional covered medical and
                surgical benefit, such as residential treatment or
                hospitalizations involving voluntary or involuntary
                commitment; and
                    ``(ix) additional illustrative examples of methods,
                processes, strategies, evidentiary standards, and other
                factors for which the Secretary determines that additional
                guidance is necessary to improve compliance with this
                section, section 2726 of the Public Health Service Act, or
                section 9812 of the Internal Revenue Code of 1986, as
                applicable.
                ``(D) Public comment.--Prior to issuing any final guidance
            under this paragraph, the Secretary shall provide a public
            comment period of not less than 60 days during which any member
            of the public may provide comments on a draft of the guidance.
            ``(8) Compliance requirements.--
                ``(A) Nonquantitative treatment limitation (nqtl)
            requirements.--In the case of a group health plan or a health
            insurance issuer offering group health insurance coverage that
            provides both medical and surgical benefits and mental health
            or substance use disorder benefits and that imposes
            nonquantitative treatment limitations (referred to in this
            section as `NQTLs') on mental health or substance use disorder
            benefits, such plan or issuer shall perform and document
            comparative analyses of the design and application of NQTLs
            and, beginning 45 days after the date of enactment of the
            Consolidated Appropriations Act, 2021, make available to the
            Secretary, upon request, the comparative analyses and the
            following information:
                    ``(i) The specific plan or coverage terms or other
                relevant terms regarding the NQTLs, that applies to such
                plan or coverage, and a description of all mental health or
                substance use disorder and medical or surgical benefits to
                which each such term applies in each respective benefits
                classification.
                    ``(ii) The factors used to determine that the NQTLs
                will apply to mental health or substance use disorder
                benefits and medical or surgical benefits.
                    ``(iii) The evidentiary standards used for the factors
                identified in clause (ii), when applicable, provided that
                every factor shall be defined, and any other source or
                evidence relied upon to design and apply the NQTLs to
                mental health or substance use disorder benefits and
                medical or surgical benefits.
                    ``(iv) The comparative analyses demonstrating that the
                processes, strategies, evidentiary standards, and other
                factors used to apply the NQTLs to mental health or
                substance use disorder benefits, as written and in
                operation, are comparable to, and are applied no more
                stringently than, the processes, strategies, evidentiary
                standards, and other factors used to apply the NQTLs to
                medical or surgical benefits in the benefits
                classification.
                    ``(v) The specific findings and conclusions reached by
                the group health plan or health insurance issuer with
                respect to the health insurance coverage, including any
                results of the analyses described in this subparagraph that
                indicate that the plan or coverage is or is not in
                compliance with this section.
                ``(B) Secretary request process.--
                    ``(i) Submission upon request.--The Secretary shall
                request that a group health plan or a health insurance
                issuer offering group health insurance coverage submit the
                comparative analyses described in subparagraph (A) for
                plans that involve potential violations of this section or
                complaints regarding noncompliance with this section that
                concern NQTLs and any other instances in which the
                Secretary determines appropriate. The Secretary shall
                request not fewer than 20 such analyses per year.
                    ``(ii) Additional information.--In instances in which
                the Secretary has concluded that the group health plan or
                health insurance issuer with respect to group health
                insurance coverage has not submitted sufficient information
                for the Secretary to review the comparative analyses
                described in subparagraph (A), as requested under clause
                (i), the Secretary shall specify to the plan or issuer the
                information the plan or issuer must submit to be responsive
                to the request under clause (i) for the Secretary to review
                the comparative analyses described in subparagraph (A) for
                compliance with this section. Nothing in this paragraph
                shall require the Secretary to conclude that a group health
                plan or health insurance issuer is in compliance with this
                section solely based upon the inspection of the comparative
                analyses described in subparagraph (A), as requested under
                clause (i).
                    ``(iii) Required action.--

                        ``(I) In general.--In instances in which the
                    Secretary has reviewed the comparative analyses
                    described in subparagraph (A), as requested under
                    clause (i), and determined that the group health plan
                    or health insurance issuer is not in compliance with
                    this section, the plan or issuer--

                            ``(aa) shall specify to the Secretary the
                        actions the plan or issuer will take to be in
                        compliance with this section and provide to the
                        Secretary additional comparative analyses described
                        in subparagraph (A) that demonstrate compliance
                        with this section not later than 45 days after the
                        initial determination by the Secretary that the
                        plan or issuer is not in compliance; and
                            ``(bb) following the 45-day corrective action
                        period under item (aa), if the Secretary makes a
                        final determination that the plan or issuer still
                        is not in compliance with this section, not later
                        than 7 days after such determination, shall notify
                        all individuals enrolled in the plan or applicable
                        health insurance coverage offered by the issuer
                        that the plan or issuer, with respect to such
                        coverage, has been determined to be not in
                        compliance with this section.

                        ``(II) Exemption from disclosure.--Documents or
                    communications produced in connection with the
                    Secretary's recommendations to a group health plan or
                    health insurance issuer shall not be subject to
                    disclosure pursuant to section 552 of title 5, United
                    States Code.

                    ``(iv) Report.--Not later than 1 year after the date of
                enactment of this paragraph, and not later than October 1
                of each year thereafter, the Secretary shall submit to
                Congress, and make publicly available, a report that
                contains--

                        ``(I) a summary of the comparative analyses
                    requested under clause (i), including the identity of
                    each group health plan or health insurance issuer, with
                    respect to certain health insurance coverage that is
                    determined to be not in compliance after the final
                    determination by the Secretary described in clause
                    (iii)(I)(bb);
                        ``(II) the Secretary's conclusions as to whether
                    each group health plan or health insurance issuer
                    submitted sufficient information for the Secretary to
                    review the comparative analyses requested under clause
                    (i) for compliance with this section;
                        ``(III) for each group health plan or health
                    insurance issuer that did submit sufficient information
                    for the Secretary to review the comparative analyses
                    requested under clause (i), the Secretary's conclusions
                    as to whether and why the plan or issuer is in
                    compliance with the disclosure requirements under this
                    section;
                        ``(IV) the Secretary's specifications described in
                    clause (ii) for each group health plan or health
                    insurance issuer that the Secretary determined did not
                    submit sufficient information for the Secretary to
                    review the comparative analyses requested under clause
                    (i) for compliance with this section; and
                        ``(V) the Secretary's specifications described in
                    clause (iii) of the actions each group health plan or
                    health insurance issuer that the Secretary determined
                    is not in compliance with this section must take to be
                    in compliance with this section, including the reason
                    why the Secretary determined the plan or issuer is not
                    in compliance.

                ``(C) Compliance program guidance document update
            process.--
                    ``(i) In general.--The Secretary shall include
                instances of noncompliance that the Secretary discovers
                upon reviewing the comparative analyses requested under
                subparagraph (B)(i) in the compliance program guidance
                document described in paragraph (6), as it is updated every
                2 years, except that such instances shall not disclose any
                protected health information or individually identifiable
                information.
                    ``(ii) Guidance and regulations.--Not later than 18
                months after the date of enactment of this paragraph, the
                Secretary shall finalize any draft or interim guidance and
                regulations relating to mental health parity under this
                section. Such draft guidance shall include guidance to
                clarify the process and timeline for current and potential
                participants and beneficiaries (and authorized
                representatives and health care providers of such
                participants and beneficiaries) with respect to plans to
                file complaints of such plans or issuers being in violation
                of this section, including guidance, by plan type, on the
                relevant State, regional, or national office with which
                such complaints should be filed.
                    ``(iii) State.--The Secretary shall share information
                on findings of compliance and noncompliance discovered upon
                reviewing the comparative analyses requested under
                subparagraph (B)(i) shall be shared with the State where
                the group health plan is located or the State where the
                health insurance issuer is licensed to do business for
                coverage offered by a health insurance issuer in the group
                market, in accordance with paragraph (6)(B)(iii)(II).''.
            (3) IRC.--Section 9812(a) of the Internal Revenue Code of 1986
        is amended by adding at the end the following:
            ``(6) Compliance program guidance document.--
                ``(A) In general.--The Secretary, the Secretary of Health
            and Human Services, and the Secretary of Labor, in consultation
            with the Inspector General of the Department of Health and
            Human Services, the Inspector General of the Department of
            Labor, and the Inspector General of the Department of the
            Treasury, shall issue a compliance program guidance document to
            help improve compliance with this section, section 2726 of the
            Public Health Service Act, and section 712 of the Employee
            Retirement Income Security Act of 1974, as applicable. In
            carrying out this paragraph, the Secretaries may take into
            consideration the 2016 publication of the Department of Health
            and Human Services and the Department of Labor, entitled
            `Warning Signs - Plan or Policy Non-Quantitative Treatment
            Limitations (NQTLs) that Require Additional Analysis to
            Determine Mental Health Parity Compliance'.
                ``(B) Examples illustrating compliance and noncompliance.--
                    ``(i) In general.--The compliance program guidance
                document required under this paragraph shall provide
                illustrative, de-identified examples (that do not disclose
                any protected health information or individually
                identifiable information) of previous findings of
                compliance and noncompliance with this section, section
                2726 of the Public Health Service Act, or section 712 of
                the Employee Retirement Income Security Act of 1974, as
                applicable, based on investigations of violations of such
                sections, including--

                        ``(I) examples illustrating requirements for
                    information disclosures and nonquantitative treatment
                    limitations; and
                        ``(II) descriptions of the violations uncovered
                    during the course of such investigations.

                    ``(ii) Nonquantitative treatment limitations.--To the
                extent that any example described in clause (i) involves a
                finding of compliance or noncompliance with regard to any
                requirement for nonquantitative treatment limitations, the
                example shall provide sufficient detail to fully explain
                such finding, including a full description of the criteria
                involved for approving medical and surgical benefits and
                the criteria involved for approving mental health and
                substance use disorder benefits.
                    ``(iii) Access to additional information regarding
                compliance.--In developing and issuing the compliance
                program guidance document required under this paragraph,
                the Secretaries specified in subparagraph (A)--

                        ``(I) shall enter into interagency agreements with
                    the Inspector General of the Department of Health and
                    Human Services, the Inspector General of the Department
                    of Labor, and the Inspector General of the Department
                    of the Treasury to share findings of compliance and
                    noncompliance with this section, section 2726 of the
                    Public Health Service Act, or section 712 of the
                    Employee Retirement Income Security Act of 1974, as
                    applicable; and
                        ``(II) shall seek to enter into an agreement with a
                    State to share information on findings of compliance
                    and noncompliance with this section, section 2726 of
                    the Public Health Service Act, or section 712 of the
                    Employee Retirement Income Security Act of 1974, as
                    applicable.

                ``(C) Recommendations.--The compliance program guidance
            document shall include recommendations to advance compliance
            with this section, section 2726 of the Public Health Service
            Act, or section 712 of the Employee Retirement Income Security
            Act of 1974, as applicable, and encourage the development and
            use of internal controls to monitor adherence to applicable
            statutes, regulations, and program requirements. Such internal
            controls may include illustrative examples of nonquantitative
            treatment limitations on mental health and substance use
            disorder benefits, which may fail to comply with this section,
            section 2726 of the Public Health Service Act, or section 712
            of the Employee Retirement Income Security Act of 1974, as
            applicable, in relation to nonquantitative treatment
            limitations on medical and surgical benefits.
                ``(D) Updating the compliance program guidance document.--
            The Secretary, the Secretary of Health and Human Services, and
            the Secretary of Labor, in consultation with the Inspector
            General of the Department of Health and Human Services, the
            Inspector General of the Department of Labor, and the Inspector
            General of the Department of the Treasury, shall update the
            compliance program guidance document every 2 years to include
            illustrative, de-identified examples (that do not disclose any
            protected health information or individually identifiable
            information) of previous findings of compliance and
            noncompliance with this section, section 2726 of the Public
            Health Service Act, or section 712 of the Employee Retirement
            Income Security Act of 1974, as applicable.
            ``(7) Additional guidance.--
                ``(A) In general.--The Secretary, the Secretary of Health
            and Human Services, and the Secretary of Labor shall issue
            guidance to group health plans to assist such plans in
            satisfying the requirements of this section, section 2726 of
            the Public Health Service Act, or section 712 of the Employee
            Retirement Income Security Act of 1974, as applicable.
                ``(B) Disclosure.--
                    ``(i) Guidance for plans.--The guidance issued under
                this paragraph shall include clarifying information and
                illustrative examples of methods that group health plans
                may use for disclosing information to ensure compliance
                with the requirements under this section, section 2726 of
                the Public Health Service Act, or section 712 of the
                Employee Retirement Income Security Act of 1974, as
                applicable, (and any regulations promulgated pursuant to
                such sections, as applicable).
                    ``(ii) Documents for participants, beneficiaries,
                contracting providers, or authorized representatives.--The
                guidance issued under this paragraph shall include
                clarifying information and illustrative examples of methods
                that group health plans may use to provide any participant,
                beneficiary, contracting provider, or authorized
                representative, as applicable, with documents containing
                information that the health plans are required to disclose
                to participants, beneficiaries, contracting providers, or
                authorized representatives to ensure compliance with this
                section, section 2726 of the Public Health Service Act, or
                section 712 of the Employee Retirement Income Security Act
                of 1974, as applicable, compliance with any regulation
                issued pursuant to such respective section, or compliance
                with any other applicable law or regulation. Such guidance
                shall include information that is comparative in nature
                with respect to--

                        ``(I) nonquantitative treatment limitations for
                    both medical and surgical benefits and mental health
                    and substance use disorder benefits;
                        ``(II) the processes, strategies, evidentiary
                    standards, and other factors used to apply the
                    limitations described in subclause (I); and
                        ``(III) the application of the limitations
                    described in subclause (I) to ensure that such
                    limitations are applied in parity with respect to both
                    medical and surgical benefits and mental health and
                    substance use disorder benefits.

                ``(C) Nonquantitative treatment limitations.--The guidance
            issued under this paragraph shall include clarifying
            information and illustrative examples of methods, processes,
            strategies, evidentiary standards, and other factors that group
            health plans may use regarding the development and application
            of nonquantitative treatment limitations to ensure compliance
            with this section, section 2726 of the Public Health Service
            Act, or section 712 of the Employee Retirement Income Security
            Act of 1974, as applicable, (and any regulations promulgated
            pursuant to such respective section), including--
                    ``(i) examples of methods of determining appropriate
                types of nonquantitative treatment limitations with respect
                to both medical and surgical benefits and mental health and
                substance use disorder benefits, including nonquantitative
                treatment limitations pertaining to--

                        ``(I) medical management standards based on medical
                    necessity or appropriateness, or whether a treatment is
                    experimental or investigative;
                        ``(II) limitations with respect to prescription
                    drug formulary design; and
                        ``(III) use of fail-first or step therapy
                    protocols;

                    ``(ii) examples of methods of determining--

                        ``(I) network admission standards (such as
                    credentialing); and
                        ``(II) factors used in provider reimbursement
                    methodologies (such as service type, geographic market,
                    demand for services, and provider supply, practice
                    size, training, experience, and licensure) as such
                    factors apply to network adequacy;

                    ``(iii) examples of sources of information that may
                serve as evidentiary standards for the purposes of making
                determinations regarding the development and application of
                nonquantitative treatment limitations;
                    ``(iv) examples of specific factors, and the
                evidentiary standards used to evaluate such factors, used
                by such plans in performing a nonquantitative treatment
                limitation analysis;
                    ``(v) examples of how specific evidentiary standards
                may be used to determine whether treatments are considered
                experimental or investigative;
                    ``(vi) examples of how specific evidentiary standards
                may be applied to each service category or classification
                of benefits;
                    ``(vii) examples of methods of reaching appropriate
                coverage determinations for new mental health or substance
                use disorder treatments, such as evidence-based early
                intervention programs for individuals with a serious mental
                illness and types of medical management techniques;
                    ``(viii) examples of methods of reaching appropriate
                coverage determinations for which there is an indirect
                relationship between the covered mental health or substance
                use disorder benefit and a traditional covered medical and
                surgical benefit, such as residential treatment or
                hospitalizations involving voluntary or involuntary
                commitment; and
                    ``(ix) additional illustrative examples of methods,
                processes, strategies, evidentiary standards, and other
                factors for which the Secretary determines that additional
                guidance is necessary to improve compliance with this
                section, section 2726 of the Public Health Service Act, or
                section 712 of the Employee Retirement Income Security Act
                of 1974, as applicable.
                ``(D) Public comment.--Prior to issuing any final guidance
            under this paragraph, the Secretary shall provide a public
            comment period of not less than 60 days during which any member
            of the public may provide comments on a draft of the guidance.
            ``(8) Compliance requirements.--
                ``(A) Nonquantitative treatment limitation (nqtl)
            requirements.--In the case of a group health plan that provides
            both medical and surgical benefits and mental health or
            substance use disorder benefits and that imposes
            nonquantitative treatment limitations (referred to in this
            section as `NQTLs') on mental health or substance use disorder
            benefits, such plan shall perform and document comparative
            analyses of the design and application of NQTLs and, beginning
            45 days after the date of enactment of the Consolidated
            Appropriations Act, 2021, make available to the Secretary, upon
            request, the comparative analyses and the following
            information:
                    ``(i) The specific plan terms or other relevant terms
                regarding the NQTLs and a description of all mental health
                or substance use disorder and medical or surgical benefits
                to which each such term applies in each respective benefits
                classification.
                    ``(ii) The factors used to determine that the NQTLs
                will apply to mental health or substance use disorder
                benefits and medical or surgical benefits.
                    ``(iii) The evidentiary standards used for the factors
                identified in clause (ii), when applicable, provided that
                every factor shall be defined, and any other source or
                evidence relied upon to design and apply the NQTLs to
                mental health or substance use disorder benefits and
                medical or surgical benefits.
                    ``(iv) The comparative analyses demonstrating that the
                processes, strategies, evidentiary standards, and other
                factors used to apply the NQTLs to mental health or
                substance use disorder benefits, as written and in
                operation, are comparable to, and are applied no more
                stringently than, the processes, strategies, evidentiary
                standards, and other factors used to apply the NQTLs to
                medical or surgical benefits in the benefits
                classification.
                    ``(v) A disclosure of the specific findings and
                conclusions reached by the group health plan, including any
                results of the analyses described in this subparagraph that
                indicate that the plan is or is not in compliance with this
                section.
                ``(B) Secretary request process.--
                    ``(i) Submission upon request.--The Secretary shall
                request that a group health plan submit the comparative
                analyses described in subparagraph (A) for plans that
                involve potential violations of this section or complaints
                regarding noncompliance with this section that concern
                NQTLs and any other instances in which the Secretary
                determines appropriate. The Secretary shall request not
                fewer than 20 such analyses per year.
                    ``(ii) Additional information.--In instances in which
                the Secretary has concluded that the group health plan has
                not submitted sufficient information for the Secretary to
                review the comparative analyses described in subparagraph
                (A), as requested under clause (i), the Secretary shall
                specify to the plan the information the plan must submit to
                be responsive to the request under clause (i) for the
                Secretary to review the comparative analyses described in
                subparagraph (A) for compliance with this section. Nothing
                in this paragraph shall require the Secretary to conclude
                that a group health plan is in compliance with this section
                solely based upon the inspection of the comparative
                analyses described in subparagraph (A), as requested under
                clause (i).
                    ``(iii) Required action.--

                        ``(I) In general.--In instances in which the
                    Secretary has reviewed the comparative analyses
                    described in subparagraph (A), as requested under
                    clause (i), and determined that the group health plan
                    is not in compliance with this section, the plan--

                            ``(aa) shall specify to the Secretary the
                        actions the plan will take to be in compliance with
                        this section and provide to the Secretary
                        additional comparative analyses described in
                        subparagraph (A) that demonstrate compliance with
                        this section not later than 45 days after the
                        initial determination by the Secretary that the
                        plan is not in compliance; and
                            ``(bb) following the 45-day corrective action
                        period under item (aa), if the Secretary makes a
                        final determination that the plan still is not in
                        compliance with this section, not later than 7 days
                        after such determination, shall notify all
                        individuals enrolled in the plan that the plan has
                        been determined to be not in compliance with this
                        section.

                        ``(II) Exemption from disclosure.--Documents or
                    communications produced in connection with the
                    Secretary's recommendations to a group health plan
                    shall not be subject to disclosure pursuant to section
                    552 of title 5, United States Code.

                    ``(iv) Report.--Not later than 1 year after the date of
                enactment of this paragraph, and not later than October 1
                of each year thereafter, the Secretary shall submit to
                Congress, and make publicly available, a report that
                contains--

                        ``(I) a summary of the comparative analyses
                    requested under clause (i), including the identity of
                    each group plan that is determined to be not in
                    compliance after the final determination by the
                    Secretary described in clause (iii)(I)(bb);
                        ``(II) the Secretary's conclusions as to whether
                    each group health plan submitted sufficient information
                    for the Secretary to review the comparative analyses
                    requested under clause (i) for compliance with this
                    section;
                        ``(III) for each group health plan that did submit
                    sufficient information for the Secretary to review the
                    comparative analyses requested under clause (i), the
                    Secretary's conclusions as to whether and why the plan
                    is in compliance with the disclosure requirements under
                    this section;
                        ``(IV) the Secretary's specifications described in
                    clause (ii) for each group health plan that the
                    Secretary determined did not submit sufficient
                    information for the Secretary to review the comparative
                    analyses requested under clause (i) for compliance with
                    this section; and
                        ``(V) the Secretary's specifications described in
                    clause (iii) of the actions each group health plan that
                    the Secretary determined is not in compliance with this
                    section must take to be in compliance with this
                    section, including the reason why the Secretary
                    determined the plan is not in compliance.

                ``(C) Compliance program guidance document update
            process.--
                    ``(i) In general.--The Secretary shall include
                instances of noncompliance that the Secretary discovers
                upon reviewing the comparative analyses requested under
                subparagraph (B)(i) in the compliance program guidance
                document described in paragraph (6), as it is updated every
                2 years, except that such instances shall not disclose any
                protected health information or individually identifiable
                information.
                    ``(ii) Guidance and regulations.--Not later than 18
                months after the date of enactment of this paragraph, the
                Secretary shall finalize any draft or interim guidance and
                regulations relating to mental health parity under this
                section. Such draft guidance shall include guidance to
                clarify the process and timeline for current and potential
                participants and beneficiaries (and authorized
                representatives and health care providers of such
                participants and beneficiaries) with respect to plans to
                file complaints of such plans being in violation of this
                section, including guidance, by plan type, on the relevant
                State, regional, or national office with which such
                complaints should be filed.
                    ``(iii) State.--The Secretary shall share information
                on findings of compliance and noncompliance discovered upon
                reviewing the comparative analyses requested under
                subparagraph (B)(i) shall be shared with the State where
                the group health plan is located, in accordance with
                paragraph (6)(B)(iii)(II).''.
            (4) Medicaid and chip compliance.--
                (A) Medicaid managed care organizations.--Section
            1932(b)(8) of the Social Security Act (42 U.S.C. 1396u-2(b)(8))
            is amended by adding at the end the following new sentence:
            ``In applying the previous sentence with respect to
            requirements under paragraph (8) of section 2726(a) of the
            Public Health Service Act, a Medicaid managed care organization
            (or a prepaid inpatient health plan (as defined by the
            Secretary) or prepaid ambulatory health plan (as defined by the
            Secretary) that offers services to enrollees of a Medicaid
            managed care organization) shall be treated as in compliance
            with such requirements if the Medicaid managed care
            organization (or prepaid inpatient health plan or prepaid
            ambulatory health plan) is in compliance with subpart K of part
            438 of title 42, Code of Federal Regulations, and section
            438.3(n) of such title, or any successor regulation.''.
                (B) Other benchmark benefit packages or benchmark
            equivalent coverage.--Section 1937(b)(6)(A) of such Act (42
            U.S.C. 1396u-7(b)(6)(A)) is amended--
                    (i) by striking ``section 2705(a)'' and inserting
                ``section 2726(a)''; and
                    (ii) by adding at the end the following new sentence:
                ``In applying the previous sentence with respect to
                requirements under paragraph (8) of section 2726(a) of the
                Public Health Service Act, a benchmark benefit package or
                benchmark equivalent coverage described in such sentence
                shall be treated as in compliance with such requirements if
                the State plan under this title or the benchmark benefit
                package or benefit equivalent coverage, as applicable, is
                in compliance with subpart C of part 440 of title 42, Code
                of Federal Regulations, or any successor regulation.''.
                (C) State child health plans.--Section 2103(c)(7)(A) of the
            Social Security Act (42 U.S.C. 1397cc(c)(7)(A)) is amended--
                    (i) by striking ``section 2705(a)'' and inserting
                ``section 2726(a)''; and
                    (ii) by adding at the end the following new sentence:
                ``In applying the previous sentence with respect to
                requirements under paragraph (8) of section 2726(a) of the
                Public Health Service Act, a State child health plan
                described in such sentence shall be treated as in
                compliance with such requirements if the State child health
                plan is in compliance with section 457.496 of title 42,
                Code of Federal Regulations, or any successor
                regulation.''.
        (b) Guidance.--The Secretary of Health and Human Services, jointly
    with the Secretary of Labor and the Secretary of the Treasury, shall
    issue guidance to carry out the amendments made by paragraphs (1), (2),
    and (3) of subsection (a).
        SEC. 204. REPORTING ON PHARMACY BENEFITS AND DRUG COSTS.
        (a) PHSA.--Part D of title XXVII of the Public Health Service Act
    (42 U.S.C. 300gg et seq.), as amended by section 201, is further
    amended by adding at the end the following:
    ``SEC. 2799A-10. REPORTING ON PHARMACY BENEFITS AND DRUG COSTS.
        ``(a) In General.--Not later than 1 year after the date of
    enactment of the Consolidated Appropriations Act, 2021, and not later
    than June 1 of each year thereafter, a group health plan or health
    insurance issuer offering group or individual health insurance coverage
    (except for a church plan) shall submit to the Secretary, the Secretary
    of Labor, and the Secretary of the Treasury the following information
    with respect to the health plan or coverage in the previous plan year:
            ``(1) The beginning and end dates of the plan year.
            ``(2) The number of enrollees.
            ``(3) Each State in which the plan or coverage is offered.
            ``(4) The 50 brand prescription drugs most frequently dispensed
        by pharmacies for claims paid by the plan or coverage, and the
        total number of paid claims for each such drug.
            ``(5) The 50 most costly prescription drugs with respect to the
        plan or coverage by total annual spending, and the annual amount
        spent by the plan or coverage for each such drug.
            ``(6) The 50 prescription drugs with the greatest increase in
        plan expenditures over the plan year preceding the plan year that
        is the subject of the report, and, for each such drug, the change
        in amounts expended by the plan or coverage in each such plan year.
            ``(7) Total spending on health care services by such group
        health plan or health insurance coverage, broken down by--
                ``(A) the type of costs, including--
                    ``(i) hospital costs;
                    ``(ii) health care provider and clinical service costs,
                for primary care and specialty care separately;
                    ``(iii) costs for prescription drugs; and
                    ``(iv) other medical costs, including wellness
                services; and
                ``(B) spending on prescription drugs by--
                    ``(i) the health plan or coverage; and
                    ``(ii) the enrollees.
            ``(8) The average monthly premium--
                ``(A) paid by employers on behalf of enrollees, as
            applicable; and
                ``(B) paid by enrollees.
            ``(9) Any impact on premiums by rebates, fees, and any other
        remuneration paid by drug manufacturers to the plan or coverage or
        its administrators or service providers, with respect to
        prescription drugs prescribed to enrollees in the plan or coverage,
        including--
                ``(A) the amounts so paid for each therapeutic class of
            drugs; and
                ``(B) the amounts so paid for each of the 25 drugs that
            yielded the highest amount of rebates and other remuneration
            under the plan or coverage from drug manufacturers during the
            plan year.
            ``(10) Any reduction in premiums and out-of-pocket costs
        associated with rebates, fees, or other remuneration described in
        paragraph (9).
        ``(b) Report.--Not later than 18 months after the date on which the
    first report is required under subsection (a) and biannually
    thereafter, the Secretary, acting through the Assistant Secretary of
    Planning and Evaluation and in coordination with the Inspector General
    of the Department of Health and Human Services, shall make available on
    the internet website of the Department of Health and Human Services a
    report on prescription drug reimbursements under group health plans and
    group and individual health insurance coverage, prescription drug
    pricing trends, and the role of prescription drug costs in contributing
    to premium increases or decreases under such plans or coverage,
    aggregated in such a way as no drug or plan specific information will
    be made public.
        ``(c) Privacy Protections.--No confidential or trade secret
    information submitted to the Secretary under subsection (a) shall be
    included in the report under subsection (b).''.
        (b) ERISA.--Subpart B of part 7 of subtitle B of title I of the
    Employee Retirement Income Security Act of 1974 (29 U.S.C. 1185 et
    seq.), as amended by section 201, is further amended by adding at the
    end the following:
        ``SEC. 725. REPORTING ON PHARMACY BENEFITS AND DRUG COSTS.
        ``(a) In General.--Not later than 1 year after the date of
    enactment of the Consolidated Appropriations Act, 2021, and not later
    than June 1 of each year thereafter, a group health plan (or health
    insurance coverage offered in connection with such a plan) shall submit
    to the Secretary, the Secretary of Health and Human Services, and the
    Secretary of the Treasury the following information with respect to the
    health plan or coverage in the previous plan year:
            ``(1) The beginning and end dates of the plan year.
            ``(2) The number of participants and beneficiaries.
            ``(3) Each State in which the plan or coverage is offered.
            ``(4) The 50 brand prescription drugs most frequently dispensed
        by pharmacies for claims paid by the plan or coverage, and the
        total number of paid claims for each such drug.
            ``(5) The 50 most costly prescription drugs with respect to the
        plan or coverage by total annual spending, and the annual amount
        spent by the plan or coverage for each such drug.
            ``(6) The 50 prescription drugs with the greatest increase in
        plan expenditures over the plan year preceding the plan year that
        is the subject of the report, and, for each such drug, the change
        in amounts expended by the plan or coverage in each such plan year.
            ``(7) Total spending on health care services by such group
        health plan or health insurance coverage, broken down by--
                ``(A) the type of costs, including--
                    ``(i) hospital costs;
                    ``(ii) health care provider and clinical service costs,
                for primary care and specialty care separately;
                    ``(iii) costs for prescription drugs; and
                    ``(iv) other medical costs, including wellness
                services; and
                ``(B) spending on prescription drugs by--
                    ``(i) the health plan or coverage; and
                    ``(ii) the participants and beneficiaries.
            ``(8) The average monthly premium--
                ``(A) paid by employers on behalf of participants and
            beneficiaries, as applicable; and
                ``(B) paid by participants and beneficiaries.
            ``(9) Any impact on premiums by rebates, fees, and any other
        remuneration paid by drug manufacturers to the plan or coverage or
        its administrators or service providers, with respect to
        prescription drugs prescribed to participants or beneficiaries in
        the plan or coverage, including--
                ``(A) the amounts so paid for each therapeutic class of
            drugs; and
                ``(B) the amounts so paid for each of the 25 drugs that
            yielded the highest amount of rebates and other remuneration
            under the plan or coverage from drug manufacturers during the
            plan year.
            ``(10) Any reduction in premiums and out-of-pocket costs
        associated with rebates, fees, or other remuneration described in
        paragraph (9).
        ``(b) Report.--Not later than 18 months after the date on which the
    first report is required under subsection (a) and biannually
    thereafter, the Secretary, acting in coordination with the Inspector
    General of the Department of Labor, shall make available on the
    internet website of the Department of Labor a report on prescription
    drug reimbursements under group health plans (or health insurance
    coverage offered in connection with such a plan), prescription drug
    pricing trends, and the role of prescription drug costs in contributing
    to premium increases or decreases under such plans or coverage,
    aggregated in such a way as no drug or plan specific information will
    be made public.
        ``(c) Privacy Protections.--No confidential or trade secret
    information submitted to the Secretary under subsection (a) shall be
    included in the report under subsection (b).''.
        (c) IRC.--Subchapter B of chapter 100 of the Internal Revenue Code
    of 1986, as amended by section 201, is further amended by adding at the
    end the following:
    ``SEC. 9825. REPORTING ON PHARMACY BENEFITS AND DRUG COSTS.
        ``(a) In General.--Not later than 1 year after the date of
    enactment of the Consolidated Appropriations Act, 2021, and not later
    than June 1 of each year thereafter, a group health plan shall submit
    to the Secretary, the Secretary of Health and Human Services, and the
    Secretary of Labor the following information with respect to the health
    plan in the previous plan year:
            ``(1) The beginning and end dates of the plan year.
            ``(2) The number of participants and beneficiaries.
            ``(3) Each State in which the plan is offered.
            ``(4) The 50 brand prescription drugs most frequently dispensed
        by pharmacies for claims paid by the plan, and the total number of
        paid claims for each such drug.
            ``(5) The 50 most costly prescription drugs with respect to the
        plan by total annual spending, and the annual amount spent by the
        plan for each such drug.
            ``(6) The 50 prescription drugs with the greatest increase in
        plan expenditures over the plan year preceding the plan year that
        is the subject of the report, and, for each such drug, the change
        in amounts expended by the plan in each such plan year.
            ``(7) Total spending on health care services by such group
        health plan, broken down by--
                ``(A) the type of costs, including--
                    ``(i) hospital costs;
                    ``(ii) health care provider and clinical service costs,
                for primary care and specialty care separately;
                    ``(iii) costs for prescription drugs; and
                    ``(iv) other medical costs, including wellness
                services; and
                ``(B) spending on prescription drugs by--
                    ``(i) the health plan; and
                    ``(ii) the participants and beneficiaries.
            ``(8) The average monthly premium--
                ``(A) paid by employers on behalf of participants and
            beneficiaries, as applicable; and
                ``(B) paid by participants and beneficiaries.
            ``(9) Any impact on premiums by rebates, fees, and any other
        remuneration paid by drug manufacturers to the plan or its
        administrators or service providers, with respect to prescription
        drugs prescribed to participants or beneficiaries in the plan,
        including--
                ``(A) the amounts so paid for each therapeutic class of
            drugs; and
                ``(B) the amounts so paid for each of the 25 drugs that
            yielded the highest amount of rebates and other remuneration
            under the plan from drug manufacturers during the plan year.
            ``(10) Any reduction in premiums and out-of-pocket costs
        associated with rebates, fees, or other remuneration described in
        paragraph (9).
        ``(b) Report.--Not later than 18 months after the date on which the
    first report is required under subsection (a) and biannually
    thereafter, the Secretary, acting in coordination with the Inspector
    General of the Department of the Treasury, shall make available on the
    internet website of the Department of the Treasury a report on
    prescription drug reimbursements under group health plans, prescription
    drug pricing trends, and the role of prescription drug costs in
    contributing to premium increases or decreases under such plans,
    aggregated in such a way as no drug or plan specific information will
    be made public.
        ``(c) Privacy Protections.--No confidential or trade secret
    information submitted to the Secretary under subsection (a) shall be
    included in the report under subsection (b).''.
        (d) Clerical Amendments.--
            (1) ERISA.--The table of contents in section 1 of the Employee
        Retirement Income Security Act of 1974 (29 U.S.C. 1001 et seq.), as
        amended by section 201, is further amended by inserting after the
        item relating to section 724 the following new item:

    ``Sec. 725. Reporting on pharmacy benefits and drug costs.''.

            (2) IRC.--The table of sections for subchapter B of chapter 100
        of the Internal Revenue Code of 1986, as amended by section 201, is
        further amended by adding at the end the following new item:

    ``Sec. 9825. Reporting on pharmacy benefits and drug costs.''.

                      TITLE III--PUBLIC HEALTH PROVISIONS
                        Subtitle A--Extenders Provisions

        SEC. 301. EXTENSION FOR COMMUNITY HEALTH CENTERS, THE NATIONAL
          HEALTH SERVICE CORPS, AND TEACHING HEALTH CENTERS THAT OPERATE
          GME PROGRAMS.
        (a) Community Health Centers.--Section 10503(b)(1)(F) of the
    Patient Protection and Affordable Care Act (42 U.S.C. 254b-2(b)(1)(F))
    is amended by striking ``, $4,000,000,000 for fiscal year 2019,
    $4,000,000,000 for fiscal year 2020, and $865,753,425 for the period
    beginning on October 1, 2020, and ending on December 18, 2020'' and
    inserting ``and $4,000,000,000 for each of fiscal years 2019 through
    2023''.
        (b) National Health Service Corps.--Section 10503(b)(2)(H) of the
    Patient Protection and Affordable Care Act (42 U.S.C. 254b-2(b)(2)(H))
    is amended by striking `` $67,095,890 for the period beginning on
    October 1, 2020, and ending on December 18, 2020'' and inserting ``
    $310,000,000 for each of fiscal years 2021 through 2023''.
        (c) Teaching Health Centers That Operate Graduate Medical Education
    Programs.--Section 340H(g)(1) of the Public Health Service Act (42
    U.S.C. 256h(g)(1)) is amended--
            (1) by inserting ``and'' after ``2017,''; and
            (2) by striking ``fiscal year 2020, and $27,379,452 for the
        period beginning on October 1, 2020, and ending on December 18,
        2020'' and inserting ``2023''.
        (d) Application of Provisions.--Amounts appropriated pursuant to
    the amendments made by this section for fiscal years 2021 through 2023
    shall be subject to the requirements contained in Public Law 116-94 for
    funds for programs authorized under sections 330 through 340 of the
    Public Health Service Act.
        (e) Conforming Amendments.--Paragraph (4) of section 3014(h) of
    title 18, United States Code, as amended by section 1201(e) of the
    Further Continuing Appropriations Act, 2021, and Other Extensions Act,
    is amended by striking ``and section 1201(d) of the Further Continuing
    Appropriations Act, 2021, and Other Extensions Act'' and inserting ``,
    section 1201(d) of the Further Continuing Appropriations Act, 2021, and
    Other Extensions Act, and section 301(d) of division BB of the
    Consolidated Appropriations Act, 2021.''.
        SEC. 302. DIABETES PROGRAMS.
        (a) Type I.--Section 330B(b)(2)(D) of the Public Health Service Act
    (42 U.S.C. 254c-2(b)(2)(D)) is amended by striking ``2020, and
    $32,465,753 for the period beginning on October 1, 2020, and ending on
    December 18, 2020'' and inserting ``2023''.
        (b) Indians.--Section 330C(c)(2)(D) of the Public Health Service
    Act (42 U.S.C. 254c-3(c)(2)(D)) is amended by striking ``2020, and
    $32,465,753 for the period beginning on October 1, 2020, and ending on
    December 18, 2020'' and inserting ``2023''.

                    Subtitle B--Strengthening Public Health

        SEC. 311. IMPROVING AWARENESS OF DISEASE PREVENTION.
        (a) In General.--The Public Health Service Act is amended by
    striking section 313 of such Act (42 U.S.C. 245) and inserting the
    following:
        ``SEC. 313. PUBLIC AWARENESS CAMPAIGN ON THE IMPORTANCE OF
          VACCINATIONS.
        ``(a) In General.--The Secretary, acting through the Director of
    the Centers for Disease Control and Prevention and in coordination with
    other offices and agencies, as appropriate, shall award competitive
    grants or contracts to one or more public or private entities to carry
    out a national, evidence-based campaign to increase awareness and
    knowledge of the safety and effectiveness of vaccines for the
    prevention and control of diseases, combat misinformation about
    vaccines, and disseminate scientific and evidence-based vaccine-related
    information, with the goal of increasing rates of vaccination across
    all ages, as applicable, particularly in communities with low rates of
    vaccination, to reduce and eliminate vaccine-preventable diseases.
        ``(b) Consultation.--In carrying out the campaign under this
    section, the Secretary shall consult with appropriate public health and
    medical experts, including the National Academy of Medicine and medical
    and public health associations and nonprofit organizations, in the
    development, implementation, and evaluation of the evidence-based
    public awareness campaign.
        ``(c) Requirements.--The campaign under this section shall--
            ``(1) be a nationwide, evidence-based media and public
        engagement initiative;
            ``(2) include the development of resources for communities with
        low rates of vaccination, including culturally and linguistically
        appropriate resources, as applicable;
            ``(3) include the dissemination of vaccine information and
        communication resources to public health departments, health care
        providers, and health care facilities, including such providers and
        facilities that provide prenatal and pediatric care;
            ``(4) be complementary to, and coordinated with, any other
        Federal, State, local, or Tribal efforts, as appropriate; and
            ``(5) assess the effectiveness of communication strategies to
        increase rates of vaccination.
        ``(d) Additional Activities.--The campaign under this section may--
            ``(1) include the use of television, radio, the internet, and
        other media and telecommunications technologies;
            ``(2) include the use of in-person activities;
            ``(3) be focused to address specific needs of communities and
        populations with low rates of vaccination; and
            ``(4) include the dissemination of scientific and evidence-
        based vaccine-related information, such as--
                ``(A) advancements in evidence-based research related to
            diseases that may be prevented by vaccines and vaccine
            development;
                ``(B) information on vaccinations for individuals and
            communities, including individuals for whom vaccines are not
            recommended by the Advisory Committee for Immunization
            Practices, and the effects of low vaccination rates within a
            community on such individuals;
                ``(C) information on diseases that may be prevented by
            vaccines; and
                ``(D) information on vaccine safety and the systems in
            place to monitor vaccine safety.
        ``(e) Evaluation.--The Secretary shall--
            ``(1) establish benchmarks and metrics to quantitatively
        measure and evaluate the awareness campaign under this section;
            ``(2) conduct qualitative assessments regarding the awareness
        campaign under this section; and
            ``(3) prepare and submit to the Committee on Health, Education,
        Labor, and Pensions of the Senate and Committee on Energy and
        Commerce of the House of Representatives an evaluation of the
        awareness campaign under this section.
        ``(f) Supplement Not Supplant.--Funds appropriated under this
    section shall be used to supplement and not supplant other Federal,
    State, and local public funds provided for activities described in this
    section.
        ``(g) Authorization of Appropriations.--There are authorized to be
    appropriated to carry out this section and subsections (k) and (n) of
    section 317, $15,000,000 for each of fiscal years 2021 through 2025.''.
        (b) Grants to Address Vaccine-preventable Diseases.--Section 317 of
    the Public Health Service Act (42 U.S.C. 247b) is amended--
            (1) in subsection (k)(1)--
                (A) in subparagraph (C), by striking ``; and'' and
            inserting a semicolon;
                (B) in subparagraph (D), by striking the period and
            inserting a semicolon; and
                (C) by adding at the end the following:
            ``(E) planning, implementation, and evaluation of activities to
        address vaccine-preventable diseases, including activities to--
                ``(i) identify communities at high risk of outbreaks
            related to vaccine-preventable diseases, including through
            improved data collection and analysis;
                ``(ii) pilot innovative approaches to improve vaccination
            rates in communities and among populations with low rates of
            vaccination;
                ``(iii) reduce barriers to accessing vaccines and evidence-
            based information about the health effects of vaccines;
                ``(iv) partner with community organizations and health care
            providers to develop and deliver evidence-based interventions,
            including culturally and linguistically appropriate
            interventions, to increase vaccination rates;
                ``(v) improve delivery of evidence-based vaccine-related
            information to parents and others; and
                ``(vi) improve the ability of State, local, Tribal, and
            territorial public health departments to engage communities at
            high risk for outbreaks related to vaccine-preventable
            diseases, including, as appropriate, with local educational
            agencies, as defined in section 8101 of the Elementary and
            Secondary Education Act of 1965; and
            ``(F) research related to strategies for improving awareness of
        scientific and evidence-based vaccine-related information,
        including for communities with low rates of vaccination, in order
        to understand barriers to vaccination, improve vaccination rates,
        and assess the public health outcomes of such strategies.''; and
            (2) by adding at the end the following:
        ``(n) Vaccination Data.--The Secretary, acting through the Director
    of the Centers for Disease Control and Prevention, shall expand and
    enhance, and, as appropriate, establish and improve, programs and
    conduct activities to collect, monitor, and analyze vaccination
    coverage data to assess levels of protection from vaccine-preventable
    diseases, including by assessing factors contributing to
    underutilization of vaccines and variations of such factors, and
    identifying communities at high risk of outbreaks associated with
    vaccine-preventable diseases.''.
        (c) Supplemental Grant Funds.--Section 330(d)(1) of the Public
    Health Service Act (42 U.S.C. 254b) is amended--
            (1) in subparagraph (F), by striking ``and'' at the end;
            (2) in subparagraph (G), by striking the period and inserting
        ``; and''; and
            (3) by adding at the end the following:
                ``(H) improving access to recommended immunizations.''.
        (d) Update of 2015 NVAC Report.--The National Vaccine Advisory
    Committee established under section 2105 of the Public Health Service
    Act (42 U.S.C. 300aa-5) shall, as appropriate, update the report
    entitled, ``Assessing the State of Vaccine Confidence in the United
    States: Recommendations from the National Vaccine Advisory Committee'',
    approved by the National Vaccine Advisory Committee on June 10, 2015,
    with respect to factors affecting childhood vaccination.
        SEC. 312. GUIDE ON EVIDENCE-BASED STRATEGIES FOR PUBLIC HEALTH
          DEPARTMENT OBESITY PREVENTION PROGRAMS.
        (a) Development and Dissemination of an Evidence-based Strategies
    Guide.--The Secretary of Health and Human Services (referred to in this
    section as the ``Secretary''), acting through the Director of the
    Centers for Disease Control and Prevention, not later than 2 years
    after the date of enactment of this Act, may--
            (1) develop a guide on evidence-based strategies for State,
        territorial, and local health departments to use to build and
        maintain effective obesity prevention and reduction programs, and,
        in consultation with Indian Tribes, Tribal organizations, and urban
        Indian organizations, a guide on such evidence-based strategies
        with respect to Indian Tribes and Tribal organizations for such
        Indian Tribes and Tribal organizations to use for such purpose,
        both of which guides shall--
                (A) describe an integrated program structure for
            implementing interventions proven to be effective in preventing
            and reducing the incidence of obesity; and
                (B) recommend--
                    (i) optimal resources, including staffing and
                infrastructure, for promoting nutrition and obesity
                prevention and reduction; and
                    (ii) strategies for effective obesity prevention
                programs for State, territorial, and local health
                departments, Indian Tribes, and Tribal organizations,
                including strategies related to--

                        (I) the application of evidence-based and evidence-
                    informed practices to prevent and reduce obesity rates;
                        (II) the development, implementation, and
                    evaluation of obesity prevention and reduction
                    strategies for specific communities and populations;
                        (III) demonstrated knowledge of obesity prevention
                    practices that reduce associated preventable diseases,
                    health conditions, death, and health care costs;
                        (IV) best practices for the coordination of efforts
                    to prevent and reduce obesity and related chronic
                    diseases;
                        (V) addressing the underlying risk factors and
                    social determinants of health that impact obesity
                    rates; and
                        (VI) interdisciplinary coordination between
                    relevant public health officials specializing in fields
                    such as nutrition, physical activity, epidemiology,
                    communications, and policy implementation, and
                    collaboration between public health officials,
                    community-based organizations, and others, as
                    appropriate; and

            (2) disseminate the guides and current research, evidence-based
        practices, tools, and educational materials related to obesity
        prevention, consistent with the guides, to State, territorial, and
        local health departments, Indian Tribes, and Tribal organizations.
        (b) Technical Assistance.--The Secretary, acting through the
    Director of the Centers for Disease Control and Prevention, shall
    provide technical assistance to State, territorial, and local health
    departments, Indian Tribes, and Tribal organizations to support such
    health departments in implementing the guide developed under subsection
    (a)(1).
        (c) Indian Tribes; Tribal Organizations; Urban Indian
    Organizations.--In this section--
            (1) the terms ``Indian Tribe'' and ``Tribal organization'' have
        the meanings given the terms ``Indian tribe'' and ``tribal
        organization'', respectively, in section 4 of the Indian Self-
        Determination and Education Assistance Act (25 U.S.C. 5304); and
            (2) the term ``urban Indian organization'' has the meaning
        given such term in section 4 of the Indian Health Care Improvement
        Act (25 U.S.C. 1603).
        SEC. 313. EXPANDING CAPACITY FOR HEALTH OUTCOMES.
        Title III of the Public Health Service Act is amended by inserting
    after section 330M (42 U.S.C. 254c-19) the following:
    ``SEC. 330N. EXPANDING CAPACITY FOR HEALTH OUTCOMES.
        ``(a) Definitions.--In this section:
            ``(1) Eligible entity.--The term `eligible entity' means an
        entity that provides, or supports the provision of, health care
        services in rural areas, frontier areas, health professional
        shortage areas, or medically underserved areas, or to medically
        underserved populations or Native Americans, including Indian
        Tribes, Tribal organizations, and urban Indian organizations, and
        which may include entities leading, or capable of leading, a
        technology-enabled collaborative learning and capacity building
        model or engaging in technology-enabled collaborative training of
        participants in such model.
            ``(2) Health professional shortage area.--The term `health
        professional shortage area' means a health professional shortage
        area designated under section 332.
            ``(3) Indian tribe.--The terms `Indian Tribe' and `Tribal
        organization' have the meanings given the terms `Indian tribe' and
        `tribal organization' in section 4 of the Indian Self-Determination
        and Education Assistance Act.
            ``(4) Medically underserved population.--The term `medically
        underserved population' has the meaning given the term in section
        330(b)(3).
            ``(5) Native americans.--The term `Native Americans' has the
        meaning given the term in section 736 and includes Indian Tribes
        and Tribal organizations.
            ``(6) Technology-enabled collaborative learning and capacity
        building model.--The term `technology-enabled collaborative
        learning and capacity building model' means a distance health
        education model that connects health care professionals, and
        particularly specialists, with multiple other health care
        professionals through simultaneous interactive videoconferencing
        for the purpose of facilitating case-based learning, disseminating
        best practices, and evaluating outcomes.
            ``(7) Urban indian organization.--The term `urban Indian
        organization' has the meaning given the term in section 4 of the
        Indian Health Care Improvement Act.
        ``(b) Program Established.--The Secretary shall, as appropriate,
    award grants to evaluate, develop, and, as appropriate, expand the use
    of technology-enabled collaborative learning and capacity building
    models, to improve retention of health care providers and increase
    access to health care services, such as those to address chronic
    diseases and conditions, infectious diseases, mental health, substance
    use disorders, prenatal and maternal health, pediatric care, pain
    management, palliative care, and other specialty care in rural areas,
    frontier areas, health professional shortage areas, or medically
    underserved areas and for medically underserved populations or Native
    Americans.
        ``(c) Use of Funds.--
            ``(1) In general.--Grants awarded under subsection (b) shall be
        used for--
                ``(A) the development and acquisition of instructional
            programming, and the training of health care providers and
            other professionals that provide or assist in the provision of
            services through models described in subsection (b), such as
            training on best practices for data collection and leading or
            participating in such technology-enabled activities consistent
            with technology-enabled collaborative learning and capacity-
            building models;
                ``(B) information collection and evaluation activities to
            study the impact of such models on patient outcomes and health
            care providers, and to identify best practices for the
            expansion and use of such models; or
                ``(C) other activities consistent with achieving the
            objectives of the grants awarded under this section, as
            determined by the Secretary.
            ``(2) Other uses.--In addition to any of the uses under
        paragraph (1), grants awarded under subsection (b) may be used
        for--
                ``(A) equipment to support the use and expansion of
            technology-enabled collaborative learning and capacity building
            models, including for hardware and software that enables
            distance learning, health care provider support, and the secure
            exchange of electronic health information; or
                ``(B) support for health care providers and other
            professionals that provide or assist in the provision of
            services through such models.
        ``(d) Length of Grants.--Grants awarded under subsection (b) shall
    be for a period of up to 5 years.
        ``(e) Grant Requirements.--The Secretary may require entities
    awarded a grant under this section to collect information on the effect
    of the use of technology-enabled collaborative learning and capacity
    building models, such as on health outcomes, access to health care
    services, quality of care, and provider retention in areas and
    populations described in subsection (b). The Secretary may award a
    grant or contract to assist in the coordination of such models,
    including to assess outcomes associated with the use of such models in
    grants awarded under subsection (b), including for the purpose
    described in subsection (c)(1)(B).
        ``(f) Application.--An eligible entity that seeks to receive a
    grant under subsection (b) shall submit to the Secretary an
    application, at such time, in such manner, and containing such
    information as the Secretary may require. Such application shall
    include plans to assess the effect of technology-enabled collaborative
    learning and capacity building models on patient outcomes and health
    care providers.
        ``(g) Access to Broadband.--In administering grants under this
    section, the Secretary may coordinate with other agencies to ensure
    that funding opportunities are available to support access to reliable,
    high-speed internet for grantees.
        ``(h) Technical Assistance.--The Secretary shall provide (either
    directly through the Department of Health and Human Services or by
    contract) technical assistance to eligible entities, including
    recipients of grants under subsection (b), on the development, use, and
    evaluation of technology-enabled collaborative learning and capacity
    building models in order to expand access to health care services
    provided by such entities, including for medically underserved areas
    and to medically underserved populations or Native Americans.
        ``(i) Research and Evaluation.--The Secretary, in consultation with
    stakeholders with appropriate expertise in such models, shall develop a
    strategic plan to research and evaluate the evidence for such models.
    The Secretary shall use such plan to inform the activities carried out
    under this section.
        ``(j) Report by Secretary.--Not later than 4 years after the date
    of enactment of this section, the Secretary shall prepare and submit to
    the Committee on Health, Education, Labor, and Pensions of the Senate
    and the Committee on Energy and Commerce of the House of
    Representatives, and post on the internet website of the Department of
    Health and Human Services, a report including, at minimum--
            ``(1) a description of any new and continuing grants awarded to
        entities under subsection (b) and the specific purpose and amounts
        of such grants;
            ``(2) an overview of--
                ``(A) the evaluations conducted under subsections (b);
                ``(B) technical assistance provided under subsection (h);
            and
                ``(C) activities conducted by entities awarded grants under
            subsection (b); and
            ``(3) a description of any significant findings or developments
        related to patient outcomes or health care providers and best
        practices for eligible entities expanding, using, or evaluating
        technology-enabled collaborative learning and capacity building
        models, including through the activities described in subsection
        (h).
        ``(k) Authorization of Appropriations.--There are authorized to be
    appropriated to carry out this section $10,000,000 for each of fiscal
    years 2022 through 2026.''.
        SEC. 314. PUBLIC HEALTH DATA SYSTEM MODERNIZATION.
        Subtitle C of title XXVIII of the Public Health Service Act (42
    U.S.C. 300hh-31 et seq.) is amended by adding at the end the following:
    ``SEC. 2823. PUBLIC HEALTH DATA SYSTEM MODERNIZATION.
        ``(a) Expanding CDC and Public Health Department Capabilities.--
            ``(1) In general.--The Secretary, acting through the Director
        of the Centers for Disease Control and Prevention, shall--
                ``(A) conduct activities to expand, modernize, improve, and
            sustain applicable public health data systems used by the
            Centers for Disease Control and Prevention, including with
            respect to the interoperability and improvement of such systems
            (including as it relates to preparedness for, prevention and
            detection of, and response to public health emergencies); and
                ``(B) award grants or cooperative agreements to State,
            local, Tribal, or territorial public health departments for the
            expansion and modernization of public health data systems, to
            assist public health departments and public health laboratories
            in--
                    ``(i) assessing current data infrastructure
                capabilities and gaps to--

                        ``(I) improve and increase consistency in data
                    collection, storage, and analysis; and
                        ``(II) as appropriate, improve dissemination of
                    public health-related information;

                    ``(ii) improving secure public health data collection,
                transmission, exchange, maintenance, and analysis,
                including with respect to demographic data, as appropriate;
                    ``(iii) improving the secure exchange of data between
                the Centers for Disease Control and Prevention, State,
                local, Tribal, and territorial public health departments,
                public health laboratories, public health organizations,
                and health care providers, including by public health
                officials in multiple jurisdictions within such State, as
                appropriate, and by simplifying and supporting reporting by
                health care providers, as applicable, pursuant to State
                law, including through the use of health information
                technology;
                    ``(iv) enhancing the interoperability of public health
                data systems (including systems created or accessed by
                public health departments) with health information
                technology, including with health information technology
                certified under section 3001(c)(5);
                    ``(v) supporting and training data systems, data
                science, and informatics personnel;
                    ``(vi) supporting earlier disease and health condition
                detection, such as through near real-time data monitoring,
                to support rapid public health responses;
                    ``(vii) supporting activities within the applicable
                jurisdiction related to the expansion and modernization of
                electronic case reporting; and
                    ``(viii) developing and disseminating information
                related to the use and importance of public health data.
            ``(2) Data standards.--In carrying out paragraph (1), the
        Secretary, acting through the Director of the Centers for Disease
        Control and Prevention, shall, as appropriate and in consultation
        with the Office of the National Coordinator for Health Information
        Technology, designate data and technology standards (including
        standards for interoperability) for public health data systems,
        with deference given to standards published by consensus-based
        standards development organizations with public input and voluntary
        consensus-based standards bodies.
            ``(3) Public-private partnerships.--The Secretary may develop
        and utilize public-private partnerships for technical assistance,
        training, and related implementation support for State, local,
        Tribal, and territorial public health departments, and the Centers
        for Disease Control and Prevention, on the expansion and
        modernization of electronic case reporting and public health data
        systems, as applicable.
        ``(b) Requirements.--
            ``(1) Health information technology standards.--The Secretary
        may not award a grant or cooperative agreement under subsection
        (a)(1)(B) unless the applicant uses or agrees to use standards
        endorsed by the National Coordinator for Health Information
        Technology pursuant to section 3001(c)(1) or adopted by the
        Secretary under section 3004.
            ``(2) Waiver.--The Secretary may waive the requirement under
        paragraph (1) with respect to an applicant if the Secretary
        determines that the activities under subsection (a)(1)(B) cannot
        otherwise be carried out within the applicable jurisdiction.
            ``(3) Application.--A State, local, Tribal, or territorial
        health department applying for a grant or cooperative agreement
        under this section shall submit an application to the Secretary at
        such time and in such manner as the Secretary may require. Such
        application shall include information describing--
                ``(A) the activities that will be supported by the grant or
            cooperative agreement; and
                ``(B) how the modernization of the public health data
            systems involved will support or impact the public health
            infrastructure of the health department, including a
            description of remaining gaps, if any, and the actions needed
            to address such gaps.
        ``(c) Strategy and Implementation Plan.--Not later than 180 days
    after the date of enactment of this section, the Secretary, acting
    through the Director of the Centers for Disease Control and Prevention,
    shall submit to the Committee on Health, Education, Labor, and Pensions
    of the Senate and the Committee on Energy and Commerce of the House of
    Representatives a coordinated strategy and an accompanying
    implementation plan that identifies and demonstrates the measures the
    Secretary will utilize to--
            ``(1) update and improve applicable public health data systems
        used by the Centers for Disease Control and Prevention; and
            ``(2) carry out the activities described in this section to
        support the improvement of State, local, Tribal, and territorial
        public health data systems.
        ``(d) Consultation.--The Secretary, acting through the Director of
    the Centers for Disease Control and Prevention, shall consult with
    State, local, Tribal, and territorial health departments, professional
    medical and public health associations, associations representing
    hospitals or other health care entities, health information technology
    experts, and other appropriate public or private entities regarding the
    plan and grant program to modernize public health data systems pursuant
    to this section. Activities under this subsection may include the
    provision of technical assistance and training related to the exchange
    of information by such public health data systems used by relevant
    health care and public health entities at the local, State, Federal,
    Tribal, and territorial levels, and the development and utilization of
    public-private partnerships for implementation support applicable to
    this section.
        ``(e) Report to Congress.--Not later than 1 year after the date of
    enactment of this section, the Secretary shall submit a report to the
    Committee on Health, Education, Labor, and Pensions of the Senate and
    the Committee on Energy and Commerce of the House of Representatives
    that includes--
            ``(1) a description of any barriers to--
                ``(A) public health authorities implementing interoperable
            public health data systems and electronic case reporting;
                ``(B) the exchange of information pursuant to electronic
            case reporting;
                ``(C) reporting by health care providers using such public
            health data systems, as appropriate, and pursuant to State law;
            or
                ``(D) improving demographic data collection or analysis;
            ``(2) an assessment of the potential public health impact of
        implementing electronic case reporting and interoperable public
        health data systems; and
            ``(3) a description of the activities carried out pursuant to
        this section.
        ``(f) Electronic Case Reporting.--In this section, the term
    `electronic case reporting' means the automated identification,
    generation, and bilateral exchange of reports of health events among
    electronic health record or health information technology systems and
    public health authorities.
        ``(g) Authorization of Appropriations.--To carry out this section,
    there are authorized to be appropriated $100,000,000 for each of fiscal
    years 2021 through 2025.''.
        SEC. 315. NATIVE AMERICAN SUICIDE PREVENTION.
        Section 520E(b) of the Public Health Service Act (42 U.S.C. 290bb-
    36(b) is amended by inserting after paragraph (3) the following:
            ``(4) Consultation.--An entity described in paragraph (1)(A) or
        (1)(B) that applies for a grant or cooperative agreement under this
        section shall agree to consult or confer with entities described in
        paragraph (1)(C) and Native Hawaiian Health Care Systems, as
        applicable, in the applicable State with respect to the development
        and implementation of a statewide early intervention strategy.''.
        SEC. 316. REAUTHORIZATION OF THE YOUNG WOMEN'S BREAST HEALTH
          EDUCATION AND AWARENESS REQUIRES LEARNING YOUNG ACT OF 2009.
        Section 399NN(h) of the Public Health Service Act (42 U.S.C.
    280m(h)) is amended by striking `` $4,900,000 for each of fiscal years
    2015 through 2019'' and inserting `` $9,000,000 for each of fiscal
    years 2022 through 2026''.
        SEC. 317. REAUTHORIZATION OF SCHOOL-BASED HEALTH CENTERS.
        Section 399Z-1(l) of the Public Health Service Act (42 U.S.C. 280h-
    5(l)) is amended by striking ``2010 through 2014'' and inserting ``2022
    through 2026''.

                           Subtitle C--FDA Amendments

        SEC. 321. RARE PEDIATRIC DISEASE PRIORITY REVIEW VOUCHER EXTENSION.
        Section 529(b)(5) of the Federal Food, Drug, and Cosmetic Act (21
    U.S.C. 360ff(b)(5)) is amended--
            (1) by striking ``December 18, 2020'' each place it appears and
        inserting ``September 30, 2024''; and
            (2) in subparagraph (B), by striking ``December 18, 2022'' and
        inserting ``September 30, 2026''.
        SEC. 322. CONDITIONS OF USE FOR BIOSIMILAR BIOLOGICAL PRODUCTS.
        Section 351(k)(2)(A)(iii) of the Public Health Service Act (42
    U.S.C. 262(k)(2)(A)(iii)) is amended--
            (1) in subclause (I), by striking ``; and'' and inserting a
        semicolon;
            (2) in subclause (II), by striking the period and inserting ``;
        and''; and
            (3) by adding at the end the following:

                        ``(III) may include information to show that the
                    conditions of use prescribed, recommended, or suggested
                    in the labeling proposed for the biological product
                    have been previously approved for the reference
                    product.''.

        SEC. 323. ORPHAN DRUG CLARIFICATION.
        Section 527(c) of the Federal Food, Drug, and Cosmetic Act (21
    U.S.C. 360cc(c)) is amended by adding at the end the following:
            ``(3) Applicability.--This subsection applies to any drug
        designated under section 526 for which an application was approved
        under section 505 of this Act or licensed under section 351 of the
        Public Health Service Act after the date of enactment of the FDA
        Reauthorization Act of 2017, regardless of the date on which such
        drug was designated under section 526.''.
        SEC. 324. MODERNIZING THE LABELING OF CERTAIN GENERIC DRUGS.
        Chapter V of the Federal Food, Drug, and Cosmetic Act (21 U.S.C.
    351 et seq.) is amended by inserting after section 503C the following:
    ``SEC. 503D. PROCESS TO UPDATE LABELING FOR CERTAIN GENERIC DRUGS.
        ``(a) Definitions.--For purposes of this section:
            ``(1) The term `covered drug' means a drug approved under
        section 505(c)--
                ``(A) for which there are no unexpired patents included in
            the list under section 505(j)(7) and no unexpired period of
            exclusivity;
                ``(B) for which the approval of the application has been
            withdrawn for reasons other than safety or effectiveness; and
                ``(C) for which--
                    ``(i)(I) there is new scientific evidence available
                pertaining to new or existing conditions of use that is not
                reflected in the approved labeling;
                    ``(II) the approved labeling does not reflect current
                legal and regulatory requirements for content or format; or
                    ``(III) there is a relevant accepted use in clinical
                practice that is not reflected in the approved labeling;
                and
                    ``(ii) updating the approved labeling would benefit the
                public health.
            ``(2) The term `period of exclusivity', with respect to a drug
        approved under section 505(c), means any period of exclusivity
        under clause (ii), (iii), or (iv) of section 505(c)(3)(E), clause
        (ii), (iii), or (iv) of section 505(j)(5)(F), or section 505A,
        505E, or 527.
            ``(3) The term `generic version' means a drug approved under
        section 505(j) whose reference listed drug is a covered drug.
            ``(4) The term `relevant accepted use' means a use for a drug
        in clinical practice that is supported by scientific evidence that
        appears to the Secretary to meet the standards for approval under
        section 505.
            ``(5) The term `selected drug' means a covered drug for which
        the Secretary has determined through the process under subsection
        (c) that the labeling should be changed.
        ``(b) Identification of Covered Drugs.--The Secretary may identify
    covered drugs for which labeling updates would provide a public health
    benefit. To assist in identifying covered drugs, the Secretary may do
    one or both of the following:
            ``(1) Enter into cooperative agreements or contracts with
        public or private entities to review the available scientific
        evidence concerning such drugs.
            ``(2) Seek public input concerning such drugs, including input
        on whether there is a relevant accepted use in clinical practice
        that is not reflected in the approved labeling of such drugs or
        whether new scientific evidence is available regarding the
        conditions of use for such drug, by--
                ``(A) holding one or more public meetings;
                ``(B) opening a public docket for the submission of public
            comments; or
                ``(C) other means, as the Secretary determines appropriate.
        ``(c) Selection of Drugs for Updating.--If the Secretary
    determines, with respect to a covered drug, that the available
    scientific evidence meets the standards under section 505 for adding or
    modifying information to the labeling or providing supplemental
    information to the labeling regarding the use of the covered drug, the
    Secretary may initiate the process under subsection (d).
        ``(d) Initiation of the Process of Updating.--If the Secretary
    determines that labeling changes are appropriate for a selected drug
    pursuant to subsection (c), the Secretary shall provide notice to the
    holders of approved applications for a generic version of such drug
    that--
            ``(1) summarizes the findings supporting the determination of
        the Secretary that the available scientific evidence meets the
        standards under section 505 for adding or modifying information or
        providing supplemental information to the labeling of the covered
        drug pursuant to subsection (c);
            ``(2) provides a clear statement regarding the additional,
        modified, or supplemental information for such labeling, according
        to the determination by the Secretary (including, as applicable,
        modifications to add the relevant accepted use to the labeling of
        the drug as an additional indication for the drug); and
            ``(3) states whether the statement under paragraph (2) applies
        to the selected drug as a class of covered drugs or only to a
        specific drug product.
        ``(e) Response to Notification.--Within 30 days of receipt of
    notification provided by the Secretary pursuant to subsection (d), the
    holder of an approved application for a generic version of the selected
    drug shall--
            ``(1) agree to change the approved labeling to reflect the
        additional, modified, or supplemental information the Secretary has
        determined to be appropriate; or
            ``(2) notify the Secretary that the holder of the approved
        application does not believe that the requested labeling changes
        are warranted and submit a statement detailing the reasons why such
        changes are not warranted.
        ``(f) Review of Application Holder's Response.--
            ``(1) In general.--Upon receipt of the application holder's
        response, the Secretary shall promptly review each statement
        received under subsection (e)(2) and determine which labeling
        changes pursuant to the Secretary's notice under subsection (d) are
        appropriate, if any. If the Secretary disagrees with the reasons
        why such labeling changes are not warranted, the Secretary shall
        provide opportunity for discussions with the application holders to
        reach agreement on whether the labeling for the covered drug should
        be updated to reflect available scientific evidence, and if so, the
        content of such labeling changes.
            ``(2) Changes to labeling.--After considering all responses
        from the holder of an approved application under paragraph (1) or
        (2) of subsection (e), and any discussion under paragraph (1), the
        Secretary may order such holder to make the labeling changes the
        Secretary determines are appropriate. Such holder of an approved
        application shall--
                ``(A) update its paper labeling for the drug at the next
            printing of that labeling;
                ``(B) update any electronic labeling for the drug within 30
            days of such order; and
                ``(C) submit the revised labeling through the form,
            `Supplement--Changes Being Effected'.
        ``(g) Violation.--If the holder of an approved application for the
    generic version of the selected drug does not comply with the
    requirements of subsection (f)(2), such generic version of the selected
    drug shall be deemed to be misbranded under section 502.
        ``(h) Limitations; Generic Drugs.--
            ``(1) In general.--With respect to any labeling change required
        under this section, the generic version shall be deemed to have the
        same conditions of use and the same labeling as its reference
        listed drug for purposes of clauses (i) and (v) of section
        505(j)(2)(A). Any labeling change so required shall not have any
        legal effect for the applicant that is different than the legal
        effect that would have resulted if a supplemental application had
        been submitted and approved to conform the labeling of the generic
        version to a change in the labeling of the reference drug.
            ``(2) Supplemental applications.--Changes to labeling made in
        accordance with this section shall not be eligible for an
        exclusivity period under this Act.
            ``(3) Selection of drugs.--The Secretary shall not identify a
        drug as a covered drug or select a drug label for updating under
        subsection (b) or (c) solely based on the availability of new
        safety information. Upon identification of a drug as a covered drug
        under subsection (b), the Secretary may then consider the
        availability of new safety information (as defined in section 505-
        1(b)) in determining whether the drug is a selected drug and in
        determining what labeling changes are appropriate.
        ``(i) Rules of Construction.--
            ``(1) Approval standards.--This section shall not be construed
        as altering the applicability of the standards for approval of an
        application under section 505. No order shall be issued under this
        subsection unless the scientific evidence supporting the changed
        labeling meets the standards for approval applicable to any change
        to labeling under section 505.
            ``(2) Removal of information.--Nothing in this section shall be
        construed to give the Secretary additional authority to remove
        approved indications for drugs, other than the authority described
        in this section.
            ``(3) Secretary authority.--Nothing in this section shall be
        construed to limit the authority of the Secretary to require
        labeling changes under section 505(o).
            ``(4) Maintenance of labeling.--Nothing in this section shall
        be construed to affect the responsibility of the holder of an
        approved application under section 505(j) to maintain its labeling
        in accordance with existing requirements, including subpart B of
        part 201 and sections 314.70 and 314.97 of title 21, Code of
        Federal Regulations (or any successor regulations).
        ``(j) Reports.--Not later than 4 years after the date of the
    enactment of this section, and every 4 years thereafter, the Secretary
    shall prepare and submit to the Committee on Energy and Commerce of the
    House of Representatives and the Committee on Health, Education, Labor,
    and Pensions of the Senate, a report that--
            ``(1) describes the actions of the Secretary under this
        section, including--
                ``(A) the number of covered drugs and description of the
            types of drugs the Secretary has selected for labeling changes
            and the rationale for such recommended changes; and
                ``(B) the number of times the Secretary entered into
            discussions concerning a disagreement with an application
            holder or holders and a summary of the decision regarding a
            labeling change, if any; and
            ``(2) includes any recommendations of the Secretary for
        modifying the program under this section.''.
        SEC. 325. BIOLOGICAL PRODUCT PATENT TRANSPARENCY.
        (a) In General.--Section 351(k) of the Public Health Service Act
    (42 U.S.C. 262(k)) is amended by adding at the end the following:
            ``(9) Public listing.--
                ``(A) In general.--
                    ``(i) Initial publication.--Not later than 180 days
                after the date of enactment of this paragraph, the
                Secretary shall publish and make available to the public in
                a searchable, electronic format--

                        ``(I) a list of each biological product, by
                    nonproprietary name (proper name), for which, as of
                    such date of enactment, a biologics license under
                    subsection (a) or this subsection is in effect, or
                    that, as of such date of enactment, is deemed to be
                    licensed under this section pursuant to section
                    7002(e)(4) of the Biologics Price Competition and
                    Innovation Act of 2009;
                        ``(II) the date of licensure of the marketing
                    application and the application number; and
                        ``(III) with respect to each biological product
                    described in subclause (I), the licensure status, and,
                    as available, the marketing status.

                    ``(ii) Revisions.--Every 30 days after the publication
                of the first list under clause (i), the Secretary shall
                revise the list to include each biological product which
                has been licensed under subsection (a) or this subsection
                during the 30-day period or deemed licensed under this
                section pursuant to section 7002(e)(4) of the Biologics
                Price Competition and Innovation Act of 2009.
                    ``(iii) Patent information.--Not later than 30 days
                after a list of patents under subsection (l)(3)(A), or a
                supplement to such list under subsection (l)(7), has been
                provided by the reference product sponsor to the subsection
                (k) applicant respecting a biological product included on
                the list published under this subparagraph, the reference
                product sponsor shall provide such list of patents (or
                supplement thereto) and their corresponding expiry dates to
                the Secretary, and the Secretary shall, in revisions made
                under clause (ii), include such information for such
                biological product. Within 30 days of providing any
                subsequent or supplemental list of patents to any
                subsequent subsection (k) applicant under subsection
                (l)(3)(A) or (l)(7), the reference product sponsor shall
                update the information provided to the Secretary under this
                clause with any additional patents from such subsequent or
                supplemental list and their corresponding expiry dates.
                    ``(iv) Listing of exclusivities.--For each biological
                product included on the list published under this
                subparagraph, the Secretary shall specify each exclusivity
                period under paragraph (6) or paragraph (7) for which the
                Secretary has determined such biological product to be
                eligible and that has not concluded.
                ``(B) Revocation or suspension of license.--If the license
            of a biological product is determined by the Secretary to have
            been revoked or suspended for safety, purity, or potency
            reasons, it may not be published in the list under subparagraph
            (A). If such revocation or suspension occurred after inclusion
            of such biological product in the list published under
            subparagraph (A), the reference product sponsor shall notify
            the Secretary that--
                    ``(i) the biological product shall be immediately
                removed from such list for the same period as the
                revocation or suspension; and
                    ``(ii) a notice of the removal shall be published in
                the Federal Register.''.
        (b) Review and Report on Types of Information To Be Listed.--Not
    later than 3 years after the date of enactment of this Act, the
    Secretary of Health and Human Services shall--
            (1) solicit public comment regarding the type of information,
        if any, that should be added to or removed from the list required
        by paragraph (9) of section 351(k) of the Public Health Service Act
        (42 U.S.C. 262(k)), as added by subsection (a); and
            (2) transmit to Congress an evaluation of such comments,
        including any recommendations about the types of information that
        should be added to or removed from the list.

                       Subtitle D--Technical Corrections

        SEC. 331. TECHNICAL CORRECTIONS.
        (a) Education and Training Relating to Geriatrics.--Section
    753(a)(7)(B) of the Public Health Service Act (42 U.S.C. 294c(a)(7)(B))
    is amended, in the matter preceding clause (i), by striking ``Title VII
    Health Care Workforce Reauthorization Act of 2019'' and inserting
    ``Coronavirus Aid, Relief, and Economic Security Act''.
        (b) Nursing.--Section 851(d)(3) of the Public Health Service Act
    (42 U.S.C. 297t(d)(3)) is amended by striking ``Title VIII Nursing
    Reauthorization Act'' and inserting ``Coronavirus Aid, Relief, and
    Economic Security Act''.
        (c) Citation.--Section 3404(a)(9) of the Coronavirus Aid, Relief,
    and Economic Security Act (Public Law 116-136) is amended by striking
    ``section 846A (42 U.S.C. 247n-1)'' and inserting ``section 846A (42
    U.S.C. 297n-1)''.
        (d) Effective Date.--The amendments made by subsections (a), (b),
    and (c) shall take effect as if included in the enactment of the
    Coronavirus Aid, Relief, and Economic Security Act (Public Law 116-
    136).

                         DIVISION CC--HEALTH EXTENDERS

    SEC. 1. TABLE OF CONTENTS.

    Sec. 1. Table of contents.

                          TITLE I--MEDICARE PROVISIONS

                         Subtitle A--Medicare Extenders

    Sec. 101. Extension of the work geographic index floor under the
              medicare program.
    Sec. 102. Extension of funding for quality measure endorsement, input,
              and selection.
    Sec. 103. Extension of funding outreach and assistance for low-income
              programs.
    Sec. 104. Extension of medicare patient IVIG access demonstration
              project.
    Sec. 105. Extending the independence at home medical practice
              demonstration program under the medicare program.

                      Subtitle B--Other Medicare Provisions

    Sec. 111. Improving measurements under the skilled nursing facility
              value-based purchasing program under the Medicare program.
    Sec. 112. Providing the Medicare Payment Advisory Commission and
              Medicaid and CHIP Payment and Access Commission with access to
              certain drug payment information, including certain rebate
              information.
    Sec. 113. Moratorium on payment under the Medicare physician fee
              schedule of the add on code for inherently complex evaluation
              and management visits.
    Sec. 114. Temporary freeze of APM payment incentive thresholds.
    Sec. 115. Permitting occupational therapists to conduct the initial
              assessment visit and complete the comprehensive assessment
              with respect to certain rehabilitation services for home
              health agencies under the Medicare program.
    Sec. 116. Centers for Medicare & Medicaid Services provider outreach and
              reporting on cognitive assessment and care plan services.
    Sec. 117. Continued coverage of certain temporary transitional home
              infusion therapy services.
    Sec. 118. Transitional coverage and retroactive Medicare part D coverage
              for certain low-income beneficiaries.
    Sec. 119. Increasing the use of real-time benefit tools to lower
              beneficiary costs.
    Sec. 120. Beneficiary enrollment simplification.
    Sec. 121. Waiving budget neutrality for oxygen under the Medicare
              program.
    Sec. 122. Waiving medicare coinsurance for certain colorectal cancer
              screening tests.
    Sec. 123. Expanding access to mental health services furnished through
              telehealth.
    Sec. 124. Public-private partnership for health care waste, fraud, and
              abuse detection.
    Sec. 125. Medicare payment for rural emergency hospital services.
    Sec. 126. Distribution of additional residency positions.
    Sec. 127. Promoting Rural Hospital GME Funding Opportunity.
    Sec. 128. Five-year extension of the rural community hospital
              demonstration program.
    Sec. 129. Extension of Frontier Community Health Integration Project
              Demonstration.
    Sec. 130. Improving rural health clinic payments.
    Sec. 131. Medicare GME treatment of hospitals establishing new medical
              residency training programs after hosting medical resident
              rotators for short durations.
    Sec. 132. Medicare payment for certain Federally qualified health center
              and rural health clinic services furnished to hospice
              patients.
    Sec. 133. Delay to the implementation of the radiation oncology model
              under the Medicare program.
    Sec. 134. Improving access to skilled nursing facility services for
              hemophilia patients.

                 TITLE II--MEDICAID EXTENDERS AND OTHER POLICIES

    Sec. 201. Eliminating DSH reductions for fiscal years 2021 through 2023.
    Sec. 202. Supplemental payment reporting requirements.
    Sec. 203. Medicaid shortfall and third party payments.
    Sec. 204. Extension of Money Follows the Person Rebalancing
              Demonstration.
    Sec. 205. Extension of spousal impoverishment protections.
    Sec. 206. Extension of community mental health services demonstration
              program.
    Sec. 207. Clarifying authority of State Medicaid fraud and abuse control
              units to investigate and prosecute cases of Medicaid patient
              abuse and neglect in any setting.
    Sec. 208. Medicaid coverage for citizens of Freely Associated States.
    Sec. 209. Medicaid coverage of certain medical transportation.
    Sec. 210. Promoting access to life-saving therapies for Medicaid
              enrollees by ensuring coverage of routine patient costs for
              items and services furnished in connection with participation
              in qualifying clinical trials.

                            TITLE III--HUMAN SERVICES

    Sec. 301. Extension of TANF, child care entitlement to States, and
              related programs.
    Sec. 302. Personal responsibility education extension.
    Sec. 303. Sexual risk avoidance education extension.
    Sec. 304. Extension of support for current health professions
              opportunity grants.
    Sec. 305. Extension of MaryLee Allen Promoting Safe and Stable Families
              Program and State court support.

                            TITLE IV--HEALTH OFFSETS

    Sec. 401. Requiring certain manufacturers to report drug pricing
              information with respect to drugs under the Medicare program.
    Sec. 402. Extended months of coverage of immunosuppressive drugs for
              kidney transplant patients and other renal dialysis
              provisions.
    Sec. 403. Permitting direct payment to physician assistants under
              Medicare.
    Sec. 404. Adjusting calculation of hospice cap amount under Medicare.
    Sec. 405. Special rule for determination of ASP in cases of certain
              noncovered self-administered drug products.
    Sec. 406. Medicaid Improvement Fund.
    Sec. 407. Establishing hospice program survey and enforcement procedures
              under the Medicare program.
    Sec. 408. Medicare Improvement Fund.

                             TITLE V--MISCELLANEOUS

    Sec. 501. Implementation funding.

                          TITLE I--MEDICARE PROVISIONS
                         Subtitle A--Medicare Extenders

        SEC. 101. EXTENSION OF THE WORK GEOGRAPHIC INDEX FLOOR UNDER THE
          MEDICARE PROGRAM.
        Section 1848(e)(1)(E) of the Social Security Act (42 U.S.C. 1395w-
    4(e)(1)(E)), as amended by section 3801 of the CARES Act (Public Law
    116-136), section 2201 of the Continuing Appropriations Act, 2021 and
    Other Extensions Act (Public Law 116-159), and section 1101 of the
    Further Continuing Appropriations Act, 2021, and Other Extensions Act,
    is amended by striking ``December 19, 2020'' and inserting ``January 1,
    2024''.
        SEC. 102. EXTENSION OF FUNDING FOR QUALITY MEASURE ENDORSEMENT,
          INPUT, AND SELECTION.
        (a) Extension.--Section 1890(d)(2) of the Social Security Act (42
    U.S.C. 1395aaa(d)(2)), as amended by section 1103 of the Further
    Continuing Appropriations Act, 2021, and Other Extensions Act, is
    amended--
            (1) in the first sentence, by striking ``and for the period
        beginning on October 1, 2020, and ending on December 18, 2020, the
        amount equal to the pro rata portion of the amount appropriated for
        such period for fiscal year 2020'' and inserting `` $26,000,000 for
        fiscal year 2021, $20,000,000 for fiscal year 2022, and $20,000,000
        for fiscal year 2023''; and
            (2) in the third sentence, by striking ``and 2020, and for the
        period beginning on October 1, 2020, and ending on December 18,
        2020'' and inserting ``2020, 2021, 2022, and 2023''.
        (b) Additional Reporting Requirements.--Section 1890 of the Social
    Security Act (42 U.S.C. 1395aaa) is amended--
            (1) in subsection (e)--
                (A) by redesignating paragraphs (1) through (6) as
            subparagraphs (A) through (F), respectively;
                (B) by striking ``Congress.--By not later than'' and
            inserting ``Congress.--
            ``(1) In general.--By not later than'';
                (C) in subparagraph (A), as redesignated by this paragraph,
            by striking the last sentence;
                (D) in subparagraph (D), as so redesignated, by striking
            ``A description'' and inserting ``Subject to paragraph (2)(B),
            a description'';
                (E) in subparagraph (E), as so redesignated, by striking
            ``The amount'' and inserting ``Subject to paragraph (2)(B), the
            amount'';
                (F) in subparagraph (F), as so redesignated, by striking
            ``Estimates'' and inserting ``Subject to paragraph (2)(B),
            estimates''; and
                (G) by adding at the end the following new paragraph:
            ``(2) Additional requirements for reports.--
                ``(A) Addressing gao report.--Each of the annual reports
            submitted in 2021 and 2022 pursuant to paragraph (1) shall also
            include the following:
                    ``(i) A comprehensive analysis detailing the ways in
                which the Centers for Medicare & Medicaid Services has
                addressed each of the recommendations set forth in the
                report by the Government Accountability Office (GAO-19-628)
                issued on September 19, 2019, and titled `Health Care
                Quality: CMS Could More Effectively Ensure Its Quality
                Measurement Activities Promote Its Objectives'.
                    ``(ii) A detailed description of--

                        ``(I) any additional steps that the Centers for
                    Medicare & Medicaid Services expects to take to address
                    the findings and recommendations set forth in such
                    report; and
                        ``(II) the anticipated timing for such steps.

                ``(B) Ensuring detailed information.--
                    ``(i) In general.--In the case of an annual report
                submitted in 2021 or a subsequent year pursuant to
                paragraph (1), the information required under--

                        ``(I) paragraph (1)(D) shall also include detailed
                    information on each of the activities described in
                    clause (ii);
                        ``(II) paragraph (1)(E) shall also include detailed
                    information on the specific amounts obligated or
                    expended on each of the activities described in clause
                    (ii); and
                        ``(III) paragraph (1)(F) shall also include
                    detailed information on the specific quality
                    measurement activities required and future funding
                    needed for each of the activities described in clause
                    (ii).

                    ``(ii) Activities described.--The activities described
                in this clause are the following:

                        ``(I) Measure selection activities.
                        ``(II) Measure development activities.
                        ``(III) Public reporting activities.
                        ``(IV) Education and outreach activities.''; and

            (2) by adding at the end the following new subsection:
        ``(f) Additional Reporting by the Secretary to Congress.--
            ``(1) In general.--By not later than September 30 of each year
        (beginning with 2021), the Secretary shall submit to Congress a
        report on the amount of unobligated balances for appropriations
        relating to quality measurement. Such report shall include detailed
        plans on how the Secretary expects to expend such unobligated
        balances in the upcoming fiscal years.
            ``(2) Separate report.--The annual report required under
        paragraph (1) shall be separate from the annual report required
        under subsection (e).''.
        (c) Input for Removal of Measures.--Section 1890(b) of the Social
    Security Act (42 U.S.C. 1395aaa(b)) is amended by inserting after
    paragraph (3) the following new paragraph:
            ``(4) Removal of measures.--The entity may provide input to the
        Secretary on quality and efficiency measures described in paragraph
        (7)(B) that could be considered for removal.''.
        (d) Prioritization of Measure Endorsement.--Section 1890(b) of the
    Social Security Act (42 U.S.C. 1395aaa(b)) is amended by adding at the
    end the following new paragraph:
            ``(9) Prioritization of measure endorsement.--The Secretary--
                ``(A) during the period beginning on the date of the
            enactment of this paragraph and ending on December 31, 2023,
            shall prioritize the endorsement of measures relating to
            maternal morbidity and mortality by the entity with a contract
            under subsection (a) in connection with endorsement of measures
            described in paragraph (2); and
                ``(B) on and after January 1, 2024, may prioritize the
            endorsement of such measures by such entity.''.
        SEC. 103. EXTENSION OF FUNDING OUTREACH AND ASSISTANCE FOR LOW-
          INCOME PROGRAMS.
        (a) State Health Insurance Programs.--Subsection (a)(1)(B) of
    section 119 of the Medicare Improvements for Patients and Providers Act
    of 2008 (42 U.S.C. 1395b-3 note), as amended by section 3306 of the
    Patient Protection and Affordable Care Act (Public Law 111-148),
    section 610 of the American Taxpayer Relief Act of 2012 (Public Law
    112-240), section 1110 of the Pathway for SGR Reform Act of 2013
    (Public Law 113-67), section 110 of the Protecting Access to Medicare
    Act of 2014 (Public Law 113-93), section 208 of the Medicare Access and
    CHIP Reauthorization Act of 2015 (Public Law 114-10), section 50207 of
    division E of the Bipartisan Budget Act of 2018 (Public Law 115-123),
    section 1402 of division B of the Continuing Appropriations Act, 2020,
    and Health Extenders Act of 2019 (Public Law 116-59), section 1402 of
    division B of the Further Continuing Appropriations Act, 2020, and
    Further Health Extenders Act of 2019 (Public Law 116-69), section 103
    of division N of the Further Consolidated Appropriations Act, 2020
    (Public Law 116-94), section 3803 of the CARES Act (Public Law 116-
    136), section 2203 of the Continuing Appropriations Act, 2021 and Other
    Extensions Act (Public Law 116-159), and section 1102 of the Further
    Continuing Appropriations Act, 2021, and Other Extensions Act, is
    amended--
            (1) in clause (x), by striking at the end ``and''; and
            (2) by striking clause (xi) and inserting the following
        clauses:
                    ``(xi) for fiscal year 2021, $15,000,000;
                    ``(xii) for fiscal year 2022, $15,000,000; and
                    ``(xiii) for fiscal year 2023, $15,000,000.''.
        (b) Area Agencies on Aging.--Subsection (b)(1)(B) of such section
    119, as so amended, is amended--
            (1) in clause (x), by striking at the end ``and''; and
            (2) by striking clause (xi) and inserting the following
        clauses:
                    ``(xi) for fiscal year 2021, $15,000,000;
                    ``(xii) for fiscal year 2022, $15,000,000; and
                    ``(xiii) for fiscal year 2023, $15,000,000.''.
        (c) Aging and Disability Resource Centers.--Subsection (c)(1)(B) of
    such section 119, as so amended, is amended--
            (1) in clause (x), by striking at the end ``and'';
            (2) by striking clause (xi) and inserting the following
        clauses:
                    ``(xi) for fiscal year 2021, $5,000,000;
                    ``(xii) for fiscal year 2022, $5,000,000; and
                    ``(xiii) for fiscal year 2023, $5,000,000,''.
        (d) Contract With the National Center for Benefits and Outreach
    Enrollment.--Subsection (d)(2) of such section 119, as so amended, is
    amended--
            (1) in clause (x), by striking at the end ``and'';
            (2) by striking clause (xi) and inserting the following
        clauses:
                    ``(xi) for fiscal year 2021, $15,000,000;
                    ``(xii) for fiscal year 2022, $15,000,000; and
                    ``(xiii) for fiscal year 2023, $15,000,000.''.
        SEC. 104. EXTENSION OF MEDICARE PATIENT IVIG ACCESS DEMONSTRATION
          PROJECT.
        (a) Extension of Demonstration Project.--Section 101(b) of the
    Medicare IVIG Access and Strengthening Medicare and Repaying Taxpayers
    Act of 2012 (42 U.S.C. 13951 note) is amended--
            (1) by striking paragraph (1) and inserting the following:
            ``(1) Duration.--Beginning not later than one year after the
        date of enactment of this Act, the Secretary shall conduct the
        demonstration project for a period of 3 years and, subject to the
        availability of funds under subsection (g), the period beginning on
        October 1, 2017, and ending on December 31, 2023.''; and
            (2) in paragraph (2)--
                (A) by amending the first sentence to read as follows:
            ``The Secretary shall enroll for participation in the
            demonstration project for the period beginning on October 1,
            2014, and ending on September 30, 2020, not more than 4,000
            Medicare beneficiaries who have been diagnosed with primary
            immunodeficiency disease and for the period beginning on
            October 1, 2014, and ending on December 31, 2023, not more than
            6,500 Medicare beneficiaries who have been so diagnosed.''; and
                (B) by striking ``December 31, 2020'' and inserting
            ``December 31, 2023''.
        (b) Updated Evaluation and Report.--Section 101(f) is amended--
            (1) by redesignating paragraph (2) as paragraph (3); and
            (2) by inserting after paragraph (1) the following new
        paragraph:
            ``(2) Updated evaluation and report.--Not later than 2 years
        after the date of the enactment of Consolidated Appropriations Act,
        2021, the Secretary shall submit to Congress an updated report that
        contains the following:
                ``(A) The total number of beneficiaries enrolled in the
            demonstration project during the updated report period.
                ``(B) The total number of claims submitted for services
            during the updated report period, disaggregated by month.
                ``(C) An analysis of the impact of the demonstration on
            beneficiary access to the in-home administration of intravenous
            immune globin, including the impact on beneficiary health.
                ``(D) An analysis of the impact of in-home administration
            of intravenous immune globin on overall costs to Medicare,
            including the cost differential between in-home administration
            of intravenous immune globin and administration of intravenous
            immune globin in a healthcare facility.
                ``(E) To the extent practicable, a survey of providers and
            enrolled beneficiaries that participated in the demonstration
            project that identifies barriers to accessing services,
            including reimbursement for items and services.
                ``(F) Recommendations to Congress on the appropriateness of
            establishing a permanent bundled services payment for the in-
            home administration of intravenous immune globin for Medicare
            beneficiaries.''.
        (c) Definition of Updated Report Period.--Section 101(h) is amended
    by adding at the end the following new paragraph:
            ``(4) Updated report period.--The term `updated report period'
        means the period beginning on October 1, 2014, and ending on
        September 30, 2020.''.
        SEC. 105. EXTENDING THE INDEPENDENCE AT HOME MEDICAL PRACTICE
          DEMONSTRATION PROGRAM UNDER THE MEDICARE PROGRAM.
        (a) In General.--Section 1866E of the Social Security Act (42
    U.S.C. 1395cc-5) is amended--
            (1) in subsection (e)--
                (A) in paragraph (1), by striking ``7-year'' and inserting
            ``10-year''; and
                (B) in paragraph (5)--
                    (i) in the first sentence, by striking ``15,000'' and
                inserting ``20,000'';
                    (ii) in the second sentence, by striking ``sixth and
                seventh'' and inserting ``sixth through tenth''; and
                    (iii) by adding at the end the following new sentence:
                ``An applicable beneficiary that participates in the
                demonstration program by reason of the increase from 15,000
                to 20,000 in the first sentence of this paragraph pursuant
                to the amendment made by section 105 of division CC of the
                Consolidated Appropriations Act, 2021 shall be considered
                in the spending target estimates under paragraph (1) of
                subsection (c) and the incentive payment calculations under
                paragraph (2) of such subsection for the eighth through
                tenth years of such program.''; and
            (2) in subsection (h), by inserting ``and $9,000,000 for fiscal
        year 2021'' after ``2015''.
        (b) Effective Date.--The amendments made by subsection (a) shall
    take effect as if included in the enactment of Public Law 111-148.

                     Subtitle B--Other Medicare Provisions

        SEC. 111. IMPROVING MEASUREMENTS UNDER THE SKILLED NURSING FACILITY
          VALUE-BASED PURCHASING PROGRAM UNDER THE MEDICARE PROGRAM.
        (a) In General.--Section 1888(h) of the Social Security Act (42
    U.S.C. 1395yy(h)) is amended--
            (1) in paragraph (1), by adding at the end the following new
        subparagraph:
                ``(C) Exclusions.--With respect to payments for services
            furnished on or after October 1, 2022, this subsection shall
            not apply to a facility for which there are not a minimum
            number (as determined by the Secretary) of--
                    ``(i) cases for the measures that apply to the facility
                for the performance period for the applicable fiscal year;
                or
                    ``(ii) measures that apply to the facility for the
                performance period for the applicable fiscal year.'';
            (2) in paragraph (2)(A)--
                (A) by striking ``The Secretary shall apply'' and inserting
            ``The Secretary--
                    ``(i) shall apply'';
                (B) by striking the period at the end and inserting ``;
            and''; and
                (C) by adding at the end the following:
                    ``(ii) may, with respect to payments for services
                furnished on or after October 1, 2023, apply additional
                measures determined appropriate by the Secretary, which may
                include measures of functional status, patient safety, care
                coordination, or patient experience.
            Subject to the succeeding sentence, in the case that the
            Secretary applies additional measures under clause (ii), the
            Secretary shall consider and apply, as appropriate, quality
            measures specified under section 1899B(c)(1). In no case may
            the Secretary apply more than 10 measures under this
            subparagraph.'';
            (3) in subparagraph (A) of each of paragraphs (3) and (4), by
        striking ``measure'' and inserting ``measures''; and
            (4) by adding at the end the following new paragraph:
            ``(12) Validation.--
                ``(A) In general.--The Secretary shall apply to the
            measures applied under this subsection and the data submitted
            under subsection (e)(6) a process to validate such measures and
            data, as appropriate, which may be similar to the process
            specified in section 1886(b)(3)(B)(viii)(XI) for validating
            inpatient hospital measures.
                ``(B) Funding.--For purposes of carrying out this
            paragraph, the Secretary shall provide for the transfer, from
            the Federal Hospital Insurance Trust Fund established under
            section 1817, of $5,000,000 to the Centers for Medicare &
            Medicaid Services Program Management Account for each of fiscal
            years 2023 through 2025, to remain available until expended.''.
        (b) Report by MedPAC.--Not later than March 15, 2022, the Medicare
    Payment Advisory Commission shall submit to Congress a report on
    establishing a prototype value-based payment program under a unified
    prospective payment system for post-acute care services under the
    Medicare program under title XVIII of the Social Security Act (42
    U.S.C. 1395 et seq.). Such report--
            (1) shall--
                (A) consider design elements such as--
                    (i) measures that are important to the Medicare program
                and to beneficiaries under such program;
                    (ii) methodologies for scoring provider performance and
                effects on payment; and
                    (iii) other elements determined appropriate by the
                Commission; and
                (B) analyze the effects of implementing such prototype
            program; and
            (2) may--
                (A) discuss the possible effects, with respect to the
            Medicare program, on program spending, post-acute care
            providers, patient outcomes, and other effects determined
            appropriate by the Commission; and
                (B) include recommendations with respect to such prototype
            program, as determined appropriate by the Commission, to
            Congress and the Secretary of Health and Human Services.
        SEC. 112. PROVIDING THE MEDICARE PAYMENT ADVISORY COMMISSION AND
          MEDICAID AND CHIP PAYMENT AND ACCESS COMMISSION WITH ACCESS TO
          CERTAIN DRUG PAYMENT INFORMATION, INCLUDING CERTAIN REBATE
          INFORMATION.
        (a) Access to Certain Part D Payment Data.--Section 1860D-15(f) of
    the Social Security Act (42 U.S.C. 1395w-115(f)) is amended--
            (1) in paragraph (2)--
                (A) in subparagraph (A)(ii), by striking ``and'' at the
            end;
                (B) in subparagraph (B), by striking the period at the end
            and inserting ``; and''; and
                (C) by inserting at the end the following new subparagraph:
                ``(C) by the Executive Director of the Medicare Payment
            Advisory Commission for purposes of monitoring, making
            recommendations for, and analysis of the program under this
            title and by the Executive Director of the Medicaid and CHIP
            Payment and Access Commission for purposes of monitoring,
            making recommendations for, and analysis of the Medicaid
            program established under title XIX and the Children's Health
            Insurance Program under title XXI.''; and
            (2) by adding at the end the following new paragraph:
            ``(3) Additional restrictions on disclosure of information.--
                ``(A) In general.--The Executive Directors described in
            paragraph (2)(C) shall not disclose any of the following
            information disclosed to such Executive Directors or obtained
            by such Executive Directors pursuant to such paragraph, with
            respect to a prescription drug plan offered by a PDP sponsor or
            an MA-PD plan offered by an MA organization:
                    ``(i) The specific amounts or the identity of the
                source of any rebates, discounts, price concessions, or
                other forms of direct or indirect remuneration under such
                prescription drug plan or such MA-PD plan.
                    ``(ii) Information submitted with the bid submitted
                under section 1860D-11(b) by such PDP sponsor or under
                section 1854(a) by such MA organization.
                    ``(iii) In the case of such information from
                prescription drug event records, information in a form that
                would not be permitted under section 423.505(m) of title
                42, Code of Federal Regulations, or any successor
                regulation, if released by the Centers for Medicare &
                Medicaid Services.
                ``(B) Clarification.--The restrictions on disclosures
            described in subparagraph (A) shall also apply to disclosures
            to individual Commissioners of the Medicare Payment Advisory
            Commission or of the Medicaid and CHIP Payment and Access
            Commission.''.
        (b) Access to Certain Rebate and Payment Data Under Medicare and
    Medicaid.--Section 1927(b)(3)(D) of the Social Security Act (42 U.S.C.
    1396r-8(b)(3)(D)) is amended--
            (1) in the matter before clause (i), by striking ``subsection
        (a)(6)(A)(ii)'' and inserting ``subsection (a)(6)(A)'';
            (2) in clause (v), by striking ``and'' at the end;
            (3) in clause (vi), by striking the period at the end and
        inserting ``, and'';
            (4) by inserting after clause (vi) the following new clause:
                    ``(vii) to permit the Executive Director of the
                Medicare Payment Advisory Commission and the Executive
                Director of the Medicaid and CHIP Payment and Access
                Commission to review the information provided.'';
            (5) in the matter at the end, by striking ``1860D-4(c)(2)(E)''
        and inserting ``1860D-4(c)(2)(G)''; and
            (6) by adding at the end the following new sentences: ``Any
        information disclosed to the Executive Director of the Medicare
        Payment Advisory Commission or the Executive Director of the
        Medicaid and CHIP Payment and Access Commission pursuant to this
        subparagraph shall not be disclosed by either such Executive
        Director in a form which discloses the identity of a specific
        manufacturer or wholesaler or prices charged for drugs by such
        manufacturer or wholesaler. Such information also shall not be
        disclosed by either such Executive Director to individual
        Commissioners of the Medicare Payment Advisory Commission or of the
        Medicaid and CHIP Payment and Access Commission in a form which
        discloses the identity of a specific manufacturer or wholesaler or
        prices charged for drugs by such manufacturer or wholesaler.''.
        SEC. 113. MORATORIUM ON PAYMENT UNDER THE MEDICARE PHYSICIAN FEE
          SCHEDULE OF THE ADD ON CODE FOR INHERENTLY COMPLEX EVALUATION AND
          MANAGEMENT VISITS.
        (a) In General.--The Secretary of Health and Human Services may
    not, prior to January 1, 2024, make payment under the fee schedule
    under section 1848 of the Social Security Act (42 U.S.C. 1395w-4) for
    services described by Healthcare Common Procedure Coding System (HCPCS)
    code G2211 (or any successor or substantially similar code), as
    described in section II.F. of the final rule filed by the Secretary
    with the Office of the Federal Register for public inspection on
    December 2, 2020, and entitled ``Medicare Program; CY 2021 Payment
    Policies under the Physician Fee Schedule and Other Changes to Part B
    Payment Policies; Medicare Shared Savings Program Requirements;
    Medicaid Promoting Interoperability Program Requirements for Eligible
    Professionals; Quality Payment Program; Coverage of Opioid Use Disorder
    Services Furnished by Opioid Treatment Programs; Medicare Enrollment of
    Opioid Treatment Programs; Electronic Prescribing for Controlled
    Substances for a Covered Part D Drug; Payment for Office/Outpatient
    Evaluation and Management Services; Hospital IQR Program; Establish New
    Code Categories; Medicare Diabetes Prevention Program (MDPP) Expanded
    Model Emergency Policy; Coding and Payment for Virtual Check-in
    Services Interim Final Rule Policy; Coding and Payment for Personal
    Protective Equipment (PPE) Interim Final Rule Policy; Regulatory
    Revisions in Response to the Public Health Emergency (PHE) for COVID-
    19; and Finalization of Certain Provisions from the March 31st , May
    8th and September 2nd Interim Final Rules in Response to the PHE for
    COVID-19''.
        (b) Implementation.--Notwithstanding any other provision of law,
    the Secretary may implement this section by interim final rule, program
    instruction, or otherwise.
        SEC. 114. TEMPORARY FREEZE OF APM PAYMENT INCENTIVE THRESHOLDS.
        (a) In General.--Section 1833(z)(2) of the Social Security Act (42
    U.S.C. 1395l(z)(2)) is amended--
            (1) in subparagraph (B)--
                (A) in the heading, by striking ``and 2022'' and inserting
            ``through 2024''; and
                (B) in the matter preceding clause (i), by striking ``2021
            and 2022'' and inserting ``each of 2021 through 2024'';
            (2) in subparagraph (C)--
                (A) in the heading, by striking ``2023'' and inserting
            ``2025''; and
                (B) in the matter preceding clause (i), by striking
            ``2023'' and inserting ``2025''; and
            (3) in subparagraph (D), by adding at the end the following:
        ``With respect to 2023 and 2024, the Secretary shall use the same
        percentage criteria for counts of patients that are used in
        2022.''.
        (b) Partial Qualifying APM Participant Modifications.--Section
    1848(q)(1)(C)(iii) of the Social Security Act (42 U.S.C. 1395w-
    4(q)(1)(C)(iii)) is amended--
            (1) in subclause (II), in the matter preceding item (aa), by
        striking ``2021 and 2022'' and inserting ``each of 2021 through
        2024''; and
            (2) in subclause (III), in the matter preceding item (aa), by
        striking ``2023'' and inserting ``2025''.
        (c) Effective Date.--The amendments made by this section shall take
    effect on the date of the enactment of this Act.
        SEC. 115. PERMITTING OCCUPATIONAL THERAPISTS TO CONDUCT THE INITIAL
          ASSESSMENT VISIT AND COMPLETE THE COMPREHENSIVE ASSESSMENT WITH
          RESPECT TO CERTAIN REHABILITATION SERVICES FOR HOME HEALTH
          AGENCIES UNDER THE MEDICARE PROGRAM.
        Not later than January 1, 2022, the Secretary of Health and Human
    Services shall revise subsections (a)(2) and (b)(3) of section 484.55
    of title 42, Code of Federal Regulations, or a successor regulation, to
    permit an occupational therapist to conduct the initial assessment
    visit and to complete the comprehensive assessment (as such terms are
    described in such subsections, respectively) for home health services
    for an individual under title XVIII of the Social Security Act (42
    U.S.C. 1395 et seq.) if the home health plan of care for such
    individual--
            (1) does not initially include skilled nursing care;
            (2) includes occupational therapy; and
            (3) includes physical therapy or speech language pathology.
        SEC. 116. CENTERS FOR MEDICARE & MEDICAID SERVICES PROVIDER
          OUTREACH AND REPORTING ON COGNITIVE ASSESSMENT AND CARE PLAN
          SERVICES.
        (a) Outreach.--The Secretary of Health and Human Services (in this
    section referred to as the ``Secretary'') shall conduct outreach to
    physicians and appropriate non-physician practitioners participating
    under the Medicare program under title XVIII of the Social Security Act
    (42 U.S.C. 1395 et seq.) with respect to Medicare payment for cognitive
    assessment and care plan services furnished to individuals with
    cognitive impairment such as Alzheimer's disease and related dementias,
    identified as of January 1, 2018, by HCPCS code 99483, or any successor
    to such code (in this section referred to as ``cognitive assessment and
    care plan services''). Such outreach shall include a comprehensive,
    one-time education initiative to inform such physicians and
    practitioners of the addition of such services as a covered benefit
    under the Medicare program, including the requirements for eligibility
    for such services.
        (b) Reports.--
            (1) HHS report on provider outreach.--Not later than one year
        after the date of enactment of this Act, the Secretary of Health
        and Human Services shall submit to the Committee on Ways and Means
        and the Committee on Energy and Commerce of the House of
        Representatives and the Committee on Finance of the Senate a report
        on the outreach conducted under subsection (a). Such report shall
        include a description of the methods used for such outreach.
            (2) GAO report on utilization rates.--Not later than 3 years
        after such date of enactment, the Comptroller General of the United
        States shall submit to the Committee on Ways and Means and the
        Committee on Energy and Commerce of the House of Representatives
        and the Committee on Finance of the Senate a report on the number
        of Medicare beneficiaries who were furnished cognitive assessment
        and care plan services for which payment was made under title XVIII
        of the Social Security Act (42 U.S.C. 1395 et seq.). Such report
        shall include information on barriers Medicare beneficiaries face
        to access such services, and recommendations for such legislative
        and administrative action as the Comptroller General deems
        appropriate.
        SEC. 117. CONTINUED COVERAGE OF CERTAIN TEMPORARY TRANSITIONAL HOME
          INFUSION THERAPY SERVICES.
        (a) In General.--Section 1861(iii)(3)(C) of the Social Security Act
    (42 U.S.C. 1395x(iii)(3)(C)) is amended by inserting after clause (ii)
    the following flush sentence:
        ``Clause (ii) shall not apply to a self-administered drug or
        biological on a self-administered drug exclusion list if such drug
        or biological was included as a transitional home infusion drug
        under subparagraph (A)(iii) of section 1834(u)(7) and was
        identified by a HCPCS code described in subparagraph (C)(ii) of
        such section.''.
        (b) Effective Date.--The amendment made by subsection (a) shall
    apply to items and services furnished on or after January 1, 2021.
        (c) Implementation.--Notwithstanding any other provision of law,
    the Secretary of Health and Human Services may implement the amendment
    made by subsection (a) by interim final rule, program instruction, or
    otherwise.
        SEC. 118. TRANSITIONAL COVERAGE AND RETROACTIVE MEDICARE PART D
          COVERAGE FOR CERTAIN LOW-INCOME BENEFICIARIES.
        Section 1860D-14 of the Social Security Act (42 U.S.C. 1395w-114)
    is amended--
            (1) by redesignating subsection (e) as subsection (f); and
            (2) by adding after subsection (d) the following new
        subsection:
        ``(e) Limited Income Newly Eligible Transition Program.--
            ``(1) In general.--Beginning not later than January 1, 2024,
        the Secretary shall carry out a program to provide transitional
        coverage for covered part D drugs for LI NET eligible individuals
        in accordance with this subsection.
            ``(2) LI net eligible individual defined.--For purposes of this
        subsection, the term `LI NET eligible individual' means a part D
        eligible individual who--
                ``(A) meets the requirements of clauses (ii) and (iii) of
            subsection (a)(3)(A); and
                ``(B) has not yet enrolled in a prescription drug plan or
            an MA-PD plan, or, who has so enrolled, but with respect to
            whom coverage under such plan has not yet taken effect.
            ``(3) Transitional coverage.--For purposes of this subsection,
        the term `transitional coverage' means with respect to an LI NET
        eligible individual--
                ``(A) immediate access to covered part D drugs at the point
            of sale during the period that begins on the first day of the
            month such individual is determined to meet the requirements of
            clauses (ii) and (iii) of subsection (a)(3)(A) and ends on the
            date that coverage under a prescription drug plan or MA-PD plan
            takes effect with respect to such individual; and
                ``(B) in the case of an LI NET eligible individual who is a
            full-benefit dual eligible individual (as defined in section
            1935(c)(6)) or a recipient of supplemental security income
            benefits under title XVI, retroactive coverage (in the form of
            reimbursement of the amounts that would have been paid under
            this part had such individual been enrolled in a prescription
            drug plan or MA-PD plan) of covered part D drugs purchased by
            such individual during the period that begins on the date that
            is the later of--
                    ``(i) the date that such individual was first eligible
                for a low-income subsidy under this part; or
                    ``(ii) the date that is 36 months prior to the date
                such individual enrolls in a prescription drug plan or MA-
                PD plan,
            and ends on the date that coverage under such plan takes
            effect.
            ``(4) Program administration.--
                ``(A) Point of contact.--The Secretary shall, as determined
            appropriate by the Secretary, administer the program under this
            subsection through a contract with a single program
            administrator.
                ``(B) Benefit design.--The Secretary shall ensure that the
            transitional coverage provided to LI NET eligible individuals
            under this subsection--
                    ``(i) provides access to all covered part D drugs under
                an open formulary;
                    ``(ii) permits all pharmacies determined by the
                Secretary to be in good standing to process claims under
                the program;
                    ``(iii) is consistent with such requirements as the
                Secretary considers necessary to improve patient safety and
                ensure appropriate dispensing of medication; and
                    ``(iv) meets such other requirements as the Secretary
                may establish.
            ``(5) Relationship to other provisions of this title; waiver
        authority.--
                ``(A) In general.--The following provisions shall not apply
            with respect to the program under this subsection:
                    ``(i) Paragraphs (1) and (3)(B) of section 1860D-4(a)
                (relating to dissemination of general information;
                availability of information on changes in formulary through
                the internet).
                    ``(ii) Subparagraphs (A) and (B) of section 1860D-
                4(b)(3) (relating to requirements on development and
                application of formularies; formulary development).
                    ``(iii) Paragraphs (1)(C) and (2) of section 1860D-4(c)
                (relating to medication therapy management program).
                ``(B) Waiver authority.--The Secretary may waive such other
            requirements of title XI and this title as may be necessary to
            carry out the purposes of the program established under this
            subsection.
            ``(6) Contracting authority.--The authority vested in the
        Secretary by this subsection may be performed without regard to
        such provisions of law or regulations relating to the making,
        performance, amendment, or modification of contracts of the United
        States as the Secretary may determine to be inconsistent with the
        furtherance of the purpose of this title.''.
        SEC. 119. INCREASING THE USE OF REAL-TIME BENEFIT TOOLS TO LOWER
          BENEFICIARY COSTS.
        (a) Requiring Prescription Drug Plan Sponsors and Medicare
    Advantage Organizations To Include Real-Time Benefit Information Under
    Medicare Part D.--Section 1860D-4 of the Social Security Act (42 U.S.C.
    1395w-104) is amended--
            (1) by redesignating subsection (m) (relating to program
        integrity transparency measures), as added by section 6063(c) of
        the Substance Use-Disorder Prevention that Promotes Opioid Recovery
        and Treatment for Patients and Communities Act (Public Law 115-
        271), as subsection (n); and
            (2) by adding at the end the following new subsection:
        ``(o) Real-Time Benefit Information.--
            ``(1) In general.--After the Secretary has adopted a standard
        under paragraph (3) for electronic real-time benefit tools, and at
        a time determined appropriate by the Secretary, a PDP sponsor of a
        prescription drug plan shall implement one or more of such tools
        that meet the requirements described in paragraph (2).
            ``(2) Requirements.--For purposes of paragraph (1), the
        requirements described in this paragraph, with respect to an
        electronic real-time benefit tool, are that the tool is capable
        of--
                ``(A) integrating with electronic prescribing and
            electronic health record systems of prescribing health care
            professionals for the transmission of formulary and benefit
            information in real time to such professionals; and
                ``(B) with respect to a covered part D drug, transmitting
            such information specific to an individual enrolled in a
            prescription drug plan, including the following:
                    ``(i) A list of any clinically-appropriate alternatives
                to such drug included in the formulary of such plan.
                    ``(ii) Cost-sharing information and the negotiated
                price for such drug and such alternatives at multiple
                pharmacy options, including the individual's preferred
                pharmacy and, as applicable, other retail pharmacies and a
                mail order pharmacy.
                    ``(iii) The formulary status of such drug and such
                alternatives and any prior authorization or other
                utilization management requirements applicable to such drug
                and such alternatives included in the formulary of such
                plan.
            ``(3) Standards.--In order to be treated (for purposes of this
        subsection) as an electronic real-time benefit tool described in
        paragraph (1), such tool shall comply with technical standards
        adopted by the Secretary in consultation with the National
        Coordinator for Health Information Technology through notice and
        comment rulemaking. Such technical standards adopted by the
        Secretary shall be developed by a standards development
        organization, such as the National Council for Prescription Drug
        Programs, that consults with stakeholders such as PDP sponsors,
        Medicare Advantage organizations, beneficiary advocates, health
        care professionals, and health information technology software
        vendors.
            ``(4) Rules of construction.--Nothing in this subsection shall
        be construed--
                ``(A) to prohibit the application of paragraph (b)(7) of
            section 423.160 of title 42, Code of Federal Regulations, as is
            to be added to such section pursuant to the final rule
            published in the Federal Register on May 23, 2019, and titled
            `Modernizing Part D and Medicare Advantage To Lower Drug Prices
            and Reduce Out-of-Pocket Expenses' (84 Fed. Reg. 23832 through
            23884); or
                ``(B) to allow a PDP sponsor to use a real-time benefit
            tool to steer an individual, without the consent of the
            individual, to a particular pharmacy or pharmacy type over
            their preferred pharmacy or pharmacy type nor prohibit the
            designation of an individual's preferred pharmacy under such
            tool.''.
        (b) Requiring Qualified Electronic Health Records To Include Real-
    Time Benefit Tools.--Section 3000(13) of the Public Health Service Act
    (42 U.S.C. 300jj(13)) is amended--
            (1) in subparagraph (A), by striking ``and'' at the end;
            (2) in subparagraph (B), by striking the period and inserting
        ``; and''; and
            (3) by adding at the end the following:
                ``(C) includes, or is capable of including, a real-time
            benefit tool that conveys patient-specific real-time cost and
            coverage information with respect to prescription drugs that,
            with respect to any health information technology certified for
            electronic prescribing, the technology shall be capable of
            incorporating the information described in clauses (i) through
            (iii) of paragraph (2)(B) of section 1860D-4(o) of the Social
            Security Act at a time specified by the Secretary but not
            before the Secretary adopts a standard for such tools as
            described in paragraph (1) of such section.''.
        (c) Inclusion of Use of Real-Time Electronic Information in Shared
    Decision-Making Under MIPS.--Section 1848(q)(2)(B)(iii)(IV) of the
    Social Security Act (42 U.S.C. 1395w-4(q)(2)(B)(iii)(IV)) is amended by
    adding at the end the following new sentences: ``This subcategory shall
    include as an activity, for performance periods beginning on or after
    January 1, 2022, use of a real-time benefit tool as described in
    section 1860D-4(o). The Secretary may establish this activity as a
    standalone or as a component of another activity.''.
        SEC. 120. BENEFICIARY ENROLLMENT SIMPLIFICATION.
        (a) Beneficiary Enrollment Simplification.--
            (1) Effective date of coverage.--Section 1838(a) of the Social
        Security Act (42 U.S.C. 1395q(a)) is amended--
                (A) by amending paragraph (2) to read as follows:
            ``(2)(A) in the case of an individual who enrolls pursuant to
        subsection (d) of section 1837 before the month in which he first
        satisfies paragraph (1) or (2) of section 1836(a), the first day of
        such month,
            ``(B) in the case of an individual who first satisfies such
        paragraph in a month beginning before January 2023 and who enrolls
        pursuant to such subsection (d)--
                ``(i) in such month in which he first satisfies such
            paragraph, the first day of the month following the month in
            which he so enrolls,
                ``(ii) in the month following such month in which he first
            satisfies such paragraph, the first day of the second month
            following the month in which he so enrolls, or
                ``(iii) more than one month following such month in which
            he satisfies such paragraph, the first day of the third month
            following the month in which he so enrolls,
            ``(C) in the case of an individual who first satisfies such
        paragraph in a month beginning on or after January 1, 2023, and who
        enrolls pursuant to such subsection (d) in such month in which he
        first satisfies such paragraph or in any subsequent month of his
        initial enrollment period, the first day of the month following the
        month in which he so enrolls, or
            ``(D) in the case of an individual who enrolls pursuant to
        subsection (e) of section 1837 in a month beginning--
                ``(i) before January 1, 2023, the July 1 following the
            month in which he so enrolls; or
                ``(ii) on or after January 1, 2023, the first day of the
            month following the month in which he so enrolls; or''; and
                (B) by amending paragraph (3) to read as follows:
            ``(3) in the case of an individual who is deemed to have
        enrolled--
                ``(A) on or before the last day of the third month of his
            initial enrollment period, the first day of the month in which
            he first meets the applicable requirements of section 1836(a)
            or July 1, 1973, whichever is later, or
                ``(B) on or after the first day of the fourth month of his
            initial enrollment period, and where such month begins--
                    ``(i) before January 1, 2023, as prescribed under
                subparagraphs (B)(i), (B)(ii), (B)(iii), and (D)(i) of
                paragraph (2), or
                    ``(ii) on or after January 1, 2023, as prescribed under
                subparagraphs (C) and (D)(ii) of paragraph (2).''.
            (2) Special enrollment periods for exceptional circumstances.--
                (A) Enrollment.--Section 1837 of the Social Security Act
            (42 U.S.C. 1395p) is amended by adding at the end the following
            new subsection:
        ``(m) Beginning January 1, 2023, the Secretary may establish
    special enrollment periods in the case of individuals who satisfy
    paragraph (1) or (2) of section 1836(a) and meet such exceptional
    conditions as the Secretary may provide.''.
                (B) Coverage period.--Section 1838 of the Social Security
            Act (42 U.S.C. 1395q) is amended by adding at the end the
            following new subsection:
        ``(g) Notwithstanding subsection (a), in the case of an individual
    who enrolls during a special enrollment period pursuant to section
    1837(m), the coverage period shall begin on a date the Secretary
    provides in a manner consistent (to the extent practicable) with
    protecting continuity of health benefit coverage.''.
                (C) Conforming amendment.--Title XVIII of the Social
            Security Act (42 U.S.C. 1395 et seq.) is amended--
                    (i) in section 1818A(c)(3), by striking ``subsections
                (h) and (i) of section 1837'' and inserting ``subsections
                (h), (i), and (m) of section 1837''; and
                    (ii) in section 1839(b), in the first sentence, by
                striking ``or (l)'' and inserting ``, (l), or (m)''.
            (3) Technical correction.--Section 1839(b) of the Social
        Security Act (42 U.S.C. 1395r(b)) is amended by adding at the end
        the following new sentence: ``For purposes of determining any
        increase under this subsection for individuals whose enrollment
        occurs on or after January 1, 2023, the second sentence of this
        subsection shall be applied by substituting `close of the month'
        for `close of the enrollment period' each place it appears.''.
            (4) Report.--Not later than January 1, 2023, the Secretary of
        Health and Human Services shall submit to the Committee on Ways and
        Means and Committee on Energy and Commerce of the House of
        Representatives and the Committee on Finance and Special Committee
        on Aging of the Senate a report on how to align existing Medicare
        enrollment periods under title XVIII of the Social Security Act,
        including the general enrollment period under part B of such title
        and the annual, coordinated election period under the Medicare
        Advantage program under part C of such title and under the
        prescription drug program under part D of such title. Such report
        shall include recommendations consistent with the goals of
        maximizing coverage continuity and choice and easing beneficiary
        transition.
        (b) Funding.--Section 1808 of the Social Security Act (42 U.S.C.
    1395b-9) is amended by adding the end the following new subsection:
        ``(e) Funding for Implementation of Beneficiary Enrollment
    Simplification.--For purposes of carrying out the provisions of and the
    amendments made by section 120 of division CC of the Consolidated
    Appropriations Act, 2021, the Secretary shall provide for the transfer,
    from the Federal Hospital Insurance Trust Fund under section 1817 and
    the Federal Supplementary Medical Insurance Trust Fund under section
    1841 (in such proportion as the Secretary determines appropriate), to
    the Centers for Medicare & Medicaid Services Program Management
    Account, of $2,000,000 for each of fiscal years 2021 through 2030, to
    remain available until expended.''.
        SEC. 121. WAIVING BUDGET NEUTRALITY FOR OXYGEN UNDER THE MEDICARE
          PROGRAM.
        (a) In General.--Section 1834(a)(9)(D)(ii) of the Social Security
    Act (42 U.S.C. 1395m(a)(9)(D)(ii)), with application of subsection (b),
    is amended by adding at the end the following new sentence: ``The
    requirement of the preceding sentence shall not apply beginning with
    the second calendar quarter beginning on or after the date of the
    enactment of this sentence.''.
        (b) Technical Correction.--
            (1) In general.--Section 4552(b) of the Balanced Budget Act of
        1997 (Public Law 105-33) is amended by striking ``section
        1848(a)(9)'' and inserting ``section 1834(a)(9)''.
            (2) Effective date.--The amendment made by paragraph (1) shall
        take effect as if included in the enactment of the Balanced Budget
        Act of 1997 (Public Law 105-33).
        (c) Implementation.--Notwithstanding any other provision of law,
    the Secretary of Health and Human Services may implement the amendments
    made by this section by program instruction or otherwise.
        SEC. 122. WAIVING MEDICARE COINSURANCE FOR CERTAIN COLORECTAL
          CANCER SCREENING TESTS.
        (a) In General.--Section 1833(a) of the Social Security Act (42
    U.S.C. 1395l(a)) is amended--
            (1) in the second sentence, by striking ``section 1834(0)'' and
        inserting ``section 1834(o)'';
            (2) by moving such second sentence 2 ems to the left; and
            (3) by inserting the following third sentence following such
        second sentence: ``For services furnished on or after January 1,
        2022, paragraph (1)(Y) shall apply with respect to a colorectal
        cancer screening test regardless of the code that is billed for the
        establishment of a diagnosis as a result of the test, or for the
        removal of tissue or other matter or other procedure that is
        furnished in connection with, as a result of, and in the same
        clinical encounter as the screening test.''.
        (b) Special Coinsurance Rule for Certain Tests.--Section 1833 of
    the Social Security Act (42 U.S.C. 1395l) is amended--
            (1) in subsection (a)(1)(Y), by inserting ``subject to
        subsection (dd),'' before ``with respect to''; and
            (2) by adding at the end the following new subsection:
        ``(dd) Special Coinsurance Rule for Certain Colorectal Cancer
    Screening Tests.--
            ``(1) In general.--In the case of a colorectal cancer screening
        test to which paragraph (1)(Y) of subsection (a) would not apply
        but for the third sentence of such subsection that is furnished
        during a year beginning on or after January 1, 2022, and before
        January 1, 2030, the amount paid shall be equal to the specified
        percent (as defined in paragraph (2)) for such year of the lesser
        of the actual charge for the service or the amount determined under
        the fee schedule that applies to such test under this part (or, in
        the case such test is a covered OPD service (as defined in
        subsection (t)(1)(B)), the amount determined under subsection (t)).
            ``(2) Specified percent defined.--For purposes of paragraph
        (1), the term `specified percent' means--
                ``(A) for 2022, 80 percent;
                ``(B) for 2023 through 2026, 85 percent; and
                ``(C) for 2027 through 2029, 90 percent.''.
        (c) Conforming Amendments.--Paragraphs (2) and (3) of section
    1834(d) of the Social Security Act (42 U.S.C. 1395m(d)) are each
    amended--
            (1) in subparagraph (C)(ii), in the matter preceding subclause
        (I), by striking ``Notwithstanding'' and inserting ``Subject to
        section 1833(a)(1)(Y), but notwithstanding''; and
            (2) in subparagraph (D), by striking ``If during'' and
        inserting ``Subject to section 1833(a)(1)(Y), if during''.
        SEC. 123. EXPANDING ACCESS TO MENTAL HEALTH SERVICES FURNISHED
          THROUGH TELEHEALTH.
        (a) Treatment of Mental Health Services Furnished Through
    Telehealth.--Paragraph (7) of section 1834(m) of the Social Security
    Act (42 U.S.C. 1395m(m)) is amended--
            (1) by striking ``disorder services furnished through
        telehealth.--The geographic'' and inserting ``disorder services and
        mental health services furnished through telehealth.--
                ``(A) In general.--The geographic'';
            (2) in subparagraph (A), as added by paragraph (1), by
        inserting ``or, on or after the first day after the end of the
        emergency period described in section 1135(g)(1)(B), subject to
        subparagraph (B), to an eligible telehealth individual for purposes
        of diagnosis, evaluation, or treatment of a mental health disorder,
        as determined by the Secretary,'' after ``as determined by the
        Secretary,''; and
            (3) by adding at the end the following new subparagraph:
                ``(B) Requirements for mental health services furnished
            through telehealth.--
                    ``(i) In general.--Payment may not be made under this
                paragraph for telehealth services furnished by a physician
                or practitioner to an eligible telehealth individual for
                purposes of diagnosis, evaluation, or treatment of a mental
                health disorder unless such physician or practitioner
                furnishes an item or service in person, without the use of
                telehealth, for which payment is made under this title (or
                would have been made under this title if such individual
                were entitled to, or enrolled for, benefits under this
                title at the time such item or service is furnished)--

                        ``(I) within the 6-month period prior to the first
                    time such physician or practitioner furnishes such a
                    telehealth service to the eligible telehealth
                    individual; and
                        ``(II) during subsequent periods in which such
                    physician or practitioner furnishes such telehealth
                    services to the eligible telehealth individual, at such
                    times as the Secretary determines appropriate.

                    ``(ii) Clarification.--This subparagraph shall not
                apply if payment would otherwise be allowed--

                        ``(I) under this paragraph (with respect to
                    telehealth services furnished to an eligible telehealth
                    individual with a substance use disorder diagnosis for
                    purposes of treatment of such disorder or co-occurring
                    mental health disorder); or
                        ``(II) under this subsection without application of
                    this paragraph.''.

        (b) Implementation.--Notwithstanding any other provision of law,
    the Secretary may implement the provisions of, or amendments made by,
    this section by interim final rule, program instruction, or otherwise.
        SEC. 124. PUBLIC-PRIVATE PARTNERSHIP FOR HEALTH CARE WASTE, FRAUD,
          AND ABUSE DETECTION.
        (a) In General.--Section 1128C(a) of the Social Security Act (42
    U.S.C. 1320a-7c(a)) is amended by adding at the end the following new
    paragraph:
            ``(6) Public-private partnership for waste, fraud, and abuse
        detection.--
                ``(A) In general.--Under the program described in paragraph
            (1), there is established a public-private partnership (in this
            paragraph referred to as the `partnership') of health plans,
            Federal and State agencies, law enforcement agencies, health
            care anti-fraud organizations, and any other entity determined
            appropriate by the Secretary (in this paragraph referred to as
            `partners') for purposes of detecting and preventing health
            care waste, fraud, and abuse.
                ``(B) Contract with trusted third party.--In carrying out
            the partnership, the Secretary shall enter into a contract with
            a trusted third party for purposes of carrying out the duties
            of the partnership described in subparagraph (C).
                ``(C) Duties of partnership.--The partnership shall--
                    ``(i) provide technical and operational support to
                facilitate data sharing between partners in the
                partnership;
                    ``(ii) analyze data so shared to identify fraudulent
                and aberrant billing patterns;
                    ``(iii) conduct aggregate analyses of health care data
                so shared across Federal, State, and private health plans
                for purposes of detecting fraud, waste, and abuse schemes;
                    ``(iv) identify outlier trends and potential
                vulnerabilities of partners in the partnership with respect
                to such schemes;
                    ``(v) refer specific cases of potential unlawful
                conduct to appropriate governmental entities;
                    ``(vi) convene, not less than annually, meetings with
                partners in the partnership for purposes of providing
                updates on the partnership's work and facilitating
                information sharing between the partners;
                    ``(vii) enter into data sharing and data use agreements
                with partners in the partnership in such a manner so as to
                ensure the partnership has access to data necessary to
                identify waste, fraud, and abuse while maintaining the
                confidentiality and integrity of such data;
                    ``(viii) provide partners in the partnership with plan-
                specific, confidential feedback on any aberrant billing
                patterns or potential fraud identified by the partnership
                with respect to such partner;
                    ``(ix) establish a process by which entities described
                in subparagraph (A) may enter the partnership and
                requirements such entities must meet to enter the
                partnership;
                    ``(x) provide appropriate training, outreach, and
                education to partners based on the results of data analyses
                described in clauses (ii) and (iii); and
                    ``(xi) perform such other duties as the Secretary
                determines appropriate.
                ``(D) Substance use disorder treatment analysis.--Not later
            than 2 years after the date of the enactment of the
            Consolidated Appropriations Act, 2021, the trusted third party
            with a contract in effect under subparagraph (B) shall perform
            an analysis of aberrant or fraudulent billing patterns and
            trends with respect to providers and suppliers of substance use
            disorder treatments from data shared with the partnership.
                ``(E) Executive board.--
                    ``(i) Executive board composition.--

                        ``(I) In general.--There shall be an executive
                    board of the partnership comprised of representatives
                    of the Federal Government and representatives of the
                    private sector selected by the Secretary.
                        ``(II) Chairs.--The executive board shall be co-
                    chaired by one Federal Government official and one
                    representative from the private sector.

                    ``(ii) Meetings.--The executive board of the
                partnership shall meet at least once per year.
                    ``(iii) Executive board duties.--The duties of the
                executive board shall include the following:

                        ``(I) Providing strategic direction for the
                    partnership, including membership criteria and a
                    mission statement.
                        ``(II) Communicating with the leadership of the
                    Department of Health and Human Services and the
                    Department of Justice and the various private health
                    sector associations.

                ``(F) Reports.--Not later than January 1, 2023, and every 2
            years thereafter, the Secretary shall submit to Congress and
            make available on the public website of the Centers for
            Medicare & Medicaid Services a report containing--
                    ``(i) a review of activities conducted by the
                partnership over the 2-year period ending on the date of
                the submission of such report, including any progress to
                any objectives established by the partnership;
                    ``(ii) any savings voluntarily reported by health plans
                participating in the partnership attributable to the
                partnership during such period;
                    ``(iii) any savings to the Federal Government
                attributable to the partnership during such period;
                    ``(iv) any other outcomes attributable to the
                partnership, as determined by the Secretary, during such
                period; and
                    ``(v) a strategic plan for the 2-year period beginning
                on the day after the date of the submission of such report,
                including a description of any emerging fraud and abuse
                schemes, trends, or practices that the partnership intends
                to study during such period.
                ``(G) Funding.--The partnership shall be funded by amounts
            otherwise made available to the Secretary for carrying out the
            program described in paragraph (1).
                ``(H) Transitional provisions.--To the extent consistent
            with this subsection, all functions, personnel, assets,
            liabilities, and administrative actions applicable on the date
            before the date of the enactment of this paragraph to the
            National Fraud Prevention Partnership established on September
            17, 2012, by charter of the Secretary shall be transferred to
            the partnership established under subparagraph (A) as of the
            date of the enactment of this paragraph.
                ``(I) Nonapplicability of faca.--The provisions of the
            Federal Advisory Committee Act shall not apply to the
            partnership established by subparagraph (A).
                ``(J) Implementation.--Notwithstanding any other provision
            of law, the Secretary may implement the partnership established
            by subparagraph (A) by program instruction or otherwise.
                ``(K) Definition.--For purposes of this paragraph, the term
            `trusted third party' means an entity that--
                    ``(i) demonstrates the capability to carry out the
                duties of the partnership described in subparagraph (C);
                    ``(ii) complies with such conflict of interest
                standards determined appropriate by the Secretary; and
                    ``(iii) meets such other requirements as the Secretary
                may prescribe.''.
        (b) Potential Expansion of Public-Private Partnership Analyses.--
    Not later than 2 years after the date of the enactment of this Act, the
    Secretary of Health and Human Services shall conduct a study and submit
    to Congress a report on the feasibility of the partnership (as
    described in section 1128C(a)(6) of the Social Security Act, as added
    by subsection (a)) establishing a system to conduct real-time data
    analysis to proactively identify ongoing as well as emergent fraud
    trends for the entities participating in the partnership and provide
    such entities with real-time feedback on potentially fraudulent claims.
    Such report shall include the estimated cost of and any potential
    barriers to the partnership establishing such a system.
        SEC. 125. MEDICARE PAYMENT FOR RURAL EMERGENCY HOSPITAL SERVICES.
        (a) In General.--
            (1) Definitions.--Section 1861 of the Social Security Act (42
        U.S.C. 1395x) is amended--
                (A) in subsection (e), in the last sentence of the matter
            following paragraph (9), by inserting ``or a rural emergency
            hospital (as defined in subsection (kkk)(2))'' before the
            period at the end; and
                (B) by adding at the end the following subsection:

         ``Rural Emergency Hospital Services; Rural Emergency Hospital

        ``(kkk)(1) Rural Emergency Hospital Services.--
            ``(A) In general.--The term `rural emergency hospital services
        ' means the following services furnished by a rural emergency
        hospital (as defined in paragraph (2)) that do not exceed an annual
        per patient average of 24 hours in such rural emergency hospital:
                ``(i) Emergency department services and observation care.
                ``(ii) At the election of the rural emergency hospital,
            with respect to services furnished on an outpatient basis,
            other medical and health services as specified by the Secretary
            through rulemaking.
            ``(B) Staffed emergency department.--For purposes of
        subparagraph (A)(i), an emergency department of a rural emergency
        hospital shall be considered a staffed emergency department if it
        meets the following requirements:
                ``(i) The emergency department is staffed 24 hours a day, 7
            days a week.
                ``(ii) A physician (as defined in section 1861(r)(1)),
            nurse practitioner, clinical nurse specialist, or physician
            assistant (as those terms are defined in section 1861(aa)(5))
            is available to furnish rural emergency hospital services in
            the facility 24 hours a day.
                ``(iii) Applicable staffing and staffing responsibilities
            under section 485.631 of title 42, Code of Federal Regulations
            (or any successor regulation).
        ``(2) Rural Emergency Hospital.--The term `rural emergency
    hospital' means a facility described in paragraph (3) that--
            ``(A) is enrolled under section 1866(j), submits the additional
        information described in paragraph (4)(A) for purposes of such
        enrollment, and makes the detailed transition plan described in
        clause (i) of such paragraph available to the public, in a form and
        manner determined appropriate by the Secretary;
            ``(B) does not provide any acute care inpatient services, other
        than those described in paragraph (6)(A);
            ``(C) has in effect a transfer agreement with a level I or
        level II trauma center;
            ``(D) meets--
                ``(i) licensure requirements as described in paragraph (5);
                ``(ii) the requirements of a staffed emergency department
            as described in paragraph (1)(B);
                ``(iii) such staff training and certification requirements
            as the Secretary may require;
                ``(iv) conditions of participation applicable to--
                    ``(I) critical access hospitals, with respect to
                emergency services under section 485.618 of title 42, Code
                of Federal Regulations (or any successor regulation); and
                    ``(II) hospital emergency departments under this title,
                as determined applicable by the Secretary;
                ``(v) such other requirements as the Secretary finds
            necessary in the interest of the health and safety of
            individuals who are furnished rural emergency hospital
            services; and
                ``(vi) in the case where the rural emergency hospital
            includes a distinct part unit of the facility that is licensed
            as a skilled nursing facility, such distinct part meets the
            requirements applicable to skilled nursing facilities under
            this title.
        ``(3) Facility Described.--A facility described in this paragraph
    is a facility that as of the date of the enactment of this subsection--
            ``(A) was a critical access hospital; or
            ``(B) was a subsection (d) hospital (as defined in section
        1886(d)(1)(B)) with not more than 50 beds located in a county (or
        equivalent unit of local government) in a rural area (as defined in
        section 1886(d)(2)(D)), or was a subsection (d) hospital (as so
        defined) with not more than 50 beds that was treated as being
        located in a rural area pursuant to section 1886(d)(8)(E).
        ``(4) Additional Information.--
            ``(A) Information.--For purposes of paragraph (2)(A), a
        facility that submits an application for enrollment under section
        1866(j) as a rural emergency hospital shall submit the following
        information at such time and in such form as the Secretary may
        require:
                ``(i) An action plan for initiating rural emergency
            hospital services (as defined in paragraph (1)), including a
            detailed transition plan that lists the specific services that
            the facility will--
                    ``(I) retain;
                    ``(II) modify
                    ``(III) add; and
                    ``(IV) discontinue.
                ``(ii) A description of services that the facility intends
            to furnish on an outpatient basis pursuant to paragraph
            (1)(A)(ii).
                ``(iii) Information regarding how the facility intends to
            use the additional facility payment provided under section
            1834(x)(2), including a description of the services covered
            under this title that the additional facility payment would be
            supporting, such as furnishing telehealth services and
            ambulance services, including operating the facility and
            maintaining the emergency department to provide such services
            covered under this title.
                ``(iv) Such other information as the Secretary determines
            appropriate.
            ``(B) Effect of enrollment.--Such enrollment shall remain
        effective with respect to a facility until such time as--
                ``(i) the facility elects to convert back to its prior
            designation as a critical access hospital or a subsection (d)
            hospital (as defined in section 1886(d)(1)(B)), subject to
            requirements applicable under this title for such designation
            and in accordance with procedures established by the Secretary;
            or
                ``(ii) the Secretary determines the facility does not meet
            the requirements applicable to a rural emergency hospital under
            this subsection.
        ``(5) Licensure.--A facility may not operate as a rural emergency
    hospital in a State unless the facility--
            ``(A) is located in a State that provides for the licensing of
        such hospitals under State or applicable local law; and
            ``(B)(i) is licensed pursuant to such law; or
            ``(ii) is approved by the agency of such State or locality
        responsible for licensing hospitals, as meeting the standards
        established for such licensing.
        ``(6) Discretionary Authority.--A rural emergency hospital may--
            ``(A) include a unit of the facility that is a distinct part
        licensed as a skilled nursing facility to furnish post-hospital
        extended care services; and
            ``(B) be considered a hospital with less than 50 beds for
        purposes of the exception to the payment limit for rural health
        clinics under section 1833(f).
        ``(7) Quality Measurement.--
            ``(A) In general.--The Secretary shall establish quality
        measurement reporting requirements for rural emergency hospitals,
        which may include the use of a small number of claims-based
        outcomes measures or surveys of patients with respect to their
        experience in the rural emergency hospital, in accordance with the
        succeeding provisions of this paragraph.
            ``(B) Quality reporting by rural emergency hospitals.--
                ``(i) In general.--With respect to each year beginning with
            2023, (or each year beginning on or after the date that is one
            year after one or more measures are first specified under
            subparagraph (C)), a rural emergency hospital shall submit data
            to the Secretary in accordance with clause (ii).
                ``(ii) Submission of quality data.--With respect to each
            such year, a rural emergency hospital shall submit to the
            Secretary data on quality measures specified under subparagraph
            (C). Such data shall be submitted in a form and manner, and at
            a time, specified by the Secretary for purposes of this
            subparagraph.
            ``(C) Quality measures.--
                ``(i) In general.--Subject to clause (ii), any measure
            specified by the Secretary under this subparagraph must have
            been endorsed by the entity with a contract under section
            1890(a).
                ``(ii) Exception.--In the case of a specified area or
            medical topic determined appropriate by the Secretary for which
            a feasible and practical measure has not been endorsed by the
            entity with a contract under section 1890(a), the Secretary may
            specify a measure that is not so endorsed as long as due
            consideration is given to measures that have been endorsed or
            adopted by a consensus organization identified by the
            Secretary.
                ``(iii) Consideration of low case volume when specifying
            performance measures.--The Secretary shall, in the selection of
            measures specified under this subparagraph, take into
            consideration ways to account for rural emergency hospitals
            that lack sufficient case volume to ensure that the performance
            rates for such measures are reliable.
            ``(D) Public availability of data submitted.--The Secretary
        shall establish procedures for making data submitted under
        subparagraph (B) available to the public regarding the performance
        of individual rural emergency hospitals. Such procedures shall
        ensure that a rural emergency hospital has the opportunity to
        review, and submit corrections for, the data that is to be made
        public with respect to the rural emergency hospital prior to such
        data being made public. Such information shall be posted on the
        Internet website of the Centers for Medicare & Medicaid Services in
        an easily understandable format as determined appropriate by the
        Secretary.
        ``(8) Clarification Regarding Application of Provisions Relating to
    Off-campus Outpatient Department of a Provider.--Nothing in this
    subsection, section 1833(a)(10), or section 1834(x) shall affect the
    application of paragraph (1)(B)(v) of section 1833(t), relating to
    applicable items and services (as defined in subparagraph (A) of
    paragraph (21) of such section) that are furnished by an off-campus
    outpatient department of a provider (as defined in subparagraph (B) of
    such paragraph).
        ``(9) Implementation.--There shall be no administrative or judicial
    review under section 1869, 1878, or otherwise of the following:
            ``(A) The determination of whether a rural emergency hospital
        meets the requirements of this subsection.
            ``(B) The establishment of requirements under this subsection
        by the Secretary, including requirements described in paragraphs
        (2)(D), (4), and (7).
            ``(C) The determination of payment amounts under section
        1834(x), including the additional facility payment described in
        paragraph (2) of such section.''.
            (2) Payment for rural emergency hospital services.--
                (A) In general.--Section 1833(a) of the Social Security Act
            (42 U.S.C. 1395l(a)) is amended--
                    (i) in paragraph (8), by striking ``and'' at the end;
                    (ii) in paragraph (9), by striking the period at the
                end and inserting ``; and''; and
                    (iii) by inserting after paragraph (9) the following
                new paragraph:
            ``(10) with respect to rural emergency hospital services
        furnished on or after January 1, 2023, the amounts determined under
        section 1834(x).''.
                (B) Payment amount.--Section 1834 of the Social Security
            Act (42 U.S.C. 1395m) is amended by adding at the end the
            following subsection:
        ``(x) Payment Rules Relating to Rural Emergency Hospitals.--
            ``(1) Payment for rural emergency hospital services.--In the
        case of rural emergency hospital services (as defined in section
        1861(kkk)(1)), furnished by a rural emergency hospital (as defined
        in section 1861(kkk)(2)) on or after January 1, 2023, the amount of
        payment for such services shall be equal to the amount of payment
        that would otherwise apply under section 1833(t) for covered OPD
        services (as defined in section 1833(t)(1)(B) (other than clause
        (ii) of such section)), increased by 5 percent to reflect the
        higher costs incurred by such hospitals, and shall include the
        application of any copayment amount determined under section
        1833(t)(8) as if such increase had not occurred.
            ``(2) Additional facility payment.--
                ``(A) In general.--The Secretary shall make monthly
            payments to a rural emergency hospital in an amount that is
            equal to \1/12\ of the annual additional facility payment
            specified in subparagraph (B).
                ``(B) Annual additional facility payment amount.--The
            annual additional facility payment amount specified in this
            subparagraph is--
                    ``(i) for 2023, a Medicare subsidy amount determined
                under subparagraph (C); and
                    ``(ii) for 2024 and each subsequent year, the amount
                determined under this subparagraph for the preceding year,
                increased by the hospital market basket percentage
                increase.
                ``(C) Determination of medicare subsidy amount.--For
            purposes of subparagraph (B)(i), the Medicare subsidy amount
            determined under this subparagraph is an amount equal to--
                    ``(i) the excess (if any) of--

                        ``(I) the total amount that the Secretary
                    determines was paid under this title to all critical
                    access hospitals in 2019; over
                        ``(II) the estimated total amount that the
                    Secretary determines would have been paid under this
                    title to such hospitals in 2019 if payment were made
                    for inpatient hospital, outpatient hospital, and
                    skilled nursing facility services under the applicable
                    prospective payment systems for such services during
                    such year; divided by

                    ``(ii) the total number of such hospitals in 2019.
                ``(D) Reporting on use of the additional facility
            payment.--A rural emergency hospital receiving the additional
            facility payment under this paragraph shall maintain detailed
            information as specified by the Secretary as to how the
            facility has used the additional facility payments. Such
            information shall be made available to the Secretary upon
            request.
            ``(3) Payment for ambulance services.--For provisions relating
        to payment for ambulance services furnished by an entity owned and
        operated by a rural emergency hospital, see section 1834(l).
            ``(4) Payment for post-hospital extended care services.--For
        provisions relating to payment for post-hospital extended care
        services furnished by a rural emergency hospital that has a unit
        that is a distinct part licensed as a skilled nursing facility, see
        section 1888(e).
            ``(5) Source of payments.--
                ``(A) In general.--Except as provided in subparagraph (B),
            payments under this subsection shall be made from the Federal
            Supplementary Medical Insurance Trust Fund under section 1841.
                ``(B) Additional facility payment and post-hospital
            extended care services.--Payments under paragraph (2) shall be
            made from the Federal Hospital Insurance Trust Fund under
            section 1817.''.
        (b) Provider Agreements.--
            (1) Agreement with qio.--Section 1866(a) of the Social Security
        Act (42 U.S.C. 1395cc(a)) is amended--
                (A) in paragraph (1)(F)(ii), by inserting ``rural emergency
            hospitals,'' after ``critical access hospitals,''; and
                (B) in paragraph (3)--
                    (i) in subparagraph (A), by inserting ``rural emergency
                hospital,'' after ``critical access hospital,'';
                    (ii) in subparagraph (B), by inserting ``rural
                emergency hospital,'' after ``critical access hospital,''
                each place it appears; and
                    (iii) in subparagraph (C)(ii)(II), by inserting ``rural
                emergency hospitals,'' after ``critical access hospitals,''
                each place it appears.
            (2) Emergency medical treatment and labor act.--
                (A) Section 1866(a)(1) of the Social Security Act (42
            U.S.C. 1395cc(a)(1)) is amended--
                    (i) in subparagraph (I)--

                        (I) in the matter preceding clause (i), by striking
                    ``or critical access hospital'' and inserting ``,
                    critical access hospital, or rural emergency
                    hospital''; and
                        (II) in clause (ii), by inserting ``, critical
                    access hospital, or rural emergency hospital'' after
                    ``hospital''; and

                    (ii) in subparagraph (N)--

                        (I) in the matter preceding clause (i), by striking
                    ``and critical access hospitals'' and inserting ``,
                    critical access hospitals, and rural emergency
                    hospitals'';
                        (II) in clause (i), by striking ``or critical
                    access hospital'' and inserting ``, critical access
                    hospital, or rural emergency hospital''; and
                        (III) in clause (iv), by inserting ``, critical
                    access hospital, or rural emergency hospital'' after
                    ``hospital''.

                (B) Section 1867(e)(5) of such Act (42 U.S.C. 1395dd(e)(5))
            is amended by inserting ``and a rural emergency hospital (as
            defined in section 1861(kkk)(2))'' before the period.
        (c) Treatment as Telehealth Originating Site.--Section
    1834(m)(4)(C)(ii) of the Social Security Act (42 U.S.C.
    1395m(m)(4)(C)(ii)) is amended by adding at the end the following new
    subclause:

                        ``(XI) A rural emergency hospital (as defined in
                    section 1861(kkk)(2)).''.

        (d) Conforming Amendments.--
            (1) Section 1861(u) of the Social Security Act (42 U.S.C.
        1395x(u)) is amended by inserting ``rural emergency hospital,''
        after ``critical access hospital,''.
            (2) Section 1864 of the Social Security Act (42 U.S.C. 1395aa)
        is amended by inserting before the period at the end of the first
        sentence ``, or whether a facility is a rural emergency hospital as
        defined in section 1861(kkk)(2).
        (e) Studies and Reports.--
            (1) Studies.--The Secretary of Health and Human Services shall
        conduct 3 studies to evaluate the impact of rural emergency
        hospitals on the availability of health care and health outcomes in
        rural areas (as defined in section 1886(d)(2)(D) of the Social
        Security Act (42 U.S.C. 1395ww(d)(2)(D))). The Secretary shall
        conduct a study--
                (A) 4 years after the date of the enactment of this Act;
                (B) 7 years after the date of the enactment of this Act;
            and
                (C) 10 years after the date of the enactment of this Act.
            (2) Reports.--Not later than 6 months after each date that the
        Secretary of Health and Human Services is required to conduct a
        study under paragraph (1), the Secretary shall submit to Congress a
        report containing the results of each such study.
            (3) Funding.--For purposes of carrying out this subsection, the
        Secretary of Health and Human Services shall provide for the
        transfer, from the Federal Hospital Insurance Trust Fund under
        section 1817 of the Social Security Act (42 U.S.C. 1395i) and the
        Federal Supplementary Medical Insurance Trust Fund under section
        1841 of such Act (42 U.S.C. 1395t), in such proportion as the
        Secretary determines appropriate, to the Centers for Medicare &
        Medicaid Services Program Management Account, of $9,000,000.
        Amounts transferred under the preceding sentence shall remain
        available until expended.
        (f) MedPAC Review of Payments to Rural Emergency Hospitals.--Each
    report submitted by the Medicare Payment Advisory Commission under
    section 1805(b)(1)(C) of the Social Security Act (42 U.S.C. 1395b-
    6(b)(1)(C)) (beginning with 2024), shall include a review of payments
    to rural emergency hospitals under section 1834(x), as added by
    subsection (a).
        (g) Effective Date.--The amendments made by this section shall
    apply to items and services furnished on or after January 1, 2023.
        SEC. 126. DISTRIBUTION OF ADDITIONAL RESIDENCY POSITIONS.
        (a) In General.--Section 1886(h) of the Social Security Act (42
    U.S.C. 1395ww(h)) is amended--
            (1) in paragraph (4)(F)(i), by striking ``paragraphs (7) and
        (8)'' and inserting ``paragraphs (7), (8), and (9)'';
            (2) in paragraph (4)(H)(i), by striking ``paragraphs (7) and
        (8)'' and inserting ``paragraphs (7), (8), and (9)'';
            (3) in paragraph (7)(E), by inserting ``paragraph (9),'' after
        ``paragraph (8),''; and
            (4) by adding at the end the following new paragraph:
            ``(9) Distribution of additional residency positions.--
                ``(A) Additional residency positions.--
                    ``(i) In general.--For fiscal year 2023, and for each
                succeeding fiscal year until the aggregate number of full-
                time equivalent residency positions distributed under this
                paragraph is equal to the aggregate number of such
                positions made available (as specified in clause (ii)(I)),
                the Secretary shall, subject to the succeeding provisions
                of this paragraph, increase the otherwise applicable
                resident limit for each qualifying hospital (as defined in
                subparagraph (F)) that submits a timely application under
                this subparagraph by such number as the Secretary may
                approve effective beginning July 1 of the fiscal year of
                the increase.
                    ``(ii) Number available for distribution.--

                        ``(I) Total number available.--The aggregate number
                    of such positions made available under this paragraph
                    shall be equal to 1,000.
                        ``(II) Annual limit.--The aggregate number of such
                    positions so made available shall not exceed 200 for a
                    fiscal year.

                    ``(iii) Process for distributing positions.--

                        ``(I) Rounds of applications.--The Secretary shall
                    initiate a separate round of applications for an
                    increase under clause (i) for each fiscal year for
                    which such an increase is to be provided.
                        ``(II) Timing.--The Secretary shall notify
                    hospitals of the number of positions distributed to the
                    hospital under this paragraph as a result of an
                    increase in the otherwise applicable resident limit by
                    January 31 of the fiscal year of the increase. Such
                    increase shall be effective beginning July 1 of such
                    fiscal year.

                ``(B) Distribution.--For purposes of providing an increase
            in the otherwise applicable resident limit under subparagraph
            (A), the following shall apply:
                    ``(i) Considerations in distribution.--In determining
                for which qualifying hospitals such an increase is provided
                under subparagraph (A), the Secretary shall take into
                account the demonstrated likelihood of the hospital filling
                the positions made available under this paragraph within
                the first 5 training years beginning after the date the
                increase would be effective, as determined by the
                Secretary.
                    ``(ii) Minimum distribution for certain categories of
                hospitals.--With respect to the aggregate number of such
                positions available for distribution under this paragraph,
                the Secretary shall distribute not less than 10 percent of
                such aggregate number to each of the following categories
                of hospitals:

                        ``(I) Hospitals that are located in a rural area
                    (as defined in section 1886(d)(2)(D)) or are treated as
                    being located in a rural area pursuant to section
                    1886(d)(8)(E).
                        ``(II) Hospitals in which the reference resident
                    level of the hospital (as specified in subparagraph
                    (F)(iii)) is greater than the otherwise applicable
                    resident limit.
                        ``(III) Hospitals in States with--

                            ``(aa) new medical schools that received
                        `Candidate School' status from the Liaison
                        Committee on Medical Education or that received
                        `Pre-Accreditation' status from the American
                        Osteopathic Association Commission on Osteopathic
                        College Accreditation on or after January 1, 2000,
                        and that have achieved or continue to progress
                        toward `Full Accreditation' status (as such term is
                        defined by the Liaison Committee on Medical
                        Education) or toward `Accreditation' status (as
                        such term is defined by the American Osteopathic
                        Association Commission on Osteopathic College
                        Accreditation); or
                            ``(bb) additional locations and branch campuses
                        established on or after January 1, 2000, by medical
                        schools with `Full Accreditation' status (as such
                        term is defined by the Liaison Committee on Medical
                        Education) or `Accreditation' status (as such term
                        is defined by the American Osteopathic Association
                        Commission on Osteopathic College Accreditation).

                        ``(IV) Hospitals that serve areas designated as
                    health professional shortage areas under section
                    332(a)(1)(A) of the Public Health Service Act, as
                    determined by the Secretary.

                ``(C) Limitations.--
                    ``(i) In general.--A hospital may not receive more than
                25 additional full-time equivalent residency positions
                under this paragraph.
                    ``(ii) Prohibition on distribution to hospitals without
                an increase agreement.--No increase in the otherwise
                applicable resident limit of a hospital may be made under
                this paragraph unless such hospital agrees to increase the
                total number of full-time equivalent residency positions
                under the approved medical residency training program of
                such hospital by the number of such positions made
                available by such increase under this paragraph.
                ``(D) Application of per resident amounts for primary care
            and nonprimary care.--With respect to additional residency
            positions in a hospital attributable to the increase provided
            under this paragraph, the approved FTE per resident amounts are
            deemed to be equal to the hospital per resident amounts for
            primary care and nonprimary care computed under paragraph
            (2)(D) for that hospital.
                ``(E) Permitting facilities to apply aggregation rules.--
            The Secretary shall permit hospitals receiving additional
            residency positions attributable to the increase provided under
            this paragraph to, beginning in the fifth year after the
            effective date of such increase, apply such positions to the
            limitation amount under paragraph (4)(F) that may be aggregated
            pursuant to paragraph (4)(H) among members of the same
            affiliated group.
                ``(F) Definitions.--In this paragraph:
                    ``(i) Otherwise applicable resident limit.--The term
                `otherwise applicable resident limit' means, with respect
                to a hospital, the limit otherwise applicable under
                subparagraphs (F)(i) and (H) of paragraph (4) on the
                resident level for the hospital determined without regard
                to this paragraph but taking into account paragraphs
                (7)(A), (7)(B), (8)(A), and (8)(B).
                    ``(ii) Qualifying hospital.--The term `qualifying
                hospital' means a hospital described in any of subclauses
                (I) through (IV) of subparagraph (B)(ii).
                    ``(iii) Reference resident level.--The term `reference
                resident level' means, with respect to a hospital, the
                resident level for the most recent cost reporting period of
                the hospital ending on or before the date of enactment of
                this paragraph, for which a cost report has been settled
                (or, if not, submitted (subject to audit)), as determined
                by the Secretary.
                    ``(iv) Resident level.--The term `resident level' has
                the meaning given such term in paragraph (7)(C)(i).''.
        (b) IME.--Section 1886(d)(5)(B) of the Social Security Act (42
    U.S.C. 1395ww(d)(5)(B)) is amended--
            (1) in clause (v), in the third sentence, by striking ``and
        (h)(8)'' and inserting ``(h)(8), and (h)(9)'';
            (2) by redesignating clause (x), as added by section 5505(b) of
        the Patient Protection and Affordable Care Act (Public Law 111-
        148), as clause (xi) and moving such clause 4 ems to the left; and
            (3) by adding after clause (xi), as redesignated by
        subparagraph (A), the following new clause:
                    ``(xii) For discharges occurring on or after July 1,
                2023, insofar as an additional payment amount under this
                subparagraph is attributable to resident positions
                distributed to a hospital under subsection (h)(9), the
                indirect teaching adjustment factor shall be computed in
                the same manner as provided under clause (ii) with respect
                to such resident positions.''.
        (c) Prohibition on Judicial Review.--Section 1886(h)(7)(E) of the
    Social Security Act (42 U.S.C. 1395ww-4(h)(7)(E)) is amended by
    inserting ``paragraph (9),'' after ``paragraph (8),''.
        (d) Reports.--
            (1) In general.--Not later than September 30, 2025, and again
        not later than September 30, 2027, the Comptroller General of the
        United States (in this subsection referred to as the ``Comptroller
        General'') shall conduct a study and submit to Congress a report
        on--
                (A) the distribution of additional full-time equivalent
            resident positions under paragraph (9) of section 1886(h) of
            the Social Security Act, as added by subsection (a); and
                (B) rural track and rotator programs under such section.
            (2) Contents.--Each report described in paragraph (1) shall
        include--
                (A) a description of the distribution described in
            paragraph (1)(A) and an analysis of the use of such positions
            so distributed, including a description of the effects of such
            distribution on rural track and rotator programs;
                (B) a specification, with respect to each hospital that has
            received such a distribution, of whether such hospital has
            abided by the agreement described in paragraph (9)(C)(ii) of
            section 1886(h) of the Social Security Act, as added by
            subsection (a); and
                (C) to the extent practicable, a description of--
                    (i) the type of program in which each such position so
                distributed is being used;
                    (ii) the total number of full-time equivalent residency
                positions available in each such program;
                    (iii) the number of instances in which residents
                filling such positions so distributed treated individuals
                entitled to benefits under part A, or enrolled under part
                B, of title XVIII of the Social Security Act (42 U.S.C.
                1395 et seq.);
                    (iv) the location where each resident that filled a
                position so distributed went on to practice.
        SEC. 127. PROMOTING RURAL HOSPITAL GME FUNDING OPPORTUNITY.
        Section 1886(h)(4)(H)(iv) of the Social Security Act (42 U.S.C.
    1395ww(h)(4)(iv)) is amended--
            (1) by striking ``(iv) Nonrural Hospital Operating Training
        Programs in Rural Areas.--In the case of'' and inserting the
        following:
                    ``(iv) Training programs in rural areas.--

                        ``(I) Cost reporting periods beginning before
                    october 1, 2022.--For cost reporting periods beginning
                    before October 1, 2022, in the case of''; and

            (2) by adding at the end the following new subclause:

                        ``(II) Cost reporting periods beginning on or after
                    october 1, 2022.--For cost reporting periods beginning
                    on or after October 1, 2022, in the case of a hospital
                    not located in a rural area that established or
                    establishes a medical residency training program (or
                    rural tracks) in a rural area or establishes an
                    accredited program where greater than 50 percent of the
                    program occurs in a rural area, the Secretary shall
                    consistent with the principles of subparagraphs (F) and
                    (G) and subject to paragraphs (7) and (8), prescribe
                    rules for the application of such subparagraphs with
                    respect to such a program and, in accordance with such
                    rules, adjust in an appropriate manner the limitation
                    under subparagraph (F) for such hospital and each such
                    hospital located in a rural area that participates in
                    such a training.''.

        SEC. 128. FIVE-YEAR EXTENSION OF THE RURAL COMMUNITY HOSPITAL
          DEMONSTRATION PROGRAM.
        (a) Extension.--
            (1) In general.--Subsection (a)(5) of section 410A of the
        Medicare Prescription Drug, Improvement, and Modernization Act of
        2003 (Public Law 108-173; 42 U.S.C. 1395ww note), is amended by
        striking ``10-year extension period'' and inserting ``15-year
        extension period''.
            (2) Conforming amendments for extension.--
                (A) Extension of demonstration period.--Subsection (g) of
            such section 410A is amended--
                    (i) in the subsection heading, by striking ``Ten-Year''
                and inserting ``Fifteen-Year'';
                    (ii) in paragraph (1)--

                        (I) by striking ``additional 10-year'' and
                    inserting ``additional 15-year''; and
                        (II) by striking ``10-year extension period'' and
                    inserting ``15-year extension period'';

                    (iii) in paragraph (2), by striking ``10-year extension
                period'' and inserting ``15-year extension period'';
                    (iv) in paragraph (3), by striking ``10-year extension
                period'' and inserting ``15-year extension period'';
                    (v) in paragraph (4), by striking ``10-year extension
                period'' each place it appears and inserting ``15-year
                extension period'';
                    (vi) in paragraph (5), by striking ``10-year extension
                period'' and inserting ``15-year extension period''; and
                    (vii) in subparagraph (A) of paragraph (6), by striking
                ``10-year extension period'' and inserting ``15-year
                extension period''.
                (B) Rule for hospitals that are not original participants
            in the demonstration.--Paragraph (5) of subsection (g) of such
            section 410A is amended--
                    (i) by striking ``program.--During'' and inserting
                ``program.--
                ``(A) CURES act extension.--During''; and
                    (ii) by adding at the end the following new
                subparagraph:
                ``(B) Additional extension.--During the third 5 years of
            the 15-year extension period, the Secretary shall apply the
            provisions of paragraph (4) to rural community hospitals that
            are not described in paragraph (4) but are participating in the
            demonstration program under this section as of December 30,
            2019, in a similar manner as such provisions apply to rural
            community hospitals described in paragraph (4).''.
        (b) Clarifying Technical Amendments.--Such section 410A, as amended
    by subsection (a), is further amended--
            (1) in subsection (a)(1), by inserting ``of Health and Human
        Services'' after ``Secretary'';
            (2) in subsection (f)(1)(A)(iv) by inserting ``of the Social
        Security Act (42 U.S.C. 1395i-4)'' after ``section 1820''; and
            (3) in subsection (g)--
                (A) in the heading of paragraph (4), by striking
            ``Hospitals in demonstration program on date of enactment'' and
            inserting ``Hospitals participating in the demonstration
            program during the initial 5-year period''; and
                (B) in paragraph (6)(A), by striking ``not later than 120
            days after the date of the enactment of this paragraph'' and
            inserting ``not later than April 12, 2017''.
        SEC. 129. EXTENSION OF FRONTIER COMMUNITY HEALTH INTEGRATION
          PROJECT DEMONSTRATION.
        (a) In General.--Subsection (f) of section 123 of the Medicare
    Improvements for Patients and Providers Act of 2008 (42 U.S.C. 1395i-4
    note) is amended--
            (1) in paragraph (1), by striking ``3-year period beginning on
        October 1, 2009'' and inserting ``3-year period beginning on August
        1, 2016 (referred to in this section as the `initial period'), and
        5-year period beginning on July 1, 2021 (referred to in this
        section as the `extension period')'';
            (2) in paragraph (2)--
                (A) by striking ``project.--The demonstration'' and
            inserting ``project.--
                ``(A) Initial period.--During the initial period, the
            demonstration''; and
                (B) by adding at the end the following new subparagraph:
                ``(B) Extension period.--During the extension period, the
            demonstration project under this section shall be considered to
            have begun in a State on the date during such period on which
            the eligible counties selected to participate in the
            demonstration project under subsection (d)(3) begin operations
            in accordance with the requirements under the demonstration
            project.''; and
            (3) by adding at the end the following new paragraph:
            ``(3) Re-entry on a rolling basis for extension period.--A
        critical access hospital participating in the demonstration project
        under this section during the extension period shall begin such
        participation in the cost reporting year that begins on or after
        July 1, 2021.''.
        (b) Eligible Entities.--Subsection (d)(1) of such section 123 is
    amended--
            (1) in subparagraph (B), in the matter preceding clause (i), by
        striking ``In this section'' and inserting ``Subject to
        subparagraph (C), in this section''; and
            (2) by adding at the end the following new subparagraph:
                ``(C) Extension period.--An entity shall only be eligible
            to participate in the demonstration project under this section
            during the extension period if the entity participated in the
            demonstration project under this section during the initial
            period.''.
        (c) Funding.--Subsection (g)(1) of such section 123 is amended--
            (1) in subparagraph (A)--
                (A) by striking ``In general'' and inserting ``Initial
            period''; and
                (B) by inserting ``with respect to the initial period''
            before the period at the end; and
            (2) by adding at the end the following new subparagraph:
                ``(C) Extension period.--The Secretary shall provide for
            the transfer of $10,000,000, in appropriate part from the
            Federal Hospital Insurance Trust Fund established under section
            1817 of the Social Security Act (42 U.S.C. 1395i) and the
            Federal Supplementary Medical Insurance Trust Fund established
            under section 1841 of such Act (42 U.S.C. 1395t), to the
            Centers for Medicare & Medicaid Services for the purposes of
            carrying out its duties under the demonstration project under
            this section with respect to the extension period.''.
        SEC. 130. IMPROVING RURAL HEALTH CLINIC PAYMENTS.
        Section 1833(f) of the Social Security Act (42 U.S.C. 1395l(f)) is
    amended--
            (1) in paragraph (2)--
                (A) by inserting ``(before April 1, 2021)'' after ``in a
            subsequent year''; and
                (B) by striking ``this subsection'' and inserting ``this
            paragraph'';
            (2) by redesignating paragraphs (1) and (2) as subparagraphs
        (A) and (B), respectively;
            (3) in the matter preceding subparagraph (A), as redesignated
        by paragraph (2)--
                (A) by inserting ``(1)'' after ``(f)''; and
                (B) by inserting ``prior to April 1, 2021'' after
            ``services provided''; and
            (4) by adding at the end the following new paragraphs:
        ``(2) In establishing limits under subsection (a) on payment for
    rural health clinic services furnished on or after April 1, 2021, by a
    rural health clinic (other than a rural health clinic described in
    paragraph (3)(B)), the Secretary shall establish such limit, for
    services provided--
            ``(A) in 2021, after March 31, at $100 per visit;
            ``(B) in 2022, at $113 per visit;
            ``(C) in 2023, at $126 per visit;
            ``(D) in 2024, at $139 per visit;
            ``(E) in 2025, at $152 per visit;
            ``(F) in 2026, at $165 per visit;
            ``(G) in 2027, at $178 per visit;
            ``(H) in 2028, at $190 per visit; and
            ``(I) in a subsequent year, at the limit established under this
        paragraph for the previous year increased by the percentage
        increase in the MEI applicable to primary care services furnished
        as of the first day of such subsequent year.
        ``(3)(A) In establishing limits under subsection (a) on payment for
    rural health clinic services furnished on or after April 1, 2021, by a
    rural health clinic described in subparagraph (B), the Secretary shall
    establish such limit, with respect to each such rural health clinic,
    for services provided--
            ``(i) in 2021, after March 31, at an amount equal to the
        greater of--
                ``(I) the per visit payment amount applicable to such rural
            health clinic for rural health clinic services furnished in
            2020, increased by the percentage increase in the MEI
            applicable to primary care services furnished as of the first
            day of 2021; or
                ``(II) the limit described in paragraph (2)(A); and
            ``(ii) in a subsequent year, at an amount equal to the greater
        of--
                ``(I) the amount established under clause (i)(I) or this
            subclause for the previous year with respect to such rural
            health clinic, increased by the percentage increase in the MEI
            applicable to primary care services furnished as of the first
            day of such subsequent year; or
                ``(II) the limit established under paragraph (2) for such
            subsequent year.
        ``(B) A rural health clinic described in this subparagraph is a
    rural health clinic that, as of December 31, 2019, was--
            ``(i) in a hospital with less than 50 beds; and
            ``(ii) enrolled under section 1866(j).''.
        SEC. 131. MEDICARE GME TREATMENT OF HOSPITALS ESTABLISHING NEW
          MEDICAL RESIDENCY TRAINING PROGRAMS AFTER HOSTING MEDICAL
          RESIDENT ROTATORS FOR SHORT DURATIONS.
        (a) Redetermination of Approved FTE Resident Amount.--Section
    1886(h)(2)(F) of the Social Security Act (42 U.S.C. 1395ww(h)(2)(F)) is
    amended--
            (1) by inserting ``(i)'' before ``In the case of''; and
            (2) by adding at the end the following:
                ``(ii) In applying this subparagraph in the case of a
            hospital that trains residents and has not entered into a GME
            affiliation agreement (as defined by the Secretary for purposes
            of paragraph (4)(H)(ii)), on or after the date of the enactment
            of this clause, the Secretary shall not establish an FTE
            resident amount until such time as the Secretary determines
            that the hospital has trained at least 1.0 full-time-equivalent
            resident in an approved medical residency training program in a
            cost reporting period.
                ``(iii) In applying this subparagraph for cost reporting
            periods beginning on or after the date of enactment of this
            clause, in the case of a hospital that, as of such date of
            enactment, has an approved FTE resident amount based on the
            training in an approved medical residency program or programs
            of--
                    ``(I) less than 1.0 full-time-equivalent resident in
                any cost reporting period beginning before October 1, 1997,
                as determined by the Secretary; or
                    ``(II) no more than 3.0 full-time-equivalent residents
                in any cost reporting period beginning on or after October
                1, 1997, and before the date of the enactment of this
                clause, as determined by the Secretary,
            in lieu of such FTE resident amount the Secretary shall, in
            accordance with the methodology described in section 413.77(e)
            of title 42 of the Code of Federal Regulations (or any
            successor regulation), establish a new FTE resident amount if
            the hospital trains at least 1.0 full-time-equivalent resident
            (in the case of a hospital described in subclause (I)) or more
            than 3.0 full-time-equivalent residents (in the case of a
            hospital described in subclause (II)) in a cost reporting
            period beginning on or after such date of enactment and before
            the date that is 5 years after such date of enactment.
                ``(iv) For purposes of carrying out this subparagraph for
            cost reporting periods beginning on or after the date of the
            enactment of this clause, a hospital shall report full-time-
            equivalent residents on its cost report for a cost reporting
            period if the hospital trains at least 1.0 full-time-equivalent
            residents in an approved medical residency training program or
            programs in such period.
                ``(v) As appropriate, the Secretary may consider
            information from any cost reporting period necessary to
            establish a new FTE resident amount as described in clause
            (iii).''.
        (b) Redetermination of FTE Resident Limitation.--Section
    1886(h)(4)(H)(i) of the Social Security Act (42 U.S.C.
    1395ww(h)(4)(H)(i)) is amended--
            (1) by inserting ``(I)'' before ``The Secretary''; and
            (2) by adding at the end the following:
                    ``(II) In applying this clause in the case of a
                hospital that, on or after the date of the enactment of
                this subclause, begins training residents in a new approved
                medical residency training program or programs (as defined
                by the Secretary), the Secretary shall not determine a
                limitation applicable to the hospital under subparagraph
                (F) until such time as the Secretary determines that the
                hospital has trained at least 1.0 full-time-equivalent
                resident in such new approved medical residency training
                program or programs in a cost reporting period.
                    ``(III) In applying this clause in the case of a
                hospital that, as of the date of the enactment of this
                subclause, has a limitation under subparagraph (F), based
                on a cost reporting period beginning before October 1,
                1997, of less than 1.0 full-time-equivalent resident, the
                Secretary shall adjust the limitation in the manner
                applicable to a new approved medical residency training
                program if the Secretary determines the hospital begins
                training at least 1.0 full-time-equivalent residents in a
                program year beginning on or after such date of enactment
                and before the date that is 5 years after such date of
                enactment.
                    ``(IV) In applying this clause in the case of a
                hospital that, as of the date of the enactment of this
                subclause, has a limitation under subparagraph (F), based
                on a cost reporting period beginning on or after October 1,
                1997, and before such date of enactment, of no more than
                3.0 full-time-equivalent residents, the Secretary shall
                adjust the limitation in the manner applicable to a new
                approved medical residency training program if the
                Secretary determines the hospital begins training more than
                3.0 full-time-equivalent residents in a program year
                beginning on or after such date of enactment and before the
                date that is 5 years after such date of enactment.
                    ``(V) An adjustment to the limitation applicable to a
                hospital made pursuant to subclause (III) or (IV) shall be
                made in a manner consistent with the methodology, as
                appropriate, in section 413.79(e) of title 42, Code of
                Federal Regulations (or any successor regulation). As
                appropriate, the Secretary may consider information from
                any cost reporting periods necessary to make such an
                adjustment to the limitation.''.
        (c) Technical and Conforming Amendments.--Section 1886 of the
    Social Security Act (42 U.S.C. 1395ww) is amended--
            (1) in subsection (d)(5)(B)(viii), by striking ``subsection
        (h)(4)(H)'' and inserting ``paragraphs (2)(F)(iv) and (4)(H) of
        subsection (h)''; and
            (2) in subsection (h)--
                (A) in paragraph (4)(H)(iv), by striking ``an rural area''
            and inserting ``a rural area''; and
                (B) in paragraph (7)(E), by striking ``under this'' and all
            that follows through the period at the end and inserting the
            following: ``under this paragraph, paragraph (8), clause (i),
            (ii), (iii), or (v) of paragraph (2)(F), or clause (i) or (vi)
            of paragraph (4)(H).''.
        (d) Effective Date.--The amendments made by this section shall
    apply to payment under section 1886 of the Social Security Act (42
    U.S.C. 1395ww) for cost reporting periods beginning on or after the
    date of the enactment of this Act.
        SEC. 132. MEDICARE PAYMENT FOR CERTAIN FEDERALLY QUALIFIED HEALTH
          CENTER AND RURAL HEALTH CLINIC SERVICES FURNISHED TO HOSPICE
          PATIENTS.
        Section 1834 of the Social Security Act (42 U.S.C. 1395m), as
    amended by section 125(a)(2)(B), is amended--
            (1) in subsection (o), by adding at the end the following new
        paragraph:
            ``(4) Payment for attending physician services furnished by
        federally qualified health centers to hospice patients.--In the
        case of services described in section1812(d)(2)(A)(ii) furnished on
        or after January 1, 2022, by an attending physician (as defined in
        section 1861(dd)(3)(B), other than a physician or practitioner who
        is employed by a hospice program) who is employed by or working
        under contract with a Federally qualified health center, a
        Federally qualified health center shall be paid for such services
        under the prospective payment system under this subsection.''; and
            (2) by adding at the end the following new subsection:
        ``(y) Payment for Attending Physician Services Furnished by Rural
    Health Clinics to Hospice Patients.--In the case of services described
    in section 1812(d)(2)(A)(ii) furnished on or after January 1, 2022, by
    an attending physician (as defined in section 1861(dd)(3)(B), other
    than a physician or practitioner who is employed by a hospice program)
    who is employed by or working under contract with a rural health
    clinic, a rural health clinic shall be paid for such services under the
    methodology for all-inclusive rates (established by the Secretary)
    under section 1833(a)(3), subject to the limits described in section
    1833(f).''.
        SEC. 133. DELAY TO THE IMPLEMENTATION OF THE RADIATION ONCOLOGY
          MODEL UNDER THE MEDICARE PROGRAM.
        Notwithstanding any provision of section 1115A of the Social
    Security Act (42 U.S.C. 1315a), the Secretary of Health and Human
    Services may not implement the radiation oncology model described in
    the rule entitled ``Medicare Program; Specialty Care Models To Improve
    Quality of Care and Reduce Expenditures'' (85 Fed. Reg. 61114 et seq.),
    or any substantially similar model, pursuant to such section before
    January 1, 2022.
        SEC. 134. IMPROVING ACCESS TO SKILLED NURSING FACILITY SERVICES FOR
          HEMOPHILIA PATIENTS.
        (a) In General.--Section 1888(e)(2)(A)(iii) of the Social Security
    Act (42 U.S.C. 1395yy(e)(2)(A)(iii)) is amended by adding at the end
    the following:

                        ``(VI) Blood clotting factors indicated for the
                    treatment of patients with hemophilia and other
                    bleeding disorders (identified as of July 1, 2020, by
                    HCPCS codes J7170, J7175, J7177-J7183, J7185-J7190,
                    J7192-J7195, J7198-J7203, J7205, J7207-J7211, and as
                    subsequently modified by the Secretary) and items and
                    services related to the furnishing of such factors
                    under section 1842(o)(5)(C), and any additional blood
                    clotting factors identified by the Secretary and items
                    and services related to the furnishing of such factors
                    under such section.''.

        (b) Effective Date.--The amendment made by subsection (a) shall
    apply to items and services furnished on or after October 1, 2021.

                TITLE II--MEDICAID EXTENDERS AND OTHER POLICIES

        SEC. 201. ELIMINATING DSH REDUCTIONS FOR FISCAL YEARS 2021 THROUGH
          2023.
        Section 1923(f) of the Social Security Act (42 U.S.C. 1396r-4(f)),
    as amended by section 1106 of the Further Continuing Appropriations
    Act, 2021, and Other Extensions Act, is amended--
            (1) in paragraph (7)(A)--
                (A) in clause (i), in the matter preceding subclause (I),
            by striking ``For the period'' and all that follows through
            ``2025'' and inserting ``For each of fiscal years 2024 through
            2027,''; and
                (B) in clause (ii), by striking ``equal to--'' and all that
            follows through the period at the end and inserting ``equal to
            $8,000,000,000 for each of fiscal years 2024 through 2027'';
            and
            (2) in paragraph (8), by striking ``2025'' and inserting
        ``2027''.
        SEC. 202. SUPPLEMENTAL PAYMENT REPORTING REQUIREMENTS.
        Section 1903 of the Social Security Act (42 U.S.C. 1396b) is
    amended by adding at the end the following new subsection:
        ``(bb) Supplemental Payment Reporting Requirements.--
            ``(1) Collection and availability of supplemental payment
        data.--
                ``(A) In general.--Not later than October 1, 2021, the
            Secretary shall establish a system for each State to submit
            reports, as determined appropriate by the Secretary, on
            supplemental payments data, as a requirement for a State plan
            or State plan amendment that would provide for a supplemental
            payment.
                ``(B) Requirements.--Each report submitted by a State in
            accordance with the requirement established under subparagraph
            (A) shall include the following:
                    ``(i) An explanation of how supplemental payments made
                under the State plan or a State plan amendment will result
                in payments that are consistent with section
                1902(a)(30)(A), including standards with respect to
                efficiency, economy, quality of care, and access, along
                with the stated purpose and intended effects of the
                supplemental payment.
                    ``(ii) The criteria used to determine which providers
                are eligible to receive the supplemental payment.
                    ``(iii) A comprehensive description of the methodology
                used to calculate the amount of, and distribute, the
                supplemental payment to each eligible provider, including--

                        ``(I) data on the amount of the supplemental
                    payment made to each eligible provider, if known, or,
                    if the total amount is distributed using a formula
                    based on data from 1 or more fiscal years, data on the
                    total amount of the supplemental payments for the
                    fiscal year or years available to all providers
                    eligible to receive a supplemental payment;
                        ``(II) if applicable, the specific criteria with
                    respect to Medicaid service, utilization, or cost data
                    to be used as the basis for calculations regarding the
                    amount or distribution of the supplemental payment; and
                        ``(III) the timing of the supplemental payment made
                    to each eligible provider.

                    ``(iv) An assurance that the total Medicaid payments
                made to an inpatient hospital provider, including the
                supplemental payment, will not exceed upper payment limits.
                    ``(v) If not already submitted, an upper payment limit
                demonstration under section 447.272 of title 42, Code of
                Federal Regulations (as such section is in effect as of the
                date of enactment of this subsection).
                ``(C) Public availability.--The Secretary shall make all
            reports and related data submitted under this paragraph
            publicly available on the website of the Centers for Medicare &
            Medicaid Services on a timely basis.
            ``(2) Supplemental payment defined.--
                ``(A) In general.--Subject to subparagraph (B), in this
            subsection, the term `supplemental payment' means a payment to
            a provider that is in addition to any base payment made to the
            provider under the State plan under this title or under
            demonstration authority.
                ``(B) DSH payments excluded.--Such term does not include a
            disproportionate share hospital payment made under section
            1923.''.
        SEC. 203. MEDICAID SHORTFALL AND THIRD PARTY PAYMENTS.
        (a) In General.--Subsection (g) of section 1923 of the Social
    Security Act (42 U.S.C. 1396r-4) is amended to read as follows:
        ``(g) Limit on Amount of Payment to Hospital.--
            ``(1) In general.--
                ``(A) Amount of adjustment subject to uncompensated
            costs.--A payment adjustment during a fiscal year shall not be
            considered to be consistent with subsection (c) with respect to
            a hospital (other than a hospital described in paragraph
            (2)(B)) if the payment adjustment exceeds an amount equal to--
                    ``(i) the costs incurred during the year of furnishing
                hospital services by the hospital to individuals described
                in subparagraph (B) minus--
                    ``(ii) the sum of--

                        ``(I) payments under this title (other than under
                    this section) for such services; and
                        ``(II) payments by uninsured patients for such
                    services.

                ``(B) Individuals described.--For purposes of subparagraph
            (A), the individuals described in this clause are the
            following:
                    ``(i) Individuals who are eligible for medical
                assistance under the State plan or under a waiver of such
                plan and for whom the State plan or waiver is the primary
                payor for such services.
                    ``(ii) Subject to subparagraph (C), individuals who
                have no health insurance (or other source of third party
                coverage) for services provided during the year, as
                determined by the Secretary.
                ``(C) Exclusion of certain payments.--For purposes of
            subparagraph (B)(ii), payments made to a hospital for services
            provided to indigent patients made by a State or a unit of
            local government within a State shall not be considered to be a
            source of third party coverage.
            ``(2) Application of limits for certain hospitals.--
                ``(A) In general.--A payment adjustment during a fiscal
            year shall not be considered to be consistent with subsection
            (c) with respect to a hospital described in subparagraph (B) if
            the payment adjustment exceeds the higher of--
                    ``(i) the amount determined for the hospital and fiscal
                year under paragraph (1)(A); and
                    ``(ii) the amount determined for the hospital under
                paragraph (1)(A) as in effect on January 1, 2020.
                ``(B) Hospitals described.--A hospital is described in this
            subparagraph for a fiscal year if, for the most recent cost
            reporting period, the hospital is in at least the 97th
            percentile of all hospitals with respect to--
                    ``(i) the number of inpatient days for such period that
                were made up of patients who (for such days) were entitled
                to benefits under part A of title XVIII and were entitled
                to supplemental security income benefits under title XVI
                (excluding any State supplementary benefits paid with
                respect to such patients); or
                    ``(ii) the percentage of total inpatient days that were
                made up of patients who (for such days) were described in
                clause (i).''.
        (b) Effective Date.--The amendment made by this section shall take
    effect on October 1, 2021, and shall apply to payment adjustments made
    under section 1923 of the Social Security Act (42 U.S.C. 1396r-4)
    during fiscal years beginning on or after such date.
        SEC. 204. EXTENSION OF MONEY FOLLOWS THE PERSON REBALANCING
          DEMONSTRATION.
        (a) In General.--
            (1) Funding.--Section 6071(h) of the Deficit Reduction Act of
        2005 (42 U.S.C. 1396a note) is amended--
                (A) in paragraph (1)--
                    (i) in each of subparagraphs (F) through (H), by
                striking ``subject to paragraph (3),'';
                    (ii) in subparagraph (G), by striking ``and'' at the
                end;
                    (iii) in subparagraph (H), by striking the period and
                inserting a semicolon; and
                    (iv) by adding at the end the following new
                subparagraphs:
                ``(I) for the period beginning on December 19, 2020, and
            ending on September 30, 2021, the amount equal to the pro rata
            portion of an annual appropriation of $450,000,000;
                ``(J) $450,000,000 for fiscal year 2022; and
                ``(K) $450,000,000 for fiscal year 2023.'';
                (B) in paragraph (2)--
                    (i) by striking ``Subject to paragraph (3), amounts''
                and inserting ``Amounts''; and
                    (ii) by striking ``2021'' and inserting ``2023''; and
                (C) by striking paragraph (3).
            (2) Research and evaluation.--Section 6071(g) of the Deficit
        Reduction Act of 2005 (42 U.S.C. 1396a note) is amended--
                (A) in paragraph (2), by striking ``2016'' and inserting
            ``2026''; and
                (B) in paragraph (3), by inserting ``and for each of fiscal
            years 2021 through 2023'' after ``2016,''.
        (b) Changes to Institutional Residency Period Requirement.--
            (1) In general.--Section 6071(b)(2) of the Deficit Reduction
        Act of 2005 (42 U.S.C. 1396a note) is amended--
                (A) in subparagraph (A)(i), by striking ``90'' and
            inserting ``60''; and
                (B) by striking the flush sentence after subparagraph (B).
            (2) Effective date.--The amendments made by paragraph (1) shall
        take effect on the date that is 30 days after the date of the
        enactment of this Act.
        (c) Updates to State Application Requirements.--Section 6071 of the
    Deficit Reduction Act of 2005 (42 U.S.C. 1396a note) is amended--
            (1) in subsection (c)--
                (A) in paragraph (3), by striking ``, which shall include''
            and all that follows through ``2007'';
                (B) in paragraph (7)--
                    (i) in the paragraph heading, by striking
                ``Rebalancing'' and inserting ``Expenditures'';
                    (ii) in subparagraph (A), by adding ``and'' at the end;
                and
                    (iii) in subparagraph (B)--

                        (I) in clause (i), by striking ``and'' at the end;
                        (II) in clause (ii), by striking the period at the
                    end and inserting a semicolon; and
                        (III) by adding at the end the following:

                ``(iii) include a work plan that describes for each Federal
            fiscal year that occurs during the proposed MFP demonstration
            project--
                    ``(I) the use of grant funds for each proposed
                initiative that is designed to accomplish the objective
                described in subsection (a)(1), including a funding source
                for each activity that is part of each such proposed
                initiative;
                    ``(II) an evaluation plan that identifies expected
                results for each such proposed initiative; and
                    ``(III) a sustainability plan for components of such
                proposed initiatives that are intended to improve
                transitions, which shall be updated with actual expenditure
                information for each Federal fiscal year that occurs during
                the MFP demonstration project; and
                ``(iv) contain assurances that grant funds used to
            accomplish the objective described in subsection (a)(1) shall
            be obligated not later than 24 months after the date on which
            the funds are awarded and shall be expended not later than 60
            months after the date on which the funds are awarded (unless
            the Secretary waives either such requirement).''; and
                (C) in paragraph (13)--
                    (i) in subparagraph (A), by striking ``; and'' and
                inserting ``, and in such manner as will meet the reporting
                requirements set forth for the Transformed Medicaid
                Statistical Information System (T-MSIS);'';
                    (ii) by redesignating subparagraph (B) as subparagraph
                (D); and
                    (iii) by inserting after subparagraph (A) the
                following:
                ``(B) the State shall report on a quarterly basis on the
            use of grant funds by distinct activity, as described in the
            approved work plan, and by specific population as targeted by
            the State;
                ``(C) if the State fails to report the information required
            under subparagraph (B), fails to report such information on a
            quarterly basis, or fails to make progress under the approved
            work plan, the State shall implement a corrective action plan
            approved by the Secretary; and''; and
            (2) in subsection (d)(4), by adding at the end the following
        new subparagraph:
                ``(C) Corrective action plan progress.--In the case of a
            State required to implement a corrective action plan under
            subparagraph (C) of subsection (c)(13), the State must
            implement such plan and demonstrate progress in reporting
            information under subparagraph (B) of such subsection or
            progress under the approved work plan (as applicable).''.
        (d) Funding for Quality Assurance and Improvement; Technical
    Assistance; Oversight.--Section 6071(f) of the Deficit Reduction Act of
    2005 (42 U.S.C. 1396a note) is amended by striking paragraph (2) and
    inserting the following:
            ``(2) Funding.--From the amounts appropriated under subsection
        (h)(1), $3,000,000 shall be available to the Secretary to carry out
        this subsection. Such amount shall remain available until
        expended.''.
        (e) Best Practices Evaluation.--Section 6071 of the Deficit
    Reduction Act of 2005 (42 U.S.C. 1396a note) is amended by adding at
    the end the following:
        ``(i) Best Practices.--
            ``(1) Report.--The Secretary, directly or through grant or
        contract, shall submit a report to the President and Congress not
        later than September 30, 2022, that contains findings and
        conclusions on best practices from MFP demonstration projects
        carried out with grants made under this section. The report shall
        include information and analyses with respect to the following:
                ``(A) The most effective State strategies for transitioning
            beneficiaries from institutional to qualified community
            settings carried out under MFP demonstration projects and how
            such strategies may vary for different types of beneficiaries,
            such as beneficiaries who are aged, physically disabled,
            intellectually or developmentally disabled, or individuals with
            serious mental illnesses, and other targeted waiver beneficiary
            populations under section 1915(c) of the Social Security Act.
                ``(B) The most common and the most effective State uses of
            grant funds carried out under demonstration projects for
            transitioning beneficiaries from institutional to qualified
            community settings and improving health outcomes, including
            differentiating funding for current initiatives that are
            designed for such purpose and funding for proposed initiatives
            that are designed for such purpose.
                ``(C) The most effective State approaches carried out under
            MFP demonstration projects for improving person-centered care
            and planning.
                ``(D) Identification of program, financing, and other
            flexibilities available under MFP demonstration projects, that
            are not available under the traditional Medicaid program, and
            which directly contributed to successful transitions and
            improved health outcomes under MFP demonstration projects.
                ``(E) State strategies and financing mechanisms for
            effective coordination of housing financed or supported under
            MFP demonstration projects with local housing authorities and
            other resources.
                ``(F) Effective State approaches for delivering Money
            Follows the Person transition services through managed care
            entities.
                ``(G) Other best practices and effective transition
            strategies demonstrated by States with approved MFP
            demonstration projects, as determined by the Secretary.
                ``(H) Identification and analyses of opportunities and
            challenges to integrating effective Money Follows the Person
            practices and State strategies into the traditional Medicaid
            program.
            ``(2) Collaboration.--In preparing the report required under
        this subsection, the Secretary shall collect and incorporate
        information from States with approved MFP demonstration projects
        and beneficiaries participating in such projects, and providers
        participating in such projects.
            ``(3) Waiver of paperwork reduction act.--Chapter 35 of title
        44, United States Code, shall not apply to preparation of the
        report described in paragraph (1) or collection of information
        described in paragraph (2).
            ``(4) Funding.--From the amounts appropriated under subsection
        (h)(1) for each of fiscal years 2021 and 2022, not more than
        $300,000 shall be available to the Secretary for each such fiscal
        year to carry out this subsection.''.
        (f) MACPAC Report on Qualified Settings Criteria.--Section 6071 of
    the Deficit Reduction Act of 2005 (42 U.S.C. 1396a note), as amended by
    subsection (e), is further amended by adding at the end the following:
        ``(j) MACPAC Report.--Prior to the final implementation date
    established by the Secretary for the criteria established for home and
    community-based settings in section 441.301(c)(4) of title 42, Code of
    Federal Regulations, as part of final implementation of the Home and
    Community Based Services (HCBS) Final Rule published on January 16,
    2014 (79 Fed. Reg. 2947) (referred to in this subsection as the `HCBS
    final rule'), the Medicaid and CHIP Payment and Access Commission
    (MACPAC) shall submit to Congress a report that--
            ``(1) identifies the types of home and community-based settings
        and associated services that are available to eligible individuals
        in both the MFP demonstration program and sites in compliance with
        the HCBS final rule; and
            ``(2) if determined appropriate by the Commission, recommends
        policies to align the criteria for a qualified residence under
        subsection (b)(6) (as in effect on October 1, 2017) with the
        criteria in the HCBS final rule.''.
        (g) Application to Current Projects.--Not later than 1 year after
    the date of the enactment of this Act, the Secretary shall update the
    terms and conditions of any approved MFP demonstration project under
    section 6071 of the Deficit Reduction Act of 2005 (42 U.S.C. 1396a
    note) in effect on the date of the enactment of this Act to ensure that
    such terms and conditions are the same as are required for any new
    State applicant for such project under the amendments made by this
    section.
        SEC. 205. EXTENSION OF SPOUSAL IMPOVERISHMENT PROTECTIONS.
        (a) In General.--Section 2404 of the Patient Protection and
    Affordable Care Act (42 U.S.C. 1396r-5 note) is amended by striking
    ``December 18, 2020'' and inserting ``September 30, 2023''.
        (b) Rule of Construction.--Nothing in section 2404 of Public Law
    111-148 (42 U.S.C. 1396r-5 note) or section 1902(a)(17) or 1924 of the
    Social Security Act (42 U.S.C. 1396a(a)(17), 1396r-5) shall be
    construed as prohibiting a State from--
            (1) applying an income or resource disregard under a
        methodology authorized under section 1902(r)(2) of such Act (42
        U.S.C. 1396a(r)(2))--
                (A) to the income or resources of an individual described
            in section 1902(a)(10)(A)(ii)(VI) of such Act (42 U.S.C.
            1396a(a)(10)(A)(ii)(VI)) (including a disregard of the income
            or resources of such individual's spouse); or
                (B) on the basis of an individual's need for home and
            community-based services authorized under subsection (c), (d),
            (i), or (k) of section 1915 of such Act (42 U.S.C. 1396n) or
            under section 1115 of such Act (42 U.S.C. 1315); or
            (2) disregarding an individual's spousal income and assets
        under a plan amendment to provide medical assistance for home and
        community-based services for individuals by reason of being
        determined eligible under section 1902(a)(10)(C) of such Act (42
        U.S.C. 1396a(a)(10)(C)) or by reason of section 1902(f) of such Act
        (42 U.S.C. 1396a(f)) or otherwise on the basis of a reduction of
        income based on costs incurred for medical or other remedial care
        under which the State disregarded the income and assets of the
        individual's spouse in determining the initial and ongoing
        financial eligibility of an individual for such services in place
        of the spousal impoverishment provisions applied under section 1924
        of such Act (42 U.S.C. 1396r-5).
        SEC. 206. EXTENSION OF COMMUNITY MENTAL HEALTH SERVICES
          DEMONSTRATION PROGRAM.
        Section 223(d) of the Protecting Access to Medicare Act of 2014 (42
    U.S.C. 1396a note), as amended by section 1104 of the Further
    Continuing Appropriations Act, 2021, and Other Extensions Act, is
    amended--
            (1) in paragraph (3), by striking ``under this subsection'' and
        all that follows through the period and inserting ``that meet the
        requirements of this subsection through September 30, 2023.'';
            (2) in paragraph (5)(C)(iii)(I), by striking ``during the 8
        fiscal quarter period (or any portion of the period) that begins on
        January 1, 2020'' and inserting ``through September 30, 2023'';
            (3) in paragraph (5)(C)(iii)(II), by inserting before the
        period at the end ``or through September 30, 2023, whichever is
        longer'';
            (4) in paragraph (8)(A), by striking ``to participate'' and all
        that follows through the period and inserting ``to conduct
        demonstration programs that meet the requirements of this
        subsection for 2 years or through September 30, 2023, whichever is
        longer.''.
        SEC. 207. CLARIFYING AUTHORITY OF STATE MEDICAID FRAUD AND ABUSE
          CONTROL UNITS TO INVESTIGATE AND PROSECUTE CASES OF MEDICAID
          PATIENT ABUSE AND NEGLECT IN ANY SETTING.
        (a) In General.--Section 1903(q)(4)(A)(ii) of the Social Security
    Act (42 U.S.C. 1396b(q)(4)(A)(ii)) is amended by inserting after
    ``patients residing in board and care facilities'' the following: ``and
    of patients (who are receiving medical assistance under the State plan
    under this title (or waiver of such plan)) in a noninstitutional or
    other setting''.
        (b) Availability of Funding.--Section 1903(a)(6) of the Social
    Security Act (42 U.S.C. 1396b(a)(6)) is amended, in the matter
    following subparagraph (B), by striking ``(as found necessary by the
    Secretary for the elimination of fraud in the provision and
    administration of medical assistance provided under the State plan (or
    waiver of such plan))''.
        SEC. 208. MEDICAID COVERAGE FOR CITIZENS OF FREELY ASSOCIATED
          STATES.
        (a) In General.--Section 402(b)(2) of the Personal Responsibility
    and Work Opportunity Reconciliation Act of 1996 (8 U.S.C. 1612(b)(2))
    is amended by adding at the end the following new subparagraph:
                ``(G) Medicaid exception for citizens of freely associated
            states.--With respect to eligibility for benefits for the
            designated Federal program defined in paragraph (3)(C)
            (relating to the Medicaid program), paragraph (1) shall not
            apply to any individual who lawfully resides in 1 of the 50
            States or the District of Columbia in accordance with the
            Compacts of Free Association between the Government of the
            United States and the Governments of the Federated States of
            Micronesia, the Republic of the Marshall Islands, and the
            Republic of Palau and shall not apply, at the option of the
            Governor of Puerto Rico, the Virgin Islands, Guam, the Northern
            Mariana Islands, or American Samoa as communicated to the
            Secretary of Health and Human Services in writing, to any
            individual who lawfully resides in the respective territory in
            accordance with such Compacts.''.
        (b) Exception to 5-Year Limited Eligibility.--Section 403(b) of
    such Act (8 U.S.C. 1613(b)) is amended by adding at the end the
    following new paragraph:
            ``(3) Exception for citizens of freely associated states.--An
        individual described in section 402(b)(2)(G), but only with respect
        to the designated Federal program defined in section
        402(b)(3)(C).''.
        (c) Definition of Qualified Alien.--Section 431(b) of such Act (8
    U.S.C. 1641(b)) is amended--
            (1) in paragraph (6), by striking ``; or'' at the end and
        inserting a comma;
            (2) in paragraph (7), by striking the period at the end and
        inserting ``, or''; and
            (3) by adding at the end the following new paragraph:
            ``(8) an individual who lawfully resides in the United States
        in accordance with a Compact of Free Association referred to in
        section 402(b)(2)(G), but only with respect to the designated
        Federal program defined in section 402(b)(3)(C) (relating to the
        Medicaid program).''.
        (d) Conforming Amendments.--Section 1108 of the Social Security Act
    (42 U.S.C. 1308) is amended--
            (1) in subsection (f), in the matter preceding paragraph (1),
        by striking ``subsection (g) and section 1935(e)(1)(B)'' and
        inserting ``subsections (g) and (h) and section 1935(e)(1)(B)'';
        and
            (2) by adding at the end the following:
        ``(h) Exclusion of Medical Assistance Expenditures for Citizens of
    Freely Associated States.--Expenditures for medical assistance provided
    to an individual described in section 431(b)(8) of the Personal
    Responsibility and Work Opportunity Reconciliation Act of 1996 (8
    U.S.C. 1641(b)(8)) shall not be taken into account for purposes of
    applying payment limits under subsections (f) and (g).''.
        (e) Effective Date.--The amendments made by this section shall
    apply to benefits for items and services furnished on or after the date
    of the enactment of this Act.
        SEC. 209. MEDICAID COVERAGE OF CERTAIN MEDICAL TRANSPORTATION.
        (a) Continuing Requirement of Medicaid Coverage of Necessary
    Transportation.--
            (1) Requirement.--Section 1902(a)(4) of the Social Security Act
        (42 U.S.C. 1396a(a)(4)) is amended--
                (A) by striking ``and including provision for utilization''
            and inserting ``including provision for utilization''; and
                (B) by inserting after ``supervision of administration of
            the plan'' the following: ``, and, subject to section 1903(i),
            including a specification that the single State agency
            described in paragraph (5) will ensure necessary transportation
            for beneficiaries under the State plan to and from providers
            and a description of the methods that such agency will use to
            ensure such transportation''.
            (2) Application with respect to benchmark benefit packages and
        benchmark equivalent coverage.--Section 1937(a)(1) of the Social
        Security Act (42 U.S.C. 1396u-7(a)(1)) is amended--
                (A) in subparagraph (A), by striking ``subsection (E)'' and
            inserting ``subparagraphs (E) and (F)''; and
                (B) by adding at the end the following new subparagraph:
                ``(F) Necessary transportation.--Notwithstanding the
            preceding provisions of this paragraph, a State may not provide
            medical assistance through the enrollment of an individual with
            benchmark coverage or benchmark equivalent coverage described
            in subparagraph (A)(i) unless, subject to section 1903(i)(9)
            and in accordance with section 1902(a)(4), the benchmark
            benefit package or benchmark equivalent coverage (or the
            State)--
                    ``(i) ensures necessary transportation for individuals
                enrolled under such package or coverage to and from
                providers; and
                    ``(ii) provides a description of the methods that will
                be used to ensure such transportation.''.
            (3) Limitation on federal financial participation.--Section
        1903(i) of the Social Security Act (42 U.S.C. 1396b(i)) is amended
        by inserting after paragraph (8) the following new paragraph:
            ``(9) with respect to any amount expended for non-emergency
        transportation authorized under section 1902(a)(4), unless the
        State plan provides for the methods and procedures required under
        section 1902(a)(30)(A); or''.
            (4) Effective date.--The amendments made by this subsection
        shall take effect on the date of the enactment of this Act and
        shall apply to transportation furnished on or after such date.
        (b) Medicaid Program Integrity Measures Related to Coverage of
    Nonemergency Medical Transportation.--
            (1) Gao study.--Not later than two years after the date of the
        enactment of this Act, the Comptroller General of the United States
        shall conduct a study, and submit to Congress, a report on coverage
        under the Medicaid program under title XIX of the Social Security
        Act of nonemergency transportation to services. Such study shall
        take into account the 2009 report of the Office of the Inspector
        General of the Department of Health and Human Services, titled
        ``Fraud and Abuse Safeguards for State Medicaid Nonemergency
        Medical Transportation Services'' (OEI-06-07-00320). Such report
        shall include the following:
                (A) An examination of the 50 States and the District of
            Columbia to identify safeguards to prevent and detect fraud and
            abuse with respect to coverage under the Medicaid program of
            nonemergency transportation to covered services.
                (B) An examination of transportation brokers to identify
            the range of safeguards against such fraud and abuse to prevent
            improper payments for such transportation.
                (C) Identification of the numbers, types, and outcomes of
            instances of fraud and abuse, with respect to coverage under
            the Medicaid program of such transportation, that State
            Medicaid Fraud Control Units have investigated in recent years.
                (D) Identification of commonalities or trends in program
            integrity, with respect to such coverage, to inform risk
            management strategies of States and the Centers for Medicare &
            Medicaid Services.
            (2) Stakeholder meetings.--
                (A) In general.--Not later than 18 months after the date of
            the enactment of this Act, the Secretary of Health and Human
            Services, through the Centers for Medicare & Medicaid Services,
            shall convene a series of meetings to obtain input from
            appropriate stakeholders to facilitate discussion and shared
            learning about the leading practices for improving Medicaid
            program integrity, with respect to coverage of nonemergency
            transportation to medically necessary services.
                (B) Topics.--The meetings convened under subparagraph (A)
            shall--
                    (i) focus on ongoing challenges to Medicaid program
                integrity as well as leading practices to address such
                challenges; and
                    (ii) address specific challenges raised by stakeholders
                involved in coverage under the Medicaid program of
                nonemergency transportation to covered services, including
                unique considerations for specific groups of Medicaid
                beneficiaries meriting particular attention, such as
                American Indians and tribal land issues or accommodations
                for individuals with disabilities.
                (C) Stakeholders.--Stakeholders described in subparagraph
            (A) shall include individuals from State Medicaid programs,
            brokers for nonemergency transportation to medically necessary
            services that meet the criteria described in section
            1902(a)(70)(B) of the Social Security Act (42 U.S.C.
            1396a(a)(70)(B)), providers (including transportation network
            companies), Medicaid patient advocates, and such other
            individuals specified by the Secretary.
            (3) Guidance review.--Not later than 24 months after the date
        of the enactment of this Act, the Secretary of Health and Human
        Services, through the Centers for Medicare & Medicaid Services,
        shall assess guidance issued to States by the Centers for Medicare
        & Medicaid Services relating to Federal requirements for
        nonemergency transportation to medically necessary services under
        the Medicaid program under title XIX of the Social Security Act and
        update such guidance as necessary to ensure States have appropriate
        and current guidance in designing and administering coverage under
        the Medicaid program of nonemergency transportation to medically
        necessary services.
            (4) Nemt transportation provider and driver requirements.--
                (A) State plan requirement.--Section 1902(a) of the Social
            Security Act (42 U.S.C. 1396a(a)) is amended--
                    (i) by striking ``and'' at the end of paragraph (85);
                    (ii) by striking the period at the end of paragraph
                (86) and inserting ``; and''; and
                    (iii) by inserting after paragraph (86) the following
                new paragraph:
            ``(87) provide for a mechanism, which may include attestation,
        that ensures that, with respect to any provider (including a
        transportation network company) or individual driver of
        nonemergency transportation to medically necessary services
        receiving payments under such plan (but excluding any public
        transit authority), at a minimum--
                ``(A) each such provider and individual driver is not
            excluded from participation in any Federal health care program
            (as defined in section 1128B(f)) and is not listed on the
            exclusion list of the Inspector General of the Department of
            Health and Human Services;
                ``(B) each such individual driver has a valid driver's
            license;
                ``(C) each such provider has in place a process to address
            any violation of a State drug law; and
                ``(D) each such provider has in place a process to disclose
            to the State Medicaid program the driving history, including
            any traffic violations, of each such individual driver employed
            by such provider, including any traffic violations.''.
                (B) Effective date.--
                    (i) In general.--Except as provided in clause (ii), the
                amendments made by subparagraph (A) shall take effect on
                the date of the enactment of this Act and shall apply to
                services furnished on or after the date that is one year
                after the date of the enactment of this Act.
                    (ii) Exception.--In the case of a State plan under
                title XIX of the Social Security Act (42 U.S.C. 1396 et
                seq.), or waiver of such plan, that the Secretary of Health
                and Human Services determines requires State legislation in
                order for the respective plan to meet any requirement
                imposed by amendments made by this section, the respective
                plan shall not be regarded as failing to comply with the
                requirements of such title solely on the basis of its
                failure to meet such an additional requirement before the
                first day of the first calendar quarter beginning after the
                close of the first regular session of the State legislature
                that begins after the date of the enactment of this Act.
                For purposes of the previous sentence, in the case of a
                State that has a 2-year legislative session, each year of
                the session shall be considered to be a separate regular
                session of the State legislature.
            (5) Analysis of t-msis data.--Not later than one year after the
        date of the enactment of this Act, the Secretary of Health and
        Human Services, through the Centers for Medicare & Medicaid
        Services, shall analyze, and submit to Congress a report on, the
        nation-wide data set under the Transformed Medicaid Statistical
        Information System to identify recommendations relating to coverage
        under the Medicaid program under title XIX of the Social Security
        Act of nonemergency transportation to medically necessary services.
        (c) Consultation Relating to Nonemergency Medical Transportation.--
    In the case of a State that exercises the option described in section
    1902(a)(70) of the Social Security Act (42 U.S.C. 1396a(a)(7)), in
    establishing a non-emergency medical transportation brokerage program
    under such section, a State Medicaid agency may consult relevant
    stakeholders, including stakeholders representing patients, medical
    providers, Medicaid managed care organizations, brokers for non-
    emergency medical transportation, and transportation providers
    (including public transportation providers).
        SEC. 210. PROMOTING ACCESS TO LIFE-SAVING THERAPIES FOR MEDICAID
          ENROLLEES BY ENSURING COVERAGE OF ROUTINE PATIENT COSTS FOR ITEMS
          AND SERVICES FURNISHED IN CONNECTION WITH PARTICIPATION IN
          QUALIFYING CLINICAL TRIALS.
        (a) In General.--Section 1905 of the Social Security Act (42 U.S.C.
    1396d) is amended--
            (1) in subsection (a)--
                (A) in paragraph (29), by striking ``and'' at the end;
                (B) by redesignating paragraph (30) as paragraph (31); and
                (C) by inserting after paragraph (29) the following new
            paragraph:
            ``(30) subject to subsection (gg), routine patient costs for
        items and services furnished in connection with participation in a
        qualifying clinical trial (as defined in such subsection); and'';
        and
            (2) by adding at the end the following new subsection:
        ``(gg)(1) Routine Patient Costs.--For purposes of subsection
    (a)(30), with respect to a State and an individual enrolled under the
    State plan (or a waiver of such plan) who participates in a qualifying
    clinical trial, routine patient costs--
            ``(A) include any item or service provided to the individual
        under the qualifying clinical trial, including--
                ``(i) any item or service provided to prevent, diagnose,
            monitor, or treat complications resulting from such
            participation, to the extent that the provision of such an item
            or service to the individual outside the course of such
            participation would otherwise be covered under the State plan
            or waiver; and
                ``(ii) any item or service required solely for the
            provision of the investigational item or service that is the
            subject of such trial, including the administration of such
            investigational item or service; and
            ``(B) does not include--
                ``(i) an item or service that is the investigational item
            or service that is--
                    ``(I) the subject of the qualifying clinical trial; and
                    ``(II) not otherwise covered outside of the clinical
                trial under the State plan or waiver; or
                ``(ii) an item or service that is--
                    ``(I) provided to the individual solely to satisfy data
                collection and analysis needs for the qualifying clinical
                trial and is not used in the direct clinical management of
                the individual; and
                    ``(II) not otherwise covered under the State plan or
                waiver.
        ``(2) Qualifying Clinical Trial Defined.--
            ``(A) In general.--For purposes of this subsection and
        subsection (a)(30), the term `qualifying clinical trial' means a
        clinical trial (in any clinical phase of development) that is
        conducted in relation to the prevention, detection, or treatment of
        any serious or life-threatening disease or condition and is
        described in any of the following clauses:
                ``(i) The study or investigation is approved, conducted, or
            supported (which may include funding through in-kind
            contributions) by one or more of the following:
                    ``(I) The National Institutes of Health.
                    ``(II) The Centers for Disease Control and Prevention.
                    ``(III) The Agency for Healthcare Research and Quality.
                    ``(IV) The Centers for Medicare & Medicaid Services.
                    ``(V) A cooperative group or center of any of the
                entities described in subclauses (I) through (IV) or the
                Department of Defense or the Department of Veterans
                Affairs.
                    ``(VI) A qualified non-governmental research entity
                identified in the guidelines issued by the National
                Institutes of Health for center support grants.
                    ``(VII) Any of the following if the conditions
                described in subparagraph (B) are met:

                        ``(aa) The Department of Veterans Affairs.
                        ``(bb) The Department of Defense.
                        ``(cc) The Department of Energy.

                ``(ii) The clinical trial is conducted pursuant to an
            investigational new drug exemption under section 505(i) of the
            Federal Food, Drug, and Cosmetic Act or an exemption for a
            biological product undergoing investigation under section
            351(a)(3) of the Public Health Service Act.
                ``(iii) The clinical trial is a drug trial that is exempt
            from being required to have an exemption described in clause
            (ii).
            ``(B) Conditions.--For purposes of subparagraph (A)(i)(VII),
        the conditions described in this subparagraph, with respect to a
        clinical trial approved or funded by an entity described in such
        subparagraph (A)(i)(VII), are that the clinical trial has been
        reviewed and approved through a system of peer review that the
        Secretary determines--
                ``(i) to be comparable to the system of peer review of
            studies and investigations used by the National Institutes of
            Health; and
                ``(ii) assures unbiased review of the highest scientific
            standards by qualified individuals with no interest in the
            outcome of the review.
        ``(3) Coverage Determination Requirements.--A determination with
    respect to coverage under subsection (a)(30) for an individual
    participating in a qualifying clinical trial--
            ``(A) shall be expedited and completed within 72 hours;
            ``(B) shall be made without limitation on the geographic
        location or network affiliation of the health care provider
        treating such individual or the principal investigator of the
        qualifying clinical trial;
            ``(C) shall be based on attestation regarding the
        appropriateness of the qualifying clinical trial by the health care
        provider and principal investigator described in subparagraph (B),
        which shall be made using a streamlined, uniform form developed for
        State use by the Secretary and that includes the option to
        reference information regarding the qualifying clinical trial that
        is publicly available on a website maintained by the Secretary,
        such as clinicaltrials.gov (or a successor website); and
            ``(D) shall not require submission of the protocols of the
        qualifying clinical trial, or any other documentation that may be
        proprietary or determined by the Secretary to be burdensome to
        provide.''.
        (b) Requiring Mandatory Coverage Under State Plan.--Section
    1902(a)(10)(A) of such Act is amended, in the matter preceding clause
    (i), by striking ``and (29)'' and inserting ``(29), and (30)''.
        (c) Inclusion in Benchmark Coverage.--Section 1937(b)(5) of such
    Act is amended by inserting before the period at the end the following:
    ``, and beginning January 1, 2022, coverage of routine patient costs
    for items and services furnished in connection with participation in a
    qualifying clinical trial (as defined in section 1905(gg))''.
        (d) Exemption of Additional Expenditures From Payment Limits for
    Territories.--Section 1108(g)(4) of the Social Security Act (42 U.S.C.
    1308(g)(4)) is amended--
            (1) by striking ``With respect to'' and inserting the
        following:
                ``(A) In general.--With respect to''; and
            (2) by adding at the end the following new subparagraph:
                ``(B) Additional exemption.--Payments under section 1903
            for medical assistance consisting of routine patient costs (as
            defined in section 1905(gg)(1)) shall not be taken into account
            in applying subsection (f).''.
        (e) Effective Date.--
            (1) In general.--The amendments made by this section shall
        apply with respect to items and services furnished on or after
        January 1, 2022.
            (2) Exception for state legislation.--In the case of a State
        plan under title XIX of the Social Security Act (42 U.S.C. 1396 et
        seq.), or waiver of such plan, that the Secretary of Health and
        Human Services determines requires State legislation in order for
        the respective plan to meet any requirement imposed by amendments
        made by this section, the respective plan shall not be regarded as
        failing to comply with the requirements of such title solely on the
        basis of its failure to meet such an additional requirement before
        the first day of the first calendar quarter beginning after the
        close of the first regular session of the State legislature that
        begins after the date of the enactment of this Act. For purposes of
        the previous sentence, in the case of a State that has a 2-year
        legislative session, each year of the session shall be considered
        to be a separate regular session of the State legislature.

                           TITLE III--HUMAN SERVICES

        SEC. 301. EXTENSION OF TANF, CHILD CARE ENTITLEMENT TO STATES, AND
          RELATED PROGRAMS.
        Activities authorized by part A of title IV and section 1108(b) of
    the Social Security Act shall continue through September 30, 2021, in
    the manner authorized for fiscal year 2020, and out of any money in the
    Treasury of the United States not otherwise appropriated, there are
    hereby appropriated such sums as may be necessary for such purpose.
    Grants and payments may be made pursuant to this authority on a
    quarterly basis through the 4th quarter of fiscal year 2021 at the
    level provided for such activities for the corresponding quarter of
    fiscal year 2020.
        SEC. 302. PERSONAL RESPONSIBILITY EDUCATION EXTENSION.
        Section 513 of the Social Security Act (42 U.S.C. 713) is amended--
            (1) in subsection (a)--
                (A) in paragraph (1)--
                    (i) in subparagraph (A)--

                        (I) in the matter preceding clause (i), by striking
                    ``2020 and for the period beginning October 1, 2020,
                    and ending December 18, 2020'' and inserting ``2023'';
                    and
                        (II) in clause (i), by striking ``or period'';

                    (ii) in subparagraph (B)(i), by striking the 2nd
                sentence;
                    (iii) in subparagraph (C)(i)--

                        (I) by striking ``or the period described in
                    subparagraph (A)''; and
                        (II) by striking ``or period'';

                (B) in paragraph (3)--
                    (i) by striking ``or the period described in paragraph
                (1)(A)''; and
                    (ii) by striking ``or period''; and
                (C) in paragraph (4)--
                    (i) by striking ``2020 and for the period described in
                paragraph (1)(A)'' and inserting ``2023'';
                    (ii) by striking ``2020 and for the period so
                described'' and inserting ``2023''; and
                    (iii) by striking ``or the period so described'';
            (2) in subsection (c)--
                (A) in each of paragraphs (1) and (2), by striking
            ``Subject to paragraph (3), from'' and inserting ``From''; and
                (B) by striking paragraph (3); and
            (3) in subsection (f), by striking ``2020, and for the period
        beginning on October 1, 2020, and ending on December 18, 2020, the
        amount equal to the pro rata portion of the amount appropriated for
        such period for fiscal year 2020'' and inserting ``2023''.
        SEC. 303. SEXUAL RISK AVOIDANCE EDUCATION EXTENSION.
        Section 510 of the Social Security Act (42 U.S.C. 710) is amended--
            (1) in subsection (a)--
                (A) in paragraph (1)--
                    (i) in the matter preceding subparagraph (A)--

                        (I) by striking ``2020 and for the period beginning
                    October 1, 2020, and ending December 18, 2020'' and
                    inserting ``2023''; and
                        (II) by striking ``(or, with respect to such
                    period, for fiscal year 2021)''; and

                    (ii) in subparagraph (A), by striking ``or period''
                each place it appears;
                (B) in paragraph (2)--
                    (i) in subparagraph (A)--

                        (I) by striking ``2020 and for the period beginning
                    October 1, 2020, and ending December 18, 2020'' and
                    inserting ``2023''; and
                        (II) by striking ``(or, with respect to such
                    period, for fiscal year 2021)''; and

                    (ii) in subparagraph (B)(i), by striking ``(or, with
                respect to the period described in subparagraph (A), for
                fiscal year 2021)''; and
            (2) in subsection (f)--
                (A) in paragraph (1), by striking ``2020, and for the
            period beginning on October 1, 2020, and ending on December 18,
            2020, the amount equal to the pro rata portion of the amount
            appropriated for such period for fiscal year 2020'' and
            inserting ``2023''; and
                (B) in paragraph (2), by striking ``2020, and for the
            period described in paragraph (1),'' and inserting ``2023,''.
        SEC. 304. EXTENSION OF SUPPORT FOR CURRENT HEALTH PROFESSIONS
          OPPORTUNITY GRANTS.
        Out of any money in the Treasury of the United States not otherwise
    appropriated, there are hereby appropriated to the Secretary of Health
    and Human Services $3,600,000, which shall be available--
            (1) through the end of fiscal year 2021 for necessary
        administrative expenses to carry out grants made under section
        2008(a) of the Social Security Act before the date of the enactment
        of this Act; and
            (2) through the end of fiscal year 2022 for research,
        evaluation, and reporting under such section, and for necessary
        administrative expenses to carry out these activities.
        SEC. 305. EXTENSION OF MARYLEE ALLEN PROMOTING SAFE AND STABLE
          FAMILIES PROGRAM AND STATE COURT SUPPORT.
        (a) Extensions.--Section 436 of the Social Security Act (42 U.S.C.
    629f) is amended in each of subsections (a), (b)(4)(A), (b)(5), and
    (f)(10) by striking ``2021'' and inserting ``2022''.
        (b) Program Changes.--Section 438 of such Act (42 U.S.C. 629h) is
    amended--
            (1) in subsection (a)--
                (A) in paragraph (2)--
                    (i) in subparagraph (A), by inserting ``in a timely and
                complete manner'' before ``, as set forth''; and
                    (ii) in subparagraph (C), by striking the semicolon and
                inserting ``, including by training judges, attorneys, and
                other legal personnel.''; and
                (B) by striking paragraphs (3) and (4);
            (2) in subsection (b)--
                (A) by striking paragraph (2);
                (B) by striking all that precedes ``be eligible to
            receive'' and inserting the following:
        ``(b) Applications.--In order to''; and
                (C) in the matter preceding paragraph (2)--
                    (i) by moving the matter 2 ems to the left;
                    (ii) in subparagraph (A)--

                        (I) by striking ``(A) in the case of a grant for
                    the purpose described in subsection (a)(3),'' and
                    inserting ``(1)''; and
                        (II) by inserting ``use not less than 30 percent of
                    grant funds to'' before ``collaborate'';

                    (iii) in subparagraph (B), by striking ``(B) in the
                case of a grant for the purpose described in subsection
                (a)(4),'' and inserting ``(2)''; and
                    (iv) in subparagraph (C), by striking ``(C) in the case
                of a grant for the purpose described in subsection (a),''
                and inserting ``(3)'';
            (3) by striking subsection (c) and inserting the following:
        ``(c) Amount of Grant.--
            ``(1) In general.--From the amounts reserved under sections
        436(b)(2) and 437(b)(2) for a fiscal year, each highest State court
        that has an application approved under this section for the fiscal
        year shall be entitled to payment of an amount equal to the sum
        of--
                ``(A) $255,000; and
                ``(B) the amount described in paragraph (2) with respect to
            the court and the fiscal year.
            ``(2) Amount described.--The amount described in this paragraph
        with respect to a court and a fiscal year is the amount that bears
        the same ratio to the total of the amounts reserved under sections
        436(b)(2) and 437(b)(2) for grants under this section for the
        fiscal year (after applying paragraphs (1)(A) and (3) of this
        subsection) as the number of individuals in the State in which the
        court is located who have not attained 21 years of age bears to the
        total number of such individuals in all States with a highest State
        court that has an approved application under this section for the
        fiscal year.
            ``(3) Indian tribes.--From the amounts reserved under section
        436(b)(2) for a fiscal year, the Secretary shall, before applying
        paragraph (1) of this subsection, allocate $1,000,000 for grants to
        be awarded on a competitive basis among the highest courts of
        Indian tribes or tribal consortia that--
                ``(A) are operating a program under part E, in accordance
            with section 479B;
                ``(B) are seeking to operate a program under part E and
            have received an implementation grant under section 476; or
                ``(C) have a court responsible for proceedings related to
            foster care or adoption.''; and
            (4) in subsection (d), by striking ``2017 through 2021'' and
        inserting ``2018 through 2022''.
        (c) Effective Date.--The amendments made by this section shall take
    effect on October 1, 2021.

                            TITLE IV--HEALTH OFFSETS

        SEC. 401. REQUIRING CERTAIN MANUFACTURERS TO REPORT DRUG PRICING
          INFORMATION WITH RESPECT TO DRUGS UNDER THE MEDICARE PROGRAM.
        (a) In General.--Section 1847A of the Social Security Act (42
    U.S.C. 1395w-3a) is amended--
            (1) in subsection (b)--
                (A) in paragraph (2)(A), by inserting ``or subsection
            (f)(2), as applicable'' before the period at the end;
                (B) in paragraph (3), in the matter preceding subparagraph
            (A), by inserting ``or subsection (f)(2), as applicable,''
            before ``determined by''; and
                (C) in paragraph (6)(A), in the matter preceding clause
            (i), by inserting ``or subsection (f)(2), as applicable,''
            before ``determined by''; and
            (2) in subsection (f)--
                (A) by striking ``For requirements'' and inserting the
            following:
            ``(1) In general.--For requirements''; and
                (B) by adding at the end the following new paragraph:
            ``(2) Manufacturers without a rebate agreement under title
        xix.--
                ``(A) In general.--If the manufacturer of a drug or
            biological described in subparagraph (C), (E), or (G) of
            section 1842(o)(1) or in section 1881(b)(14)(B) that is payable
            under this part has not entered into and does not have in
            effect a rebate agreement described in subsection (b) of
            section 1927, for calendar quarters beginning on January 1,
            2022, such manufacturer shall report to the Secretary the
            information described in subsection (b)(3)(A)(iii) of such
            section 1927 with respect to such drug or biological in a time
            and manner specified by the Secretary. For purposes of applying
            this paragraph, a drug or biological described in the previous
            sentence includes items, services, supplies, and products that
            are payable under this part as a drug or biological.
                ``(B) Audit.--Information reported under subparagraph (A)
            is subject to audit by the Inspector General of the Department
            of Health and Human Services.
                ``(C) Verification.--The Secretary may survey wholesalers
            and manufacturers that directly distribute drugs or biologicals
            described in subparagraph (A), when necessary, to verify
            manufacturer prices and manufacturer's average sales prices
            (including wholesale acquisition cost) if required to make
            payment reported under subparagraph (A). The Secretary may
            impose a civil monetary penalty in an amount not to exceed
            $100,000 on a wholesaler, manufacturer, or direct seller, if
            the wholesaler, manufacturer, or direct seller of such a drug
            or biological refuses a request for information about charges
            or prices by the Secretary in connection with a survey under
            this subparagraph or knowingly provides false information. The
            provisions of section 1128A (other than subsections (a) (with
            respect to amounts of penalties or additional assessments) and
            (b)) shall apply to a civil money penalty under this
            subparagraph in the same manner as such provisions apply to a
            penalty or proceeding under section 1128A(a).
                ``(D) Confidentiality.--Notwithstanding any other provision
            of law, information disclosed by manufacturers or wholesalers
            under this paragraph (other than the wholesale acquisition cost
            for purposes of carrying out this section) is confidential and
            shall not be disclosed by the Secretary in a form which
            discloses the identity of a specific manufacturer or wholesaler
            or prices charged for drugs or biologicals by such manufacturer
            or wholesaler, except--
                    ``(i) as the Secretary determines to be necessary to
                carry out this section (including the determination and
                implementation of the payment amount), or to carry out
                section 1847B;
                    ``(ii) to permit the Comptroller General of the United
                States to review the information provided;
                    ``(iii) to permit the Director of the Congressional
                Budget Office to review the information provided;
                    ``(iv) to permit the Medicare Payment Advisory
                Commission to review the information provided; and
                    ``(v) to permit the Medicaid and CHIP Payment and
                Access Commission to review the information provided.''.
        (b) Enforcement.--Section 1847A of such Act (42 U.S.C. 1395w-3a) is
    further amended--
            (1) in subsection (d)(4)--
                (A) in subparagraph (A), by striking ``In general'' and
            inserting ``Misrepresentation'';
                (B) in subparagraph (B), by striking ``subparagraph (B)''
            and inserting ``subparagraph (A), (B), or (C)'';
                (C) by redesignating subparagraph (B) as subparagraph (E);
            and
                (D) by inserting after subparagraph (A) the following new
            subparagraphs:
                ``(B) Failure to provide timely information.--If the
            Secretary determines that a manufacturer described in
            subsection (f)(2) has failed to report on information described
            in section 1927(b)(3)(A)(iii) with respect to a drug or
            biological in accordance with such subsection, the Secretary
            shall apply a civil money penalty in an amount of $10,000 for
            each day the manufacturer has failed to report such information
            and such amount shall be paid to the Treasury.
                ``(C) False information.--Any manufacturer required to
            submit information under subsection (f)(2) that knowingly
            provides false information is subject to a civil money penalty
            in an amount not to exceed $100,000 for each item of false
            information. Such civil money penalties are in addition to
            other penalties as may be prescribed by law.
                ``(D) Increasing oversight and enforcement.--For calendar
            quarters beginning on or after January 1, 2022, section
            1927(b)(3)(C)(iv) shall be applied as if--
                    ``(i) each reference to `under this subparagraph and
                subsection (c)(4)(B)(ii)(III)' were a reference to `under
                this subparagraph, subsection (c)(4)(B)(ii)(III), and
                subparagraphs (A), (B), and (C) of section 1847A(d)(4)';
                and
                    ``(ii) the reference to `activities related to the
                oversight and enforcement of this section and agreements
                under this section' were a reference to `activities related
                to the oversight and enforcement of this section and under
                subsection (f)(2) of section 1847A and subparagraphs (A),
                (B), and (C) of section 1847A(d)(4) and, if applicable,
                agreements under this section'.''; and
            (2) in subsection (c)(6)(A), by striking the period at the end
        and inserting ``, except that, for purposes of subsection (f)(2),
        the Secretary may, if the Secretary determines appropriate, exclude
        repackagers of a drug or biological from such term.''.
        (c) Manufacturers With a Rebate Agreement.--
            (1) In general.--Section 1927(b)(3)(A) of the Social Security
        Act (42 U.S.C. 1396r-8(b)(3)(A)) is amended by adding at the end
        the following new sentence: ``For purposes of applying clause
        (iii), for calendar quarters beginning on or after January 1, 2022,
        a drug or biological described in the flush matter following such
        clause includes items, services, supplies, and products that are
        payable under part B of title XVIII as a drug or biological.''.
            (2) Technical amendment.--Section 1927(b)(3)(A)(iii) of the
        Social Security Act (42 U.S.C. 1396r-8(b)(3)(A)(iii)) is amended by
        striking ``section 1881(b)(13)(A)(ii)'' and inserting ``section
        1881(b)(14)(B)''.
        (d) Report.--Not later than January 1, 2023, the Inspector General
    of the Department of Health and Human Services shall assess and submit
    to Congress a report on the accuracy of average sales price information
    submitted by manufacturers under section 1847A of the Social Security
    Act (42 U.S.C. 1395w-3a), including the extent to which manufacturers
    provide false information, misclassify drug products, or misreport
    information. Such report shall include any recommendations on how to
    improve the accuracy of such information.
        SEC. 402. EXTENDED MONTHS OF COVERAGE OF IMMUNOSUPPRESSIVE DRUGS
          FOR KIDNEY TRANSPLANT PATIENTS AND OTHER RENAL DIALYSIS
          PROVISIONS.
        (a) Medicare Entitlement to Immunosuppressive Drugs for Kidney
    Transplant Recipients.--
            (1) In general.--Section 226A(b)(2) of the Social Security Act
        (42 U.S.C. 426-1(b)(2)) is amended by inserting ``(except for
        eligibility for enrollment under part B solely for purposes of
        coverage of immunosuppressive drugs described in section
        1861(s)(2)(J))'' before ``, with the thirty-sixth month''.
            (2) Individuals eligible only for coverage of immunosuppressive
        drugs.--
                (A) In general.--Section 1836 of the Social Security Act
            (42 U.S.C. 1395o) is amended--
                    (i) by striking ``Every'' and inserting ``(a) In
                General.--Every''; and
                    (ii) by adding at the end the following new subsection:
        ``(b) Individuals Eligible for Immunosuppressive Drug Coverage.--
            ``(1) In general.--Except as provided under paragraph (2),
        every individual whose entitlement to insurance benefits under part
        A ends (whether before, on, or after January 1, 2023) by reason of
        section 226A(b)(2) is eligible to enroll or to be deemed to have
        enrolled in the medical insurance program established by this part
        solely for purposes of coverage of immunosuppressive drugs in
        accordance with section 1837(n).
            ``(2) Exception if other coverage is available.--
                ``(A) In general.--An individual described in paragraph (1)
            shall not be eligible for enrollment in the program for
            purposes of coverage described in such paragraph with respect
            to any period in which the individual, as determined in
            accordance with subparagraph (B)--
                    ``(i) is enrolled in a group health plan or group or
                individual health insurance coverage, as such terms are
                defined in section 2791 of the Public Health Service Act;
                    ``(ii) is enrolled for coverage under the TRICARE for
                Life program under section 1086(d) of title 10, United
                States Code;
                    ``(iii) is enrolled under a State plan (or waiver of
                such plan) under title XIX and is eligible to receive
                benefits for immunosuppressive drugs described in this
                subsection under such plan (or such waiver);
                    ``(iv) is enrolled under a State child health plan (or
                waiver of such plan) under title XXI and is eligible to
                receive benefits for such drugs under such plan (or such
                waiver); or
                    ``(v)(I) is enrolled in the patient enrollment system
                of the Department of Veterans Affairs established and
                operated under section 1705 of title 38, United States
                Code;
                    ``(II) is not required to enroll under section 1705 of
                such title to receive immunosuppressive drugs described in
                this subsection; or
                    ``(III) is otherwise eligible under a provision of
                title 38, United States Code, other than section 1710 of
                such title to receive immunosuppressive drugs described in
                this subsection.
                ``(B) Eligibility determinations.--
                    ``(i) In general.--The Secretary, in coordination with
                the Commissioner of Social Security, shall establish a
                process for determining whether an individual described in
                paragraph (1) who is to be enrolled or deemed to be
                enrolled in the medical insurance program described in such
                paragraph meets the requirements for such enrollment under
                this subsection, including the requirement that the
                individual not be enrolled in other coverage as described
                in subparagraph (A).
                    ``(ii) Attestation regarding other coverage.--The
                process established under clause (i) shall include, at a
                minimum, a requirement that--

                        ``(I) the individual provide to the Commissioner an
                    attestation that the individual is not enrolled and
                    does not expect to enroll in such other coverage; and
                        ``(II) the individual notify the Commissioner
                    within 60 days of enrollment in such other coverage.''.

                (B) Conforming amendment.--
                    (i) In general.--Sections 1837, 1838, and 1839 of the
                Social Security Act (42 U.S.C. 1395p, 42 U.S.C. 1395q, 42
                U.S.C. 1395r) are each amended by striking ``1836'' and
                inserting ``1836(a)'' each place it appears.
                    (ii) Additional amendment.--Section 1837(j)(1) of such
                Act (42 U.S.C. 1395p(j)(1)) is amended by striking
                ``1836(1)'' and inserting ``1836(a)(1)''.
        (b) Enrollment for Individuals Only Eligible for Coverage of
    Immunosuppressive Drugs.--Section 1837 of the Social Security Act (42
    U.S.C. 1395p), as amended by section 120, is amended by adding at the
    end the following new subsection:
        ``(n)(1) Any individual who is eligible for coverage of
    immunosuppressive drugs under section 1836(b) may enroll or be deemed
    to have enrolled only in such manner and form as may be prescribed by
    regulations, and only during an enrollment period described in this
    subsection.
        ``(2) An individual described in paragraph (1) whose entitlement
    for hospital insurance benefits under part A ends by reason of section
    226A(b)(2) prior to January 1, 2023, may enroll beginning on October 1,
    2022, or the day on which the individual first satisfies section
    1836(b), whichever is later.
        ``(3) An individual described in paragraph (1) whose entitlement
    for hospital insurance benefits under part A ends by reason of section
    226A(b)(2) on or after January 1, 2023, shall be deemed to have
    enrolled in the medical insurance program established by this part for
    purposes of coverage of immunosuppressive drugs.
        ``(4) The Secretary shall establish a process under which an
    individual described in paragraph (1) whose other coverage described in
    section 1836(b)(2)(A), or coverage under this part (including the
    medical insurance program established under this part for purposes of
    coverage of immunosuppressive drugs), is terminated voluntarily or
    involuntary may enroll or reenroll, if applicable, in the medical
    insurance program established under this part for purposes of coverage
    of immunosuppressive drugs.''.
        (c) Coverage Period for Individuals Only Eligible for Coverage of
    Immunosuppressive Drugs.--
            (1) In general.--Section 1838 of the Social Security Act (42
        U.S.C. 1395q), as amended by section 120, is further amended by
        adding at the end the following new subsection:
        ``(h) In the case of an individual described in section 1836(b)(1),
    the following rules shall apply:
            ``(1) In the case of such an individual who is deemed to have
        enrolled in part B for coverage of immunosuppressive drugs under
        section 1837(n)(3), such individual's coverage period shall begin
        on the first day of the month in which the individual first
        satisfies section 1836(b).
            ``(2) In the case of such an individual who enrolls (or
        reenrolls, if applicable) in part B for coverage of
        immunosuppressive drugs under paragraph (2) or (4) of section
        1837(n), such individual's coverage period shall begin on January
        1, 2023, or the month following the month in which the individual
        so enrolls (or reenrolls), whichever is later.
            ``(3) The provisions of subsections (b) and (d) shall apply
        with respect to an individual described in paragraph (1) or (2).
            ``(4) In addition to the reasons for termination under
        subsection (b), the coverage period of an individual described in
        paragraph (1) or (2) shall end when the individual becomes entitled
        to benefits under this title under subsection (a) or (b) of section
        226, or under section 226A, or is no longer eligible for such
        coverage as a result of the application of section 1836(b)(2).
            ``(5) The Secretary may conduct public education activities to
        raise awareness of the availability of more comprehensive,
        individual health insurance coverage (as defined in section 2791 of
        the Public Health Service Act) for individuals eligible under
        section 1836(b) to enroll or to be deemed enrolled in the medical
        insurance program established under this part for purposes of
        coverage of immunosuppressive drugs.''.
            (2) Conforming amendments.--Section 1838(b) of the Social
        Security Act (42 U.S.C. 1395q(b)) is amended, in the matter
        following paragraph (2), by inserting ``or section 1837(n)(3)''
        after ``section 1837(f)'' each place it appears.
        (d) Premiums for Individuals Only Eligible for Coverage of
    Immunosuppressive Drugs.--
            (1) In general.--Section 1839 of the Social Security Act (42
        U.S.C. 1395r), as amended by section 120, is further amended--
                (A) in subsection (b), by adding at the end the following
            new sentence: ``No increase in the premium shall be effected
            for individuals who are enrolled pursuant to section 1836(b)
            for coverage only of immunosuppressive drugs.''; and
                (B) by adding at the end the following new subsection:
        ``(j) Determination of Premium for Individuals Only Eligible for
    Coverage of Immunosuppressive Drugs.--The Secretary shall, during
    September of each year (beginning with 2022), determine and promulgate
    a monthly premium rate for the succeeding calendar year for individuals
    enrolled only for the purpose of coverage of immunosuppressive drugs
    under section 1836(b). Such premium shall be equal to 15 percent of the
    monthly actuarial rate for enrollees age 65 and over (as would be
    determined in accordance with subsection (a)(1) if the reference to
    `one-half' in such subsection were a reference to `100 percent') for
    that succeeding calendar year. The monthly premium of each individual
    enrolled for coverage of immunosuppressive drugs under section 1836(b)
    for each month shall be the amount promulgated in this subsection. In
    the case of such individual not otherwise enrolled under this part,
    such premium shall be in lieu of any other monthly premium applicable
    under this section. Such amount shall be adjusted in accordance with
    subsections (c), (f), and (i), but shall not be adjusted under
    subsection (b).''.
            (2) Special rule for application of hold harmless provisions to
        transitioning individuals.--Section 1839(f) of the Social Security
        Act (42 U.S.C. 1395r(f)) is amended by adding at the end the
        following new sentence: ``Any increase in the premium for an
        individual who was enrolled under section 1836(b) attributable to
        such individual otherwise enrolling under this part shall not be
        taken into account in applying this subsection.''.
            (3) Special rule for application of premium subsidy reduction
        provisions.--Section 1839(i)(3)(A)(ii)(II) of the Social Security
        Act (42 U.S.C. 1395r(i)(3)(A)(ii)(II)) is amended by inserting
        ``(or, with respect to an individual enrolled under section 1836(b)
        and not otherwise enrolled under this part, 0 times the amount of
        such increase)'' after ``in the year''.
        (e) Government Contribution.--Section 1844(a) of the Social
    Security Act (42 U.S.C. 1395w(a)) is amended--
            (1) in paragraph (3), by striking the period at the end and
        inserting ``; plus'';
            (2) by inserting after paragraph (3) the following new
        paragraph:
            ``(4) a Government contribution equal to the estimated
        aggregate reduction in premiums payable under part B that results
        from establishing the premium at 15 percent of the actuarial rate
        (as would be determined in accordance with section 1839(a)(1) if
        the reference to `one-half' in such section were a reference to
        `100 percent') under section 1839(j) instead of 25 percent of such
        rate (as so determined) for individuals enrolled only for the
        purpose of coverage of immunosuppressive drugs under section
        1836(b).''; and
            (3) by adding the following sentence at the end of the flush
        matter following paragraph (4), as added by paragraph (2) of this
        subsection:
        ``The Government contribution under paragraph (4) shall be treated
        as premiums payable and deposited for purposes of subparagraphs (A)
        and (B) of paragraph (1).''.
        (f) Ensuring Coverage Under the Medicare Savings Program.--
            (1) In general.--Section 1905(p)(1)(A) of the Social Security
        Act (42 U.S.C. 1396d(p)(1)(A)) is amended by inserting ``or who is
        enrolled under part B for the purpose of coverage of
        immunosuppressive drugs under section 1836(b)'' after ``under
        section 1818A)''.
            (2) Conforming amendments.--Section 1902(a)(10)(E) of the
        Social Security Act (42 U.S.C. 1396a(a)(10)(E)) is amended in each
        of clauses (iii) and (iv) by inserting ``(including such
        individuals enrolled under section 1836(b))'' after ``section
        1905(p)(1)''.
        (g) Part D.--Section 1860D-1(a)(3)(A) of the Social Security Act
    (42 U.S.C. 1395w-101(a)(3)(A)) is amended by inserting ``(but not
    including an individual enrolled solely for coverage of
    immunosuppressive drugs under section 1836(b))'' before the period at
    the end.
        (h) GAO Study and Report.--
            (1) Study.--The Comptroller General of the United States (in
        this subsection referred to as the ``Comptroller General'') shall
        conduct a study on the implementation of coverage of
        immunosuppressive drugs for kidney transplant patients under the
        Medicare program pursuant to the provisions of, and amendments made
        by, this section.
            (2) Report.--Not later than January 1, 2025, the Comptroller
        General shall submit to Congress a report on the study conducted
        under paragraph (1), together with recommendations as the
        Comptroller General determines appropriate.
        SEC. 403. PERMITTING DIRECT PAYMENT TO PHYSICIAN ASSISTANTS UNDER
          MEDICARE.
        Section 1842(b)(6)(C) of the Social Security Act (42 U.S.C.
    1395u(b)(6)(C)) is amended, in the matter preceding clause (i), by
    inserting ``for such services furnished before January 1, 2022,'' after
    ``1861(s)(2)(K),''.
        SEC. 404. ADJUSTING CALCULATION OF HOSPICE CAP AMOUNT UNDER
          MEDICARE.
        Section 1814(i)(2)(B) of the Social Security Act (42 U.S.C.
    1395f(i)(2)(B)) is amended--
            (1) in clause (ii), by striking ``2025'' and inserting
        ``2030''; and
            (2) in clause (iii), by striking ``2025'' and inserting
        ``2030''.
        SEC. 405. SPECIAL RULE FOR DETERMINATION OF ASP IN CASES OF CERTAIN
          NONCOVERED SELF-ADMINISTERED DRUG PRODUCTS.
        Section 1847A of the Social Security Act (42 U.S.C. 1395w-3a) is
    amended by redesignating subsection (g) as subsection (h) and by
    inserting after subsection (f) the following:
        ``(g) Payment Adjustment for Certain Drugs for Which There Is a
    Self-administered NDC.--
            ``(1) OIG studies.--The Inspector General of the Department of
        Health and Human Services shall conduct periodic studies to
        identify National Drug Codes for drug or biological products that
        are self-administered for which payment may not be made under this
        part because such products are not covered pursuant to section
        1861(s)(2) and which the Inspector General determines (based on the
        same or similar methodologies to the methodologies used in the
        final recommendation followup report of the Inspector General
        described in paragraph (3) or in the November 2017 final report of
        the Inspector General entitled `Excluding Noncovered Versions When
        Setting Payment for Two Part B Drugs Would Have Resulted in Lower
        Drug Costs for Medicare and its Beneficiaries') should be excluded
        from the determination of the payment amount under this section.
            ``(2) Payment adjustment.--If the Inspector General identifies
        a National Drug Code for a drug or biological product under
        paragraph (1), the Inspector General shall inform the Secretary (at
        such times as the Secretary may specify to carry out this
        paragraph) and the Secretary shall, to the extent the Secretary
        deems appropriate, apply as the amount of payment under this
        section for the applicable billing and payment code the lesser of--
                ``(A) the amount of payment that would be determined under
            this section for such billing and payment code if such National
            Drug Code for such product so identified under paragraph (1)
            were excluded from such determination; or
                ``(B) the amount of payment otherwise determined under this
            section for such billing and payment code without application
            of this subsection.
            ``(3) Application to certain identified products.--In the case
        of a National Drug Code for a drug or biological product that is
        self-administered for which payment is not made under this part
        because such product is not covered pursuant to section 1861(s)(2)
        that was identified by the Inspector General of the Department of
        Health and Human Services in the final recommendation followup
        report of the Inspector General published July 2020, entitled
        Loophole in Drug Payment Rule Continues To Cost Medicare and
        Beneficiaries Hundreds of Millions of Dollars, beginning July 1,
        2021, the amount of payment under this section for the applicable
        billing and payment code shall be the lesser of--
                ``(A) the amount of payment that would be determined under
            this section for such billing and payment code if such National
            Drug Code for such drug or biological products so identified
            were excluded from such determination; or
                ``(B) the amount of payment otherwise determined under this
            section for such billing and payment code without application
            of this subsection.''.
        SEC. 406. MEDICAID IMPROVEMENT FUND.
        Section 1941(b)(3)(A) of the Social Security Act (42 U.S.C 1396w-
    1(b)(3)(A)), as amended by section 1303 of the Further Continuing
    Appropriations Act, 2021, and Other Extensions Act, is amended by
    striking `` $3,464,000,000'' and inserting `` $0''.
        SEC. 407. ESTABLISHING HOSPICE PROGRAM SURVEY AND ENFORCEMENT
          PROCEDURES UNDER THE MEDICARE PROGRAM.
        (a) Survey and Enforcement Procedures.--
            (1) In general.--Part A of title XVIII of the Social Security
        Act (42 U.S.C. 1395c et seq.) is amended by adding at the end the
        following new section:
    ``SEC. 1822. HOSPICE PROGRAM SURVEY AND ENFORCEMENT PROCEDURES.
        ``(a) Surveys.--
            ``(1) Frequency.--Any entity that is certified as a hospice
        program (as defined in section 1861(dd)(2)) shall be subject to a
        standard survey by an appropriate State or local survey agency, or
        an approved accreditation agency, as determined by the Secretary,
        not less frequently than once every 36 months.
            ``(2) Public transparency of survey and certification
        information.--
                ``(A) Submission of information to the secretary.--
                    ``(i) In general.--Each State or local survey agency,
                and each national accreditation body with respect to which
                the Secretary has made a finding under section 1865(a)
                respecting the accreditation of a hospice program by such
                body, shall submit, in a form and manner, and at a time,
                specified by the Secretary for purposes of this paragraph,
                information respecting any survey or certification made
                with respect to a hospice program by such survey agency or
                body, as applicable. Such information shall include any
                inspection report made by such survey agency or body with
                respect to such survey or certification, any enforcement
                actions taken as a result of such survey or certification,
                and any other information determined appropriate by the
                Secretary.
                    ``(ii) Required inclusion of specified form.--With
                respect to a survey under this subsection carried out by a
                national accreditation body described in clause (i) on or
                after October 1, 2021, information described in such clause
                shall include Form CMS-2567 (or a successor form), along
                with such additional information determined appropriate by
                such body.
                ``(B) Public disclosure of information.--Beginning not
            later than October 1, 2022, the Secretary shall publish the
            information submitted under subparagraph (A) on the public
            website of the Centers for Medicare & Medicaid Services in a
            manner that is prominent, easily accessible, readily
            understandable, and searchable. The Secretary shall provide for
            the timely update of such information so published.
            ``(3) Consistency of surveys.--Each State and the Secretary
        shall implement programs to measure and reduce inconsistency in the
        application of survey results among surveyors.
            ``(4) Survey teams.--
                ``(A) In general.--In the case of a survey conducted under
            this subsection on or after October 1, 2021, by more than 1
            individual, such survey shall be conducted by a
            multidisciplinary team of professionals (including a registered
            professional nurse).
                ``(B) Prohibition of conflicts of interest.--Beginning
            October 1, 2021, a State may not use as a member of a survey
            team under this subsection an individual who is serving (or has
            served within the previous 2 years) as a member of the staff
            of, or as a consultant to, the program surveyed respecting
            compliance with the requirements of section 1861(dd) or who has
            a personal or familial financial interest in the program being
            surveyed.
                ``(C) Training.--The Secretary shall provide, not later
            than October 1, 2021, for the comprehensive training of State
            and Federal surveyors, and any surveyor employed by a national
            accreditation body described in paragraph (2)(A)(i), in the
            conduct of surveys under this subsection, including training
            with respect to the review of written plans for providing
            hospice care (as described in section 1814(a)(7)(B)). No
            individual shall serve as a member of a survey team with
            respect to a survey conducted on or after such date unless the
            individual has successfully completed a training and testing
            program in survey and certification techniques that has been
            approved by the Secretary.
            ``(5) Funding.--The Secretary shall provide for the transfer,
        from the Federal Hospital Insurance Trust Fund under section 1817
        to the Centers for Medicare & Medicaid Services Program Management
        Account, of $10,000,000 for each fiscal year (beginning with fiscal
        year 2022) for purposes of carrying out this subsection and
        subsection (b). Sums so transferred shall remain available until
        expended. Any transfer pursuant to this paragraph shall be in
        addition to any transfer pursuant to section 3(a)(2) of the
        Improving Medicare Post-Acute Care Transformation Act of 2014.
        ``(b) Special Focus Program.--
            ``(1) In general.--The Secretary shall conduct a special focus
        program for enforcement of requirements for hospice programs that
        the Secretary has identified as having substantially failed to meet
        applicable requirements of this Act.
            ``(2) Periodic surveys.--Under such special focus program, the
        Secretary shall conduct surveys of each hospice program in the
        special focus program not less than once every 6 months.
        ``(c) Enforcement.--
            ``(1) Situations involving immediate jeopardy.--If the
        Secretary determines on the basis of a standard survey or otherwise
        that a hospice program that is certified for participation under
        this title is no longer in compliance with the requirements
        specified in section 1861(dd) and determines that the deficiencies
        involved immediately jeopardize the health and safety of the
        individuals to whom the program furnishes items and services, the
        Secretary shall take immediate action to ensure the removal of the
        jeopardy and correction of the deficiencies or terminate the
        certification of the program, and may provide, in addition, for 1
        or more of the other remedies described in paragraph (5)(B).
            ``(2) Situations not involving immediate jeopardy.--If the
        Secretary determines on the basis of a standard survey or otherwise
        that a hospice program that is certified for participation under
        this title is no longer in compliance with the requirements
        specified in section 1861(dd) and determines that the deficiencies
        involved do not immediately jeopardize the health and safety of the
        individuals to whom the program furnishes items and services, the
        Secretary may (for a period not to exceed 6 months) impose remedies
        developed pursuant to paragraph (5)(A), in lieu of terminating the
        certification of the program. If, after such a period of remedies,
        the program is still no longer in compliance with such
        requirements, the Secretary shall terminate the certification of
        the program.
            ``(3) Penalty for previous noncompliance.--If the Secretary
        determines that a hospice program that is certified for
        participation under this title is in compliance with the
        requirements specified in section 1861(dd) but, as of a previous
        period, did not meet such requirements, the Secretary may provide
        for a civil money penalty under paragraph (5)(B)(i) for the days in
        which the Secretary finds that the program was not in compliance
        with such requirements.
            ``(4) Option to continue payments for noncompliant hospice
        programs.--The Secretary may continue payments under this title
        with respect to a hospice program not in compliance with the
        requirements specified in section 1861(dd) over a period of not
        longer than 6 months, if--
                ``(A) the State or local survey agency finds that it is
            more appropriate to take alternative action to assure
            compliance of the program with such requirements than to
            terminate the certification of the program;
                ``(B) the program has submitted a plan and timetable for
            corrective action to the Secretary for approval and the
            Secretary approves the plan of corrective action; and
                ``(C) the program agrees to repay to the Federal Government
            payments received under this title during such period if the
            corrective action is not taken in accordance with the approved
            plan and timetable.
        The Secretary shall establish guidelines for approval of corrective
        actions requested by hospice programs under this paragraph.
            ``(5) Remedies.--
                ``(A) Development.--
                    ``(i) In general.--Not later than October 1, 2022, the
                Secretary shall develop and implement--

                        ``(I) a range of remedies to apply to hospice
                    programs under the conditions described in paragraphs
                    (1) through (4); and
                        ``(II) appropriate procedures for appealing
                    determinations relating to the imposition of such
                    remedies.

                Remedies developed pursuant to the preceding sentence shall
                include the remedies specified in subparagraph (B).
                    ``(ii) Conditions of imposition of remedies.--Not later
                than October 1, 2022, the Secretary shall develop and
                implement specific procedures with respect to the
                conditions under which each of the remedies developed under
                clause (i) is to be applied, including the amount of any
                fines and the severity of each of these remedies. Such
                procedures shall be designed so as to minimize the time
                between identification of deficiencies and imposition of
                these remedies and shall provide for the imposition of
                incrementally more severe fines for repeated or uncorrected
                deficiencies.
                ``(B) Specified remedies.--The remedies specified in this
            subparagraph are the following:
                    ``(i) Civil money penalties in an amount not to exceed
                $10,000 for each day of noncompliance by a hospice program
                with the requirements specified in section 1861(dd).
                    ``(ii) Suspension of all or part of the payments to
                which a hospice program would otherwise be entitled under
                this title with respect to items and services furnished by
                a hospice program on or after the date on which the
                Secretary determines that remedies should be imposed
                pursuant to paragraphs (1) and (2).
                    ``(iii) The appointment of temporary management to
                oversee the operation of the hospice program and to protect
                and assure the health and safety of the individuals under
                the care of the program while improvements are made in
                order to bring the program into compliance with all such
                requirements.
                ``(C) Procedures.--
                    ``(i) Civil money penalties.--

                        ``(I) In general.--Subject to subclause (II), the
                    provisions of section 1128A (other than subsections (a)
                    and (b)) shall apply to a civil money penalty under
                    this subsection in the same manner as such provisions
                    apply to a penalty or proceeding under section
                    1128A(a).
                        ``(II) Retention of amounts for hospice program
                    improvements.--The Secretary may provide that any
                    portion of civil money penalties collected under this
                    subsection may be used to support activities that
                    benefit individuals receiving hospice care, including
                    education and training programs to ensure hospice
                    program compliance with the requirements of section
                    1861(dd).

                    ``(ii) Suspension of payment.--A finding to suspend
                payment under subparagraph (B)(ii) shall terminate when the
                Secretary finds that the program is in substantial
                compliance with all requirements of section 1861(dd).
                    ``(iii) Temporary management.--The temporary management
                under subparagraph (B)(iii) shall not be terminated until
                the Secretary has determined that the program has the
                management capability to ensure continued compliance with
                all the requirements referred to in such subparagraph.
                ``(D) Relationship to other remedies.--The remedies
            developed under subparagraph (A) are in addition to sanctions
            otherwise available under State or Federal law and shall not be
            construed as limiting other remedies, including any remedy
            available to an individual at common law.''.
            (2) Availability of hospice accreditation surveys.--Section
        1865(b) of the Social Security Act (42 U.S.C. 1395bb(b)) is amended
        by inserting ``or, beginning on the date of the enactment of the
        Consolidated Appropriations Act, 2021, a hospice program'' after
        ``home health agency''.
            (3) State provision of hospice program information.--
                (A) In general.--Section 1864(a) of the Social Security Act
            (42 U.S.C. 1395aa(a)) is amended in the sixth sentence--
                    (i) by inserting ``and hospice programs'' after
                ``information on home health agencies'';
                    (ii) by inserting ``or the hospice program'' after
                ``the home health agency'';
                    (iii) by inserting ``or the hospice program'' after
                ``with respect to the agency''; and
                    (iv) by inserting ``and hospice programs'' after ``with
                respect to home health agencies''.
                (B) Effective date.--The amendments made by subparagraph
            (A) shall apply with respect to agreements entered into on or
            after, or in effect as of, the date that is 1 year after the
            date of the enactment of this Act.
            (4) Conforming amendments.--
                (A) Definition of a hospice program.--Section 1861(dd)(4)
            of the Social Security Act (42 U.S.C. 1395x(dd)(4)) is amended
            by striking subparagraph (C).
                (B) Continuation of funding.--Section 3(a)(2) of the
            Improving Medicare Post-Acute Care Transformation Act of 2014
            is amended by inserting ``and section 1822(a)(1) of such Act,''
            after ``as added by paragraph (1),''.
        (b) Increasing Payment Reductions for Failure to Meet Quality Data
    Reporting Requirements.--Section 1814(i)(5)(A)(i) of the Social
    Security Act (42 U.S.C. 1395f(i)(5)(A)(i)) is amended by inserting
    ``(or, for fiscal year 2024 and each subsequent fiscal year, 4
    percentage points)'' before the period.
        (c) Report.--Not later than 36 months after the date of the
    enactment of this Act, the Comptroller General of the United States
    shall submit to Congress a report containing an analysis of the effects
    of the amendments made by subsection (a), including the frequency of
    application of remedies specified in section 1822(c)(5)(B) of the
    Social Security Act (as added by such subsection), on access to, and
    quality of, care furnished by hospice programs under part A of title
    XVIII of the Social Security Act (42 U.S.C. 1395c et seq.).
        SEC. 408. MEDICARE IMPROVEMENT FUND.
        Section 1898(b)(1) of the Social Security Act (42 U.S.C.
    1395iii(b)(1)) is amended by striking `` $0'' and inserting ``
    $165,000,000''.

                             TITLE V--MISCELLANEOUS

        SEC. 501. IMPLEMENTATION FUNDING.
        For purposes of carrying out the provisions of, and the amendments
    made by, titles I, II, and IV, in addition to any funds otherwise made
    available, there are appropriated from amounts in the Treasury not
    otherwise appropriated, $37,000,000 to the Centers for Medicare &
    Medicaid Services Program Management Account for fiscal year 2021, to
    remain available until expended.

                DIVISION DD--MONTANA WATER RIGHTS PROTECTION ACT

    SEC. 1. SHORT TITLE.
        This division may be cited as the ``Montana Water Rights Protection
    Act''.
    SEC. 2. PURPOSES.
        The purposes of this Act are--
            (1) to achieve a fair, equitable, and final settlement of
        claims to water rights in the State of Montana, and in recognition
        of article I, and section 3 of article IX, of the Montana State
        Constitution for--
                (A) the Confederated Salish and Kootenai Tribes of the
            Flathead Indian Reservation; and
                (B) the United States, for the benefit of the Tribes and
            allottees;
            (2) to authorize, ratify, and confirm the water rights compact
        entered into by the Tribes and the State, to the extent that the
        Compact is consistent with this Act;
            (3) to authorize and direct the Secretary of the Interior--
                (A) to execute the Compact; and
                (B) to take any other action necessary to carry out the
            Compact in accordance with this Act; and
            (4) to authorize funds necessary for the implementation of--
                (A) the Compact; and
                (B) this Act.
    SEC. 3. DEFINITIONS.
        (a) In General.--In this Act:
            (1) Allottee.--The term ``allottee'' means an individual who
        holds a beneficial real property interest in an allotment of Indian
        land that is--
                (A) located within the Reservation; and
                (B) held in trust by the United States.
            (2) Bison.--The term ``bison'' means North American plains
        bison.
            (3) Compact.--The term ``Compact'' means--
                (A) the water rights compact entered into and ratified, as
            applicable, by the Confederated Salish and Kootenai Tribes, the
            State, and the United States, as contained in section 85-20-
            1901 of the Montana Code Annotated (2019), including--
                    (i) any appendix or exhibit to that compact; and
                    (ii) any modifications authorized by that compact; and
                (B) any amendment to the compact referred to in
            subparagraph (A) (including an amendment to an appendix or
            exhibit) that is--
                    (i) executed to ensure that the Compact is consistent
                with this Act; or
                    (ii) otherwise authorized by the Compact and this Act.
            (4) Enforceability date.--The term ``enforceability date''
        means the date described in section 10(b).
            (5) Flathead indian irrigation project.--
                (A) In general.--The term ``Flathead Indian irrigation
            project'' means the Federal irrigation project developed by the
            United States to irrigate land within the Reservation pursuant
            to--
                    (i) the Act of April 23, 1904 (33 Stat. 302, chapter
                1495); and
                    (ii) the Act of May 29, 1908 (35 Stat. 444, chapter
                216).
                (B) Inclusions.--The term ``Flathead Indian irrigation
            project'' includes--
                    (i) all land and any reservoir, easement, right-of-way,
                canal, ditch, lateral, or any other facility of the project
                referred to in subparagraph (A) (regardless of location on
                or off the Reservation); and
                    (ii) any headgate, pipeline, pump, building, heavy
                equipment, vehicle, supplies, record, copy of a record, or
                any other physical, tangible object of real or personal
                property used in the management and operation of the
                project referred to in subparagraph (A).
            (6) Hungry horse dam.--The term ``Hungry Horse Dam'' means the
        dam that is a part of the Hungry Horse Project.
            (7) Hungry horse project.--The term ``Hungry Horse Project''
        means the project authorized to be carried out by the Secretary
        under the Act of June 5, 1944 (43 U.S.C. 593a et seq.).
            (8) Hungry horse reservoir.--The term ``Hungry Horse
        Reservoir'' means the reservoir that is a part of the Hungry Horse
        Project.
            (9) Indian tribe.--The term ``Indian tribe'' has the meaning
        given the term in section 4 of the Indian Self-Determination and
        Education Assistance Act (25 U.S.C. 5304).
            (10) Law of administration.--The term ``Law of Administration''
        means the Unitary Administration and Management Ordinance, as set
        forth in Appendix 4 to the Compact.
            (11) Secretary.--The term ``Secretary'' means the Secretary of
        the Interior.
            (12) State.--
                (A) In general.--The term ``State'' means the State of
            Montana.
                (B) Inclusions.--The term ``State'' includes all officers,
            agencies, departments, and political subdivisions of the State.
            (13) Tribal water right.--The term ``Tribal Water Right'' means
        the water right of the Tribes, as established in--
                (A) the Compact; and
                (B) this Act.
            (14) Tribes.--
                (A) In general.--The term ``Tribes'' means the Confederated
            Salish and Kootenai Tribes of the Flathead Reservation of
            Montana.
                (B) Inclusions.--The term ``Tribes'' includes all officers,
            agencies, and departments of the Tribes.
            (15) Trust fund.--The term ``Trust Fund'' means the Selis-
        Qlispe Ksanka Settlement Trust Fund established under section 8(a).
        (b) Definitions of Certain Terms.--Any term used but not defined in
    this Act, including the terms ``Existing Use'', ``Historic Farm
    Deliveries'', ``Instream Flow'', ``Minimum Reservoir Pool Elevations'',
    and ``Reservation'', shall have the meaning given the term in article
    II of the Compact.
    SEC. 4. RATIFICATION OF COMPACT.
        (a) Ratification.--
            (1) In general.--As modified by this Act, the Compact is
        authorized, ratified, and confirmed.
            (2) Amendments.--Any amendment to the Compact is authorized,
        ratified, and confirmed, to the extent that such an amendment--
                (A) is executed to ensure that the Compact is consistent
            with this Act; or
                (B)(i) is approved by the Secretary;
                (ii) concerns nonmonetary matters; and
                (iii) does not affect the water rights of the Tribes
            determined in the Compact, or any other property held in trust
            by the United States on behalf of the Tribes or allottees.
            (3) Modifications.--Nothing in this Act--
                (A) precludes the Secretary from approving a modification
            to the Compact, including an appendix or exhibit to the
            Compact, that is consistent with this Act; or
                (B) authorizes amendments or modifications that otherwise
            require congressional approval under--
                    (i) section 2116 of the Revised Statutes (25 U.S.C.
                177); or
                    (ii) any other applicable Federal law.
        (b) Execution.--To the extent that the Compact does not conflict
    with this Act, the Secretary shall execute the Compact, including all
    exhibits to, appendices to, and parts of the Compact requiring the
    signature of the Secretary.
        (c) Environmental Compliance.--
            (1) In general.--In implementing the Compact and this Act, the
        Secretary and the Tribes shall ensure compliance with--
                (A) the Endangered Species Act of 1973 (16 U.S.C. 1531 et
            seq.);
                (B) the National Environmental Policy Act of 1969 (42
            U.S.C. 4321 et seq.); and
                (C) all other applicable environmental laws (including
            regulations).
            (2) Performance of compliance activities.--The Secretary and
        the Tribes shall perform appropriate Federal environmental
        compliance activities relating to any activity undertaken by the
        Secretary or Tribes pursuant to this Act prior to commencement of
        that activity.
            (3) Effect of execution.--
                (A) In general.--The execution of the Compact by the
            Secretary under this section shall not constitute a major
            Federal action for purposes of the National Environmental
            Policy Act of 1969 (42 U.S.C. 4321 et seq.).
                (B) Compliance.--The Secretary shall ensure compliance with
            all Federal laws and regulations necessary to implement the
            Compact and this Act.
        (d) Public Availability.--As provided in articles IV.I.b (relating
    to hearings), IV.I.c (relating to the employment of a water engineer),
    and IV.I.7.e (relating to Board records) of the Compact, and in
    recognition of section 9 of article II of the Montana State
    Constitution, all records of the Flathead Reservation Water Management
    Board and the Water Engineer employed by the Board shall be open to
    public inspection.
    SEC. 5. TRIBAL WATER RIGHT.
        (a) Intent of Congress.--It is the intent of Congress to provide to
    each allottee benefits that are equivalent to, or that exceed, the
    benefits possessed by allottees on the day before the date of enactment
    of this Act, taking into consideration--
            (1) the potential risks, cost, and time delay associated with
        litigation that would be resolved by the Compact and this Act;
            (2) the availability of funding under this Act and from other
        sources;
            (3) the availability of water from the Tribal Water Right; and
            (4) the applicability of section 7 of the Act of February 8,
        1887 (25 U.S.C. 381), and this Act to protect the interests of
        allottees.
        (b) Confirmation of Tribal Water Right.--
            (1) In general.--The Tribal Water Right is ratified, confirmed,
        and declared to be valid.
            (2) Use.--Any use of the Tribal Water Right shall be subject to
        the terms and conditions of--
                (A) the Compact; and
                (B) this Act.
            (3) Conflict.--In the event of a conflict between the Compact
        and this Act, the provisions of this Act shall control.
        (c) Trust Status of Tribal Water Right.--The Tribal Water Right--
            (1) shall be held in trust by the United States for the use and
        benefit of the Tribes and allottees in accordance with this Act;
        and
            (2) shall not be subject to forfeiture or abandonment.
        (d) Allottees.--
            (1) Applicability of act of february 8, 1887.--The provisions
        of section 7 of the Act of February 8, 1887 (25 U.S.C. 381),
        relating to the use of water for irrigation purposes shall apply to
        the Tribal Water Right.
            (2) Entitlements to water.--
                (A) In general.--Any entitlement to water of an allottee
            under Federal law shall be satisfied from the Tribal Water
            Right.
                (B) Water for irrigation.--Each allottee shall be entitled
            to a just and equitable allocation of water for irrigation
            purposes, to be enforceable under paragraph (3)(B).
            (3) Claims.--
                (A) Exhaustion of remedies.--Before asserting any claim
            against the United States under section 7 of the Act of
            February 8, 1887 (25 U.S.C. 381), or any other applicable law,
            an allottee shall exhaust remedies available under--
                    (i) the Law of Administration; or
                    (ii) other applicable Tribal law.
                (B) Water for irrigation.--After the exhaustion of all
            remedies available under the Law of Administration or other
            applicable Tribal law, an allottee may seek relief under
            section 7 of the Act of February 8, 1887 (25 U.S.C. 381), or
            other applicable law, to seek a just and equitable allocation
            of water for irrigation purposes under paragraph (2)(B).
            (4) Authority of secretary.--The Secretary shall have the
        authority to protect the rights of allottees in accordance with
        this section.
        (e) Authority of Tribes.--
            (1) In general.--The Tribes shall have the authority to
        allocate, distribute, and lease the Tribal Water Right for any use
        on the Reservation in accordance with--
                (A) the Compact;
                (B) the Law of Administration;
                (C) this Act; and
                (D) applicable Federal law.
            (2) Off-reservation use.--The Tribes may allocate, distribute,
        and lease the Tribal Water Right for off-Reservation use in the
        State in accordance with the Compact, subject to the approval of
        the Secretary.
            (3) Land leases by allottees.--Notwithstanding paragraph (1),
        an allottee may lease any interest in land held by the allottee,
        together with any water right determined to be appurtenant to the
        interest in land, in accordance with the Law of Administration.
        (f) Law of Administration.--
            (1) In general.--During the period beginning on the date of
        enactment of this Act and ending on the date on which the Law of
        Administration becomes effective on the Reservation, the Secretary
        shall administer, with respect to the rights of allottees, the
        Tribal Water Right in accordance with this Act.
            (2) Approval.--
                (A) In general.--The Law of Administration is approved.
                (B) Registrations.--As provided in sections 3 and 4 of
            article IX of the Montana State Constitution and section 1-1-
            108 of the Law of Administration, all water rights and changes
            of use authorized under the Law of Administration, including
            all registrations required by sections 2-1-101 through 2-1-107,
            shall be provided to the department of natural resources and
            conservation of the State, to be entered into the water rights
            database of the department.
            (3) Amendments.--
                (A) In general.--An otherwise valid amendment to the Law of
            Administration that affects a right of an allottee shall not be
            effective unless the amendment is approved by the Secretary in
            accordance with this subsection.
                (B) Approval period.--
                    (i) In general.--Subject to clause (ii), the Secretary
                shall approve or disapprove an amendment to the Law of
                Administration not later than 180 days after the date of
                ratification of the amendment by the Tribes and the State.
                    (ii) Extension.--The deadline described in clause (i)
                may be extended by the Secretary after consultation with
                the Tribes.
            (4) Conflict.--In the event of a conflict between the Law of
        Administration and this Act, the provisions of this Act shall
        control.
        (g) Administration.--
            (1) Alienation.--The Tribes shall not permanently alienate any
        portion of the Tribal Water Right.
            (2) Purchases or grants of land from indians.--An authorization
        provided by this Act for an allocation, distribution, lease, or any
        other arrangement shall be considered to satisfy any requirement
        for authorization of the action by treaty or convention under
        section 2116 of the Revised Statutes (25 U.S.C. 177).
            (3) Prohibition on forfeiture.--The nonuse of all, or any
        portion of, the Tribal Water Right by a lessee or contractor shall
        not result in the forfeiture, abandonment, relinquishment, or other
        loss of all, or any portion of, the Tribal Water Right.
        (h) Effect.--Except as otherwise expressly provided in this
    section, nothing in this Act--
            (1) authorizes any action by an allottee against any individual
        or entity, or against the Tribes, under Federal, State, Tribal, or
        local law; or
            (2) alters or affects the status of any action brought pursuant
        to section 1491(a) of title 28, United States Code.
    SEC. 6. STORAGE ALLOCATION FROM HUNGRY HORSE RESERVOIR.
        (a) Storage Allocation to Tribes.--
            (1) In general.--Subject to paragraph (2), the Secretary shall
        allocate to the Tribes 90,000 acre-feet per year, as measured at
        the Hungry Horse Dam, of storage water in Hungry Horse Reservoir
        for use by the Tribes for any beneficial purpose on or off the
        Reservation under a water right held by the United States and
        managed by the Bureau of Reclamation.
            (2) Limitations.--The allocation under paragraph (1) shall be
        subject to--
                (A) Appendix 7 to the Compact, entitled ``Flathead Basin
            Tribal Depletions Study'', prepared by the Bureau of
            Reclamation, and dated September 2012; and
                (B) Appendix 8 to the Compact, entitled ``Hungry Horse
            Reservoir, Montana: Biological Impact Evaluation and
            Operational Constraints for a proposed 90,000-acre-foot
            withdrawal'', prepared by the State, as revised on September
            14, 2011.
        (b) Treatment.--
            (1) In general.--The allocation under subsection (a) shall be
        considered to be part of the Tribal Water Right.
            (2) Administration.--The Tribes shall administer the water
        allocated under subsection (a) in accordance with, and subject to
        the limitations of, the Compact and this Act.
        (c) Allocation Agreement.--
            (1) In general.--As a condition of receiving the allocation
        under subsection (a), the Tribes shall enter into an agreement with
        the Secretary to establish the terms and conditions of the
        allocation, in accordance with the Compact and this Act.
            (2) Inclusions.--The agreement under paragraph (1) shall
        include provisions establishing that--
                (A) the agreement shall be without a limit as to a term;
                (B) the Tribes, and not the United States, shall be
            entitled to all consideration due to the Tribes under any
            lease, contract, or agreement entered into by the Tribes
            pursuant to subsection (d);
                (C) the United States shall have no obligation to monitor,
            administer, or account for--
                    (i) any funds received by the Tribes as consideration
                under any lease, contract, or agreement entered into by the
                Tribes pursuant to subsection (d); or
                    (ii) the expenditure of those funds;
                (D) if the capacity or function of any facility of Hungry
            Horse Reservoir or Hungry Horse Dam is significantly reduced,
            or is anticipated to be significantly reduced, for an extended
            period of time, the Tribes shall have the same storage rights
            as other storage contractors with respect to the allocation
            under subsection (a);
                (E) the costs associated with the construction and
            operation of the storage facilities at Hungry Horse Reservoir
            and Hungry Horse Dam allocable to the Tribes shall be
            nonreimbursable;
                (F) no water service capital charge shall be due or payable
            for the agreement or any water allocated under subsection (a),
            regardless of whether that water is delivered for use by the
            Tribes or under a lease, contract, or by an agreement entered
            into by the Tribes pursuant to subsection (d);
                (G) the Tribes shall not be required to make payments to
            the United States for the agreement or any water allocated
            under subsection (a), except for each acre-foot of stored water
            leased or transferred for industrial purposes;
                (H) for each acre-foot of stored water leased by the Tribes
            for industrial purposes--
                    (i) the Tribes shall pay annually to the United States
                an amount sufficient to cover the proportionate share of
                the annual operation, maintenance, and replacement costs
                for the Hungry Horse Project allocable to that quantity of
                water; and
                    (ii) the annual payments of the Tribes shall be
                reviewed and adjusted, as appropriate, to reflect the
                actual operation, maintenance, and replacement costs for
                the Hungry Horse Project; and
                (I) the costs described in subparagraphs (G) and (H) shall
            not apply to any lease or transfer for industrial purposes to--
                    (i) any entity of the Tribes; or
                    (ii) any entity wholly owned by the Tribes.
        (d) Agreements by Tribes.--The Tribes may use, lease, contract,
    exchange, or enter into other agreements for use of the water allocated
    under subsection (a) if--
            (1) the water that is the subject of the agreement is used
        within the Flathead Basin or the Clark Fork Basin within the State;
        and
            (2) the agreement does not permanently alienate any portion of
        water allocated under subsection (a).
        (e) Mitigation Water.--Notwithstanding section 5(e)(2), the Tribes
    shall make available for lease not more than 11,000 acre-feet per year
    of the water allocated under subsection (a), in accordance with the
    Compact.
        (f) No Carryover Storage.--The allocation under subsection (a)
    shall not be increased by any year-to-year carryover storage.
        (g) Development and Delivery Costs.--The United States shall not be
    required to pay the cost of developing or delivering any water
    allocated under subsection (a).
        (h) New Uses.--Except as provided in article III.C.1.c of the
    Compact, the Tribes shall not develop any new use for the allocation
    under subsection (a) until the date on which the agreement entered into
    under subsection (c) takes effect.
        (i) Effective Date.--The allocation under subsection (a) takes
    effect on the enforceability date.
    SEC. 7. IRRIGATION PROJECT-RELATED COMPACT IMPLEMENTATION.
        (a) Purposes.--The purposes of this section are--
            (1) to implement key provisions of the Compact regarding the
        Tribal Water Right by authorizing and carrying out the activities
        described in subsection (b) relative to components of the Flathead
        Indian irrigation project, in order--
                (A) to conserve water resources, enhance fish and wildlife
            habitat, especially habitat of threatened and endangered
            species, and improve the movement of fish through and around
            Flathead Indian irrigation project facilities;
                (B) to ensure that the necessary water supplies are
            provided to protect Instream Flow, Existing Uses, and Historic
            Farm Deliveries;
                (C) to provide for the safe and efficient storage,
            delivery, and routing of water; and
                (D) to dedicate the water thereby saved through
            modernization and rehabilitation activities to the water rights
            of the Tribes for Instream Flow and Minimum Reservoir Pool
            Elevations;
            (2) to require that, in carrying out the activities under
        subsection (b), the Secretary and the Tribes--
                (A) are guided by existing studies commissioned by the
            Secretary and the Tribes that identify current facility
            conditions and describe future modernization recommendations;
                (B) recognize the need to maintain flexibility and modify
            the guidance provided by the studies described in subparagraph
            (A), as appropriate and consistent with the processes
            established and entities designated in the Compact; and
                (C) carry out all such activities that can be accomplished
            in a cost-effective manner and that are consistent with the
            Compact; and
            (3) to ensure the prudent and knowledgeable conservation,
        management, and protection of the water resources of the
        Reservation through the activities described in subsection (b),
        which will ensure the protection of the Reservation as the
        permanent homeland of the Tribes in accordance with the treaty
        between the United States and the Tribes concluded at Hell Gate on
        July 16, 1855 (12 Stat. 975).
        (b) Activities.--Subject to the availability of appropriations, the
    Secretary, or on the request of the Tribes, the Tribes on behalf of the
    Secretary under title IV of the Indian Self-Determination and Education
    Assistance Act (25 U.S.C. 5361 et seq.), shall in accordance with
    subsection (c) carry out the following activities relating to the
    Flathead Indian irrigation project:
            (1) Rehabilitation and modernization.--
                (A) Rehabilitation and modernization of structures, canals,
            and pumping facilities, including dam safety improvements,
            irrigation facility upgrades that improve water management and
            operational control at irrigation diversion works, and
            irrigation facility upgrades to reduce losses in conveyance of
            water from irrigation sources of supply to irrigation points of
            use, in accordance with the Compact.
                (B) Planning, design, and construction of additional
            pumping facilities.
                (C) Operational improvements to infrastructure within the
            distribution network of the Flathead Indian irrigation project.
                (D) Reconstruction, replacement, and automation at
            irrigation diversion works.
                (E) Lining of open canals, and placement of open canals in
            pipe.
                (F) Fencing and physical project access enhancements.
            (2) Mitigation, reclamation, and restoration.--
                (A) Mitigation, reclamation, and restoration of streams,
            wetlands, banks, slopes, and wasteways within, appurtenant to,
            or affected by the Flathead Indian irrigation project.
                (B) The installation of screens, barriers, passages, or
            ladders to prevent fish entrainment in irrigation ditches and
            canals within, or appurtenant to, the Flathead Indian
            irrigation project.
            (3) Acquisition of interests.--Acquisition of easements or
        other interests in real property necessary to carry out any
        activity under this section.
        (c) Environmental Compliance.--
            (1) In general.--Prior to the commencement of any activity
        under subsection (b), the Secretary, or the Tribes if the Tribes
        elect to perform the activities on behalf of the Secretary under
        title IV of the Indian Self-Determination and Education Assistance
        Act (25 U.S.C. 5361 et seq.), shall perform appropriate
        environmental, cultural, and historical compliance activities
        relating to the activity, including to ensure compliance with--
                (A) the National Environmental Policy Act of 1969 (42
            U.S.C. 4321 et seq.); and
                (B) division A of subtitle III of title 54, United States
            Code (formerly known as the ``National Historic Preservation
            Act'' (16 U.S.C. 470 et seq.)).
            (2) Costs.--All costs associated with the performance of
        compliance activities under paragraph (1) shall be paid with funds
        deposited in the Trust Fund, on the condition that any costs
        associated with the performance of Federal approval or other review
        of such compliance work or costs associated with inherently Federal
        functions shall remain the responsibility of the Secretary.
        (d) Funding.--
            (1) Indian self-determination and education assistance act
        compacting.--
                (A) Funding authority and agreements.--Notwithstanding any
            other provision of law, if the Tribes elect to perform all
            activities described in subsection (b) on behalf of the
            Secretary, the Secretary shall enter into a self-governance
            agreement with the Tribes under title IV of the Indian Self-
            Determination and Education Assistance Act (25 U.S.C. 5361 et
            seq.) covering all such activities.
                (B) Funding agreements.--The Secretary shall use funds only
            from the Salish and Kootenai Compact Account established under
            section 8(b)(1) for any funding agreement, including any
            related contract support costs, under which the Tribes carry
            out activities described in subsection (b).
                (C) Timing for election.--Not later than 120 days after the
            date on which funds are first appropriated for deposit in the
            Trust Fund, or not later than such alternative later date as is
            agreed to by the Tribes and the Secretary, the Tribes may elect
            to perform all activities described in subsection (b) on behalf
            of the Secretary.
                (D) Applicability of isdeaa.--Any funds transferred for use
            in a funding agreement under this paragraph shall be subject
            to--
                    (i) title IV of the Indian Self-Determination and
                Education Assistance Act (25 U.S.C. 5361 et seq.); and
                    (ii) the self-governance agreement and funding
                agreement entered into between the Tribes and the
                Secretary.
                (E) Relation to compact.--The Tribes and the Federal
            Government--
                    (i) shall carry out the activities described in
                subsection (b) in a manner that is consistent with, and
                fulfills, the respective obligations of the Tribes and the
                Federal Government under the Compact; and
                    (ii) may not carry out any action pursuant to the
                Indian Self-Determination and Education Assistance Act (25
                U.S.C. 5301 et seq.) that is inconsistent with the rights
                and responsibilities under the Compact.
                (F) Applicability of certain isdeaa provisions.--For
            purposes of this Act--
                    (i) the ``annual trust evaluation'' required under
                section 403(d) of the Indian Self-Determination and
                Education Assistance Act (25 U.S.C. 5363(d)) shall monitor
                the performance, and progress toward completion, of
                activities under subsection (b) that the Tribes are
                carrying out;
                    (ii) the activities described in subsection (b) shall
                be considered to be ``construction programs or projects''
                under section 403(e) of the Indian Self-Determination and
                Education Assistance Act (25 U.S.C. 5363(e)); and
                    (iii) reporting requirements regarding planning,
                design, and the use and expenditure of funds shall be
                negotiated and included within a funding agreement.
            (2) Secretarial performance of activities.--If the Tribes do
        not elect to carry out the activities described in subsection (b)
        by the deadline established under paragraph (1)(C), the Secretary
        shall carry out the activities using amounts made available under
        section 8(c)(3).
            (3) Nonreimbursability of costs.--All costs incurred in
        carrying out this section shall be nonreimbursable.
            (4) Administration.--
                (A) In general.--Subject to subparagraph (B), the Secretary
            and the Tribes shall negotiate the cost of any oversight
            activity carried out by the Secretary under any agreement
            entered into under paragraph (1)(A).
                (B) Requirement.--All costs associated with an oversight
            activity--
                    (i) shall be paid with funds deposited in the Salish
                and Kootenai Compact Account established under section
                8(b)(1); and
                    (ii) notwithstanding subsection (c), may include costs
                associated with review or approval of environmental
                compliance work and related Federal functions.
                (C) Limitation on cost.--The total cost described in
            subparagraph (A) shall not exceed 3 percent of the total
            project costs for each project.
        (e) Treatment.--Any activities carried out pursuant to subsection
    (b) that result in improvements, additions, or modifications to the
    Flathead Indian irrigation project, including the acquisition of any
    real property interest, shall--
            (1) become a part of the Flathead Indian irrigation project;
        and
            (2) be recorded in the inventory of the Secretary relating to
        the Flathead Indian irrigation project.
        (f) Easements and Rights-of-way.--
            (1) Tribal easements and rights-of-way.--
                (A) In general.--On request of the Secretary, the Tribes
            shall grant, at no cost to the United States, such easements
            and rights-of-way over Tribal land as are necessary for
            construction relating to an activity under this section.
                (B) Jurisdiction.--An easement or right-of-way granted by
            the Tribes pursuant to subparagraph (A) shall not affect in any
            respect the civil or criminal jurisdiction of the Tribes over
            the easement or right-of-way.
            (2) Landowner easements and rights-of-way.--In partial
        consideration for the construction activities associated with the
        rehabilitation and modernization of the Flathead Indian irrigation
        project authorized by this section, and as a condition of receiving
        service from the Flathead Indian irrigation project, a willing
        landowner shall confirm or grant, at no cost to the United States
        or the Tribes, such easements and rights-of-way over the land of
        the landowner as may be necessary for--
                (A) an activity authorized by this section; or
                (B) access to and operation and maintenance of--
                    (i) the Flathead Indian irrigation project; or
                    (ii) the Mission Valley Power Project.
            (3) Condemnation not authorized.--Nothing in this section
        authorizes the Secretary to condemn interests in land for the
        Flathead Indian irrigation project.
        (g) Land Acquired by United States or Tribes.--Any land acquired
    within the boundaries of the Reservation by the United States on behalf
    of the Tribes, or by the Tribes on behalf of the Tribes and conveyed to
    the United States, in connection with the purposes of this section
    shall be held in trust by the United States for the benefit of the
    Tribes.
        (h) Effect.--Nothing in this section--
            (1) alters any applicable law under which the Bureau of Indian
        Affairs collects assessments or carries out the operation and
        maintenance of the Flathead Indian irrigation project; or
            (2) impacts the availability of amounts under section 9.
        (i) Water Source for Flathead Indian Irrigation Project.--
            (1) In general.--The water source for the Flathead Indian
        irrigation project--
                (A) shall be determined in accordance with article II(32)
            of the Compact; and
                (B) shall consist of--
                    (i) the water right set forth in article III.C.1.a of
                the Compact; and
                    (ii) any use of water for irrigation and incidental
                purposes pursuant to an applicable water service contract.
            (2) Entitlement to delivery of water.--Entitlement to delivery
        of available irrigation water for assessed parcels shall be
        determined in accordance with article IV.D.2 of the Compact.
    SEC. 8. SELIS-QLISPE KSANKA SETTLEMENT TRUST FUND.
        (a) Establishment.--The Secretary shall establish in the Treasury
    of the United States a trust fund, to be known as the ``Selis-Qlispe
    Ksanka Settlement Trust Fund'', to be allocated, maintained, managed,
    invested, and distributed by the Secretary, and to remain available
    until expended, consisting of the amounts deposited in the Trust Fund
    under section 9(a), together with any interest earned on those amounts,
    for the purpose of carrying out this Act.
        (b) Accounts.--The Secretary shall establish in the Trust Fund the
    following accounts:
            (1) The Salish and Kootenai Compact Account, for the uses
        described in paragraphs (1) and (2) of subsection (h).
            (2) The Salish and Kootenai Settlement Implementation Account,
        for any use described in subsection (h).
        (c) Deposits.--
            (1) In general.--The Secretary shall deposit in the Trust Fund
        the amounts made available pursuant to section 9(a)(1).
            (2) Allocation into accounts.--
                (A) In general.--Subject to subparagraph (B), each year,
            the Secretary shall allocate from the Trust Fund amounts into
            each of the accounts described in paragraphs (1) and (2) of
            subsection (b) in such proportions as the Secretary and the
            Tribes may agree.
                (B) Requirement.--In any year, if the Tribes and the
            Secretary are unable to agree on the amounts to be allocated
            under subparagraph (A) for that year, the Secretary shall
            deposit equal sums in each account.
            (3) Transfer.--If the Tribes do not elect to carry out the
        activities described in subsection (b) of section 7 by the deadline
        described in subsection (d)(1)(C) of that section, the Secretary,
        on an annual basis, shall transfer funds from the account
        established under subsection (b)(1) to an appropriate programmatic
        account solely for the purpose of carrying out those activities and
        the activities described in section 7(c).
        (d) Management and Interest.--
            (1) Management.--On receipt and deposit of the funds into the
        Trust Fund, the Secretary shall manage, invest, and distribute the
        amounts in accordance with the investment authority of the
        Secretary under--
                (A) the first section of the Act of June 24, 1938 (25
            U.S.C. 162a);
                (B) the American Indian Trust Fund Management Reform Act of
            1994 (25 U.S.C. 4001 et seq.); and
                (C) this section.
            (2) Investment earnings.--In addition to the deposits under
        section 9(a), any investment earnings, including interest, credited
        to the amounts in the Trust Fund shall be available for use in
        accordance with subsection (h).
        (e) Availability of Amounts.--
            (1) In general.--Amounts deposited in the Trust Fund (including
        any investment earnings) shall be made available to the Tribes by
        the Secretary beginning on the enforceability date, subject to the
        requirements of this Act.
            (2) Use.--Notwithstanding paragraph (1), any amounts--
                (A) deposited in the account described in subsection (b)(1)
            or transferred to another account under subsection (c)(3),
            shall be available to the Tribes or the Secretary, as
            applicable, on the date on which the amounts are deposited or
            transferred, for the uses described in subsection (h)(1), in
            accordance with Appendix 3.6 to the Compact; and
                (B) deposited in the account described in subsection (b)(1)
            shall be available to the Tribes on the date on which the
            amounts are deposited for the uses described in subsection
            (h)(2).
        (f) Withdrawals Under AITFMRA.--
            (1) In general.--The Tribes may withdraw any portion of the
        amounts in the account described in subsection (b)(2) on approval
        by the Secretary of a Tribal management plan submitted by the
        Tribes in accordance with the American Indian Trust Fund Management
        Reform Act of 1994 (25 U.S.C. 4001 et seq.).
            (2) Inapplicability of aitfmra.--A withdrawal from the account
        described in subsection (b)(1)--
                (A) shall be made only in accordance with subsection (e)
            and section 7; and
                (B) notwithstanding any other provision of law, shall not
            be subject to the American Indian Trust Fund Management Reform
            Act of 1994 (25 U.S.C. 4001 et seq.).
            (3) Requirements.--
                (A) In general.--In addition to the requirements under the
            American Indian Trust Fund Management Reform Act of 1994 (25
            U.S.C. 4001 et seq.), the Tribal management plan under
            paragraph (1) shall require that the Tribes shall spend all
            amounts withdrawn from the Trust Fund and any investment
            earnings accrued through the investments under the Tribal
            management plan in accordance with this Act.
                (B) Enforcement.--The Secretary may carry out such judicial
            and administrative actions as the Secretary determines to be
            necessary to enforce the Tribal management plan to ensure that
            amounts withdrawn by the Tribes from the Trust Fund pursuant to
            this subsection are used in accordance with this Act.
        (g) Effect.--Nothing in this Act provides to the Tribes the right
    to judicial review of a determination by the Secretary regarding
    whether to approve a Tribal management plan, except under subchapter II
    of chapter 5, and chapter 7 of title 5, United States Code (commonly
    known as the ``Administrative Procedure Act'').
        (h) Uses.--The Tribes may use amounts in the Trust Fund to
    implement the Compact, the Law of Administration, and this Act for the
    following purposes:
            (1) To carry out activities described in subsections (b) and
        (c) of section 7.
            (2) The administration, implementation, and management of the
        Tribal Water Right and the regulation and administration of water
        rights within the Reservation under this Act, the Compact, and the
        Law of Administration, and such infrastructure as is necessary to
        meet related programmatic needs.
            (3) To implement the Tribal Water Right through rehabilitation
        and improvement of agricultural Indian land within the Reservation.
            (4) To construct and rehabilitate livestock fencing on Indian
        land within the Reservation.
            (5) To mitigate and control noxious weeds on land within the
        Reservation.
            (6) To plan, design, and construct improvements to irrigation
        systems on land served by the Flathead Indian irrigation project.
            (7) To install screens, barriers, passages, or ladders to
        prevent fish entrainment in irrigation ditches and canals within
        the Reservation.
            (8) To plan, design, and construct irrigation facilities on
        Indian land within the Reservation that is not served by the
        Flathead Indian irrigation project.
            (9) To plan, design, construct, operate, maintain, and replace
        community water distribution and wastewater treatment facilities on
        the Reservation.
            (10) To develop geothermal water resources on Indian land
        within the Reservation.
            (11) To develop a cultural resources program relating to
        permitting necessary to conduct the activities authorized under
        this subsection (including cultural, historical, and archeological
        reviews, including training and certifications) and related
        infrastructure necessary to meet programmatic needs.
            (12) To comply with Federal environmental laws for any use
        authorized by this subsection.
            (13) To repair, rehabilitate, or replace culverts, bridges, and
        roads of the Flathead Indian irrigation project and any public or
        Tribal culverts, bridges, and roads that intersect with, or are
        otherwise located within, the supply and distribution network of
        the Flathead Indian irrigation project.
        (i) Liability.--Except with respect to amounts transferred in
    accordance with section 7(d), the Secretary shall not be liable for the
    expenditure or investment of any amounts withdrawn from the Trust Fund
    by the Tribes under this section.
        (j) Expenditure Reports.--
            (1) In general.--Not less frequently than annually, the Tribes
        shall submit to the Secretary an expenditure report describing--
                (A) the amount withdrawn from the Trust Fund under this
            section; and
                (B) any authorized activities resulting from the use of a
            withdrawal under a Tribal management plan, in accordance with
            this Act.
            (2) Application.--Any amounts transferred to the Tribes
        pursuant to a self-governance agreement and funding agreement
        entered into between the Tribes and the Secretary under title IV of
        the Indian Self-Determination and Education Assistance Act (25
        U.S.C. 5361 et seq.) shall not be subject to paragraph (1).
        (k) OM&R Costs.--Except as otherwise provided in this Act, nothing
    in this Act affects any obligation of the United States with respect to
    the operation, maintenance, and repair of the Flathead Indian
    irrigation project.
    SEC. 9. FUNDING.
        (a) Funding.--
            (1) Authorization of appropriations.--There is authorized to be
        appropriated to the Secretary for deposit in the Trust Fund
        $1,000,000,000, to remain available until expended, withdrawn, or
        reverted to the general fund of the Treasury.
            (2) Mandatory funding.--
                (A) In general.--On October 1, 2020, and on each October 1
            thereafter through October 1, 2029, out of any funds in the
            Treasury not otherwise appropriated, the Secretary of the
            Treasury shall deposit in the Trust Fund $90,000,000, to remain
            available until expended, withdrawn, or reverted to the general
            fund of the Treasury.
                (B) Availability.--Amounts deposited in the Trust Fund
            under subparagraph (A) shall be available without further
            appropriation.
        (b) Fluctuation in Costs.--
            (1) In general.--Of the amounts authorized to be appropriated
        and appropriated to the Trust Fund under paragraphs (1) and (2),
        respectively, of subsection (a)--
                (A) $347,200,000 shall be increased or decreased, as
            appropriate, by such amounts as may be justified by reason of
            ordinary fluctuations in costs occurring after the date of
            enactment of this Act, as indicated by the Consumer Price Index
            for All Urban Consumers West Urban 50,000 to 1,500,000 index;
                (B) $111,400,000 shall be increased or decreased, as
            appropriate, by such amounts as may be justified by reasons of
            ordinary fluctuations in costs occurring after the date of
            enactment of this Act, as indicated by the Producer Price Index
            for the Bureau of Labor Statistics; and
                (C) $1,441,400,000 shall be increased or decreased, as
            appropriate, by such amounts as may be justified by reason of
            ordinary fluctuations in costs occurring after the date of
            enactment of this Act, as indicated by the Bureau of
            Reclamation Construction Costs Index-Composite Trend.
            (2) Requirements for adjustment process.--The adjustment
        process under this subsection shall--
                (A) take into account any agreement reached by the
            Secretary and the Tribes under paragraph (4); and
                (B) be repeated for each subsequent amount appropriated for
            deposit in the Trust Fund until the amount authorized to be
            appropriated, as so adjusted, has been appropriated.
            (3) Period of indexing.--The period of indexing adjustment
        under this subsection for any increment of funding shall end on the
        date on which funds are deposited in the Trust Fund.
            (4) Agreement.--Based on the activities likely to be conducted
        using amounts deposited in the Trust Fund, the Secretary and the
        Tribes may agree on which provisions of paragraph (1) shall govern
        the fluctuation in costs to be used in calculating the amount
        authorized to be appropriated under subsection (a)(1).
        (c) Limitation on Use of Reclamation Water Settlements Fund.--
    Notwithstanding any other provision of law--
            (1) no amounts in the Reclamation Water Settlements Fund
        established by section 10501(a) of the Omnibus Public Land
        Management Act of 2009 (43 U.S.C. 407(a)) may be used by the Tribes
        or the Secretary to carry out any provision of this Act until the
        date that is 10 years after the date of enactment of this Act; and
            (2) effective beginning on the date that is 10 years after that
        date of enactment, the total amount used by the Tribes and the
        Secretary to carry out this Act from the Reclamation Water
        Settlements Fund shall not exceed an amount equal to 50 percent of
        the total amount in the Fund on that date.
      SEC. 10. WAIVERS AND RELEASES OF CLAIMS.
        (a) Waivers and Releases.--
            (1) Claims by tribes and united states as trustee for tribes.--
        Subject to the reservation of rights and retention of claims under
        subsection (c), as consideration for recognition of the Tribal
        Water Right and other benefits described in the Compact and this
        Act, the Tribes, acting on behalf of the Tribes and members of the
        Tribes (but not any member of the Tribes as an allottee), and the
        United States, acting as trustee for the Tribes and the members of
        the Tribes (but not any member of the Tribes as an allottee), shall
        execute a waiver and release with prejudice of all claims for water
        rights within the State that the Tribes, or the United States
        acting as trustee for the Tribes, asserted or could have asserted
        in any proceeding, including a State stream adjudication, on or
        before the enforceability date, except to the extent that such a
        right is recognized in the Compact and this Act.
            (2) Claims by united states as trustee for allottees.--Subject
        to the reservation of rights and the retention of claims under
        subsection (c), as consideration for recognition of the Tribal
        Water Right and other benefits described in the Compact and this
        Act, the United States, acting as trustee for allottees, shall
        execute a waiver and release with prejudice of all claims for water
        rights within the Reservation that the United States, acting as
        trustee for allottees, asserted or could have asserted in any
        proceeding, including a State stream adjudication, on or before the
        enforceability date, except to the extent that such a right is
        recognized in the Compact and this Act.
            (3) Claims by tribes against united states.--Subject to the
        reservation of rights and retention of claims under subsection (c),
        the Tribes, acting on behalf of the Tribes and members of the
        Tribes (but not any member of the Tribes as an allottee), shall
        execute a waiver and release with prejudice of all claims against
        the United States (including any agency or employee of the United
        States) first arising before the enforceability date--
                (A) relating to--
                    (i) water rights within the State that the United
                States, acting as trustee for the Tribes, asserted or could
                have asserted in any proceeding, including the general
                stream adjudication in the State, except to the extent that
                such rights are recognized as part of the Tribal Water
                Right under this Act;
                    (ii) foregone benefits from nontribal use of water, on
                and off the Reservation (including water from all sources
                and for all uses);
                    (iii) damage, loss, or injury to water, water rights,
                land, or natural resources due to loss of water or water
                rights (including damages, losses, or injuries to hunting,
                fishing, gathering, or cultural rights due to loss of water
                or water rights, claims relating to interference with,
                diversion, or taking of water, or claims relating to a
                failure to protect, acquire, replace, or develop water,
                water rights, or water infrastructure) within the State;
                    (iv) a failure to establish or provide a municipal,
                rural, or industrial water delivery system on the
                Reservation;
                    (v) damage, loss, or injury to water, water rights,
                land, or natural resources due to construction, operation,
                and management of the Flathead Indian irrigation project
                and other Federal land and facilities (including damages,
                losses, or injuries to Tribal fisheries, fish habitat,
                wildlife, and wildlife habitat);
                    (vi) damage, loss, or injury from failure to protect
                natural resources and land against noxious weeds impacts;
                    (vii) inadequate compensation for minerals extracted;
                    (viii) inadequate compensation for land and interests
                in land used for Bureau of Indian Affairs roads and
                wildlife refuges;
                    (ix) a failure to provide--

                        (I) for operation, maintenance, or deferred
                    maintenance for the Flathead Indian irrigation project
                    or any other irrigation system or irrigation project;
                    or
                        (II) a dam safety improvement to a dam within the
                    Reservation;

                    (x) the litigation of claims relating to any water
                right of the Tribes in the State; and
                    (xi) the negotiation, execution, or adoption of the
                Compact or this Act;
                (B) reserved under subsections (b) through (d) of section 6
            of the settlement agreement for the case entitled ``Nez Perce
            Tribe v. Salazar'', No. 06cv2239TFH (D.D.C. 2012); and
                (C) arising from the taking or acquisition of land or
            resources of the Tribes for the construction or operation of
            the Flathead Indian irrigation project.
            (4) Certain off-reservation water rights.--
                (A) In general.--Notwithstanding the confirmation of the
            water rights of the Tribes described in Appendices 28 and 29 to
            the Compact, as consideration for recognition of the Tribal
            Water Right and other benefits described in the Compact and
            this Act, the Tribes shall relinquish any right, title, or
            claim to the water rights located within the Flathead basin and
            described in those appendices.
                (B) Requirement.--The water rights described in
            subparagraph (A) shall be held solely by the State.
        (b) Enforceability Date.--The waivers and releases of claims under
    subsection (a) shall take effect on the date on which the Secretary
    publishes in the Federal Register a statement of findings that--
            (1)(A) the Montana Water Court has approved the Compact in a
        manner from which no further appeal may be taken; or
            (B) if the Montana Water Court is found to lack jurisdiction,
        the applicable United States district court has approved the
        Compact as a consent decree from which no further appeal may be
        taken;
            (2) all amounts authorized to be appropriated under section 9
        have been appropriated;
            (3) the State has appropriated and paid into an interest-
        bearing escrow account any payments due to the Tribes as of the
        date of enactment of this Act under the Compact and this Act;
            (4) the Tribes have ratified the Compact;
            (5) the Secretary has fulfilled the requirements of section 6;
        and
            (6) the waivers and releases described in subsection (a) have
        been executed by the Tribes and the Secretary.
        (c) Reservation of Rights and Retention of Claims.--Notwithstanding
    the waivers and releases under subsection (a), the Tribes, acting on
    behalf of the Tribes and members of the Tribes, and the United States,
    acting as trustee for the Tribes and allottees, shall retain--
            (1) all claims relating to--
                (A) the enforcement of, or claims accruing after the
            enforceability date relating to water rights recognized under--
                    (i) the Compact;
                    (ii) any final decree; or
                    (iii) this Act; and
                (B) activities affecting the quality of water, including
            any claims under--
                    (i) the Comprehensive Environmental Response,
                Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et
                seq.), including damages to natural resources;
                    (ii) the Safe Drinking Water Act (42 U.S.C. 300f et
                seq.);
                    (iii) the Federal Water Pollution Control Act (33
                U.S.C. 1251 et seq.) (commonly referred to as the ``Clean
                Water Act''); and
                    (iv) any regulations implementing the Acts described in
                clauses (i) through (iii);
            (2) all rights to use and protect water rights acquired after
        the date of enactment of this Act;
            (3) all claims for damages, losses, or injuries to land or
        natural resources that are--
                (A) not due to loss of water or water rights (including
            hunting, fishing, gathering, or cultural rights); and
                (B) not covered by subsection (a)(3); and
            (4) all rights, remedies, privileges, immunities, and powers
        not specifically waived and released pursuant to this Act or the
        Compact.
        (d) Effect of Compact and Act.--Nothing in the Compact or this
    Act--
            (1) except as otherwise expressly provided in the Compact or
        this Act, reduces or extends the sovereignty (including civil and
        criminal jurisdiction) of any government entity;
            (2) affects the ability of the United States acting as
        sovereign to carry out any activity authorized by applicable law,
        including--
                (A) the Comprehensive Environmental Response, Compensation,
            and Liability Act of 1980 (42 U.S.C. 9601 et seq.);
                (B) the Safe Drinking Water Act (42 U.S.C. 300f et seq.);
                (C) the Federal Water Pollution Control Act (33 U.S.C. 1251
            et seq.) (commonly referred to as the ``Clean Water Act''); and
                (D) any regulations implementing the Acts described in
            subparagraphs (A) through (C);
            (3) affects the ability of the United States to act as trustee
        for any other Indian tribe or allottee of any other Indian tribe;
            (4) confers jurisdiction on any State court--
                (A) to interpret Federal law regarding health, safety, or
            the environment;
                (B) to determine the duties of the United States or any
            other party under Federal law regarding health, safety, or the
            environment; or
                (C) to conduct judicial review of any Federal agency
            action;
            (5) waives any claim of a member of the Tribes in an individual
        capacity that does not derive from a right of the Tribes;
            (6) revives any claim waived by the Tribes in the case entitled
        ``Nez Perce Tribe v. Salazar'', No. 06cv2239TFH (D.D.C. 2012); or
            (7) revives any claim released by an allottee or member of the
        Tribes in the settlement for the case entitled ``Cobell v.
        Salazar'', No. 1:96CV01285-JR (D.D.C. 2012).
        (e) Tolling of Claims.--
            (1) In general.--Each applicable period of limitation and time-
        based equitable defense relating to a claim described in this
        section shall be tolled during the period beginning on the date of
        enactment of this Act and ending on the date on which the amounts
        made available to carry out this Act are transferred to the
        Secretary.
            (2) Effect of subsection.--Nothing in this subsection revives
        any claim or tolls any period of limitation or time-based equitable
        defense that expired before the date of enactment of this Act.
        (f) Expiration.--
            (1) In general.--This Act shall expire in any case in which--
                (A) the amounts authorized to be appropriated by this Act
            have not been made available to the Secretary by not later
            than--
                    (i) January 21, 2031; or
                    (ii) such alternative later date as is agreed to by the
                Tribes and the Secretary; or
                (B) the Secretary fails to publish a statement of findings
            under subsection (b) by not later than--
                    (i) January 21, 2032; or
                    (ii) such alternative later date as is agreed to by the
                Tribes and the Secretary, after providing reasonable notice
                to the State.
            (2) Consequences.--If this Act expires under paragraph (1)--
                (A) the waivers and releases under subsection (a) shall--
                    (i) expire; and
                    (ii) have no further force or effect;
                (B) the authorization, ratification, confirmation, and
            execution of the Compact under section 4 shall no longer be
            effective;
                (C) any action carried out by the Secretary, and any
            contract or agreement entered into, pursuant to this Act shall
            be void;
                (D) any unexpended Federal funds appropriated or made
            available to carry out the activities authorized by this Act,
            together with any interest earned on those funds, and any water
            rights or contracts to use water and title to other property
            acquired or constructed with Federal funds appropriated or made
            available to carry out the activities authorized by this Act
            shall be returned to the Federal Government, unless otherwise
            agreed to by the Tribes and the United States and approved by
            Congress; and
                (E) except for Federal funds used to acquire or construct
            property that is returned to the Federal Government under
            subparagraph (D), the United States shall be entitled to offset
            any Federal funds made available to carry out this Act that
            were expended or withdrawn, or any funds made available to
            carry out this Act from other Federal authorized sources,
            together with any interest accrued on those funds, against any
            claims against the United States--
                    (i) relating to--

                        (I) water rights in the State asserted by--

                            (aa) the Tribes; or
                            (bb) any user of the Tribal Water Right; or

                        (II) any other matter covered by subsection (a)(3);
                    or

                    (ii) in any future settlement of water rights of the
                Tribes or an allottee.
      SEC. 11. SATISFACTION OF CLAIMS.
        (a) Tribal Claims.--The benefits realized by the Tribes under this
    Act shall be in complete replacement of, complete substitution for, and
    full satisfaction of all claims of the Tribes against the United States
    waived and released pursuant to paragraphs (1) and (3) of section
    10(a).
        (b) Allottee Claims.--The benefits realized by allottees under this
    Act shall be in complete replacement of, complete substitution for, and
    full satisfaction of--
            (1) all claims waived and released pursuant to section
        10(a)(2); and
            (2) any claims of an allottee against the United States that an
        allottee asserted or could have asserted that are similar in nature
        to a claim described in section 10(a)(2).
      SEC. 12. NATIONAL BISON RANGE RESTORATION.
        (a) Findings; Purposes.--
            (1) Findings.--Congress finds that--
                (A) the Reservation was set aside for the Tribes in 1855
            under the treaty between the United States and the Tribes
            concluded at Hell Gate on July 16, 1855 (12 Stat. 975);
                (B) the National Bison Range was established as a
            conservation measure in 1908, a time when the bison were at
            grave risk of extinction;
                (C) the National Bison Range is located in the middle of
            the Reservation on land that was acquired by the United States
            in what was later held, in the civil action entitled
            ``Confederated Salish and Kootenai Tribes of the Flathead
            Indian Reservation, Montana v. United States'' (437 F.2d 458
            (Ct.Cl. 1971)), to be a taking under the Fifth Amendment to the
            Constitution of the United States;
                (D) the Tribes never consented to the removal of the land
            described in subparagraph (C) from Tribal ownership;
                (E) since time immemorial until the establishment of the
            National Bison Range, the Tribes had used the land described in
            subparagraph (C) for--
                    (i) hunting, fishing, and gathering; and
                    (ii) cultural and many other purposes;
                (F)(i) in the 1870s, when slaughter resulted in the risk of
            bison extinction, a Pend d'Oreille man named Little Falcon Robe
            received approval from leaders of the Tribes to bring orphaned
            bison calves across the Continental Divide to the Reservation
            for purposes of starting a herd for subsistence and
            conservation purposes;
                (ii) starting with just a few bison calves, the animals
            grew into a large herd under the stewardship of members of the
            Tribes, who later included Michel Pablo and Charles Allard; and
                (iii) the Reservation was the home of that free-ranging
            herd of bison for decades before the establishment of the
            National Bison Range;
                (G) when the Reservation was opened for homesteading, a
            free-ranging bison herd was no longer feasible, resulting in
            Michel Pablo selling the herd to off-Reservation interests;
                (H) many of the bison, or their descendants, from the
            Tribal member-managed herd were repurchased and brought back to
            the Reservation to form the original herd for the National
            Bison Range;
                (I) the bison herd at the National Bison Range descends
            largely from a herd started and managed as described in
            subparagraph (F);
                (J) the Tribes--
                    (i) have played a substantive role as conservation
                leaders, often in partnership with the National Bison
                Range;
                    (ii) have demonstrated a long-term commitment to
                responsible management of the land and resources
                surrounding the National Bison Range; and
                    (iii) desire to carry out the purposes for which the
                National Bison Range was established;
                (K) the Tribes have extensive experience in wildlife and
            natural resources management, including--
                    (i) the establishment and management of the 91,000-acre
                Mission Mountains Tribal Wilderness, the first tribally
                designated wilderness area in the United States;
                    (ii) special management districts for large animals,
                such as the Little Money Bighorn Sheep Management Area and
                the Ferry Basin Elk Management Area; and
                    (iii) the restoration and management of bighorn sheep
                populations, peregrine falcons, and trumpeter swans on the
                Reservation;
                (L) the Tribes have an extensive history of successful
            partnerships with Federal agencies with respect to issues such
            as--
                    (i) threatened and endangered species management;
                    (ii) migratory waterfowl management; and
                    (iii) wetland habitat management;
                (M)(i) the Tribes have entered into prior management-
            related agreements relating to the National Bison Range under
            title IV of the Indian Self-Determination and Education
            Assistance Act (25 U.S.C. 5361 et seq.); and
                (ii) the Tribes and the United States desire to build on
            past and current partnerships, as well as honor and advance the
            Federal and Tribal objectives of increasing Tribal autonomy and
            Tribal governmental capacity;
                (N) since the establishment of the National Bison Range,
            additional herds of bison have been established on other
            national wildlife refuges and national parks;
                (O) the facts and history regarding the Federal Government,
            the Tribes, the bison, and land on the Reservation acquired for
            the National Bison Range are exceptional circumstances that
            warrant action by Congress; and
                (P) the United States should hold title in and to the land
            comprising the National Bison Range, with beneficial title of
            the land being restored to the Tribes for--
                    (i) continued bison conservation;
                    (ii) other wildlife and natural resource management
                purposes; and
                    (iii) other nonconflicting purposes of the Tribes.
            (2) Purposes.--The purposes of this section are--
                (A) to acknowledge the history, culture, and ecological
            stewardship of the Tribes with respect to the land on the
            Reservation acquired for the National Bison Range, bison, and
            other natural resources;
                (B) to ensure that the land, bison, and other resources
            referred to in subparagraph (A) continue to be protected and
            enhanced;
                (C) to continue public access and educational
            opportunities; and
                (D) to ensure a smooth transition for land, bison, and
            other natural resources as the land is restored to Federal
            trust ownership for the benefit of the Tribes.
        (b) Definition of National Bison Range.--In this section, the term
    ``National Bison Range'' means all land within the Reservation that was
    reserved for the national bison range under the matter under the
    heading ``National bison range'' under the heading ``Miscellaneous''
    under the heading ``Department of Agriculture'' in the Act of May 23,
    1908 (16 U.S.C. 671) (as in effect on the day before the date of
    enactment of this Act).
        (c) Restoration of Land.--
            (1) In general.--Notwithstanding any other provision of law,
        for the purposes of conserving bison, wildlife, and natural
        resources, and of safeguarding the interests of the Tribes in those
        resources and the traditional, cultural, and other interests of the
        Tribes, all land comprising the National Bison Range (including all
        natural resources, interests, and appurtenances of that land) shall
        be held in trust by the United States for the benefit of the
        Tribes.
            (2) Administration.--The land restored by paragraph (1) shall
        be--
                (A) a part of the Reservation;
                (B) administered under the laws (including regulations)
            applicable to Indian trust land; and
                (C) managed by the Tribes, in accordance with paragraph
            (3), solely for the care and maintenance of bison, wildlife,
            and other natural resources, including designation or naming of
            the restored land.
            (3) Tribal management.--In managing the land restored by
        paragraph (1), the Tribes shall--
                (A) provide public access and educational opportunities;
            and
                (B) at all times, have a publicly available management plan
            for the land, bison, and natural resources, which shall include
            actions to address management and control of invasive weeds.
        (d) Conveyance of Buildings and Other Structures.--
            (1) In general.--The United States shall convey to the Tribes,
        to own in fee, all ownership interests of the United States in all
        buildings, structures, improvements, and appurtenances located on
        the land restored by subsection (c)(1).
            (2) Personal property.--The United States may convey to the
        Tribes any personal property owned by the United States and found
        on, or otherwise associated with, the land restored by subsection
        (c)(1).
        (e) Relinquishment of Rights to Bison.--The United States
    relinquishes to the Tribes all interests of United States in the bison
    on the land restored by subsection (c)(1).
        (f) Transition.--
            (1) In general.--Notwithstanding any other provision of law,
        during the 2-year period beginning on the date of enactment of this
        Act, the Secretary shall cooperate with the Tribes in transition
        activities regarding the management of land, bison, and other
        resources conveyed by this Act, including by providing to the
        Tribes, as determined to be appropriate by the Secretary, funds,
        personal property, equipment, or other resources for the
        performance of, or assistance with, the types of activities carried
        out by the Secretary at the National Bison Range as of the date of
        enactment of this Act.
            (2) Effect.--Consistent with subsections (c), (d), and (e),
        nothing in this section authorizes the Director of the United
        States Fish and Wildlife Service to retain ownership or control of
        any real or personal property conveyed by this section, except as
        the Tribes may agree to in writing.
        (g) Repeal.--The matter under the heading ``National bison range''
    under the heading ``Miscellaneous'' under the heading ``Department of
    Agriculture'' in the Act of May 23, 1908 (16 U.S.C. 671), is repealed.
        (h) Liability.--The Tribes shall not be liable for any land, soil,
    surface water, groundwater, or other contamination, injury, or damage
    resulting from the storage, disposal, release, or presence of any
    hazardous substance (as defined in section 101 of the Comprehensive
    Environmental Response, Compensation, and Liability Act of 1980 (42
    U.S.C. 9601)) on any portion of the land restored by this section on or
    before the date of the conveyance, unless the Tribes would otherwise
    have been responsible for the storage, disposal, release, or presence.
        (i) Claims Against United States.--No claim may be brought pursuant
    to chapter 7 of title 5, United States Code, or section 1491 or 1505 of
    title 28, United States Code, against the United States, or any agency,
    officer, or employee of the United States, concerning the preconveyance
    or postconveyance management of the land and other property conveyed by
    this section.
        (j) Effect.--Nothing in this section relieves the United States of
    any obligation under section 120(h)(3) of the Comprehensive
    Environmental Response, Compensation, and Liability Act of 1980 (42
    U.S.C. 9620(h)(3)).
        (k) No Precedent.--The provisions of this section--
            (1) are uniquely suited to address the distinct circumstances,
        facts, history, and relationships involved with the bison, land,
        and Tribes; and
            (2) are not intended, and shall not be interpreted, to
        establish a precedent for any other situation regarding Federal
        land, property, or facilities.
        (l) Indian Gaming Regulatory Act.--The land restored by this
    section shall not be eligible or used for any gaming activity carried
    out under the Indian Gaming Regulatory Act (25 U.S.C. 2701 et seq.).
      SEC. 13. MISCELLANEOUS PROVISIONS.
        (a) Amendments.--
            (1) Act of april 23, 1904.--Section 9 of the Act of April 23,
        1904 (33 Stat. 304, chapter 1495; 35 Stat. 450, chapter 216), is
        amended by striking the seventh undesignated paragraph.
            (2) Act of may 25, 1948.--Section 2 of the Act of May 25, 1948
        (62 Stat. 269, chapter 340), is amended--
                (A) in subsection (h), by striking paragraph (6) and
            inserting the following:
            ``(6) To enhance fisheries habitat or to improve water
        conservation management of the project.''; and
                (B) by adding at the end the following:
        ``(k) Mission Valley Division.--
            ``(1) In general.--The Secretary of the Interior (referred to
        in this section as the `Secretary'), or the Confederated Salish and
        Kootenai Tribes of the Flathead Reservation of Montana acting on
        behalf of the Secretary, as the entity with the legal authority and
        responsibility to operate the Mission Valley division of the
        project (referred to in this subsection as the `project operator'),
        may allocate revenues derived from the Mission Valley division in
        accordance with paragraph (2) for the purposes described in
        subsection (h)(6).
            ``(2) Allocation.--
                ``(A) In general.--Subject to subparagraphs (B) and (C),
            the revenues described in paragraph (1) shall be allocated by
            providing--
                    ``(i) $100,000 to the Tribes; and
                    ``(ii) $100,000 to the project operator.
                ``(B) Negotiation.--Effective beginning on October 1 of the
            tenth calendar year beginning after the date of enactment of
            the Montana Water Rights Protection Act, the Confederated
            Salish and Kootenai Tribes of the Flathead Reservation of
            Montana, the State of Montana, and the Secretary may negotiate
            for an appropriate allocation that differs from the allocation
            described in subparagraph (A).
                ``(C) Carryover.--If the project operator does not use the
            full allocation of the project operator under this paragraph
            for a fiscal year, an amount equal to the difference between
            the full allocation and the amount used by the project operator
            shall be set aside and accumulated for expenditure during
            subsequent fiscal years for the purposes described in
            subsection (h)(6).''.
            (3) Indian self-determination and education assistance act.--
        Section 403(b)(4) of the Indian Self-Determination and Education
        Assistance Act (25 U.S.C. 5363(b)(4)) is amended--
                (A) in subparagraph (A), by adding ``and'' at the end;
                (B) in subparagraph (B), by striking ``and'' at the end;
            and
                (C) by striking subparagraph (C).
        (b) Liens.--Any lien established by the Act of April 23, 1904 (33
    Stat. 302, chapter 1495; 35 Stat. 449, chapter 216), is extinguished
    and released.
        (c) Waiver of Sovereign Immunity.--Except as provided in
    subsections (a) through (c) of section 208 of the Department of Justice
    Appropriation Act, 1953 (43 U.S.C. 666), nothing in this Act waives the
    sovereign immunity of the United States.
        (d) Other Tribes Not Adversely Affected.--Nothing in this Act
    quantifies or diminishes any land or water right, or any claim or
    entitlement to land or water, of any Indian tribe other than the
    Tribes.
        (e) Limitation on Claims for Reimbursement.--With respect to Indian
    land located within the Reservation--
            (1) the United States shall not submit against any Indian-owned
        land within the Reservation any claim for reimbursement of the cost
        to the United States of carrying out this Act or the Compact; and
            (2) no assessment of any Indian-owned land located within the
        Reservation shall be made regarding that cost.
        (f) Limitation on Liability of United States.--
            (1) In general.--The United States has no obligation--
                (A) to monitor, administer, or account for, in any manner,
            any funds provided to the Tribes by the State; or
                (B) to review or approve any expenditure of the funds
            described in subparagraph (A).
            (2) Indemnity.--The Tribes shall indemnify the United States,
        and hold the United States harmless, with respect to all claims
        (including claims for takings or breach of trust) arising from the
        receipt or expenditure of amounts to carry out this Act (other than
        claims arising out of activities carried out by the Tribes with
        funds transferred in accordance with section 7(d)).
        (g) Antideficiency.--The United States shall not be liable for any
    failure to carry out any obligation or activity authorized by this Act
    (including any obligation or activity under the Compact) if--
            (1) adequate appropriations are not provided expressly by
        Congress to carry out this Act; or
            (2) subject to section 9(c), insufficient funds are available
        to carry out this Act in the Reclamation Water Settlements Fund
        established by section 10501(a) of the Omnibus Public Land
        Management Act of 2009 (43 U.S.C. 407(a)).
        (h) Federal Advisory Committee Act.--The Federal Advisory Committee
    Act (5 U.S.C. App.) shall not apply to any activity or function carried
    out by the Secretary under this Act.
        (i) Cooperative Operation and Maintenance of Flathead Indian
    Irrigation Project.--
            (1) Agreement with secretary.--On receipt of a joint request
        from the Tribes and 1 or more irrigation districts within the
        Flathead Indian irrigation project, the Secretary shall enter into
        an agreement with the Tribes and the irrigation districts for the
        cooperative operation and maintenance of the Flathead Indian
        irrigation project, or any portion of the Flathead Indian
        irrigation project, under such form of organization and under such
        conditions as may be acceptable to the Secretary.
            (2) Establishment of organization.--
                (A) In general.--In lieu of entering into an agreement
            under paragraph (1), the Tribes and 1 or more irrigation
            districts within the Flathead Indian irrigation project may
            jointly establish an organization for the purpose of entering
            into an agreement for the operation and maintenance of the
            Flathead Indian irrigation project under the Indian Self-
            Determination and Education Assistance Act (25 U.S.C. 5301 et
            seq.).
                (B) Contract support costs.--Any contract support costs
            pursuant to section 106(a) of the Indian Self-Determination and
            Education Assistance Act (25 U.S.C. 5325(a)) for an
            organization established pursuant to subparagraph (A) shall be
            limited to funds available from annual assessment under part
            171 of title 25, Code of Federal Regulations (or successor
            regulations).
                (C) Treatment.--An organization established pursuant to
            subparagraph (A) shall be considered to be a tribal
            organization (as defined in section 4 of the Indian Self-
            Determination and Education Assistance Act (25 U.S.C. 5304))
            for purposes of that Act.
                (D) Annual o&m assessments.--Nothing in this subsection
            limits the ability of an organization established pursuant to
            subparagraph (A) to include the costs of administering the
            Flathead Indian irrigation project when establishing annual
            assessment rates in accordance with part 171 of title 25, Code
            of Federal Regulations (or successor regulations).
        (j) Exchanges of Land.--
            (1) Definitions.--In this subsection:
                (A) Public land.--The term ``public land'' means--
                    (i) public lands (as defined in section 103 of the
                Federal Land Policy and Management Act of 1976 (43 U.S.C.
                1702)); and
                    (ii) land managed by the Secretary of Agriculture under
                the jurisdiction of the Forest Service.
                (B) Secretary concerned.--The term ``Secretary concerned''
            means, as applicable--
                    (i) the Secretary, with respect to the public land
                described in subparagraph (A)(i); or
                    (ii) the Secretary of Agriculture, with respect to the
                public land described in subparagraph (A)(ii).
            (2) State trust land.--
                (A) In general.--The Secretary concerned shall offer to
            negotiate with the State for the purpose of exchanging public
            land within the State for State trust land located within the
            Reservation with a total value substantially equal to the value
            of the surface estate of the approximately 36,808 acres of
            State trust land obtained by the State pursuant to--
                    (i) the Act of February 22, 1889 (commonly known as the
                ``Montana Enabling Act'') (25 Stat. 676, chapter 180), and
                the Act of April 23, 1904 (33 Stat. 302, chapter 1495; 35
                Stat. 449, chapter 216); or
                    (ii) the Act of February 25, 1920 (41 Stat. 452).
                (B) Procedures.--An exchange described in subparagraph (A)
            shall be conducted in accordance with section 206 of the
            Federal Land Policy and Management Act of 1976 (43 U.S.C.
            1716).
                (C) Valuation.--In determining the fair market value of
            land for purposes of subparagraph (A), the parties to the
            exchange shall give due consideration to the value of any
            improvements on the land.
                (D) Financial impact.--The Secretary concerned shall ensure
            that land exchanged pursuant to this paragraph is selected in a
            manner that minimizes the financial impact on local
            governments, if any.
                (E) Assistance.--The Secretary concerned shall provide such
            financial or other assistance to the State and the Tribes as
            may be necessary to obtain the appraisals, and to satisfy
            administrative requirements, necessary to accomplish the
            exchanges under subparagraph (A).
                (F) Title.--On approving an exchange under this paragraph,
            the Secretary concerned shall--
                    (i) receive title in and to the State trust land
                involved in the exchange, on behalf of the United States;
                and
                    (ii) transfer title in and to the public land disposed
                of in the exchanges with the State by such means of
                conveyance as the Secretary concerned considers to be
                appropriate.
                (G) Trust.--Title to the State trust land acquired pursuant
            to an exchange under this paragraph shall be--
                    (i) vested in the United States in trust for the sole
                use and benefit of the Tribes; and
                    (ii) recognized as part of the Reservation.
            (3) Requirements.--
                (A) In general.--In carrying out paragraph (2), the
            Secretary concerned shall, during the 5-year period beginning
            on the date of enactment of this Act, give priority to an
            exchange of public land within the State for State trust land
            owned by the State.
                (B) Total value.--The total value of the land exchanged and
            acquired for the Tribes pursuant to this subsection shall not
            exceed the value of the surface estate of the 36,808 acres
            described in paragraph (2)(A).
                (C) Private exchanges.--
                    (i) In general.--Subject to subparagraph (B), if, for
                any reason, after the expiration of the period described in
                subparagraph (A), the exchanges under paragraph (2) have
                not provided to the Tribes a total of 36,808 acres of
                surface land within the boundaries of the Reservation, the
                Secretary concerned shall, at the request of, and in
                cooperation with, the Tribes, develop and implement a
                program to provide to the Tribes additional land within the
                Reservation through land exchanges with private landowners.
                    (ii) Requirement.--In carrying out this subparagraph,
                the Secretary concerned may exchange public land within the
                State for private land of substantially equal value within
                the boundaries of the Reservation, in accordance with
                section 206 of the Federal Land Policy and Management Act
                of 1976 (43 U.S.C. 1716).
                (D) Valuation.--In determining the fair market value of
            land under subparagraph (C), the parties to an exchange made
            pursuant to that subparagraph shall give due consideration to
            the value of improvements on the land.
                (E) Title.--If the Secretary concerned obtains private land
            pursuant to subparagraph (C), the Secretary concerned shall
            transfer title to the land to the Tribes.
                (F) Trust.--Title to any private land or public land
            transferred to the Tribes pursuant to this paragraph shall--
                    (i) be vested in the United States in trust for the
                sole use and benefit of the Tribes; and
                    (ii) be recognized as part of the Reservation, if the
                land is located within the boundaries of the Reservation.
                (G) Tribal assistance.--The Tribes shall assist in
            obtaining prospective willing parties to exchange private land
            within the Reservation for public land within the State under
            this paragraph.
            (4) Protection of grazing rights.--State trust land that is not
        adjacent to Tribal land shall not be eligible to be exchanged under
        this subsection.
        (k) Review of Decisions.--A court of competent jurisdiction shall
    review the decisions of the Flathead Reservation Water Management Board
    and the Montana Department of Fish, Wildlife, and Parks in accordance
    with--
            (1) the Compact;
            (2) the Law of Administration; and
            (3) this Act.
        (l) Payments to Certain Counties.--
            (1) Payments.--
                (A) By secretary.--Subject to paragraph (2), to reduce the
            financial impact on the counties in which the land restored by
            section 12 is located, the Secretary shall make payments to
            Lake County and Sanders County in the State, out of amounts in
            the fund established under section 401(a) of the Act of June
            15, 1935 (16 U.S.C. 715s(a)).
                (B) By tribes.--To ensure that culverts, bridges, and roads
            that intersect with, or are otherwise located within, the
            supply and distribution network of the Flathead Indian
            irrigation project comply with Federal environmental
            requirements, to ensure public safety, and to enhance Tribal
            fisheries on the Reservation, the Tribes shall allocate from
            the Trust Fund amounts withdrawn for the purposes described in
            section 8(h)(13), under an agreement approved by the
            Secretary--
                    (i) $5,000,000 to Lake County in the State; and
                    (ii) $5,000,000 to Sanders County in the State.
            (2) Amount of payments.--The amount of the payments under
        paragraph (1)(A) shall be equal to the amount each county would
        have received if this Act had not been enacted.
            (3) Treatment of land for purposes of calculating payments.--
        For the limited purposes of calculating payments to Lake County and
        Sanders County under this subsection and section 401 of the Act of
        June 15, 1935 (16 U.S.C. 715s), the land restored by section 13
        shall be treated as a fee area (as defined in section 401(g) of the
        Act of June 15, 1935 (16 U.S.C. 715s(g))).
        (m) Effect on Current Law.--Nothing in this Act authorizes
    preenforcement judicial review of any Federal environmental enforcement
    action.
        (n) No Precedent.--The provisions of this Act--
            (1) are uniquely suited to address the distinct circumstances,
        facts, history, and relationships involved; and
            (2) are not intended, and shall not be interpreted, to
        establish precedent for any other situation.

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

    SEC. 1. SHORT TITLE; TABLE OF CONTENTS.
        (a) Short Title.--This division may be cited as the ``Taxpayer
    Certainty and Disaster Tax Relief Act of 2020''.
        (b) Amendment of 1986 Code.--Except as otherwise expressly
    provided, whenever in this division an amendment or repeal is expressed
    in terms of an amendment to, or repeal of, a section or other
    provision, the reference shall be considered to be made to a section or
    other provision of the Internal Revenue Code of 1986.
        (c) Table of Contents.--The table of contents of this division is
    as follows:

    Sec. 1. Short title; table of contents.

                TITLE I--EXTENSION OF CERTAIN EXPIRING PROVISIONS

                  Subtitle A--Certain Provisions Made Permanent

    Sec. 101. Reduction in medical expense deduction floor.
    Sec. 102. Energy efficient commercial buildings deduction.
    Sec. 103. Benefits provided to volunteer firefighters and emergency
              medical responders.
    Sec. 104. Transition from deduction for qualified tuition and related
              expenses to increased income limitation on lifetime learning
              credit.
    Sec. 105. Railroad track maintenance credit.
    Sec. 106. Certain provisions related to beer, wine, and distilled
              spirits.
    Sec. 107. Refunds in lieu of reduced rates for certain craft beverages
              produced outside the United States.
    Sec. 108. Reduced rates not allowed for smuggled or illegally produced
              beer, wine, and spirits.
    Sec. 109. Minimum processing requirements for reduced distilled spirits
              rates.
    Sec. 110. Modification of single taxpayer rules.

              Subtitle B--Certain Provisions Extended Through 2025

    Sec. 111. Look-thru rule for related controlled foreign corporations.
    Sec. 112. New markets tax credit.
    Sec. 113. Work opportunity credit.
    Sec. 114. Exclusion from gross income of discharge of qualified
              principal residence indebtedness.
    Sec. 115. 7-year recovery period for motorsports entertainment
              complexes.
    Sec. 116. Expensing rules for certain productions.
    Sec. 117. Oil spill liability trust fund rate.
    Sec. 118. Empowerment zone tax incentives.
    Sec. 119. Employer credit for paid family and medical leave.
    Sec. 120. Exclusion for certain employer payments of student loans.
    Sec. 121. Extension of carbon oxide sequestration credit.

                Subtitle C--Extension of Certain Other Provisions

    Sec. 131. Credit for electricity produced from certain renewable
              resources.
    Sec. 132. Extension and phaseout of energy credit.
    Sec. 133. Treatment of mortgage insurance premiums as qualified
              residence interest.
    Sec. 134. Credit for health insurance costs of eligible individuals.
    Sec. 135. Indian employment credit.
    Sec. 136. Mine rescue team training credit.
    Sec. 137. Classification of certain race horses as 3-year property.
    Sec. 138. Accelerated depreciation for business property on Indian
              reservations.
    Sec. 139. American Samoa economic development credit.
    Sec. 140. Second generation biofuel producer credit.
    Sec. 141. Nonbusiness energy property.
    Sec. 142. Qualified fuel cell motor vehicles.
    Sec. 143. Alternative fuel refueling property credit.
    Sec. 144. 2-wheeled plug-in electric vehicle credit.
    Sec. 145. Production credit for Indian coal facilities.
    Sec. 146. Energy efficient homes credit.
    Sec. 147. Extension of excise tax credits relating to alternative fuels.
    Sec. 148. Extension of residential energy-efficient property credit and
              inclusion of biomass fuel property expenditures.
    Sec. 149. Black lung disability trust fund excise tax.

                           TITLE II--OTHER PROVISIONS

    Sec. 201. Minimum low-income housing tax credit rate.
    Sec. 202. Depreciation of certain residential rental property over 30-
              year period.
    Sec. 203. Waste energy recovery property eligible for energy credit.
    Sec. 204. Extension of energy credit for offshore wind facilities.
    Sec. 205. Minimum rate of interest for certain determinations related to
              life insurance contracts.
    Sec. 206. Clarifications and technical improvements to CARES Act
              employee retention credit.
    Sec. 207. Extension and modification of employee retention and rehiring
              tax credit.
    Sec. 208. Minimum age for distributions during working retirement.
    Sec. 209. Temporary rule preventing partial plan termination.
    Sec. 210. Temporary allowance of full deduction for business meals.
    Sec. 211. Temporary special rule for determination of earned income.
    Sec. 212. Certain charitable contributions deductible by non-itemizers.
    Sec. 213. Modification of limitations on charitable contributions.
    Sec. 214. Temporary special rules for health and dependent care flexible
              spending arrangements.

                         TITLE III--DISASTER TAX RELIEF

    Sec. 301. Definitions.
    Sec. 302. Special disaster-related rules for use of retirement funds.
    Sec. 303. Employee retention credit for employers affected by qualified
              disasters.
    Sec. 304. Other disaster-related tax relief provisions.
    Sec. 305. Low-income housing tax credit.
    Sec. 306. Treatment of certain possessions.

               TITLE I--EXTENSION OF CERTAIN EXPIRING PROVISIONS
                 Subtitle A--Certain Provisions Made Permanent

        SEC. 101. REDUCTION IN MEDICAL EXPENSE DEDUCTION FLOOR.
        (a) In General.--Section 213 is amended--
            (1) by striking ``10 percent'' in subsection (a) and inserting
        ``7.5 percent'', and
            (2) by striking subsection (f).
        (b) Effective Date.--The amendments made by this section shall
    apply to taxable years beginning after December 31, 2020.
        SEC. 102. ENERGY EFFICIENT COMMERCIAL BUILDINGS DEDUCTION.
        (a) Deduction Made Permanent.--Section 179D is amended by striking
    subsection (h).
        (b) Inflation Adjustment.--Section 179D, as amended by subsection
    (a), is amended by redesignating subsection (g) as subsection (h) and
    by inserting after subsection (f) the following new subsection:
        ``(g) Inflation Adjustment.--In the case of a taxable year
    beginning after 2020, each dollar amount in subsection (b) or
    subsection (d)(1)(A) shall be increased by an amount equal to--
            ``(1) such dollar amount, multiplied by
            ``(2) the cost-of-living adjustment determined under section
        1(f)(3) for the calendar year in which the taxable year begins,
        determined by substituting `calendar year 2019' for `calendar year
        2016' in subparagraph (A)(ii) thereof.
    Any increase determined under the preceding sentence which is not a
    multiple of 1 cent shall be rounded to the nearest cent.''.
        (c) Update of Standards.--
            (1) ASHRAE standards.--Section 179D(c) is amended--
                (A) in paragraphs (1)(B)(ii) and (1)(D), by striking
            ``Standard 90.1-2007'' and inserting ``Reference Standard
            90.1'', and
                (B) by amending paragraph (2) to read as follows:
            ``(2) Reference standard 90.1.--The term `Reference Standard
        90.1' means, with respect to any property, the most recent Standard
        90.1 published by the American Society of Heating, Refrigerating,
        and Air Conditioning Engineers and the Illuminating Engineering
        Society of North America which has been affirmed by the Secretary,
        after consultation with the Secretary of Energy, for purposes of
        this section not later than the date that is 2 years before the
        date that construction of such property begins.''.
            (2) California nonresidential alternative calculation method
        approval manual.--Section 179D(d)(2) is amended by striking ``,
        based on the provisions of the 2005 California Nonresidential
        Alternative Calculation Method Approval Manual'' and inserting
        ``with respect to any property, based on the provisions of the most
        recent California Nonresidential Alternative Calculation Method
        Approval Manual which has been affirmed by the Secretary, after
        consultation with the Secretary of Energy, for purposes of this
        section not later than the date that is 2 years before the date
        that construction of such property begins''.
        (d) Effective Date.--The amendments made by this section shall
    apply to property placed in service after December 31, 2020.
        SEC. 103. BENEFITS PROVIDED TO VOLUNTEER FIREFIGHTERS AND EMERGENCY
          MEDICAL RESPONDERS.
        (a) In General.--Section 139B is amended by striking subsection
    (d).
        (b) Effective Date.--The amendment made by this section shall apply
    to taxable years beginning after December 31, 2020.
        SEC. 104. TRANSITION FROM DEDUCTION FOR QUALIFIED TUITION AND
          RELATED EXPENSES TO INCREASED INCOME LIMITATION ON LIFETIME
          LEARNING CREDIT.
        (a) Increased Income Limitations for Phaseout of Lifetime Learning
    Credit.--
            (1) In general.--Section 25A(d) is amended by striking
        paragraphs (1) and (2), by redesignating paragraph (3) as paragraph
        (2), and by inserting before paragraph (2) (as so redesignated) the
        following new paragraph:
            ``(1) In general.--The American Opportunity Tax Credit and the
        Lifetime Learning Credit shall each (determined without regard to
        this paragraph) be reduced (but not below zero) by the amount which
        bears the same ratio to each such credit (as so determined) as--
                ``(A) the excess of--
                    ``(i) the taxpayer's modified adjusted gross income for
                such taxable year, over
                    ``(ii) $80,000 ( $160,000 in the case of a joint
                return), bears to
                ``(B) $10,000 ( $20,000 in the case of a joint return).''.
            (2) Conforming amendment.--Section 25A is amended by striking
        subsection (h).
        (b) Repeal of Deduction for Qualified Tuition and Related
    Expenses.--
            (1) In general.--Part VII of subchapter B of chapter 1 is
        amended by striking section 222 (and by striking the item relating
        to such section in the table of sections for such part).
            (2) Conforming amendments.--
                (A) Section 62(a) is amended by striking paragraph (18).
                (B) Section 74(d)(2)(B) is amended by striking ``222,''.
                (C) Section 86(b)(2)(A) is amended by striking ``222,''.
                (D) Section 135(c)(4)(A) is amended by striking ``222,''.
                (E) Section 137(b)(3)(A) is amended by striking ``222,''.
                (F) Section 219(g)(3)(A)(ii) is amended by striking
            ``222,''.
                (G) Section 221(b)(2)(C)(i) is amended by striking
            ``222,''.
                (H) Section 469(i)(3)(E)(iii) is amended by striking
            ``222,''.
        (c) Effective Date.--The amendments made by this section shall
    apply to taxable years beginning after December 31, 2020.
        SEC. 105. RAILROAD TRACK MAINTENANCE CREDIT.
        (a) Made Permanent.--Section 45G is amended by striking subsection
    (f).
        (b) Modification of Credit Rate.--Section 45G(a) is amended by
    striking ``50 percent'' and inserting ``40 percent (50 percent in the
    case of any taxable year beginning before January 1, 2023)''.
        (c) Effective Date.--The amendments made by this section shall
    apply to taxable years ending after the date of the enactment of this
    Act.
        SEC. 106. CERTAIN PROVISIONS RELATED TO BEER, WINE, AND DISTILLED
          SPIRITS.
        (a) Production Period for Beer, Wine, and Distilled Spirits.--
            (1) In general.--Section 263A(f)(4) is amended to read as
        follows:
            ``(4) Exemption for aging process of beer, wine, and distilled
        spirits.--For purposes of this subsection, the production period
        shall not include the aging period for--
                ``(A) beer (as defined in section 5052(a)),
                ``(B) wine (as described in section 5041(a)), or
                ``(C) distilled spirits (as defined in section 5002(a)(8)),
            except such spirits that are unfit for use for beverage
            purposes.''.
            (2) Effective date.--The amendment made by this subsection
        shall apply to interest costs paid or accrued after December 31,
        2020.
        (b) Reduced Rate of Excise Tax on Beer.--
            (1) In general.--Section 5051(a)(1) is amended to read as
        follows:
            ``(1) In general.--
                ``(A) Imposition of tax.--A tax is hereby imposed on all
            beer brewed or produced, and removed for consumption or sale,
            within the United States, or imported into the United States.
            Except as provided in paragraph (2), the rate of such tax shall
            be--
                    ``(i) $16 on the first 6,000,000 barrels of beer--

                        ``(I) brewed by the brewer and removed during the
                    calendar year for consumption or sale, or
                        ``(II) imported by the importer into the United
                    States during the calendar year, and

                    ``(ii) $18 on any barrels of beer to which clause (i)
                does not apply.
                ``(B) Barrel.--For purposes of this section, a barrel shall
            contain not more than 31 gallons of beer, and any tax imposed
            under this section shall be applied at a like rate for any
            other quantity or for fractional parts of a barrel.''.
            (2) Reduced rate for certain domestic production.--Section
        5051(a)(2)(A) is amended--
                (A) in the heading, by inserting `` $3.50 a barrel'' before
            ``rate'', and
                (B) by striking `` $7'' and all that follows through
            ``January 1, 2021)'' and inserting `` $3.50''.
            (3) Application of reduced tax rate for foreign manufacturers
        and importers.--Section 5051(a) is amended--
                (A) in paragraph (1)(A)(i)(II), as amended by paragraph (1)
            of this subsection, by inserting ``but only if the importer is
            an electing importer under paragraph (4) and the barrels have
            been assigned to the importer pursuant to such paragraph''
            after ``during the calendar year'', and
                (B) in paragraph (4)--
                    (i) in subparagraph (A), by striking ``paragraph
                (1)(C)'' and inserting ``paragraph (1)(A)'', and
                    (ii) in subparagraph (B), by striking ``The Secretary''
                and inserting ``The Secretary, after consultation with the
                Secretary of the Department of Homeland Security,''.
            (4) Controlled group and single taxpayer rules.--Section
        5051(a)(5) is amended by striking ``paragraph (1)(C)(i)'' each
        place it appears and inserting ``paragraph (1)(A)(i)''.
            (5) Effective date.--The amendments made by this subsection
        shall apply to beer removed after December 31, 2020.
        (c) Transfer of Beer Between Bonded Facilities.--
            (1) In general.--Section 5414 is amended to read as follows:
    ``SEC. 5414. TRANSFER OF BEER BETWEEN BONDED FACILITIES.
        ``(a) In General.--Beer may be removed from one brewery to another
    brewery, without payment of tax, and may be mingled with beer at the
    receiving brewery, subject to such conditions, including payment of the
    tax, and in such containers, as the Secretary by regulations shall
    prescribe, which shall include--
            ``(1) any removal from one brewery to another brewery belonging
        to the same brewer,
            ``(2) any removal from a brewery owned by one corporation to a
        brewery owned by another corporation when--
                ``(A) one such corporation owns the controlling interest in
            the other such corporation, or
                ``(B) the controlling interest in each such corporation is
            owned by the same person or persons, and
            ``(3) any removal from one brewery to another brewery when--
                ``(A) the proprietors of transferring and receiving
            premises are independent of each other and neither has a
            proprietary interest, directly or indirectly, in the business
            of the other, and
                ``(B) the transferor has divested itself of all interest in
            the beer so transferred and the transferee has accepted
            responsibility for payment of the tax.
        ``(b) Transfer of Liability for Tax.--For purposes of subsection
    (a)(3), such relief from liability shall be effective from the time of
    removal from the transferor's premises, or from the time of divestment
    of interest, whichever is later.''.
            (2) Effective date.--The amendment made by this subsection
        shall apply to any calendar quarters beginning after December 31,
        2020.
        (d) Reduced Rate of Excise Tax on Certain Wine.--
            (1) In general.--Section 5041(c) is amended--
                (A) in the heading, by striking ``for Small Domestic
            Producers'',
                (B) by amending paragraph (1) to read as follows:
            ``(1) Allowance of credit.--
                ``(A) In general.--There shall be allowed as a credit
            against any tax imposed by this title (other than chapters 2,
            21, and 22) an amount equal to the sum of--
                    ``(i) $1 per wine gallon on the first 30,000 wine
                gallons of wine, plus
                    ``(ii) 90 cents per wine gallon on the first 100,000
                wine gallons of wine to which clause (i) does not apply,
                plus
                    ``(iii) 53.5 cents per wine gallon on the first 620,000
                wine gallons of wine to which clauses (i) and (ii) do not
                apply,
            which are produced by the producer and removed during the
            calendar year for consumption or sale, or which are imported by
            the importer into the United States during the calendar year.
                ``(B) Adjustment of credit for hard cider.--In the case of
            wine described in subsection (b)(6), subparagraph (A) of this
            paragraph shall be applied--
                    ``(i) in clause (i) of such subparagraph, by
                substituting `6.2 cents' for ` $1',
                    ``(ii) in clause (ii) of such subparagraph, by
                substituting `5.6 cents' for `90 cents', and
                    ``(iii) in clause (iii) of such subparagraph, by
                substituting `3.3 cents' for `53.5 cents'.'',
                (C) by striking paragraphs (2) and (8),
                (D) by redesignating paragraphs (3) through (6) as
            paragraphs (2) through (5), respectively,
                (E) by redesignating paragraph (9) as paragraph (6), and
                (F) by amending paragraph (7) to read as follows:
            ``(7) Regulations.--The Secretary may prescribe such
        regulations as may be necessary to carry out the purposes of this
        subsection, including regulations to ensure proper calculation of
        the credit provided in this subsection.''.
            (2) Allowance of credit for foreign manufacturers and
        importers.--Section 5041(c), as amended by paragraph (1), is
        amended--
                (A) in paragraph (1)(A), by inserting ``but only if the
            importer is an electing importer under paragraph (6) and the
            wine gallons of wine have been assigned to the importer
            pursuant to such paragraph'' after ``into the United States
            during the calendar year'', and
                (B) in paragraph (6)--
                    (i) in subparagraph (A), by striking ``paragraph (8)''
                and inserting ``paragraph (1)'',
                    (ii) in subparagraph (B), by striking ``The Secretary''
                and inserting ``The Secretary of the Treasury, after
                consultation with the Secretary of the Department of
                Homeland Security,'', and
                    (iii) in subparagraph (C), by striking ``paragraph
                (4)'' and inserting ``paragraph (3)''.
            (3) Effective date.--The amendments made by this subsection
        shall apply to wine removed after December 31, 2020.
        (e) Adjustment of Alcohol Content Level for Application of Excise
    Tax Rates.--
            (1) In general.--Paragraphs (1) and (2) of section 5041(b) are
        each amended by striking ``14 percent'' and all that follows
        through ``January 1, 2021'' and inserting ``16 percent''.
            (2) Effective date.--The amendments made by this subsection
        shall apply to wine removed after December 31, 2020.
        (f) Definition of Mead and Low Alcohol by Volume Wine.--
            (1) In general.--Section 5041(h) is amended--
                (A) in paragraph (2), by striking ``the Secretary shall''
            each place it appears and inserting ``the Secretary may'', and
                (B) by striking paragraph (3).
            (2) Effective date.--The amendments made by this subsection
        shall apply to wine removed after December 31, 2020.
        (g) Reduced Rate of Excise Tax on Certain Distilled Spirits.--
            (1) In general.--Section 5001(c) is amended--
                (A) in the heading, by striking ``Temporary Reduced Rate''
            and inserting ``Reduced Rate'',
                (B) in paragraph (3)(B), by striking ``The Secretary'' and
            inserting ``The Secretary of the Treasury, after consultation
            with the Secretary of the Department of Homeland Security,'',
            and
                (C) by striking paragraph (4).
            (2) Effective date.--The amendments made by this subsection
        shall apply to distilled spirits removed after December 31, 2020.
        (h) Bulk Distilled Spirits.--
            (1) In general.--Section 5212 is amended by striking ``and
        before January 1, 2021,'' and inserting ``between bonded premises
        belonging to the same person or members of the same controlled
        group (within the meaning of section 5001(c)(2))''.
            (2) Non-bulk transfers related to bottling or storage.--Section
        5212 is amended by adding at the end the following new sentence:
        ``In the case of distilled spirits transferred in bond from the
        person who distilled or processed such distilled spirits
        (hereinafter referred to as `transferor') to another person for
        bottling or storage of such distilled spirits, and returned to the
        transferor for removal, this section shall be applied without
        regard to whether distilled spirits are bulk distilled spirits, but
        only if the transferor retains title during the entire period
        between such distillation, or processing, and removal.''.
            (3) Effective date.--The amendments made by this subsection
        shall apply to distilled spirits transferred in bond after December
        31, 2020.
        (i) Simplification of Rules Regarding Records, Statements, and
    Returns.--
            (1) In general.--Section 5555(a) is amended by striking ``For
        calendar quarters beginning after the date of the enactment of this
        sentence, and before January 1, 2021, the Secretary'' and inserting
        ``The Secretary''.
            (2) Effective date.--The amendment made by this subsection
        shall apply to calendar quarters beginning after December 31, 2020.
        SEC. 107. REFUNDS IN LIEU OF REDUCED RATES FOR CERTAIN CRAFT
          BEVERAGES PRODUCED OUTSIDE THE UNITED STATES.
        (a) Distilled Spirits.--
            (1) In general.--Section 5001(c), as amended by the preceding
        provisions of this Act, is amended by adding at the end the
        following new paragraph:
            ``(4) Refunds in lieu of reduced rates for foreign production
        removed after december 31, 2022.--
                ``(A) In general.--In the case of any proof gallons of
            distilled spirits which have been produced outside the United
            States and imported into the United States, if such proof
            gallons of distilled spirits are removed after December 31,
            2022--
                    ``(i) paragraph (1) shall not apply, and
                    ``(ii) the amount determined under subparagraph (B)
                shall be allowed as a refund, determined for periods not
                less frequently than quarterly, to the importer in the same
                manner as if such amount were an overpayment of tax imposed
                by this section.
                ``(B) Amount of refund.--The amount determined under this
            subparagraph with respect to any importer for any period is an
            amount equal to the sum of--
                    ``(i) the excess (if any) of--

                        ``(I) the amount of tax imposed under this subpart
                    on proof gallons of distilled spirits referred to in
                    subparagraph (A) which were removed during such period,
                    over
                        ``(II) the amount of tax which would have been
                    imposed under this subpart on such proof gallons of
                    distilled spirits if this section were applied without
                    regard to this paragraph, plus

                    ``(ii) the amount of interest which would be allowed
                and paid on an overpayment of tax at the overpayment rate
                established under section 6621(a)(1) (without regard to the
                second sentence thereof) were such rate applied to the
                excess (if any) determined under clause (i) for the number
                of days in the filing period for which the refund under
                this paragraph is being determined.
                ``(C) Application of rules related to elections and
            assignments.--Subparagraph (A)(ii) shall apply only if the
            importer is an electing importer under paragraph (3) and the
            proof gallons of distilled spirits have been assigned to the
            importer pursuant to such paragraph.
                ``(D) Rules for refunds within 90 days.--For purposes of
            refunds allowed under this paragraph, section 6611(e) shall be
            applied by substituting `90 days' for `45 days' each place it
            appears.''.
            (2) Coordination with determination for cover over to puerto
        rico and virgin islands.--
                (A) In general.--Section 7652 is amended by adding at the
            end the following new subsection:
        ``(i) Determination of Taxes Collected.--For purposes of
    subsections (a)(3), (b)(3), and (e)(1), refunds under section
    5001(c)(4) shall not be taken into account as a refund, and the amount
    of taxes imposed by and collected under section 5001(a)(1) shall be
    determined without regard to section 5001(c).''.
                (B) Conforming amendment.--Section 7652(e) is amended by
            striking paragraph (5).
            (3) Effective date.--The amendments made by this subsection
        shall apply to distilled spirits brought into the United States and
        removed after December 31, 2022.
        (b) Beer.--
            (1) In general.--Section 5051(a) is amended by adding at the
        end the following new paragraph:
            ``(6) Refunds in lieu of reduced rates for foreign production
        removed after december 31, 2022.--
                ``(A) In general.--In the case of any barrels of beer which
            have been produced outside the United States and imported into
            the United States, if such barrels of beer are removed after
            December 31, 2022--
                    ``(i) paragraph (1)(A)(i) shall not apply, and
                    ``(ii) the amount determined under subparagraph (B)
                shall be allowed as a refund, determined for periods not
                less frequently than quarterly, to the importer in the same
                manner as if such amount were an overpayment of tax imposed
                by this section.
                ``(B) Amount of refund.--The amount determined under this
            subparagraph with respect to any importer for any period is an
            amount equal to the sum of--
                    ``(i) excess (if any) of--

                        ``(I) the amount of tax imposed under this section
                    on barrels of beer referred to in subparagraph (A)
                    which were removed during such period, over
                        ``(II) the amount of tax which would have been
                    imposed under this section on such barrels of beer if
                    this section were applied without regard to this
                    paragraph, plus

                    ``(ii) the amount of interest which would be allowed
                and paid on an overpayment of tax at the overpayment rate
                established under section 6621(a)(1) (without regard to the
                second sentence thereof) were such rate applied to the
                excess (if any) determined under clause (i) for the number
                of days in the filing period for which the refund under
                this paragraph is being determined.
                ``(C) Application of rules related to elections and
            assignments.--Subparagraph (A)(ii) shall apply only if the
            importer is an electing importer under paragraph (4) and the
            barrels of beer have been assigned to the importer pursuant to
            such paragraph.
                ``(D) Rules for refunds within 90 days.--For purposes of
            refunds allowed under this paragraph, section 6611(e) shall be
            applied by substituting `90 days' for `45 days' each place it
            appears.''.
            (2) Effective date.--The amendment made by this subsection
        shall apply to beer removed after December 31, 2022.
        (c) Wine.--
            (1) In general.--Section 5041(c), as amended by the preceding
        provisions of this Act, is amended by redesignating paragraph (7)
        as paragraph (8) and by inserting after paragraph (6) the following
        new paragraph:
            ``(7) Refunds in lieu of tax credits for foreign production
        removed after december 31, 2022.--
                ``(A) In general.--In the case of any wine gallons of wine
            which have been produced outside the United States and imported
            into the United States, if such wine gallons are removed after
            December 31, 2022--
                    ``(i) paragraph (1) shall not apply, and
                    ``(ii) the amount determined under subparagraph (B)
                shall be allowed as a refund, determined for periods not
                less frequently than quarterly, to the importer in the same
                manner as if such amount were an overpayment of tax imposed
                by this section.
                ``(B) Amount of refund.--The amount determined under this
            subparagraph with respect to any importer for any period is an
            amount equal to the sum of--
                    ``(i) excess (if any) of--

                        ``(I) the amount of tax imposed under this section
                    on wine gallons of wine referred to in subparagraph (A)
                    which were removed during such period, over
                        ``(II) the amount of tax which would have been
                    imposed under this section (including any allowable
                    credits) on such gallons of wine if this section were
                    applied without regard to this paragraph, plus

                    ``(ii) the amount of interest which would be allowed
                and paid on an overpayment of tax at the overpayment rate
                established under section 6621(a)(1) (without regard to the
                second sentence thereof) were such rate applied to the
                excess (if any) determined under clause (i) for the number
                of days in the filing period for which the refund under
                this paragraph is being determined.
                ``(C) Application of rules related to elections and
            assignments.--Subparagraph (A)(ii) shall apply only if the
            importer is an electing importer under paragraph (6) and the
            wine gallons of wine have been assigned to the importer
            pursuant to such paragraph.
                ``(D) Rules for refunds within 90 days.--For purposes of
            refunds allowed under this paragraph, section 6611(e) shall be
            applied by substituting `90 days' for `45 days' each place it
            appears.''.
            (2) Effective date.--The amendments made by this subsection
        shall apply to wine removed after December 31, 2022.
        (d) Information Reporting in Case of Assignment of Lower Rates or
    Refunds by Foreign Producers of Beer, Wine, and Distilled Spirits.--
            (1) In general.--Subpart A of part III of subchapter A of
        chapter 61 is amended by inserting after section 6038D the
        following new section:
    ``SEC. 6038E. INFORMATION WITH RESPECT TO ASSIGNMENT OF LOWER RATES OR
    REFUNDS BY FOREIGN PRODUCERS OF BEER, WINE, AND DISTILLED SPIRITS.
        ``Any foreign producer that elects to make an assignment described
    in section 5001(c), 5041(c), or 5051(a) shall provide such information,
    at such time and in such manner, as the Secretary may prescribe in
    order to make such assignment, including information about the
    controlled group structure of such foreign producer.''.
            (2) Clerical amendment.--Table of sections for subpart A of
        part III of subchapter A of chapter 61 is amended by inserting
        after the item relating to section 6038D the following new item:

    ``Sec. 6038E. Information with respect to assignment of lower rates or
              refunds by foreign producers of beer, wine, and distilled
              spirits.''.

            (3) Effective date.--The amendments made by this subsection
        shall apply to elections to make an assignment under section
        5001(c), 5041(c), or 5051(a) of the Internal Revenue Code of 1986
        after December 31, 2020.
        (e) Administration of Refunds.--The Secretary of the Treasury (or
    the Secretary's delegate within the Department of the Treasury) shall
    implement and administer sections 5001(c)(4), 5041(c)(7), and
    5051(a)(6) of the Internal Revenue Code of 1986, as added by this Act,
    in coordination with the United States Customs and Border Protection of
    the Department of Homeland Security.
        (f) Regulations.--The Secretary of the Treasury (or the Secretary's
    delegate within the Department of the Treasury) shall prescribe such
    regulations as may be necessary or appropriate to carry out the
    purposes of this section, including regulations to require foreign
    producers to provide information necessary to enforce the volume
    limitations under sections 5001(c), 5041(c), and 5051(a) of such Code.
        (g) Report.--Not later than 180 days after the date of the
    enactment of this Act, the Secretary of the Treasury (or the
    Secretary's delegate within the Department of the Treasury) shall, in
    coordination with the United States Customs and Border Protection of
    the Department of Homeland Security, prepare, submit to Congress, and
    make publicly available a report detailing the plans for implementing
    and administering sections 5001(c)(4), 5041(c)(7), and 5051(a)(6) of
    such Code, as added by this Act.
        SEC. 108. REDUCED RATES NOT ALLOWED FOR SMUGGLED OR ILLEGALLY
          PRODUCED BEER, WINE, AND SPIRITS.
        (a) In General.--Subpart E of part I of subchapter A of chapter 51
    is amended by redesignating section 5067 as section 5068 and by
    inserting after section 5066 the following new section:
    ``SEC. 5067. REDUCED RATES NOT ALLOWED FOR SMUGGLED OR ILLEGALLY
    PRODUCED BEER, WINE, OR SPIRITS.
        ``In the case of beer, wine, or distilled spirits that are smuggled
    into the United States or produced other than as authorized by this
    chapter--
            ``(1) the rates of tax under paragraphs (1)(A)(i) and (2) of
        section 5051(a) shall not apply in the case of any such beer,
            ``(2) the credit under section 5041(c) shall not apply in the
        case of any such wine, and
            ``(3) the rates of tax under section 5001(c) shall not apply in
        the case of any such distilled spirits.''.
        (b) Clerical Amendment.--The table of sections for subpart E of
    part I of subchapter A of chapter 51 is amended by striking the last
    item and inserting the following new items:

    ``Sec. 5067. Reduced rates not allowed for illegally produced beer,
              wine, or spirits.
    ``Sec. 5068. Cross reference.''.

        (c) Effective Date.--The amendments made by this section shall
    apply to beer, wine, or distilled spirits, as the case may be, produced
    after the date of the enactment of this Act.
        SEC. 109. MINIMUM PROCESSING REQUIREMENTS FOR REDUCED DISTILLED
          SPIRITS RATES.
        (a) In General.--Section 5001(c), as amended by the preceding
    provisions of this Act, is amended by adding at the end the following:
            ``(5) Processed distilled spirits.--A distilled spirit shall
        not be treated as processed for purposes of this subsection unless
        a process described in section 5002(a)(5)(A) (other than bottling)
        is performed with respect to such distilled spirit.''.
        (b) Effective Date.--The amendment made by this section shall apply
    to distilled spirits removed after December 31, 2021.
        SEC. 110. MODIFICATION OF SINGLE TAXPAYER RULES.
        (a) Beer.--Section 5051(a)(5)(C) is amended by striking ``marketed
    under a similar brand, license'' and inserting ``under a license''.
        (b) Wine.--For single taxpayer rules relating to wine, see cross
    reference under section 5041(c)(3) of the Internal Revenue Code of
    1986, as redesignated by this Act.
        (c) Distilled Spirits.--
            (1) In general.--Section 5001(c)(2)(D) is amended by striking
        ``marketed under a similar brand, license'' and inserting ``under a
        license''.
            (2) Application to processors.--Section 5001(c)(2)(D) is
        further amended by inserting ``or process'' after ``that produce''.
        (d) Effective Date.--The amendments made by this section shall
    apply to beer, wine, and distilled spirits removed after December 31,
    2020.

              Subtitle B--Certain Provisions Extended Through 2025

        SEC. 111. LOOK-THRU RULE FOR RELATED CONTROLLED FOREIGN
          CORPORATIONS.
        (a) In General.--Section 954(c)(6)(C) is amended by striking
    ``January 1, 2021'' and inserting ``January 1, 2026''.
        (b) Effective Date.--The amendment made by this section shall apply
    to taxable years of foreign corporations beginning after December 31,
    2020, and to taxable years of United States shareholders with or within
    which such taxable years of foreign corporations end.
        SEC. 112. NEW MARKETS TAX CREDIT.
        (a) In General.--Section 45D(f)(1)(H) is amended by striking
    ``2020'' and inserting ``for each of calendar years 2020 through
    2025''.
        (b) Carryover of Unused Limitation.--Section 45D(f)(3) is amended
    by striking ``2025'' and inserting ``2030''.
        (c) Effective Date.--The amendments made by this section shall
    apply to calendar years beginning after December 31, 2020.
        SEC. 113. WORK OPPORTUNITY CREDIT.
        (a) In General.--Section 51(c)(4) is amended by striking ``December
    31, 2020'' and inserting ``December 31, 2025''.
        (b) Effective Date.--The amendment made by this section shall apply
    to individuals who begin work for the employer after December 31, 2020.
        SEC. 114. EXCLUSION FROM GROSS INCOME OF DISCHARGE OF QUALIFIED
          PRINCIPAL RESIDENCE INDEBTEDNESS.
        (a) In General.--Section 108(a)(1)(E) is amended by striking
    ``January 1, 2021'' both places it appears and inserting ``January 1,
    2026''.
        (b) Modification of Maximum Acquisition Indebtedness Taken Into
    Account.--Section 108(h)(2) is amended by striking `` $2,000,000 (
    $1,000,000'' and inserting `` $750,000 ( $375,000''.
        (c) Effective Date.--The amendments made by this section shall
    apply to discharges of indebtedness after December 31, 2020.
        SEC. 115. 7-YEAR RECOVERY PERIOD FOR MOTORSPORTS ENTERTAINMENT
          COMPLEXES.
        (a) In General.--Section 168(i)(15)(D) is amended by striking
    ``December 31, 2020'' and inserting ``December 31, 2025''.
        (b) Effective Date.--The amendment made by this section shall apply
    to property placed in service after December 31, 2020.
        SEC. 116. EXPENSING RULES FOR CERTAIN PRODUCTIONS.
        (a) Extension.--Section 181(g) is amended by striking ``December
    31, 2020'' and inserting ``December 31, 2025''.
        (b) Effective Date.--The amendment made by this section shall apply
    to productions commencing after December 31, 2020.
        SEC. 117. OIL SPILL LIABILITY TRUST FUND RATE.
        (a) In General.--Section 4611(f)(2) is amended by striking
    ``December 31, 2020'' and inserting ``December 31, 2025''.
        (b) Effective Date.--The amendment made by this section shall apply
    on and after January 1, 2021.
        SEC. 118. EMPOWERMENT ZONE TAX INCENTIVES.
        (a) In General.--Section 1391(d)(1)(A)(i) is amended by striking
    ``December 31, 2020'' and inserting ``December 31, 2025''.
        (b) Termination of Increase in Expensing Under Section 179.--
    Section 1397A is amended by adding at the end the following new
    subsection:
        ``(c) Termination.--This section shall not apply to any property
    placed in service in taxable years beginning after December 31,
    2020.''.
        (c) Termination of Nonrecognition of Gain on Rollover of
    Empowerment Zone Investments.--Section 1397B is amended by adding at
    the end the following new subsection:
        ``(c) Termination.--This section shall not apply to sales in
    taxable years beginning after December 31, 2020.''.
        (d) Treatment of Certain Termination Dates Specified in
    Nominations.--In the case of a designation of an empowerment zone the
    nomination for which included a termination date which is
    contemporaneous with the date specified in subparagraph (A)(i) of
    section 1391(d)(1) of the Internal Revenue Code of 1986 (as in effect
    before the enactment of this Act), subparagraph (B) of such section
    shall not apply with respect to such designation if, after the date of
    the enactment of this section, the entity which made such nomination
    amends the nomination to provide for a new termination date in such
    manner as the Secretary of the Treasury (or the Secretary's designee)
    may provide.
        (e) Effective Date.--The amendments made by this section shall
    apply to taxable years beginning after December 31, 2020.
        SEC. 119. EMPLOYER CREDIT FOR PAID FAMILY AND MEDICAL LEAVE.
        (a) In General.--Section 45S(i) is amended by striking ``December
    31, 2020'' and inserting ``December 31, 2025''.
        (b) Effective Date.--The amendment made by this section shall apply
    to wages paid in taxable years beginning after December 31, 2020.
        SEC. 120. EXCLUSION FOR CERTAIN EMPLOYER PAYMENTS OF STUDENT LOANS.
        (a) In General.--Section 127(c)(1)(B) is amended by striking
    ``January 1, 2021'' and inserting ``January 1, 2026''.
        (b) Effective Date.--The amendment made by this section shall apply
    to payments made after December 31, 2020.
        SEC. 121. EXTENSION OF CARBON OXIDE SEQUESTRATION CREDIT.
        Section 45Q(d)(1) is amended by striking ``January 1, 2024'' and
    inserting ``January 1, 2026''.

               Subtitle C--Extension of Certain Other Provisions

        SEC. 131. CREDIT FOR ELECTRICITY PRODUCED FROM CERTAIN RENEWABLE
          RESOURCES.
        (a) In General.--The following provisions of section 45(d) are each
    amended by striking ``January 1, 2021'' each place it appears and
    inserting ``January 1, 2022'':
            (1) Paragraph (1).
            (2) Paragraph (2)(A).
            (3) Paragraph (3)(A).
            (4) Paragraph (4)(B).
            (5) Paragraph (6).
            (6) Paragraph (7).
            (7) Paragraph (9).
            (8) Paragraph (11)(B).
        (b) Extension of Election to Treat Qualified Facilities as Energy
    Property.--Section 48(a)(5)(C)(ii) is amended by striking ``January 1,
    2021'' and inserting ``January 1, 2022''.
        (c) Conforming Amendments Related to Application of Phaseout
    Percentage.--
            (1) Section 45(b)(5)(D) is amended by striking ``January 1,
        2021'' and inserting ``January 1, 2022''.
            (2) Section 48(a)(5)(E)(iv) is amended by striking ``January 1,
        2021'' and inserting ``January 1, 2022''.
        (d) Effective Date.--The amendments made by this section shall take
    effect on January 1, 2021.
        SEC. 132. EXTENSION AND PHASEOUT OF ENERGY CREDIT.
        (a) Extensions.--Section 48 is amended--
            (1) in subsection (a)--
                (A) in paragraph (2)(A)(i)(II), by striking ``January 1,
            2022'' and inserting ``January 1, 2024'', and
                (B) in paragraph (3)(A)--
                    (i) in clause (ii), by striking ``January 1, 2022'' and
                inserting ``January 1, 2024'', and
                    (ii) in clause (vii), by striking ``January 1, 2022''
                and inserting ``January 1, 2024'', and
            (2) in subsection (c)--
                (A) in paragraph (1)(D), by striking ``January 1, 2022''
            and inserting ``January 1, 2024'',
                (B) in paragraph (2)(D), by striking ``January 1, 2022''
            and inserting ``January 1, 2024'',
                (C) in paragraph (3)(A)(iv), by striking ``January 1,
            2022'' and inserting ``January 1, 2024'', and
                (D) in paragraph (4)(C), by striking ``January 1, 2022''
            and inserting ``January 1, 2024''.
        (b) Phaseouts.--
            (1) Solar energy property.--Section 48(a)(6) is amended--
                (A) in subparagraph (A)--
                    (i) by striking ``January 1, 2022, the energy
                percentage'' and inserting ``January 1, 2024, the energy
                percentage'',
                    (ii) in clause (i), by striking ``January 1, 2021'' and
                inserting ``January 1, 2023'', and
                    (iii) in clause (ii), by striking ``after December 31,
                2020, and before January 1, 2022'' and inserting ``after
                December 31, 2022, and before January 1, 2024'', and
                (B) in subparagraph (B), by striking ``begins before
            January 1, 2022, and which is not placed in service before
            January 1, 2024'' and inserting ``begins before January 1,
            2024, and which is not placed in service before January 1,
            2026''.
            (2) Fiber-optic solar, qualified fuel cell, and qualified small
        wind energy property.--Section 48(a)(7) is amended--
                (A) in subparagraph (A)--
                    (i) in clause (i), by striking ``January 1, 2021'' and
                inserting ``January 1, 2023'', and
                    (ii) in clause (ii), by striking ``after December 31,
                2020, and before January 1, 2022'' and inserting ``after
                December 31, 2022, and before January 1, 2024'', and
                (B) in subparagraph (B), by striking ``January 1, 2024''
            and inserting ``January 1, 2026''.
        (c) Effective Date.--The amendments made by this section shall take
    effect on January 1, 2020.
        SEC. 133. TREATMENT OF MORTGAGE INSURANCE PREMIUMS AS QUALIFIED
          RESIDENCE INTEREST.
        (a) In General.--Section 163(h)(3)(E)(iv)(I) is amended by striking
    ``December 31, 2020'' and inserting ``December 31, 2021''.
        (b) Effective Date.--The amendment made by this section shall apply
    to amounts paid or accrued after December 31, 2020.
        SEC. 134. CREDIT FOR HEALTH INSURANCE COSTS OF ELIGIBLE
          INDIVIDUALS.
        (a) In General.--Section 35(b)(1)(B) is amended by striking
    ``January 1, 2021'' and inserting ``January 1, 2022''.
        (b) Effective Date.--The amendment made by this section shall apply
    to months beginning after December 31, 2020.
        SEC. 135. INDIAN EMPLOYMENT CREDIT.
        (a) In General.--Section 45A(f) is amended by striking ``December
    31, 2020'' and inserting ``December 31, 2021''.
        (b) Effective Date.--The amendment made by this section shall apply
    to taxable years beginning after December 31, 2020.
        SEC. 136. MINE RESCUE TEAM TRAINING CREDIT.
        (a) In General.--Section 45N(e) is amended by striking ``December
    31, 2020'' and inserting ``December 31, 2021''.
        (b) Effective Date.--The amendment made by this section shall apply
    to taxable years beginning after December 31, 2020.
        SEC. 137. CLASSIFICATION OF CERTAIN RACE HORSES AS 3-YEAR PROPERTY.
        (a) In General.--Section 168(e)(3)(A)(i) is amended--
            (1) by striking ``January 1, 2021'' in subclause (I) and
        inserting ``January 1, 2022'', and
            (2) by striking ``December 31, 2020'' in subclause (II) and
        inserting ``December 31, 2021''.
        (b) Effective Date.--The amendments made by this section shall
    apply to property placed in service after December 31, 2020.
        SEC. 138. ACCELERATED DEPRECIATION FOR BUSINESS PROPERTY ON INDIAN
          RESERVATIONS.
        (a) In General.--Section 168(j)(9) is amended by striking
    ``December 31, 2020'' and inserting ``December 31, 2021''.
        (b) Effective Date.--The amendment made by this section shall apply
    to property placed in service after December 31, 2020.
        SEC. 139. AMERICAN SAMOA ECONOMIC DEVELOPMENT CREDIT.
        (a) In General.--Section 119(d) of division A of the Tax Relief and
    Health Care Act of 2006 is amended--
            (1) by striking ``January 1, 2021'' each place it appears and
        inserting ``January 1, 2022'',
            (2) by striking ``first 15 taxable years'' in paragraph (1) and
        inserting ``first 16 taxable years'', and
            (3) by striking ``first 9 taxable years'' in paragraph (2) and
        inserting ``first 10 taxable years''.
        (b) Effective Date.--The amendments made by this section shall
    apply to taxable years beginning after December 31, 2020.
        SEC. 140. SECOND GENERATION BIOFUEL PRODUCER CREDIT.
        (a) In General.--Section 40(b)(6)(J)(i) is amended by striking
    ``January 1, 2021'' and inserting ``January 1, 2022''.
        (b) Effective Date.--The amendment made by this section shall apply
    to qualified second generation biofuel production after December 31,
    2020.
        SEC. 141. NONBUSINESS ENERGY PROPERTY.
        (a) In General.--Section 25C(g)(2) is amended by striking
    ``December 31, 2020'' and inserting ``December 31, 2021''.
        (b) Effective Date.--The amendment made by this section shall apply
    to property placed in service after December 31, 2020.
        SEC. 142. QUALIFIED FUEL CELL MOTOR VEHICLES.
        (a) In General.--Section 30B(k)(1) is amended by striking
    ``December 31, 2020'' and inserting ``December 31, 2021''.
        (b) Effective Date.--The amendment made by this section shall apply
    to property purchased after December 31, 2020.
        SEC. 143. ALTERNATIVE FUEL REFUELING PROPERTY CREDIT.
        (a) In General.--Section 30C(g) is amended by striking ``December
    31, 2020'' and inserting ``December 31, 2021''.
        (b) Effective Date.--The amendment made by this section shall apply
    to property placed in service after December 31, 2020.
        SEC. 144. 2-WHEELED PLUG-IN ELECTRIC VEHICLE CREDIT.
        (a) In General.--Section 30D(g)(3)(E)(ii) is amended by striking
    ``January 1, 2021'' and inserting ``January 1, 2022''.
        (b) Effective Date.--The amendment made by this section shall apply
    to vehicles acquired after December 31, 2020.
        SEC. 145. PRODUCTION CREDIT FOR INDIAN COAL FACILITIES.
        (a) In General.--Section 45(e)(10)(A) is amended by striking ``15-
    year period'' each place it appears and inserting ``16-year period''.
        (b) Effective Date.--The amendments made by this section shall
    apply to coal produced after December 31, 2020.
        SEC. 146. ENERGY EFFICIENT HOMES CREDIT.
        (a) In General.--Section 45L(g) is amended by striking ``December
    31, 2020'' and inserting ``December 31, 2021''.
        (b) Effective Date.--The amendment made by this section shall apply
    to homes acquired after December 31, 2020.
        SEC. 147. EXTENSION OF EXCISE TAX CREDITS RELATING TO ALTERNATIVE
          FUELS.
        (a) In General.--Sections 6426(d)(5) and 6426(e)(3) are each
    amended by striking ``December 31, 2020'' and inserting ``December 31,
    2021''.
        (b) Outlay Payments for Alternative Fuels.--Section 6427(e)(6)(C)
    is amended by striking ``December 31, 2020'' and inserting ``December
    31, 2021''.
        (c) Effective Date.--The amendments made by this subsection shall
    apply to fuel sold or used after December 31, 2020.
        SEC. 148. EXTENSION OF RESIDENTIAL ENERGY-EFFICIENT PROPERTY CREDIT
          AND INCLUSION OF BIOMASS FUEL PROPERTY EXPENDITURES.
        (a) Extension.--
            (1) In general.--Section 25D(h) is amended by striking
        ``December 31, 2021'' and inserting ``December 31, 2023''.
            (2) Phasedown.--Section 25D(g) is amended--
                (A) by striking ``January 1, 2021'' in paragraph (2) and
            inserting ``January 1, 2023'', and
                (B) by striking ``after December 31, 2020, and before
            January 1, 2022'' in paragraph (3) and inserting ``after
            December 31, 2022, and before January 1, 2024''.
        (b) Qualified Biomass Fuel Property Expenditures.--
            (1) In general.--Section 25D(a) is amended by striking ``and''
        at the end of paragraph (4), by inserting ``and'' at the end of
        paragraph (5), and by inserting after paragraph (5) the following
        new paragraph:
            ``(6) the qualified biomass fuel property expenditures, and''.
            (2) Qualified biomass fuel property expenditures defined.--
        Section 25D(d) is amended by adding at the end the following new
        paragraph:
            ``(6) Qualified biomass fuel property expenditure.--
                ``(A) In general.--The term `qualified biomass fuel
            property expenditure' means an expenditure for property--
                    ``(i) which uses the burning of biomass fuel to heat a
                dwelling unit located in the United States and used as a
                residence by the taxpayer, or to heat water for use in such
                a dwelling unit, and
                    ``(ii) which has a thermal efficiency rating of at
                least 75 percent (measured by the higher heating value of
                the fuel).
                ``(B) Biomass fuel.--For purposes of this section, the term
            `biomass fuel' means any plant-derived fuel available on a
            renewable or recurring basis.''.
            (3) Denial of double benefit for biomass stoves.--
                (A) In general.--Section 25C(d)(3) is amended by adding
            ``and'' at the end of subparagraph (C), by striking ``, and''
            at the end of subparagraph (D) and inserting a period, and by
            striking subparagraph (E).
                (B) Conforming amendment.--Section 25C(d) is amended by
            striking paragraph (6).
        (c) Effective Date.--
            (1) Extension.--The amendments made by subsection (a) shall
        apply to property placed in service after December 31, 2020.
            (2) Qualified biomass fuel property expenditures.--The
        amendments made by subsection (b) shall apply to expenditures paid
        or incurred in taxable years beginning after December 31, 2020.
        SEC. 149. BLACK LUNG DISABILITY TRUST FUND EXCISE TAX.
        (a) In General.--Section 4121(e)(2)(A) is amended by striking
    ``December 31, 2020'' and inserting ``December 31, 2021''.
        (b) Effective Date.--The amendment made by this section shall apply
    to sales after December 31, 2020.

                           TITLE II--OTHER PROVISIONS

        SEC. 201. MINIMUM LOW-INCOME HOUSING TAX CREDIT RATE.
        (a) In General.--Subsection (b) of section 42 is amended--
            (1) by redesignating paragraph (3) as paragraph (4), and
            (2) by inserting after paragraph (2) the following new
        paragraph:
            ``(3) Minimum credit rate.--In the case of any new or existing
        building to which paragraph (2) does not apply and which is placed
        in service by the taxpayer after December 31, 2020, the applicable
        percentage shall not be less than 4 percent.''.
        (b) Effective Date.--The amendments made by this section shall
    apply to--
            (1) any building which receives an allocation of housing credit
        dollar amount after December 31, 2020, and
            (2) in the case of any building any portion of which is
        financed with an obligation described in section 42(h)(4)(A), any
        such building if any such obligation which so finances such
        building is issued after December 31, 2020.
        SEC. 202. DEPRECIATION OF CERTAIN RESIDENTIAL RENTAL PROPERTY OVER
          30-YEAR PERIOD.
        Section 13204(b) of Public Law 115-97 is amended--
            (1) in paragraph (1), by striking ``paragraph (2)'' and
        inserting ``paragraphs (2) and (3)'', and
            (2) by adding at the end the following:
            ``(3) Certain residential rental property.--In the case of any
        residential rental property--
                ``(A) which was placed in service before January 1, 2018,
                ``(B) which is held by an electing real property trade or
            business (as defined in section 163(j)(7)(B) of the Internal
            Revenue Code of 1986), and
                ``(C) for which subparagraph (A), (B), (C), (D), or (E) of
            section 168(g)(1) of the Internal Revenue Code of 1986 did not
            apply prior to such date,
        the amendments made by subsection (a)(3)(C) shall apply to taxable
        years beginning after December 31, 2017.''.
        SEC. 203. WASTE ENERGY RECOVERY PROPERTY ELIGIBLE FOR ENERGY
          CREDIT.
        (a) In General.--Section 48(a)(3)(A) is amended by striking ``or''
    at the end of clause (vi), by inserting ``or'' at the end of clause
    (vii), and by adding at the end the following new clause:
                    ``(viii) waste energy recovery property,''.
        (b) Application of 30 Percent Credit.--Section 48(a)(2)(A)(i) is
    amended by striking ``and'' at the end of subclause (III) and by adding
    at the end the following new subclause:

                        ``(V) waste energy recovery property, and''.

        (c) Application of Phaseout.--Section 48(a)(7) is amended--
            (1) by inserting ``waste energy recovery property,'' after
        ``qualified small wind property,'', and
            (2) by striking ``fiber-optic solar, qualified fuel cell, and
        qualified small wind'' in the heading thereof and inserting
        ``certain other''.
        (d) Definition.--Section 48(c) is amended by adding at the end the
    following new paragraphs:
            ``(5) Waste energy recovery property.--
                ``(A) In general.--The term `waste energy recovery
            property' means property that generates electricity solely from
            heat from buildings or equipment if the primary purpose of such
            building or equipment is not the generation of electricity.
                ``(B) Capacity limitation.--The term `waste energy recovery
            property' shall not include any property which has a capacity
            in excess of 50 megawatts.
                ``(C) No double benefit.--Any waste energy recovery
            property (determined without regard to this subparagraph) which
            is part of a system which is a combined heat and power system
            property shall not be treated as waste energy recovery property
            for purposes of this section unless the taxpayer elects to not
            treat such system as a combined heat and power system property
            for purposes of this section.
                ``(D) Termination.--The term `waste energy recovery
            property' shall not include any property the construction of
            which does not begin before January 1, 2024.''.
        (e) Effective Date.--The amendments made by this section shall
    apply to periods after December 31, 2020, under rules similar to the
    rules of section 48(m) as in effect on the day before the date of the
    enactment of the Revenue Reconciliation Act of 1990.
        SEC. 204. EXTENSION OF ENERGY CREDIT FOR OFFSHORE WIND FACILITIES.
        (a) In General.--Section 48(a)(5) is amended by adding at the end
    the following new subparagraph:
                ``(F) Qualified offshore wind facilities.--
                    ``(i) In general.--In the case of any qualified
                offshore wind facility--

                        ``(I) subparagraph (C)(ii) shall be applied by
                    substituting `January 1, 2026' for `January 1, 2022',
                        ``(II) subparagraph (E) shall not apply, and
                        ``(III) for purposes of this paragraph, section
                    45(d)(1) shall be applied by substituting `January 1,
                    2026'' for `January 1, 2022'.

                    ``(ii) Qualified offshore wind facility.--For purposes
                of this subparagraph, the term `qualified offshore wind
                facility' means a qualified facility (within the meaning of
                section 45) described in paragraph (1) of section 45(d)
                (determined without regard to any date by which the
                construction of the facility is required to begin) which is
                located in the inland navigable waters of the United States
                or in the coastal waters of the United States.''.
        (b) Effective Date.--The amendment made by this section shall apply
    to periods after December 31, 2016, under rules similar to the rules of
    section 48(m) of the Internal Revenue Code of 1986 (as in effect on the
    day before the date of the enactment of the Revenue Reconciliation Act
    of 1990).
        SEC. 205. MINIMUM RATE OF INTEREST FOR CERTAIN DETERMINATIONS
          RELATED TO LIFE INSURANCE CONTRACTS.
        (a) Modification of Minimum Rate for Purposes of Cash Value
    Accumulation Test.--
            (1) In general.--Section 7702(b)(2)(A) is amended by striking
        ``an annual effective rate of 4 percent'' and inserting ``the
        applicable accumulation test minimum rate''.
            (2) Applicable accumulation test minimum rate.--Section 7702(b)
        is amended by adding at the end the following new paragraph:
            ``(3) Applicable accumulation test minimum rate.--For purposes
        of paragraph (2)(A), the term `applicable accumulation test minimum
        rate' means the lesser of--
                ``(A) an annual effective rate of 4 percent, or
                ``(B) the insurance interest rate (as defined in subsection
            (f)(11)) in effect at the time the contract is issued.''.
        (b) Modification of Minimum Rate for Purposes of Guideline Premium
    Requirements.--
            (1) In general.--Section 7702(c)(3)(B)(iii) is amended by
        striking ``an annual effective rate of 6 percent'' and inserting
        ``the applicable guideline premium minimum rate''.
            (2) Applicable guideline premium minimum rate.--Section
        7702(c)(3) is amended by adding at the end the following new
        subparagraph:
                ``(E) Applicable guideline premium minimum rate.--For
            purposes of subparagraph (B)(iii), the term `applicable
            guideline premium minimum rate' means the applicable
            accumulation test minimum rate (as defined in subsection
            (b)(3)) plus 2 percentage points.''.
        (c) Application of Modified Minimum Rates to Determination of
    Guideline Level Premium.--Section 7702(c)(4) is amended--
            (1) by striking ``4 percent'' and inserting ``the applicable
        accumulation test minimum rate'', and
            (2) by striking ``6 percent'' and inserting ``the applicable
        guideline premium minimum rate''.
        (d) Insurance Interest Rate.--Section 7702(f) is amended by adding
    at the end the following new paragraph:
            ``(11) Insurance interest rate.--For purposes of this section--
                ``(A) In general.--The term `insurance interest rate'
            means, with respect to any contract issued in any calendar
            year, the lesser of--
                    ``(i) the section 7702 valuation interest rate for such
                calendar year (or, if such calendar year is not an
                adjustment year, the most recent adjustment year), or
                    ``(ii) the section 7702 applicable Federal interest
                rate for such calendar year (or, if such calendar year is
                not an adjustment year, the most recent adjustment year).
                ``(B) Section 7702 valuation interest rate.--The term
            `section 7702 valuation interest rate' means, with respect to
            any adjustment year, the prescribed U.S. valuation interest
            rate for life insurance with guaranteed durations of more than
            20 years (as defined in the National Association of Insurance
            Commissioners' Standard Valuation Law) as effective in the
            calendar year immediately preceding such adjustment year.
                ``(C) Section 7702 applicable federal interest rate.--The
            term `section 7702 applicable Federal interest rate' means,
            with respect to any adjustment year, the average (rounded to
            the nearest whole percentage point) of the applicable Federal
            mid-term rates (as defined in section 1274(d) but based on
            annual compounding) effective as of the beginning of each of
            the calendar months in the most recent 60-month period ending
            before the second calendar year prior to such adjustment year.
                ``(D) Adjustment year.--The term `adjustment year' means
            the calendar year following any calendar year that includes the
            effective date of a change in the prescribed U.S. valuation
            interest rate for life insurance with guaranteed durations of
            more than 20 years (as defined in the National Association of
            Insurance Commissioners' Standard Valuation Law).
                ``(E) Transition rule.--Notwithstanding subparagraph (A),
            the insurance interest rate shall be 2 percent in the case of
            any contract which is issued during the period that--
                    ``(i) begins on January 1, 2021, and
                    ``(ii) ends immediately before the beginning of the
                first adjustment year that beings after December 31,
                2021.''.
        (e) Effective Date.--The amendments made by this section shall
    apply to contracts issued after December 31, 2020.
        SEC. 206. CLARIFICATIONS AND TECHNICAL IMPROVEMENTS TO CARES ACT
          EMPLOYEE RETENTION CREDIT.
        (a) Gross Receipts of Tax-exempt Organizations.--Section
    2301(c)(2)(C) of the CARES Act is amended--
            (1) by striking ``of such Code, clauses (i) and (ii)(I)'' and
        inserting ``of such Code--
                    ``(i) clauses (i) and (ii)(I)'',
            (2) by striking the period at the end and inserting ``, and'',
        and
            (3) by adding at the end the following new clause:
                    ``(ii) any reference in this section to gross receipts
                shall be treated as a reference to gross receipts within
                the meaning of section 6033 of such Code.''.
        (b) Modification of Treatment of Health Plan Expenses.--Section
    2301(c) of the CARES Act is amended--
            (1) by striking subparagraph (C) of paragraph (3), and
            (2) in paragraph (5)--
                (A) by striking ``The term'' and inserting the following:
                ``(A) In general.--The term'', and
                (B) by adding at the end the following new subparagraph:
                ``(B) Allowance for certain health plan expenses.--
                    ``(i) In general.--Such term shall include amounts paid
                by the eligible employer to provide and maintain a group
                health plan (as defined in section 5000(b)(1) of the
                Internal Revenue Code of 1986), but only to the extent that
                such amounts are excluded from the gross income of
                employees by reason of section 106(a) of such Code.
                    ``(ii) Allocation rules.--For purposes of this section,
                amounts treated as wages under clause (i) shall be treated
                as paid with respect to any employee (and with respect to
                any period) to the extent that such amounts are properly
                allocable to such employee (and to such period) in such
                manner as the Secretary may prescribe. Except as otherwise
                provided by the Secretary, such allocation shall be treated
                as properly made if made on the basis of being pro rata
                among periods of coverage.''.
        (c) Improved Coordination Between Paycheck Protection Program and
    Employee Retention Tax Credit.--
            (1) Amendment to paycheck protection program.--Section
        7A(a)(12) of the Small Business Act, as redesignated, transferred,
        and amended by the Economic Aid to Hard-Hit Small Businesses,
        Nonprofits, and Venues Act, is amended by adding at the end the
        following: ``Such payroll costs shall not include qualified wages
        taken into account in determining the credit allowed under section
        2301 of the CARES Act or qualified wages taken into account in
        determining the credit allowed under subsection (a) or (d) of
        section 303 of the Taxpayer Certainty and Disaster Relief Act of
        2020.''.
            (2) Amendments to employee retention tax credit.--
                (A) In general.--Section 2301(g) of the CARES Act is
            amended to read as follows:
        ``(g) Election to Not Take Certain Wages Into Account.--
            ``(1) In general.--This section shall not apply to so much of
        the qualified wages paid by an eligible employer as such employer
        elects (at such time and in such manner as the Secretary may
        prescribe) to not take into account for purposes of this section.
            ``(2) Coordination with paycheck protection program.--The
        Secretary, in consultation with the Administrator of the Small
        Business Administration, shall issue guidance providing that
        payroll costs paid during the covered period shall not fail to be
        treated as qualified wages under this section by reason of an
        election under paragraph (1) to the extent that a covered loan of
        the eligible employer is not forgiven by reason of a decision under
        section 7A(g) of the Small Business Act. Terms used in the
        preceding sentence which are also used in section 7A of the Small
        Business Act shall have the same meaning as when used in such
        section.''.
                (B) Conforming amendments.--
                    (i) Section 2301 of the CARES Act is amended by
                striking subsection (j).
                    (ii) Section 2301(l) of the CARES Act is amended by
                striking paragraph (3) and by redesignating paragraphs (4)
                and (5) as paragraphs (3) and (4), respectively.
        (d) Regulations and Guidance.--Section 2301(l) of the CARES Act, as
    amended by subsection (c)(2)(B)(ii), is amended by striking ``and'' at
    the end of paragraph (3), by striking the period at the end of
    paragraph (4) and inserting ``, and'', and by adding at the end the
    following new paragraph:
            ``(5) to prevent the avoidance of the purposes of the
        limitations under this section, including through the leaseback of
        employees.''.
        (e) Effective Date.--
            (1) In general.--The amendments made by this section shall take
        effect as if included in the provisions of the CARES Act to which
        they relate.
            (2) Special rule.--
                (A) In general.--For purposes of section 2301 of the CARES
            Act, an employer who has filed a return of tax with respect to
            applicable employment taxes (as defined in section 2301(c)(1)
            of division A of such Act) before the date of the enactment of
            this Act may elect (in such manner as the Secretary of the
            Treasury (or the Secretary's delegate) shall prescribe) to
            treat any applicable amount as an amount paid in the calendar
            quarter which includes the date of the enactment of this Act.
                (B) Applicable amount.--For purposes of subparagraph (A),
            the term ``applicable amount'' means the amount of wages
            which--
                    (i) are--

                        (I) described in section 2301(c)(5)(B) of the CARES
                    Act, as added by the amendments made by subsection (b),
                    or
                        (II) permitted to be treated as qualified wages
                    under guidance issued pursuant to section 2301(g)(2) of
                    the CARES Act (as added by subsection (c)), and

                    (ii) were--

                        (I) paid in a calendar quarter beginning after
                    December 31, 2019, and before October 1, 2020, and
                        (II) not taken into account by the taxpayer in
                    calculating the credit allowed under section 2301(a) of
                    division A of such Act for such calendar quarter.

        SEC. 207. EXTENSION AND MODIFICATION OF EMPLOYEE RETENTION AND
          REHIRING TAX CREDIT.
        (a) Extension.--
            (1) In general.--Section 2301(m) of the CARES Act is amended by
        striking ``January 1, 2021'' and inserting ``July 1, 2021''.
            (2) Conforming amendment.--Section 2301(c)(2)(A)(i) of the
        CARES Act is amended by striking ``during calendar year 2020'' and
        inserting ``during the calendar quarter for which the credit is
        determined under subsection (a)''.
        (b) Increase in Credit Percentage.--Section 2301(a) of the CARES
    Act is amended by striking ``50 percent'' and inserting ``70 percent''.
        (c) Increase in Per Employee Limitation.--Section 2301(b)(1) of the
    CARES Act is amended by striking ``for all calendar quarters shall not
    exceed $10,000'' and inserting ``for any calendar quarter shall not
    exceed $10,000''.
        (d) Modifications to Definition of Eligible Employer.--
            (1) Decrease in reduction in gross receipts necessary to
        qualify as eligible employer.--
                (A) In general.--Section 2301(c)(2)(A)(ii)(II) of the CARES
            Act is amended to read as follows:

                        ``(II) the gross receipts (within the meaning of
                    section 448(c) of the Internal Revenue Code of 1986) of
                    such employer for such calendar quarter are less than
                    80 percent of the gross receipts of such employer for
                    the same calendar quarter in calendar year 2019.''.

                (B) Application to employers not in existence in 2019.--
            Section 2301(c)(2)(A) of the CARES Act, as amended by
            subparagraph (A), is amended by adding at the end the following
            new flush sentence:
    ``With respect to any employer for any calendar quarter, if such
    employer was not in existence as of the beginning of the same calendar
    quarter in calendar year 2019, clause (ii)(II) shall be applied by
    substituting `2020' for `2019'.''.
            (2) Election to determine gross receipts test based on prior
        quarter.--
                (A) In general.--Subparagraph (B) of section 2301(c)(2) of
            the CARES Act is amended to read as follows:
                ``(B) Election to use alternative quarter.--At the election
            of the employer--
                    ``(i) subparagraph (A)(ii)(II) shall be applied--

                        ``(I) by substituting `for the immediately
                    preceding calendar quarter' for `for such calendar
                    quarter', and
                        ``(II) by substituting `the corresponding calendar
                    quarter in calendar year 2019' for `the same calendar
                    quarter in calendar year 2019', and

                    ``(ii) the last sentence of subparagraph (A) shall be
                applied by substituting `the corresponding calendar quarter
                in calendar year 2019' for `the same calendar quarter in
                calendar year 2019'.
            An election under this subparagraph shall be made at such time
            and in such manner as the Secretary shall prescribe.''.
                (B) Conforming amendment.--Section 2301(l) of the CARES
            Act, as amended by section 206, is amended by inserting ``and''
            at the end of paragraph (3), by striking paragraph (4), and by
            redesignating paragraph (5) as paragraph (4).
            (3) Application to certain governmental employers.--
                (A) In general.--Section 2301(f) of the CARES Act is
            amended--
                    (i) by striking ``This'' and inserting the following:
            ``(1) In general.--This'', and
                    (ii) by adding at the end the following new paragraph:
            ``(2) Exception.--Paragraph (1) shall not apply to--
                ``(A) any organization described in section 501(c)(1) of
            the Internal Revenue Code of 1986 and exempt from tax under
            section 501(a) of such Code, or
                ``(B) any entity described in paragraph (1) if --
                    ``(i) such entity is a college or university, or
                    ``(ii) the principal purpose or function of such entity
                is providing medical or hospital care.
            In the case of any entity described in subparagraph (B), such
            entity shall be treated as satisfying the requirements of
            subsection (c)(2)(A)(i).''.
                (B) Conforming amendment.--Section 2301(c)(5)(A) of the
            CARES Act, as amended by section 206(b)(2), is amended by
            adding at the end the following new sentence: ``For purposes of
            the preceding sentence, in the case of any organization or
            entity described in subsection (f)(2), wages as defined in
            section 3121(a) of the Internal Revenue Code of 1986 shall be
            determined without regard to paragraphs (5), (6), (7), (10),
            and (13) of section 3121(b) of such Code (except with respect
            to services performed in a penal institution by an inmate
            thereof).''.
        (e) Modification of Determination of Qualified Wages.--
            (1) Modification of threshold for treatment as a large
        employer.--Section 2301(c)(3)(A) of the CARES Act is amended by
        striking ``100'' each place it appears in clauses (i) and (ii) and
        inserting ``500''.
            (2) Elimination of limitation.--Section 2301(c)(3) of the CARES
        Act is amended--
                (A) by striking subparagraph (B), and
                (B) by striking ``Such term'' in the second sentence of
            subparagraph (A) and inserting the following:
                ``(B) Exception.--The term `qualified wages'''.
        (f) Denial of Double Benefit.--Section 2301(h) of the CARES Act is
    amended--
            (1) by striking paragraphs (1) and (2) and inserting the
        following:
            ``(1) Denial of double benefit.--Any wages taken into account
        in determining the credit allowed under this section shall not be
        taken into account as wages for purposes of sections 41, 45A, 45P,
        45S, 51, and 1396 of the Internal Revenue Code of 1986.''.
            (2) by redesignating paragraph (3) as paragraph (2).
        (g) Advance Payments.--
            (1) In general.--Section 2301 of the CARES Act, as amended by
        section 206(c)(2)(B)(i), is amended by inserting after subsection
        (i) the following new subsection:
        ``(j) Advance Payments.--
            ``(1) In general.--Except as provided in paragraph (2), no
        advance payment of the credit under subsection (a) shall be
        allowed.
            ``(2) Advance payments to small employers.--
                ``(A) In general.--Under rules provided by the Secretary,
            an eligible employer for which the average number of full-time
            employees (within the meaning of section 4980H of the Internal
            Revenue Code of 1986) employed by such eligible employer during
            2019 was not greater than 500 may elect for any calendar
            quarter to receive an advance payment of the credit under
            subsection (a) for such quarter in an amount not to exceed 70
            percent of the average quarterly wages paid by the employer in
            calendar year 2019.
                ``(B) Special rule for seasonal employers.--In the case of
            any employer who employs seasonal workers (as defined in
            section 45R(d)(5)(B) of the Internal Revenue Code of 1986), the
            employer may elect to substitute `the wages for the calendar
            quarter in 2019 which corresponds to the calendar quarter to
            which the election relates' for `the average quarterly wages
            paid by the employer in calendar year 2019'.
                ``(C) Special rule for employers not in existence in
            2019.--In the case of any employer that was not in existence in
            2019, subparagraphs (A) and (B) shall each be applied by
            substituting `2020' for `2019' each place it appears.
            ``(3) Reconciliation of credit with advance payments.--
                ``(A) In general.--The amount of credit which would (but
            for this subsection) be allowed under this section shall be
            reduced (but not below zero) by the aggregate payment allowed
            to the taxpayer under paragraph (2). Any failure to so reduce
            the credit shall be treated as arising out of a mathematical or
            clerical error and assessed according to section 6213(b)(1) of
            the Internal Revenue Code of 1986.
                ``(B) Excess advance payments.--If the advance payments to
            a taxpayer under paragraph (2) for a calendar quarter exceed
            the credit allowed by this section (determined without regard
            to subparagraph (A)), the tax imposed by chapter 21 or 22 of
            the Internal Revenue Code of 1986 (whichever is applicable) for
            the calendar quarter shall be increased by the amount of such
            excess.''.
            (2) Conforming amendments.--Section 2301(l) of the CARES Act,
        as amended by section 206 and subsection (d)(2)(B), is amended--
                (A) by inserting ``as provided in subsection (j)(2)'' after
            ``subsection (a)'' in paragraph (1),
                (B) by striking paragraph (2), and
                (C) by redesignating paragraphs (3) and (4) as paragraphs
            (2) and (3), respectively.
        (h) Third-party Payors.--Section 2301(l) of the CARES Act, as
    amended by section 206 and subsections (d)(2)(B) and (g)(2), is amended
    by adding at the end the following flush sentence:
    ``Any forms, instructions, regulations, or guidance described in
    paragraph (2) shall require the customer to be responsible for the
    accounting of the credit and for any liability for improperly claimed
    credits and shall require the certified professional employer
    organization or other third party payor to accurately report such tax
    credits based on the information provided by the customer.''.
        (i) Public Awareness Campaign.--Section 2301 of the CARES Act is
    amended by adding at the end the following new subsection:
        ``(n) Public Awareness Campaign.--
            ``(1) In general.--The Secretary shall conduct a public
        awareness campaign, in coordination with the Administrator of the
        Small Business Administration, to provide information regarding the
        availability of the credit allowed under this section.
            ``(2) Outreach.--Under the campaign conducted under paragraph
        (1), the Secretary shall--
                ``(A) provide to all employers which reported not more than
            500 employees on the most recently filed return of applicable
            employment taxes a notice about the credit allowed under this
            section and the requirements for eligibility to claim the
            credit, and
                ``(B) not later than 30 days after the date of the
            enactment of this subsection, provide to all employers
            educational materials relating to the credit allowed under this
            section, including specific materials for businesses with not
            more than 500 employees.''.
        (j) Coordination With Certain Payroll Protection Program Loans.--
    Section 2301(g)(2) of the CARES Act, as added by section 206(c)(2)(A),
    is amended by striking ``section 7A(g) of the Small Business Act'' and
    all that follows and inserting ``section 7A(g) of the Small Business
    Act or the application of section 7(a)(37)(J) of the Small Business
    Act. Terms used in the preceding sentence which are also used in
    section 7A(g) or 7(a)(37)(J) of the Small Business Act shall, when
    applied in connection with either such section, have the same meaning
    as when used in such section, respectively.''.
        (k) Effective Date.--The amendments made by this section shall
    apply to calendar quarters beginning after December 31, 2020.
        SEC. 208. MINIMUM AGE FOR DISTRIBUTIONS DURING WORKING RETIREMENT.
        (a) In General.--Paragraph (36) of section 401(a) is amended to
    read as follows:
            ``(36) Distributions during working retirement.--
                ``(A) In general.--A trust forming part of a pension plan
            shall not be treated as failing to constitute a qualified trust
            under this section solely because the plan provides that a
            distribution may be made from such trust to an employee who has
            attained age 59\1/2\ and who is not separated from employment
            at the time of such distribution.
                ``(B) Certain employees in the building and construction
            industry.--Subparagraph (A) shall be applied by substituting
            `age 55' for `age 59\1/2\' in the case of a multiemployer plan
            described in section 4203(b)(1)(B)(i) of the Employee
            Retirement Income Security Act of 1974, with respect to
            individuals who were participants in such plan on or before
            April 30, 2013, if--
                    ``(i) the trust to which subparagraph (A) applies was
                in existence before January 1, 1970, and
                    ``(ii) before December 31, 2011, at a time when the
                plan provided that distributions may be made to an employee
                who has attained age 55 and who is not separated from
                employment at the time of such distribution, the plan
                received at least 1 written determination from the Internal
                Revenue Service that the trust to which subparagraph (A)
                applies constituted a qualified trust under this
                section.''.
        (b) Effective Date.--The amendment made by this section shall apply
    to distributions made before, on, or after the date of the enactment of
    this Act.
        SEC. 209. TEMPORARY RULE PREVENTING PARTIAL PLAN TERMINATION.
        A plan shall not be treated as having a partial termination (within
    the meaning of 411(d)(3) of the Internal Revenue Code of 1986) during
    any plan year which includes the period beginning on March 13, 2020,
    and ending on March 31, 2021, if the number of active participants
    covered by the plan on March 31, 2021 is at least 80 percent of the
    number of active participants covered by the plan on March 13, 2020.
        SEC. 210. TEMPORARY ALLOWANCE OF FULL DEDUCTION FOR BUSINESS MEALS.
        (a) In General.--Section 274(n)(2) of the Internal Revenue Code of
    1986 is amended by striking ``or'' at the end of subparagraph (B), by
    striking the period at the end of subparagraph (C)(iv) and inserting
    ``, or'', and by inserting after subparagraph (C) the following new
    subparagraph:
                ``(D) such expense is--
                    ``(i) for food or beverages provided by a restaurant,
                and
                    ``(ii) paid or incurred before January 1, 2023.''.
        (b) Effective Date.--The amendments made by this section shall
    apply to amounts paid or incurred after December 31, 2020.
        SEC. 211. TEMPORARY SPECIAL RULE FOR DETERMINATION OF EARNED
          INCOME.
        (a) In General.--If the earned income of the taxpayer for the
    taxpayer's first taxable year beginning in 2020 is less than the earned
    income of the taxpayer for the preceding taxable year, the credits
    allowed under sections 24(d) and 32 of the Internal Revenue Code of
    1986 may, at the election of the taxpayer, be determined by
    substituting--
            (1) such earned income for the preceding taxable year, for
            (2) such earned income for the taxpayer's first taxable year
        beginning in 2020.
        (b) Earned Income.--
            (1) In general.--For purposes of this section, the term
        ``earned income'' has the meaning given such term under section
        32(c) of the Internal Revenue Code of 1986.
            (2) Application to joint returns.--For purposes of subsection
        (a), in the case of a joint return, the earned income of the
        taxpayer for the preceding taxable year shall be the sum of the
        earned income of each spouse for such preceding taxable year.
        (c) Special Rules.--
            (1) Errors treated as mathematical error.--For purposes of
        section 6213 of the Internal Revenue Code of 1986, an incorrect use
        on a return of earned income pursuant to subsection (a) shall be
        treated as a mathematical or clerical error.
            (2) No effect on determination of gross income, etc.--Except as
        otherwise provided in this section, the Internal Revenue Code of
        1986 shall be applied without regard to any substitution under
        subsection (a).
        SEC. 212. CERTAIN CHARITABLE CONTRIBUTIONS DEDUCTIBLE BY NON-
          ITEMIZERS.
        (a) In General.--Section 170 is amended by redesignating subsection
    (p) as subsection (q) and by inserting after subsection (o) the
    following new subsection:
        ``(p) Special Rule for Taxpayers Who Do Not Elect to Itemize
    Deductions.--In the case of any taxable year beginning in 2021, if the
    individual does not elect to itemize deductions for such taxable year,
    the deduction under this section shall be equal to the deduction, not
    in excess of $300 ( $600 in the case of a joint return), which would be
    determined under this section if the only charitable contributions
    taken into account in determining such deduction were contributions
    made in cash during such taxable year (determined without regard to
    subsections (b)(1)(G)(ii) and (d)(1)) to an organization described in
    section 170(b)(1)(A) and not--
            ``(1) to an organization described in section 509(a)(3), or
            ``(2) for the establishment of a new, or maintenance of an
        existing, donor advised fund (as defined in section 4966(d)(2)).''.
        (b) Penalty for Underpayments Attributable to Overstated
    Deduction.--
            (1) In general.--Section 6662(b) is amended by inserting after
        paragraph (8) the following:
            ``(9) Any overstatement of the deduction provided in section
        170(p).''.
            (2) Increased penalty.--Section 6662 is amended by adding at
        the end the following new subsection:
        ``(l) Increase in Penalty in Case of Overstatement of Qualified
    Charitable Contributions.--In the case of any portion of an
    underpayment which is attributable to one or more overstatements of the
    deduction provided in section 170(p), subsection (a) shall be applied
    with respect to such portion by substituting `50 percent' for `20
    percent'.''.
            (3) Exception to approval of assessment.--Section 6751(b)(2)(A)
        is amended by striking ``or 6655'' and inserting ``6655, or 6662
        (but only with respect to an addition to tax by reason of
        subsection (b)(9) thereof)''.
        (b) Conforming Amendments.--
            (1) Section 63(b) is amended by striking ``and'' at the end of
        paragraph (2), by striking the period at the end of paragraph (3)
        and inserting ``, and'', and by adding at the end the following new
        paragraph:
            ``(4) the deduction provided in section 170(p).''.
            (2) Section 63(d) is amended by adding ``and'' at the end of
        paragraph (1), by striking paragraphs (2) and (3), and by inserting
        after paragraph (1) the following new paragraph:
            ``(2) any deduction referred to in any paragraph of subsection
        (b).''.
        (c) Repeal of Superseded Provisions.--
            (1) In general.--Section 62(a) is amended by striking paragraph
        (22).
            (2) Conforming amendment.--Section 62 is amended by striking
        subsection (f).
        (d) Effective Date.--The amendments made by this section shall
    apply to taxable years beginning after December 31, 2020.
        SEC. 213. MODIFICATION OF LIMITATIONS ON CHARITABLE CONTRIBUTIONS.
        (a) In General.--Subsections (a)(3)(A)(i) and (b) of section 2205
    of the CARES Act are each amended by inserting ``or 2021'' after
    ``2020''.
        (b) Conforming Amendment.--The heading of section 2205 of the CARES
    Act is amended by striking ``modification of limitations on charitable
    contributions during 2020'' and inserting ``temporary modification of
    limitations on charitable contributions''.
        (c) Effective Date.--The amendments made by this section shall
    apply to contributions made after December 31, 2020.
        SEC. 214. TEMPORARY SPECIAL RULES FOR HEALTH AND DEPENDENT CARE
          FLEXIBLE SPENDING ARRANGEMENTS.
        (a) Carryover From 2020 Plan Year.--For plan years ending in 2020,
    a plan that includes a health flexible spending arrangement or
    dependent care flexible spending arrangement shall not fail to be
    treated as a cafeteria plan under the Internal Revenue Code of 1986
    merely because such plan or arrangement permits participants to carry
    over (under rules similar to the rules applicable to health flexible
    spending arrangements) any unused benefits or contributions remaining
    in any such flexible spending arrangement from such plan year to the
    plan year ending in 2021.
        (b) Carryover From 2021 Plan Year.--For plan years ending in 2021,
    a plan that includes a health flexible spending arrangement or
    dependent care flexible spending arrangement shall not fail to be
    treated as a cafeteria plan under the Internal Revenue Code of 1986
    merely because such plan or arrangement permits participants to carry
    over (under rules similar to the rules applicable to health flexible
    spending arrangements) any unused benefits or contributions remaining
    in any such flexible spending arrangement from such plan year to the
    plan year ending in 2022.
        (c) Extension of Grace Periods, etc.--
            (1) In general.--A plan that includes a health flexible
        spending arrangement or dependent care flexible spending
        arrangement shall not fail to be treated as a cafeteria plan under
        the Internal Revenue Code of 1986 merely because such plan or
        arrangement extends the grace period for a plan year ending in 2020
        or 2021 to 12 months after the end of such plan year, with respect
        to unused benefits or contributions remaining in a health flexible
        spending arrangement or a dependent care flexible spending
        arrangement.
            (2) Post-termination reimbursements from health FSAs.--A plan
        that includes a health flexible spending arrangement shall not fail
        to be treated as a cafeteria plan under the Internal Revenue Code
        of 1986 merely because such plan or arrangement allows (under rules
        similar to the rules applicable to dependent care flexible spending
        arrangements) an employee who ceases participation in the plan
        during calendar year 2020 or 2021 to continue to receive
        reimbursements from unused benefits or contributions through the
        end of the plan year in which such participation ceased (including
        any grace period, taking into account any modification of a grace
        period permitted under paragraph (1)).
        (d) Special Carry Forward Rule for Dependent Care Flexible Spending
    Arrangements Where Dependent Aged Out During Pandemic.--
            (1) In general.--In the case of any eligible employee, section
        21(b)(1)(A) of the Internal Revenue Code of 1986 shall be applied
        by substituting ``age 14'' for ``age 13'' for purposes of
        determining the dependent care assistance which may be paid or
        reimbursed with respect to such employee under the dependent care
        flexible spending arrangement referred to in paragraph (3)(A) with
        respect to such employee during--
                (A) the plan year described in paragraph (3)(A), and
                (B) in the case of an employee described in paragraph
            (3)(B)(ii), the subsequent plan year.
            (2) Application to subsequent plan year limited to unused
        balance from preceding plan year.--Paragraph (1)(B) shall only
        apply to so much of the amounts paid for dependent care assistance
        with respect to the dependents referred to in paragraph (3)(B) as
        does not exceed the unused balance described in paragraph
        (3)(B)(ii).
            (3) Eligible employee.--For purposes of this section, the term
        ``eligible employee'' means any employee who--
                (A) is enrolled in a dependent care flexible spending
            arrangement for the last plan year with respect to which the
            end of the regular enrollment period for such plan year was on
            or before January 31, 2020, and
                (B) has one or more dependents (as defined in section
            152(a)(1) of the Internal Revenue Code of 1986) who attain the
            age of 13--
                    (i) during such plan year, or
                    (ii) in the case of an employee who (after the
                application of this section) has an unused balance in the
                employee's account under such arrangement for such plan
                year (determined as of the close of the last day on which,
                under the terms of the plan, claims for reimbursement may
                be made with respect to such plan year), the subsequent
                plan year.
        (e) Change in Election Amount.--For plan years ending in 2021, a
    plan that includes a health flexible spending arrangement or dependent
    care flexible spending arrangement shall not fail to be treated as a
    cafeteria plan under the Internal Revenue Code of 1986 merely because
    such plan or arrangement allows an employee to make an election to
    modify prospectively the amount (but not in excess of any applicable
    dollar limitation) of such employee's contributions to any such
    flexible spending arrangement (without regard to any change in status).
        (f) Definitions.--Any term used in this section which is also used
    in section 106, 125, or 129 of the Internal Revenue Code of 1986, or
    the regulations or guidance thereunder, shall have the same meaning as
    when used in such section, regulations, or guidance.
        (g) Plan Amendments.--A plan that includes a health flexible
    spending arrangement or dependent care flexible spending arrangement
    shall not fail to be treated as a cafeteria plan under the Internal
    Revenue Code of 1986 merely because such plan or arrangement is amended
    pursuant to a provision under this section and such amendment is
    retroactive, if--
            (1) such amendment is adopted not later than the last day of
        the first calendar year beginning after the end of the plan year in
        which the amendment is effective, and
            (2) the plan or arrangement is operated consistent with the
        terms of such amendment during the period beginning on the
        effective date of the amendment and ending on the date the
        amendment is adopted.

                         TITLE III--DISASTER TAX RELIEF

        SEC. 301. DEFINITIONS.
        For purposes of this title--
            (1) Qualified disaster area.--
                (A) In general.--The term ``qualified disaster area'' means
            any area with respect to which a major disaster was declared,
            during the period beginning on January 1, 2020, and ending on
            the date which is 60 days after the date of the enactment of
            this Act, by the President under section 401 of the Robert T.
            Stafford Disaster Relief and Emergency Assistance Act if the
            incident period of the disaster with respect to which such
            declaration is made begins on or after December 28, 2019, and
            on or before the date of the enactment of this Act.
                (B) COVID-19 exception.--Such term shall not include any
            area with respect to which such a major disaster has been so
            declared only by reason of COVID-19.
            (2) Qualified disaster zone.--The term ``qualified disaster
        zone'' means that portion of any qualified disaster area which was
        determined by the President, during the period beginning on January
        1, 2020, and ending on the date which is 60 days after the date of
        the enactment of this Act, to warrant individual or individual and
        public assistance from the Federal Government under the Robert T.
        Stafford Disaster Relief and Emergency Assistance Act by reason of
        the qualified disaster with respect to such disaster area.
            (3) Qualified disaster.--The term ``qualified disaster'' means,
        with respect to any qualified disaster area, the disaster by reason
        of which a major disaster was declared with respect to such area.
            (4) Incident period.--The term ``incident period'' means, with
        respect to any qualified disaster, the period specified by the
        Federal Emergency Management Agency as the period during which such
        disaster occurred (except that for purposes of this title such
        period shall not be treated as ending after the date which is 30
        days after the date of the enactment of this Act).
        SEC. 302. SPECIAL DISASTER-RELATED RULES FOR USE OF RETIREMENT
          FUNDS.
        (a) Tax-favored Withdrawals From Retirement Plans.--
            (1) In general.--Section 72(t) of the Internal Revenue Code of
        1986 shall not apply to any qualified disaster distribution.
            (2) Aggregate dollar limitation.--
                (A) In general.--For purposes of this subsection, the
            aggregate amount of distributions received by an individual
            which may be treated as qualified disaster distributions for
            any taxable year shall not exceed the excess (if any) of--
                    (i) $100,000, over
                    (ii) the aggregate amounts treated as qualified
                disaster distributions received by such individual for all
                prior taxable years.
                (B) Treatment of plan distributions.--If a distribution to
            an individual would (without regard to subparagraph (A)) be a
            qualified disaster distribution, a plan shall not be treated as
            violating any requirement of the Internal Revenue Code of 1986
            merely because the plan treats such distribution as a qualified
            disaster distribution, unless the aggregate amount of such
            distributions from all plans maintained by the employer (and
            any member of any controlled group which includes the employer)
            to such individual exceeds $100,000.
                (C) Controlled group.--For purposes of subparagraph (B),
            the term ``controlled group'' means any group treated as a
            single employer under subsection (b), (c), (m), or (o) of
            section 414 of the Internal Revenue Code of 1986.
                (D) Special rule for individuals affected by more than one
            disaster.--The limitation of subparagraph (A) shall be applied
            separately with respect to distributions made with respect to
            each qualified disaster.
            (3) Amount distributed may be repaid.--
                (A) In general.--Any individual who receives a qualified
            disaster distribution may, at any time during the 3-year period
            beginning on the day after the date on which such distribution
            was received, make 1 or more contributions in an aggregate
            amount not to exceed the amount of such distribution to an
            eligible retirement plan of which such individual is a
            beneficiary and to which a rollover contribution of such
            distribution could be made under section 402(c), 403(a)(4),
            403(b)(8), 408(d)(3), or 457(e)(16), of the Internal Revenue
            Code of 1986, as the case may be.
                (B) Treatment of repayments of distributions from eligible
            retirement plans other than iras.--For purposes of the Internal
            Revenue Code of 1986, if a contribution is made pursuant to
            subparagraph (A) with respect to a qualified disaster
            distribution from an eligible retirement plan other than an
            individual retirement plan, then the taxpayer shall, to the
            extent of the amount of the contribution, be treated as having
            received the qualified disaster distribution in an eligible
            rollover distribution (as defined in section 402(c)(4) of such
            Code) and as having transferred the amount to the eligible
            retirement plan in a direct trustee to trustee transfer within
            60 days of the distribution.
                (C) Treatment of repayments of distributions from iras.--
            For purposes of the Internal Revenue Code of 1986, if a
            contribution is made pursuant to subparagraph (A) with respect
            to a qualified disaster distribution from an individual
            retirement plan (as defined by section 7701(a)(37) of such
            Code), then, to the extent of the amount of the contribution,
            the qualified disaster distribution shall be treated as a
            distribution described in section 408(d)(3) of such Code and as
            having been transferred to the eligible retirement plan in a
            direct trustee to trustee transfer within 60 days of the
            distribution.
            (4) Definitions.--For purposes of this subsection--
                (A) Qualified disaster distribution.--Except as provided in
            paragraph (2), the term ``qualified disaster distribution''
            means any distribution from an eligible retirement plan made--
                    (i) on or after the first day of the incident period of
                a qualified disaster and before the date which is 180 days
                after the date of the enactment of this Act, and
                    (ii) to an individual whose principal place of abode at
                any time during the incident period of such qualified
                disaster is located in the qualified disaster area with
                respect to such qualified disaster and who has sustained an
                economic loss by reason of such qualified disaster.
                (B) Eligible retirement plan.--The term ``eligible
            retirement plan'' shall have the meaning given such term by
            section 402(c)(8)(B) of the Internal Revenue Code of 1986.
            (5) Income inclusion spread over 3-year period.--
                (A) In general.--In the case of any qualified disaster
            distribution, unless the taxpayer elects not to have this
            paragraph apply for any taxable year, any amount required to be
            included in gross income for such taxable year shall be so
            included ratably over the 3-taxable-year period beginning with
            such taxable year.
                (B) Special rule.--For purposes of subparagraph (A), rules
            similar to the rules of subparagraph (E) of section 408A(d)(3)
            of the Internal Revenue Code of 1986 shall apply.
            (6) Special rules.--
                (A) Exemption of distributions from trustee to trustee
            transfer and withholding rules.--For purposes of sections
            401(a)(31), 402(f), and 3405 of the Internal Revenue Code of
            1986, qualified disaster distributions shall not be treated as
            eligible rollover distributions.
                (B) Qualified disaster distributions treated as meeting
            plan distribution requirements.--For purposes of the Internal
            Revenue Code of 1986, a qualified disaster distribution shall
            be treated as meeting the requirements of sections
            401(k)(2)(B)(i), 403(b)(7)(A)(i), 403(b)(11), and 457(d)(1)(A)
            of such Code and section 8433(h)(1) of title 5, United States
            Code, and, in the case of a money purchase pension plan, a
            qualified disaster distribution which is an in-service
            withdrawal shall be treated as meeting the distribution rules
            of section 401(a) of such Code.
        (b) Recontributions of Withdrawals for Home Purchases.--
            (1) Recontributions.--
                (A) In general.--Any individual who received a qualified
            distribution may, during the applicable period, make 1 or more
            contributions in an aggregate amount not to exceed the amount
            of such qualified distribution to an eligible retirement plan
            (as defined in section 402(c)(8)(B) of the Internal Revenue
            Code of 1986) of which such individual is a beneficiary and to
            which a rollover contribution of such distribution could be
            made under section 402(c), 403(a)(4), 403(b)(8), or 408(d)(3),
            of such Code, as the case may be.
                (B) Treatment of repayments.--Rules similar to the rules of
            subparagraphs (B) and (C) of subsection (a)(3) shall apply for
            purposes of this subsection.
            (2) Qualified distribution.--For purposes of this subsection,
        the term ``qualified distribution'' means any distribution--
                (A) described in section 401(k)(2)(B)(i)(IV),
            403(b)(7)(A)(i)(V), 403(b)(11)(B), or 72(t)(2)(F), of the
            Internal Revenue Code of 1986,
                (B) which was to be used to purchase or construct a
            principal residence in a qualified disaster area, but which was
            not so used on account of the qualified disaster with respect
            to such area, and
                (C) which was received during the period beginning on the
            date which is 180 days before the first day of the incident
            period of such qualified disaster and ending on the date which
            is 30 days after the last day of such incident period.
            (3) Applicable period.--For purposes of this subsection, the
        term ``applicable period'' means, in the case of a principal
        residence in a qualified disaster area with respect to any
        qualified disaster, the period beginning on the first day of the
        incident period of such qualified disaster and ending on the date
        which is 180 days after the date of the enactment of this Act.
        (c) Loans From Qualified Plans.--
            (1) Increase in limit on loans not treated as distributions.--
        In the case of any loan from a qualified employer plan (as defined
        under section 72(p)(4) of the Internal Revenue Code of 1986) to a
        qualified individual made during the 180-day period beginning on
        the date of the enactment of this Act--
                (A) clause (i) of section 72(p)(2)(A) of such Code shall be
            applied by substituting `` $100,000'' for `` $50,000'', and
                (B) clause (ii) of such section shall be applied by
            substituting ``the present value of the nonforfeitable accrued
            benefit of the employee under the plan'' for ``one-half of the
            present value of the nonforfeitable accrued benefit of the
            employee under the plan''.
            (2) Delay of repayment.--In the case of a qualified individual
        (with respect to any qualified disaster) with an outstanding loan
        (on or after the first day of the incident period of such qualified
        disaster) from a qualified employer plan (as defined in section
        72(p)(4) of the Internal Revenue Code of 1986)--
                (A) if the due date pursuant to subparagraph (B) or (C) of
            section 72(p)(2) of such Code for any repayment with respect to
            such loan occurs during the period beginning on the first day
            of the incident period of such qualified disaster and ending on
            the date which is 180 days after the last day of such incident
            period, such due date shall be delayed for 1 year (or, if
            later, until the date which is 180 days after the date of the
            enactment of this Act),
                (B) any subsequent repayments with respect to any such loan
            shall be appropriately adjusted to reflect the delay in the due
            date under subparagraph (A) and any interest accruing during
            such delay, and
                (C) in determining the 5-year period and the term of a loan
            under subparagraph (B) or (C) of section 72(p)(2) of such Code,
            the period described in subparagraph (A) of this paragraph
            shall be disregarded.
            (3) Qualified individual.--For purposes of this subsection, the
        term ``qualified individual'' means any individual--
                (A) whose principal place of abode at any time during the
            incident period of any qualified disaster is located in the
            qualified disaster area with respect to such qualified
            disaster, and
                (B) who has sustained an economic loss by reason of such
            qualified disaster.
        (d) Provisions Relating to Plan Amendments.--
            (1) In general.--If this subsection applies to any amendment to
        any plan or annuity contract, such plan or contract shall be
        treated as being operated in accordance with the terms of the plan
        during the period described in paragraph (2)(B)(i).
            (2) Amendments to which subsection applies.--
                (A) In general.--This subsection shall apply to any
            amendment to any plan or annuity contract which is made--
                    (i) pursuant to any provision of this section, or
                pursuant to any regulation issued by the Secretary or the
                Secretary of Labor under any provision of this section, and
                    (ii) on or before the last day of the first plan year
                beginning on or after January 1, 2022, or such later date
                as the Secretary may prescribe.
            In the case of a governmental plan (as defined in section
            414(d) of the Internal Revenue Code of 1986), clause (ii) shall
            be applied by substituting the date which is 2 years after the
            date otherwise applied under clause (ii).
                (B) Conditions.--This subsection shall not apply to any
            amendment unless--
                    (i) during the period--

                        (I) beginning on the date that this section or the
                    regulation described in subparagraph (A)(i) takes
                    effect (or in the case of a plan or contract amendment
                    not required by this section or such regulation, the
                    effective date specified by the plan), and
                        (II) ending on the date described in subparagraph
                    (A)(ii) (or, if earlier, the date the plan or contract
                    amendment is adopted),

            the plan or contract is operated as if such plan or contract
            amendment were in effect, and
                    (ii) such plan or contract amendment applies
                retroactively for such period.
        SEC. 303. EMPLOYEE RETENTION CREDIT FOR EMPLOYERS AFFECTED BY
          QUALIFIED DISASTERS.
        (a) In General.--For purposes of section 38 of the Internal Revenue
    Code of 1986, in the case of an eligible employer, the 2020 qualified
    disaster employee retention credit shall be treated as a credit listed
    at the end of subsection (b) of such section. For purposes of this
    subsection, the 2020 qualified disaster employee retention credit for
    any taxable year is an amount equal to 40 percent of the qualified
    wages with respect to each eligible employee of such employer for such
    taxable year. The amount of qualified wages with respect to any
    employee which may be taken into account under this subsection by the
    employer for any taxable year shall not exceed $6,000 (reduced by the
    amount of qualified wages with respect to such employee taken into
    account for any prior taxable year).
        (b) Definitions.--For purposes of this section--
            (1) Eligible employer.--The term ``eligible employer'' means
        any employer--
                (A) which conducted an active trade or business in a
            qualified disaster zone at any time during the incident period
            of the qualified disaster with respect to such qualified
            disaster zone, and
                (B) with respect to whom the trade or business described in
            subparagraph (A) is inoperable at any time during the period
            beginning on the first day of the incident period of such
            qualified disaster and ending on the date of the enactment of
            this Act, as a result of damage sustained by reason of such
            qualified disaster.
            (2) Eligible employee.--The term ``eligible employee'' means
        with respect to an eligible employer an employee whose principal
        place of employment with such eligible employer (determined
        immediately before the qualified disaster referred to in paragraph
        (1)) was in the qualified disaster zone referred to in such
        paragraph.
            (3) Qualified wages.--The term ``qualified wages'' means wages
        (as defined in section 51(c)(1) of the Internal Revenue Code of
        1986, but without regard to section 3306(b)(2)(B) of such Code)
        paid or incurred by an eligible employer with respect to an
        eligible employee at any time on or after the date on which the
        trade or business described in paragraph (1) first became
        inoperable at the principal place of employment of the employee
        (determined immediately before the qualified disaster referred to
        in such paragraph) and before the earlier of--
                (A) the date on which such trade or business has resumed
            significant operations at such principal place of employment,
            or
                (B) the date which is 150 days after the last day of the
            incident period of the qualified disaster referred to in
            paragraph (1).
        Such term shall include wages paid without regard to whether the
        employee performs no services, performs services at a different
        place of employment than such principal place of employment, or
        performs services at such principal place of employment before
        significant operations have resumed. Such term shall not include
        any wages taken into account under section 2301 of the CARES Act.
        (c) Special Rules.--
            (1) Denial of double benefit.--Any wages taken into account in
        determining any credit allowed under this section shall not be
        taken into account as wages for purposes of sections 41, 45A, 45P,
        45S, 51, and 1396 of the Internal Revenue Code of 1986.
            (2) Certain other rules to apply.--For purposes of this
        section, rules similar to the rules of sections 51(i)(1), 52, and
        280C(a) of the Internal Revenue Code of 1986 shall apply.
        (d) Payroll Tax Credit for Certain Tax-exempt Organizations.--
            (1) In general.--In the case of any qualified tax-exempt
        organization, there shall be allowed as a credit against the tax
        imposed by section 3111(a) of the Internal Revenue Code of 1986 on
        wages paid with respect to employment of all employees of the
        organization during the calendar quarter an amount equal to 40
        percent of the qualified wages paid to eligible employees of such
        organization during such calendar quarter.
            (2) Application of aggregate dollar limitation per employee.--
        The amount of qualified wages with respect to any employee which
        may be taken into account under this subsection by the employer for
        any calendar quarter shall not exceed $6,000 (reduced by the amount
        of qualified wages with respect to which credit was allowed under
        this subsection for any prior calendar quarter with respect to such
        employee).
            (3) Overall limitation.--
                (A) In general.--The aggregate amount allowed as a credit
            under this subsection for all eligible employees of any
            employer for any calendar quarter shall not exceed the amount
            of the tax imposed by section 3111(a) of the Internal Revenue
            Code of 1986 on wages paid with respect to employment of all
            employees of such employer during such calendar quarter
            (reduced by any credits allowed under subsections (e) and (f)
            of section 3111 of such Code for such quarter).
                (B) Carryforward.--If the amount of the credit under
            paragraph (1) exceeds the limitation of subparagraph (A) for
            any calendar quarter, such excess shall be carried to the
            succeeding calendar quarter and allowed as a credit under
            paragraph (1) for such quarter.
                (C) Coordination with other payroll tax credits.--
                    (i) Section 7001(b)(3) of the Families First
                Coronavirus Response Act is amended by inserting ``, and
                section 303(d) of the Taxpayer Certainty and Disaster Tax
                Relief Act of 2020,'' after ``subsections (e) and (f) of
                section 3111 of such Code''.
                    (ii) Section 7003(b)(2) of the Families First
                Coronavirus Response Act is amended by striking ``and
                section 7001 of this Act,'' and inserting ``section 7001 of
                this Act, and section 303(d) of the Taxpayer Certainty and
                Disaster Tax Relief Act of 2020,''.
                    (iii) Section 2301(b)(2) of the CARES Act is amended by
                striking ``and sections 7001 and 7003 of the Families First
                Coronavirus Response Act'' and inserting ``, sections 7001
                and 7003 of the Families First Coronavirus Response Act,
                and section 303(d) of the Taxpayer Certainty and Disaster
                Tax Relief Act of 2020''.
            (4) Definitions.--
                (A) Qualified tax-exempt organization.--For purposes of
            this subsection, the term ``qualified tax-exempt organization''
            means an organization described in section 501(c) of the
            Internal Revenue Code of 1986 and exempt from taxation under
            section 501(a) of such Code if such organization would be an
            eligible employer if the activities of such organization were
            an active trade or business.
                (B) Application of certain terms with respect to qualified
            tax-exempt organizations.--For purposes of this subsection, the
            terms ``eligible employee'' and ``qualified wages'' shall be
            applied with respect to any qualified tax-exempt organization--
                    (i) by treating the activities of such organization as
                an active trade or business, and
                    (ii) by substituting ``wages (within the meaning of
                subsection (d)(4)(C))'' for ``wages (as defined in section
                51(c)(1) of the Internal Revenue Code of 1986, but without
                regard to section 3306(b)(2)(B) of such Code)'' in
                subsection (b)(3).
                (C) Other terms.--Except as otherwise provided in this
            subsection, any term used in this subsection which is also used
            in chapter 21 or 22 of the Internal Revenue Code of 1986 shall
            have the same meaning as when used in such chapter.
            (5) Transfers to certain trust funds.--There are hereby
        appropriated to the Federal Old-Age and Survivors Insurance Trust
        Fund and the Federal Disability Insurance Trust Fund established
        under section 201 of the Social Security Act (42 U.S.C. 401) and
        the Social Security Equivalent Benefit Account established under
        section 15A(a) of the Railroad Retirement Act of 1974 (45 U.S.C.
        231n-1(a)) amounts equal to the reduction in revenues to the
        Treasury by reason of this subsection (without regard to this
        paragraph). Amounts appropriated by the preceding sentence shall be
        transferred from the general fund at such times and in such manner
        as to replicate to the extent possible the transfers which would
        have occurred to such Trust Fund or Account had this subsection not
        been enacted.
            (6) Treatment of deposits.--The Secretary shall waive any
        penalty under section 6656 of such Code for any failure to make a
        deposit of applicable employment taxes if the Secretary determines
        that such failure was due to the anticipation of the credit allowed
        under this subsection.
            (7) Third party payors.--Any credit allowed under this
        subsection shall be treated as a credit described in section
        3511(d)(2) of such Code.
            (8) Coordination with subsection (a) credit.--Any wages taken
        into account in determining the credit allowed under this
        subsection shall not be take into account as wages for purposes of
        subsection (a).
            (9) Regulations and guidance.--The Secretary shall issue such
        forms, instructions, regulations, and guidance as are necessary--
                (A) to allow the advance payment of the credit under
            paragraph (1), subject to the limitations provided in this
            subsection, based on such information as the Secretary shall
            require,
                (B) regulations or other guidance to provide for the
            reconciliation of such advance payment with the amount of the
            credit under this subsection at the time of filing the return
            of tax for the applicable quarter or taxable year,
                (C) with respect to the application of the credit under
            paragraph (1) to third party payors (including professional
            employer organizations, certified professional employer
            organizations, or agents under section 3504 of the Internal
            Revenue Code of 1986), including regulations or guidance
            allowing such payors to submit documentation necessary to
            substantiate the eligible employer status of employers that use
            such payors, and
                (D) for recapturing the benefit of credits determined under
            this subsection in cases where there is a subsequent adjustment
            to the credit determined under paragraph (1).
        (e) Election to Not Take Certain Wages Into Account.--
            (1) In general.--This section shall not apply to qualified
        wages paid by an eligible employer with respect to which such
        employer makes an election (at such time and in such manner as the
        Secretary may prescribe) to have this section not apply to such
        wages.
            (2) Coordination with paycheck protection program.--The
        Secretary, in consultation with the Administrator of the Small
        Business Administration, shall issue guidance providing that
        payroll costs paid or incurred during the covered period shall not
        fail to be treated as qualified wages under this section by reason
        of an election under paragraph (1) to the extent that a covered
        loan of the eligible employer is not forgiven by reason of a
        decision under section 7A(g) of the Small Business Act. Terms used
        in the preceding sentence which are also used in section 7A(g) of
        such Act shall have the same meaning as when used in such section.
        (f) Certain Governmental Employers.--
            (1) In general.--The credits under this section shall not apply
        to the Government of the United States, the government of any State
        or political subdivision thereof, or any agency or instrumentality
        of any of the foregoing.
            (2) Exception.--Paragraph (1) shall not apply to--
                (A) any organization described in section 501(c)(1) of the
            Internal Revenue Code of 1986 and exempt from tax under section
            501(a) of such Code, or
                (B) any entity described in paragraph (1) if --
                    (i) such entity is a college or university, or
                    (ii) the principal purpose or function of such entity
                is providing medical or hospital care.
            An entity described in subparagraph (B) shall be treated for
            purposes of this section in the same manner as an organization
            described in section 501(c) of the Internal Revenue Code of
            1986 and exempt from tax under section 501(a) of such Code.
        (g) Amendment to Paycheck Protection Program.--Section 7A(a)(12) of
    the Small Business Act (as redesignated, transferred, and amended by
    the Economic Aid to Hard-Hit Small Businesses, Nonprofits, and Venues
    Act and as amended by section 206(c) of this division) is amended by
    adding at the end the following: ``Such payroll costs shall not include
    qualified wages taken into account in determining the credit allowed
    under subsection (a) or (d) of section 303 of the Taxpayer Certainty
    and Disaster Tax Relief Act of 2020.''.
        SEC. 304. OTHER DISASTER-RELATED TAX RELIEF PROVISIONS.
        (a) Special Rules for Qualified Disaster Relief Contributions.--
            (1) In general.--In the case of a qualified disaster relief
        contribution made by a corporation--
                (A) section 2205(a)(2)(B) of the CARES Act shall be applied
            first to qualified contributions without regard to any
            qualified disaster relief contributions and then separately to
            such qualified disaster relief contribution, and
                (B) in applying such section to such qualified disaster
            relief contributions, clause (i) thereof shall be applied--
                    (i) by substituting ``100 percent'' for ``25 percent'',
                and
                    (ii) by treating qualified contributions other than
                qualified disaster relief contributions as contributions
                allowed under section 170(b)(2) of the Internal Revenue
                Code of 1986.
            (2) Qualified disaster relief contribution.--For purposes of
        this subsection, the term ``qualified disaster relief
        contribution'' means any qualified contribution (as defined in
        section 2205(a)(3) of the CARES Act) if--
                (A) such contribution--
                    (i) is paid, during the period beginning on January 1,
                2020, and ending on the date which is 60 days after the
                date of the enactment of this Act, and
                    (ii) is made for relief efforts in one or more
                qualified disaster areas,
                (B) the taxpayer obtains from such organization
            contemporaneous written acknowledgment (within the meaning of
            section 170(f)(8) of such Code) that such contribution was used
            (or is to be used) for relief efforts described in subparagraph
            (A)(ii), and
                (C) the taxpayer has elected the application of this
            subsection with respect to such contribution.
            (3) Cross-reference.--For the suspension of the limitation on
        qualified disaster relief contributions made by an individual
        during 2020, see section 2205(a) of the CARES Act.
        (b) Special Rules for Qualified Disaster-related Personal Casualty
    Losses.--
            (1) In general.--If an individual has a net disaster loss for
        any taxable year--
                (A) the amount determined under section 165(h)(2)(A)(ii) of
            the Internal Revenue Code of 1986 shall be equal to the sum
            of--
                    (i) such net disaster loss, and
                    (ii) so much of the excess referred to in the matter
                preceding clause (i) of section 165(h)(2)(A) of such Code
                (reduced by the amount in clause (i) of this subparagraph)
                as exceeds 10 percent of the adjusted gross income of the
                individual,
                (B) in the case of qualified disaster-related personal
            casualty losses, section 165(h)(1) of such Code shall be
            applied to by substituting `` $500'' for `` $500 ( $100 for
            taxable years beginning after December 31, 2009)'',
                (C) the standard deduction determined under section 63(c)
            of such Code shall be increased by the net disaster loss, and
                (D) section 56(b)(1)(E) of such Code shall not apply to so
            much of the standard deduction as is attributable to the
            increase under subparagraph (C) of this paragraph.
            (2) Net disaster loss.--For purposes of this subsection, the
        term ``net disaster loss'' means the excess of qualified disaster-
        related personal casualty losses over personal casualty gains (as
        defined in section 165(h)(3)(A) of the Internal Revenue Code of
        1986).
            (3) Qualified disaster-related personal casualty losses.--For
        purposes of this subsection, the term ``qualified disaster-related
        personal casualty losses'' means losses described in section
        165(c)(3) of the Internal Revenue Code of 1986 which arise in a
        qualified disaster area on or after the first day of the incident
        period of the qualified disaster to which such area relates, and
        which are attributable to such qualified disaster.
        SEC. 305. LOW-INCOME HOUSING TAX CREDIT.
        (a) Additional Low-income Housing Credit Allocations.--
            (1) In general.--For purposes of section 42 of the Internal
        Revenue Code of 1986, the State housing credit ceiling for any
        State for each of calendar years 2021 and 2022 shall be increased
        by the aggregate housing credit dollar amount allocated by the
        State housing credit agencies of such State for such calendar year
        to buildings located in any qualified disaster zone in such State.
            (2) Limitation.--
                (A) Application of aggregate limitation.--The increase
            determined under paragraph (1) with respect to any State shall
            not exceed--
                    (i) in the case of any such increase determined for
                calendar year 2021, the applicable dollar limitation for
                such State, and
                    (ii) in the case of any such increase determined for
                calendar year 2022, the applicable dollar limitation for
                such State reduced by the amount of any increase determined
                under paragraph (1) with respect to such State for calendar
                year 2021.
                (B) Applicable dollar limitation.--For purposes of this
            paragraph, the term ``applicable dollar limitation'' means,
            with respect to any State, the lesser of--
                    (i) the product of $3.50 multiplied by the population
                of such State (as determined for calendar year 2020) which
                resides in qualified disaster zones in such State, or
                    (ii) 65 percent of the State housing credit ceiling for
                such State for calendar year 2020.
            (3) Extension of placed in service deadline for designated
        housing credit dollar amounts.--
                (A) In general.--In the case of any housing credit dollar
            amount which is allocated by a State housing credit agency of a
            State for calendar year 2021 or 2022 to a building located in a
            qualified disaster zone in such State and which is designated
            (at such time and in such manner as the Secretary may provide)
            by such State housing credit agency as housing credit dollar
            amount to which this paragraph applies, section 42(h)(1)(E) of
            the Internal Revenue Code of 1986 shall be applied--
                    (i) by substituting ``third calendar year'' for
                ``second calendar year'' both places it appears, and
                    (ii) by substituting ``2 years'' for ``1 year'' in
                clause (ii) thereof.
                (B) Application of limitation.--The aggregate amount of
            housing credit dollar amount designated under subparagraph (A)
            for any calendar year by all State housing credit agencies of a
            State shall not exceed the amount determined under paragraph
            (2)(A) with respect to such State for such calendar year.
            (4) Allocations treated as made first from additional
        allocation for purposes of determining carryover.--For purposes of
        determining the unused State housing credit ceiling for any
        calendar year under section 42(h)(3)(C) of the Internal Revenue
        Code of 1986, any increase in the State housing credit ceiling
        under paragraph (1) shall be treated as an amount described in
        clause (ii) of such section.
        SEC. 306. TREATMENT OF CERTAIN POSSESSIONS.
        (a) Payments to Possessions With Mirror Code Tax Systems.--The
    Secretary of the Treasury shall pay to each possession of the United
    States which has a mirror code tax system amounts equal to the loss (if
    any) to that possession by reason of the application of the provisions
    of this title. Such amounts shall be determined by the Secretary of the
    Treasury based on information provided by the government of the
    respective possession.
        (b) Payments to Other Possessions.--The Secretary of the Treasury
    shall pay to each possession of the United States which does not have a
    mirror code tax system amounts estimated by the Secretary of the
    Treasury as being equal to the aggregate benefits (if any) that would
    have been provided to residents of such possession by reason of the
    provisions of this title if a mirror code tax system had been in effect
    in such possession. The preceding sentence shall not apply unless the
    respective possession has a plan, which has been approved by the
    Secretary of the Treasury, under which such possession will promptly
    distribute such payments to its residents.
        (c) Mirror Code Tax System.--For purposes of this section, the term
    ``mirror code tax system'' means, with respect to any possession of the
    United States, the income tax system of such possession if the income
    tax liability of the residents of such possession under such system is
    determined by reference to the income tax laws of the United States as
    if such possession were the United States.
        (d) Treatment of Payments.--For purposes of section 1324 of title
    31, United States Code, the payments under this section shall be
    treated in the same manner as a refund due from a credit provision
    referred to in subsection (b)(2) of such section.

                           DIVISION FF--OTHER MATTER
      TITLE I--CONTINUING EDUCATION AT AFFECTED FOREIGN INSTITUTIONS AND
      MODIFICATION OF CERTAIN PROTECTIONS FOR TAXPAYER RETURN INFORMATION

        SEC. 101. CONTINUING EDUCATION AT AFFECTED FOREIGN INSTITUTIONS.
        (a) In General.--Section 3510 of the CARES Act (20 U.S.C. 1001
    note) is amended--
            (1) in subsection (a), by striking ``for the duration of such
        emergency'' and all that follows through the period at the end and
        inserting ``for purposes of title IV of the Higher Education Act of
        1965 (20 U.S.C. 1070 et seq.) until the end of the covered period
        applicable to the institution.'';
            (2) in subsection (b), by striking ``for the duration of the
        qualifying emergency and the following payment period for purposes
        of title IV of the Higher Education Act of 1965 (20 U.S.C. 1070 et
        seq.).'' and inserting ``until the end of the covered period
        applicable to the institution.'';
            (3) in subsection (c), by striking ``for the duration of the
        qualifying emergency and the following payment period,'' and
        inserting ``until all covered periods for foreign institutions
        carrying out a distance education program authorized under this
        section have ended,'';
            (4) in subsection (d)--
                (A) in paragraph (1)--
                    (i) by striking ``for the duration of a qualifying
                emergency and the following payment period,'' and inserting
                ``until the end of the covered period applicable to a
                foreign institution,''; and
                    (ii) by striking ``allow a foreign institution'' and
                inserting ``allow the foreign institution'';
                (B) in each of subparagraphs (A) and (B) of paragraph (2),
            by striking ``subsection (a)'' and inserting ``paragraph (1)'';
                (C) in paragraph (3)(B), by striking ``30 days'' and
            inserting ``10 days''; and
                (D) in paragraph (4)--
                    (i) by striking ``for the duration of the qualifying
                emergency and the following payment period,'' and inserting
                ``until all covered periods for foreign institutions that
                entered into written arrangements under paragraph (1) have
                ended,''; and
                    (ii) by striking ``identifies each foreign institution
                that entered into a written arrangement under subsection
                (a).'' and inserting the following: identifies, for each
                such foreign institution--
                ``(A) the name of the foreign institution;
                ``(B) the name of the institution of higher education
            located in the United States that has entered into a written
            arrangement with such foreign institution; and
                ``(C) information regarding the nature of such written
            arrangement, including which coursework or program requirements
            are accomplished at each respective institution.''; and
            (5) by adding at the end the following:
        ``(e) Definition of Covered Period.--
            ``(1) In general.--In this section, the term `covered period',
        when used with respect to a foreign institution of higher
        education, means the period--
                ``(A) beginning on the first day of--
                    ``(i) a qualifying emergency; or
                    ``(ii) a public health emergency, major disaster or
                emergency, or national emergency declared by the applicable
                government authorities in the country in which the foreign
                institution is located; and
                ``(B) ending on the later of--
                    ``(i) subject to paragraph (2), the last day of the
                payment period, for purposes of title IV of the Higher
                Education Act of 1965 (20 U.S.C. 1070 et seq.), following
                the end of any qualifying emergency or any emergency or
                disaster described in subparagraph (A)(ii) applicable to
                the foreign institution; or
                    ``(ii) June 30, 2022.
            ``(2) Special rule for certain payment periods.--For purposes
        of subparagraph (B)(i), if the following payment period for an
        award year ends before June 30 of such award year, the covered
        period shall be extended until June 30 of such award year.''.
        (b) Effective Date.--The amendments made by subsection (a) shall
    take effect as if included in the enactment of the CARES Act (Public
    Law 116-136).
        SEC. 102. DISCLOSURES TO IDENTIFY TAX RECEIVABLES NOT ELIGIBLE FOR
          COLLECTION PURSUANT TO QUALIFIED TAX COLLECTION CONTRACTS.
        (a) In General.--Section 1106 of the Social Security Act (42 U.S.C.
    1306) is amended by adding at the end the following:
        ``(g) Notwithstanding any other provision of this section, the
    Commissioner of Social Security shall enter into an agreement with the
    Secretary of the Treasury under which--
            ``(1) if the Secretary provides the Commissioner with the
        information described in section 6103(k)(15) of the Internal
        Revenue Code of 1986 with respect to any individual, the
        Commissioner shall indicate to the Secretary as to whether such
        individual receives disability insurance benefits under section 223
        or supplemental security income benefits under title XVI (including
        State supplementary payments of the type referred to in section
        1616(a) or payments of the type described in section 212(a) of
        Public Law 93-66);
            ``(2) appropriate safeguards are included to assure that the
        indication described in paragraph (1) will be used solely for the
        purpose of determining if tax receivables involving such individual
        are not eligible for collection pursuant to a qualified tax
        collection contract by reason of section 6306(d)(3)(E) of the
        Internal Revenue Code of 1986; and
            ``(3) the Secretary shall pay the Commissioner of Social
        Security the full costs (including systems and administrative
        costs) of providing the indication described in paragraph (1).''.
        (b) Authorization of Disclosure by Secretary of the Treasury.--
            (1) In general.--Section 6103(k) of the Internal Revenue Code
        of 1986 is amended by adding at the end the following new
        paragraph:
            ``(15) Disclosures to social security administration to
        identify tax receivables not eligible for collection pursuant to
        qualified tax collection contracts.--In the case of any individual
        involved with a tax receivable which the Secretary has identified
        for possible collection pursuant to a qualified tax collection
        contract (as defined in section 6306(b)), the Secretary may
        disclose the taxpayer identity and date of birth of such individual
        to officers, employees, and contractors of the Social Security
        Administration to determine if such tax receivable is not eligible
        for collection pursuant to such a qualified tax collection contract
        by reason of section 6306(d)(3)(E).''.
            (2) Conforming amendments related to safeguards.--
                (A) Section 6103(a)(3) of such Code is amended by striking
            ``or (14)'' and inserting ``(14), or (15)''.
                (B) Section 6103(p)(4) of such Code is amended--
                    (i) by striking ``(k)(8), (10) or (11)'' both places it
                appears and inserting ``(k)(8), (10), (11), or (15)'', and
                    (ii) by striking ``any other person described in
                subsection (k)(10)'' each place it appears and inserting
                ``any other person described in subsection (k)(10) or
                (15)''.
                (C) Section 7213(a)(2) of such Code is amended by striking
            ``(k)(10), (13), or (14)'' and inserting ``(k)(10), (13), (14),
            or (15)''.
        (c) Effective Date.--The amendments made by this section shall
    apply to disclosures made on or after the date of the enactment of this
    Act.
        SEC. 103. MODIFICATION OF CERTAIN PROTECTIONS FOR TAXPAYER RETURN
          INFORMATION.
        (a) Amendments to the Internal Revenue Code of 1986.--
            (1) In general.--Subparagraph (D) of section 6103(l)(13) of the
        Internal Revenue Code of 1986 is amended--
                (A) by inserting at the end of clause (iii) the following
            new sentence: ``Under such terms and conditions as may be
            prescribed by the Secretary, after consultation with the
            Department of Education, an institution of higher education
            described in subclause (I) or a State higher education agency
            described in subclause (II) may designate a contractor of such
            institution or state agency to receive return information on
            behalf of such institution or state agency to administer
            aspects of the institution's or state agency's activities for
            the application, award, and administration of such financial
            aid.'', and
                (B) by adding at the end the following:
                    ``(iv) Redisclosure to office of inspector general,
                independent auditors, and contractors.--Any return
                information which is redisclosed under clause (iii)--

                        ``(I) may be further disclosed by persons described
                    in subclauses (I), (II), or (III) of clause (iii) or
                    persons designated in the last sentence of clause (iii)
                    to the Office of Inspector General of the Department of
                    Education and independent auditors conducting audits of
                    such person's administration of the programs for which
                    the return information was received, and
                        ``(II) may be further disclosed by persons
                    described in subclauses (I), (II), or (III) of clause
                    (iii) to contractors of such entities,

                but only to the extent necessary in carrying out the
                purposes described in such clause (iii).
                    ``(v) Redisclosure to family members.--In addition to
                the purposes for which information is disclosed and used
                under subparagraphs (A) and (C), or redisclosed under
                clause (iii), any return information so disclosed or
                redisclosed may be further disclosed to any individual
                certified by the Secretary of Education as having provided
                approval under paragraph (1) or (2) of section 494(a) of
                the Higher Education Act of 1965, as the case may be, for
                disclosure related to the income-contingent or income-based
                repayment plan under subparagraph (A) or the eligibility
                for, and amount of, Federal student financial aid described
                in subparagraph (C).
                    ``(vi) Redisclosure of fafsa information.--Return
                information received under subparagraph (C) may be
                redisclosed in accordance with subsection (c) of section
                494 of the Higher Education Act of 1965 as in effect on the
                date of enactment of the Consolidated Appropriations Act,
                2021 to carry out the purposes specified in such
                subsection.''.
            (2) Conforming amendment.--Subparagraph (F) of section
        6103(l)(13) of such Code is amended by inserting ``, and any
        redisclosure authorized under clause (iii), (iv) (v), or (vi) of
        subparagraph (D),'' after `` or (C)''.
            (3) Confidentiality of return information.--
                (A) Section 6103(a)(3) of such Code, as amended by section
            3516(a)(1) of the CARES Act (Public Law 116-136), is amended by
            striking ``(13)(A), (13)(B), (13)(C), (13)(D)(i),'' and
            inserting ``(13) (other than subparagraphs (D)(v) and (D)(vi)
            thereof),''.
                (B) Section 6103(p)(3)(A) of such Code, as amended by
            section 3516(a)(2) of such Act, is amended by striking
            ``(13)(A), (13)(B), (13)(C), (13)(D)(i),'' and inserting
            ``(13)(D)(iv), (13)(D)(v), (13)(D)(vi)''.
            (4) Effective date.--The amendments made by this subsection
        shall apply to disclosures made after the date of the enactment of
        the FUTURE Act (Public Law 116-91).
        (b) Amendments to the Higher Education Act of 1965.--
            (1) In general.--Section 494 of the Higher Education Act of
        1965 (20 U.S.C. 1098h(a)) is amended--
                (A) in subsection (a)(1)--
                    (i) in the matter preceding subparagraph (A), by
                inserting ``, including return information,'' after
                ``financial information'';
                    (ii) in subparagraph (A)--

                        (I) in clause (i)--

                            (aa) by striking ``subparagraph (B), the'' and
                        inserting the following: ``subparagraph (B)--

                        ``(I) the''; and

                            (bb) by adding at the end the following:

                        ``(II) the return information of such individuals
                    may be redisclosed pursuant to clauses (iii), (iv),
                    (v), and (vi) of section 6103(l)(13)(D) of the Internal
                    Revenue Code of 1986, for the relevant purposes
                    described in such section; and''; and
                        (II) in clause (ii), by striking ``such
                    disclosure'' and inserting ``the disclosures described
                    in subclauses (I) and (II) of clause (i)''; and

                    (iii) in subparagraph (B), by striking ``disclosure
                described in subparagraph (A)(i)'' and inserting
                ``disclosures described in subclauses (I) and (II) of
                subparagraph (A)(i)'';
                (B) in subsection (a)(2)(A)(ii), by striking
            ``affirmatively approve the disclosure described in paragraph
            (1)(A)(i) and agree that such approval shall serve as an
            ongoing approval of such disclosure until the date on which the
            individual elects to opt out of such disclosure'' and inserting
            ``affirmatively approve the disclosures described in subclauses
            (I) and (II) of paragraph (1)(A)(i), to the extent applicable,
            and agree that such approval shall serve as an ongoing approval
            of such disclosures until the date on which the individual
            elects to opt out of such disclosures''; and
                (C) by adding at the end the following:
        ``(c) Access to FAFSA Information.--
            ``(1) Redisclosure of information.--The information in a
        complete, unredacted Student Aid Report (including any return
        information disclosed under section 6103(l)(13) of the Internal
        Revenue Code of 1986 (26 U.S.C. 6103(l)(13))) with respect to an
        application described in subsection (a)(1) of an applicant for
        Federal student financial aid--
                ``(A) upon request for such information by such applicant,
            shall be provided to such applicant by--
                    ``(i) the Secretary; or
                    ``(ii) in a case in which the Secretary has requested
                that institutions of higher education carry out the
                requirements of this subparagraph, an institution of higher
                education that has received such information; and
                ``(B) with the written consent by the applicant to an
            institution of higher education, may be provided by such
            institution of higher education as is necessary to a
            scholarship granting organization (including a tribal
            organization (defined in section 4 of the Indian Self-
            Determination and Education Assistance Act (25 U.S.C. 5304))),
            or to an organization assisting the applicant in applying for
            and receiving Federal, State, local, or tribal assistance, that
            is designated by the applicant to assist the applicant in
            applying for and receiving financial assistance for any
            component of the applicant's cost of attendance (defined in
            section 472) at that institution.
            ``(2) Discussion of information.--A discussion of the
        information in an application described in subsection (a)(1)
        (including any return information disclosed under section
        6103(l)(13) of the Internal Revenue Code of 1986 (26 U.S.C.
        6103(l)(13)) of an applicant between an institution of higher
        education and the applicant may, with the written consent of the
        applicant, include an individual selected by the applicant (such as
        an advisor) to participate in such discussion.
            ``(3) Restriction on disclosing information.--A person
        receiving information under paragraph (1)(B) or (2) with respect to
        an applicant shall not use the information for any purpose other
        than the express purpose for which consent was granted by the
        applicant and shall not disclose such information to any other
        person without the express permission of, or request by, the
        applicant.
            ``(4) Definitions.--In this subsection:
                ``(A) Student aid report.--The term `Student Aid Report'
            has the meaning given the term in section 668.2 of title 34,
            Code of Federal Regulations (or successor regulations).
                ``(B) Written consent.--The term `written consent' means a
            separate, written document that is signed and dated (which may
            include by electronic format) by an applicant, which--
                    ``(i) indicates that the information being disclosed
                includes return information disclosed under section
                6103(l)(13) of the Internal Revenue Code of 1986 (26 U.S.C.
                6103(l)(13)) with respect to the applicant;
                    ``(ii) states the purpose for which the information is
                being disclosed; and
                    ``(iii) states that the information may only be used
                for the specific purpose and no other purposes.
            ``(5) Record keeping requirement.--An institution of higher
        education shall--
                ``(A) keep a record of each written consent made under this
            subsection for a period of at least 3 years from the date of
            the student's last date of attendance at the institution; and
                ``(B) make each such record readily available for review by
            the Secretary.''.
            (2) Conforming amendment.--Section 494(a)(3) of the Higher
        Education Act of 1965 (20 U.S.C. 1098h(a)(3)) is amended by
        striking ``paragraph (1)(A)(i)'' both places the term appears and
        inserting ``paragraph (1)(A)(i)(I)''.
        SEC. 104. RESCHEDULING OF THE NAEP MANDATED BIENNIAL 4TH AND 8TH
          GRADE ASSESSMENT AND ALIGNMENT OF THE MANDATED QUADRENNIAL 12TH
          GRADE ASSESSMENT.
        (a) Current Assessment Administration Rescheduling.--
    Notwithstanding any other provision of law and due to the public health
    emergency declared by the Secretary of Health and Human Services under
    section 319 of the Public Health Service Act (42 U.S.C. 247d) on
    January 31, 2020, with respect to COVID-19--
            (1) the biennial 4th and 8th grade reading and mathematics
        assessments scheduled to be conducted during the 2020-2021 school
        year in accordance with paragraphs (2)(B) and (3)(A)(i) of section
        303(b) of the National Assessment of Educational Progress
        Authorization Act (20 U.S.C. 9622(b)) and, as practicable and
        subject to the discretion of the National Assessment Governing
        Board, the Trial Urban District Assessment, shall be conducted
        during the 2021-2022 school year; and
            (2) the next quadrennial 12th grade reading and mathematics
        assessments carried out in accordance with section 303(b)(2)(C) of
        the National Assessment of Educational Progress Authorization Act
        (20 U.S.C. 9622(b)(2)(C)) after the date of enactment of this
        section, shall be conducted during the 2023-2024 school year.
        (b) Future Assessment Administration.--In accordance with section
    303(b)(2)(B) of the National Assessment of Educational Progress
    Authorization Act (20 U.S.C. 9622(b)(2)(B)), the next biennial
    assessments following the 2021-2022 administration, as authorized under
    subsection (a), shall occur in the 2023-2024 school year and, as
    practicable and subject to the discretion of the National Assessment
    Governing Board, the next Trial Urban District Assessment following the
    2021-2022 administration, as authorized under subsection (a), shall
    occur in the 2023-2024 school year.

                             TITLE II--PUBLIC LANDS

        SEC. 201. SAGUARO NATIONAL PARK BOUNDARY EXPANSION.
        (a) Short Title.--This section may be cited as the ``Saguaro
    National Park Boundary Expansion Act''.
        (b) Boundary of Saguaro National Park.--Section 4 of the Saguaro
    National Park Establishment Act of 1994 (Public Law 103-364; 108 Stat.
    3467) is amended--
            (1) in subsection (a)--
                (A) by inserting ``(1)'' before ``The boundaries of the
            park''; and
                (B) by adding at the end the following:
            ``(2)(A) The boundaries of the park are further modified to
        include approximately 1,152 acres, as generally depicted on the map
        titled `Saguaro National Park Proposed Boundary Adjustment',
        numbered 151/80,045G, and dated December 2020.
            ``(B) The map referred to in subparagraph (A) shall be on file
        and available for inspection in the appropriate offices of the
        National Park Service.''; and
            (2) by striking subsection (b)(2) and inserting the following
        new paragraphs:
            ``(2) The Secretary may, with the consent of the State of
        Arizona and in accordance with Federal and State law, acquire land
        or interests therein owned by the State of Arizona within the
        boundary of the park.
            ``(3) If the Secretary is unable to acquire the State land
        under paragraph (2), the Secretary may enter into an agreement with
        the State that would allow the National Park Service to manage
        State land within the boundary of the park.''.
        SEC. 202. NEW RIVER GORGE NATIONAL PARK AND PRESERVE DESIGNATION.
        (a) Short Title.--This section may be cited as the ``New River
    Gorge National Park and Preserve Designation Act''.
        (b) Designation of New River Gorge National Park and New River
    Gorge National Preserve, West Virginia.--
            (1) Redesignation.--The New River Gorge National River
        established under section 1101 of the National Parks and Recreation
        Act of 1978 (16 U.S.C. 460m-15) shall be known and designated as
        the ``New River Gorge National Park and Preserve'', consisting of--
                (A) the New River Gorge National Park; and
                (B) the New River Gorge National Preserve.
            (2) New river gorge national park.--The boundaries of the New
        River Gorge National Park referred to in paragraph (1)(A) shall be
        the boundaries depicted as ``Proposed National Park Area'' on the
        map entitled ``New River Gorge National Park and Preserve Proposed
        Boundary'', numbered 637/163,199A, and dated September 2020.
            (3) New river gorge national preserve; boundary.--The
        boundaries of the New River Gorge National Preserve referred to in
        paragraph (1)(B) shall be the boundaries depicted as ``Proposed
        National Preserve Area'' on the map entitled ``New River Gorge
        National Park and Preserve Proposed Boundary'', numbered 637/
        163,199A, and dated September 2020.
        (c) Administration.--
            (1) In general.--The New River Gorge National Park and Preserve
        shall be administered by the Secretary of the Interior (referred to
        in this section as the ``Secretary'') in accordance with--
                (A) this section;
                (B) the laws generally applicable to units of the National
            Park System, including--
                    (i) section 100101(a), chapter 1003, and sections
                100751(a), 100752, 100753, and 102101 of title 54, United
                States Code; and
                    (ii) chapter 3201 of title 54, United States Code; and
                (C) title XI of the National Parks and Recreation Act of
            1978 (16 U.S.C. 460m-15 et seq.), except that the provisions of
            section 1106 of that Act (16 U.S.C. 460m-20) relating to
            hunting shall not apply to the New River Gorge National Park.
            (2) Hunting and fishing.--
                (A) Hunting.--Hunting within the New River Gorge National
            Preserve shall be administered by the Secretary--
                    (i) in the same manner as hunting was administered on
                the day before the date of enactment of this Act in those
                portions of the New River Gorge National River designated
                as the New River Gorge National Preserve by subsection
                (b)(3); and
                    (ii) in accordance with--

                        (I) section 1106 of the National Parks and
                    Recreation Act of 1978 (16 U.S.C. 460m-20); and
                        (II) other applicable laws.

                (B) Fishing.--Fishing within the New River Gorge National
            Park and Preserve shall be administered by the Secretary--
                    (i) in the same manner as fishing was administered
                within the New River Gorge National River on the day before
                the date of enactment of this Act; and
                    (ii) in accordance with--

                        (I) section 1106 of the National Parks and
                    Recreation Act of 1978 (16 U.S.C. 460m-20); and
                        (II) other applicable laws.

                (C) Private land.--Nothing in this section prohibits
            hunting, fishing, or trapping on private land in accordance
            with applicable State and Federal laws.
            (3) Land acquisition.--
                (A) Additional land for national preserve.--
                    (i) In general.--The Secretary may acquire land or any
                interest in land identified as ``Proposed Additional
                Lands'' on the map entitled ``New River Gorge National Park
                and Preserve Proposed Boundary'', numbered 637/163,199A,
                and dated September 2020, by purchase from a willing
                seller, donation, or exchange.
                    (ii) Boundary modification.--On acquisition of any land
                or interest in land under clause (i), the Secretary shall--

                        (I) modify the boundary of the New River Gorge
                    National Preserve to reflect the acquisition; and
                        (II) administer the land or interest in land in
                    accordance with the laws applicable to the New River
                    Gorge National Preserve.

                (B) Visitor parking.--
                    (i) In general.--The Secretary may acquire not more
                than 100 acres of land in the vicinity of the New River
                Gorge National Park and Preserve by purchase from a willing
                seller, donation, or exchange to provide for--

                        (I) visitor parking; and
                        (II) improved public access to the New River Gorge
                    National Park and Preserve.

                    (ii) Administration.--On acquisition of the land under
                clause (i), the acquired land shall be administered as part
                of the New River Gorge National Park or the New River Gorge
                National Preserve, as appropriate.
            (4) Commercial recreational watercraft services.--Commercial
        recreational watercraft services within the New River Gorge
        National Park and Preserve shall be administered by the Secretary
        in accordance with section 402 of the West Virginia National
        Interest River Conservation Act of 1987 (16 U.S.C. 460m-15 note;
        Public Law 100-534).
            (5) References.--Any reference in a law, map, regulation,
        document, paper, or other record of the United States to the New
        River Gorge National River shall be considered to be a reference to
        the ``New River Gorge National Park'' or the ``New River Gorge
        National Preserve'', as appropriate.
        (d) Authorization of Appropriations.--There are authorized to be
    appropriated such sums as are necessary to carry out this section.
        SEC. 203. DESIGNATION OF MIRACLE MOUNTAIN.
        (a) Short Title.--This section may be cited as the ``Miracle
    Mountain Designation Act''.
        (b) Findings.--Congress finds as follows:
            (1) On September 13, 2018, the Bald Mountain Fire burned nearly
        20,000 acres of land in Utah.
            (2) Elk Ridge City, located in Utah County, was nearly the
        victim of this fire.
            (3) Suddenly, the fire halted its progression and, instead of
        burning into Elk Ridge City, stayed behind the mountain and spared
        the city.
            (4) Congress, in acknowledgment of this event, believes this
        mountain holds special significance to the residents of Elk Ridge
        City and surrounding communities.
            (5) The presently unnamed peak has been referred to as
        ``Miracle Mountain'' by many residents since the fire that nearly
        went into Elk Ridge City.
        (c) Designation.--The mountain in the State of Utah, located at 39
    59' 02N, 111 40' 12W, shall be known and designated as ``Miracle
    Mountain''.
        (d) References.--Any reference in a law, map, regulation, document,
    record, or other paper of the United States to the mountain described
    in subsection (c) shall be considered to be a reference to ``Miracle
    Mountain''.

        TITLE III--FOREIGN RELATIONS AND DEPARTMENT OF STATE PROVISIONS
        Subtitle A--Robert Levinson Hostage Recovery and Hostage-taking
                               Accountability Act

        SEC. 301. SHORT TITLE.
        This subtitle may be cited as the ``Robert Levinson Hostage
    Recovery and Hostage-Taking Accountability Act''.
        SEC. 302. ASSISTANCE FOR UNITED STATES NATIONALS UNLAWFULLY OR
          WRONGFULLY DETAINED ABROAD.
        (a) Review.--The Secretary of State shall review the cases of
    United States nationals detained abroad to determine if there is
    credible information that they are being detained unlawfully or
    wrongfully, based on criteria which may include whether--
            (1) United States officials receive or possess credible
        information indicating innocence of the detained individual;
            (2) the individual is being detained solely or substantially
        because he or she is a United States national;
            (3) the individual is being detained solely or substantially to
        influence United States Government policy or to secure economic or
        political concessions from the United States Government;
            (4) the detention appears to be because the individual sought
        to obtain, exercise, defend, or promote freedom of the press,
        freedom of religion, or the right to peacefully assemble;
            (5) the individual is being detained in violation of the laws
        of the detaining country;
            (6) independent nongovernmental organizations or journalists
        have raised legitimate questions about the innocence of the
        detained individual;
            (7) the United States mission in the country where the
        individual is being detained has received credible reports that the
        detention is a pretext for an illegitimate purpose;
            (8) the individual is detained in a country where the
        Department of State has determined in its annual human rights
        reports that the judicial system is not independent or impartial,
        is susceptible to corruption, or is incapable of rendering just
        verdicts;
            (9) the individual is being detained in inhumane conditions;
            (10) due process of law has been sufficiently impaired so as to
        render the detention arbitrary; and
            (11) United States diplomatic engagement is likely necessary to
        secure the release of the detained individual.
        (b) Referrals to the Special Envoy.--Upon a determination by the
    Secretary of State, based on the totality of the circumstances, that
    there is credible information that the detention of a United States
    national abroad is unlawful or wrongful, and regardless of whether the
    detention is by a foreign government or a nongovernmental actor, the
    Secretary shall transfer responsibility for such case from the Bureau
    of Consular Affairs of the Department of State to the Special Envoy for
    Hostage Affairs created pursuant to section 303.
        (c) Report.--
            (1) Annual report.--
                (A) In general.--The Secretary of State shall submit to the
            appropriate congressional committees an annual report with
            respect to United States nationals for whom the Secretary
            determines there is credible information of unlawful or
            wrongful detention abroad.
                (B) Form.--The report required under this paragraph shall
            be submitted in unclassified form, but may include a classified
            annex if necessary.
            (2) Composition.--The report required under paragraph (1) shall
        include current estimates of the number of individuals so detained,
        as well as relevant information about particular cases, such as--
                (A) the name of the individual, unless the provision of
            such information is inconsistent with section 552a of title 5,
            United States Code (commonly known as the ``Privacy Act of
            1974'');
                (B) basic facts about the case;
                (C) a summary of the information that such individual may
            be detained unlawfully or wrongfully;
                (D) a description of specific efforts, legal and
            diplomatic, taken on behalf of the individual since the last
            reporting period, including a description of accomplishments
            and setbacks; and
                (E) a description of intended next steps.
        (d) Resource Guidance.--
            (1) Establishment.--Not later than 180 days after the date of
        the enactment of this Act and after consulting with relevant
        organizations that advocate on behalf of United States nationals
        detained abroad and the Family Engagement Coordinator established
        pursuant to section 304(c)(2), the Secretary of State shall provide
        resource guidance in writing for government officials and families
        of unjustly or wrongfully detained individuals.
            (2) Content.--The resource guidance required under paragraph
        (1) should include--
                (A) information to help families understand United States
            policy concerning the release of United States nationals
            unlawfully or wrongfully held abroad;
                (B) contact information for officials in the Department of
            State or other government agencies suited to answer family
            questions;
                (C) relevant information about options available to help
            families obtain the release of unjustly or wrongfully detained
            individuals, such as guidance on how families may engage with
            United States diplomatic and consular channels to ensure prompt
            and regular access for the detained individual to legal
            counsel, family members, humane treatment, and other services;
                (D) guidance on submitting public or private letters from
            members of Congress or other individuals who may be influential
            in securing the release of an individual; and
                (E) appropriate points of contacts, such as legal resources
            and counseling services, who have a record of assisting
            victims' families.
        SEC. 303. SPECIAL ENVOY FOR HOSTAGE AFFAIRS.
        (a) Establishment.--There shall be a Special Presidential Envoy for
    Hostage Affairs, who shall be appointed by the President, by and with
    the advice and consent of the Senate, and shall report to the Secretary
    of State.
        (b) Rank.--The Special Envoy shall have the rank and status of
    ambassador.
        (c) Responsibilities.--The Special Presidential Envoy for Hostage
    Affairs shall--
            (1) lead diplomatic engagement on United States hostage policy;
            (2) coordinate all diplomatic engagements and strategy in
        support of hostage recovery efforts, in coordination with the
        Hostage Recovery Fusion Cell and consistent with policy guidance
        communicated through the Hostage Response Group;
            (3) in coordination with the Hostage Recovery Fusion Cell as
        appropriate, coordinate diplomatic engagements regarding cases in
        which a foreign government has detained a United States national
        and the United States Government regards such detention as unlawful
        or wrongful;
            (4) provide senior representation from the Special Envoy's
        office to the Hostage Recovery Fusion Cell established under
        section 304 and the Hostage Response Group established under
        section 305; and
            (5) ensure that families of United States nationals unlawfully
        or wrongly detained abroad receive updated information about
        developments in cases and government policy.
        SEC. 304. HOSTAGE RECOVERY FUSION CELL.
        (a) Establishment.--The President shall establish an interagency
    Hostage Recovery Fusion Cell.
        (b) Participation.--The President shall direct the heads of each of
    the following executive departments, agencies, and offices to make
    available personnel to participate in the Hostage Recovery Fusion Cell:
            (1) The Department of State.
            (2) The Department of the Treasury.
            (3) The Department of Defense.
            (4) The Department of Justice.
            (5) The Office of the Director of National Intelligence.
            (6) The Federal Bureau of Investigation.
            (7) The Central Intelligence Agency.
            (8) Other agencies as the President, from time to time, may
        designate.
        (c) Personnel.--The Hostage Recovery Fusion Cell shall include--
            (1) a Director, who shall be a full-time senior officer or
        employee of the United States Government;
            (2) a Family Engagement Coordinator who shall--
                (A) work to ensure that all interactions by executive
            branch officials with a hostage's family occur in a coordinated
            fashion and that the family receives consistent and accurate
            information from the United States Government; and
                (B) if directed, perform the same function as set out in
            subparagraph (A) with regard to the family of a United States
            national who is unlawfully or wrongfully detained abroad; and
            (3) other officers and employees as deemed appropriate by the
        President.
        (d) Duties.--The Hostage Recovery Fusion Cell shall--
            (1) coordinate efforts by participating agencies to ensure that
        all relevant information, expertise, and resources are brought to
        bear to secure the safe recovery of United States nationals held
        hostage abroad;
            (2) if directed, coordinate the United States Government's
        response to other hostage-takings occurring abroad in which the
        United States has a national interest;
            (3) if directed, coordinate or assist the United States
        Government's response to help secure the release of United States
        nationals unlawfully or wrongfully detained abroad; and
            (4) pursuant to policy guidance coordinated through the
        National Security Council--
                (A) identify and recommend hostage recovery options and
            strategies to the President through the National Security
            Council or the Deputies Committee of the National Security
            Council;
                (B) coordinate efforts by participating agencies to ensure
            that information regarding hostage events, including potential
            recovery options and engagements with families and external
            actors (including foreign governments), is appropriately shared
            within the United States Government to facilitate a coordinated
            response to a hostage-taking;
                (C) assess and track all hostage-takings of United States
            nationals abroad and provide regular reports to the President
            and Congress on the status of such cases and any measures being
            taken toward the hostages' safe recovery;
                (D) provide a forum for intelligence sharing and, with the
            support of the Director of National Intelligence, coordinate
            the declassification of relevant information;
                (E) coordinate efforts by participating agencies to provide
            appropriate support and assistance to hostages and their
            families in a coordinated and consistent manner and to provide
            families with timely information regarding significant events
            in their cases;
                (F) make recommendations to agencies in order to reduce the
            likelihood of United States nationals' being taken hostage
            abroad and enhance United States Government preparation to
            maximize the probability of a favorable outcome following a
            hostage-taking; and
                (G) coordinate with agencies regarding congressional,
            media, and other public inquiries pertaining to hostage events.
        (e) Administration.--The Hostage Recovery Fusion Cell shall be
    located within the Federal Bureau of Investigation for administrative
    purposes.
        SEC. 305. HOSTAGE RESPONSE GROUP.
        (a) Establishment.--The President shall establish a Hostage
    Response Group, chaired by a designated member of the National Security
    Council or the Deputies Committee of the National Security Council, to
    be convened on a regular basis, to further the safe recovery of United
    States nationals held hostage abroad or unlawfully or wrongfully
    detained abroad, and to be tasked with coordinating the United States
    Government response to other hostage-takings occurring abroad in which
    the United States has a national interest.
        (b) Membership.--The regular members of the Hostage Response Group
    shall include the Director of the Hostage Recovery Fusion Cell, the
    Hostage Recovery Fusion Cell's Family Engagement Coordinator, the
    Special Envoy appointed pursuant to section 303, and representatives
    from the Department of the Treasury, the Department of Defense, the
    Department of Justice, the Federal Bureau of Investigation, the Office
    of the Director of National Intelligence, the Central Intelligence
    Agency, and other agencies as the President, from time to time, may
    designate.
        (c) Duties.--The Hostage Recovery Group shall--
            (1) identify and recommend hostage recovery options and
        strategies to the President through the National Security Council;
            (2) coordinate the development and implementation of United
        States hostage recovery policies, strategies, and procedures;
            (3) receive regular updates from the Hostage Recovery Fusion
        Cell and the Special Envoy for Hostage Affairs on the status of
        United States nationals being held hostage or unlawfully or
        wrongfully detained abroad and measures being taken to effect safe
        recoveries;
            (4) coordinate the provision of policy guidance to the Hostage
        Recovery Fusion Cell, including reviewing recovery options proposed
        by the Hostage Recovery Fusion Cell and working to resolve disputes
        within the Hostage Recovery Fusion Cell;
            (5) as appropriate, direct the use of resources at the Hostage
        Recovery Fusion Cell to coordinate or assist in the safe recovery
        of United States nationals unlawfully or wrongfully detained
        abroad; and
            (6) as appropriate, direct the use of resources at the Hostage
        Recovery Fusion Cell to coordinate the United States Government
        response to other hostage-takings occurring abroad in which the
        United States has a national interest.
        (d) Meetings.--The Hostage Response Group shall meet regularly.
        (e) Reporting.--The Hostage Response Group shall regularly provide
    recommendations on hostage recovery options and strategies to the
    National Security Council.
        SEC. 306. AUTHORIZATION OF IMPOSITION OF SANCTIONS.
        (a) In General.--The President may impose the sanctions described
    in subsection (b) with respect to any foreign person the President
    determines, based on credible evidence--
            (1) is responsible for or is complicit in, or responsible for
        ordering, controlling, or otherwise directing, the hostage-taking
        of a United States national abroad or the unlawful or wrongful
        detention of a United States national abroad; or
            (2) knowingly provides financial, material, or technological
        support for, or goods or services in support of, an activity
        described in paragraph (1).
        (b) Sanctions Described.--The sanctions described in this
    subsection are the following:
            (1) Ineligibility for visas, admission, or parole.--
                (A) Visas, admission, or parole.--An alien described in
            subsection (a) may be--
                    (i) inadmissible to the United States;
                    (ii) ineligible to receive a visa or other
                documentation to enter the United States; and
                    (iii) otherwise ineligible to be admitted or paroled
                into the United States or to receive any other benefit
                under the Immigration and Nationality Act (8 U.S.C. 1101 et
                seq.).
                (B) Current visas revoked.--
                    (i) In general.--An alien described in subsection (a)
                may be subject to revocation of any visa or other entry
                documentation regardless of when the visa or other entry
                documentation is or was issued.
                    (ii) Immediate effect.--A revocation under clause (i)
                may--

                        (I) take effect immediately; and
                        (II) cancel any other valid visa or entry
                    documentation that is in the alien's possession.

            (2) Blocking of property.--
                (A) In general.--The President may exercise all of the
            powers granted to the President under the International
            Emergency Economic Powers Act (50 U.S.C. 1701 et seq.), to the
            extent necessary to block and prohibit all transactions in
            property and interests in property of a foreign person
            described in subsection (a) if such property and interests in
            property are in the United States, come within the United
            States, or are or come within the possession or control of a
            United States person.
                (B) Inapplicability of national emergency requirement.--The
            requirements of section 202 of the International Emergency
            Economic Powers Act (50 U.S.C. 1701) shall not apply for
            purposes of this section.
        (c) Exceptions.--
            (1) Exception for intelligence activities.--Sanctions under
        this section shall not apply to any activity subject to the
        reporting requirements under title V of the National Security Act
        of 1947 (50 U.S.C. 3091 et seq.) or any authorized intelligence
        activities of the United States.
            (2) Exception to comply with international obligations and for
        law enforcement activities.--Sanctions under subsection (b)(1)
        shall not apply with respect to an alien if admitting or paroling
        the alien into the United States is necessary--
                (A) to permit the United States to comply with the
            Agreement regarding the Headquarters of the United Nations,
            signed at Lake Success June 26, 1947, and entered into force
            November 21, 1947, between the United Nations and the United
            States, or other applicable international obligations; or
                (B) to carry out or assist law enforcement activity in the
            United States.
        (d) Penalties.--A person that violates, attempts to violate,
    conspires to violate, or causes a violation of subsection (b)(2) or any
    regulation, license, or order issued to carry out that subsection shall
    be subject to the penalties set forth in subsections (b) and (c) of
    section 206 of the International Emergency Economic Powers Act (50
    U.S.C. 1705) to the same extent as a person that commits an unlawful
    act described in subsection (a) of that section.
        (e) Termination of Sanctions.--The President may terminate the
    application of sanctions under this section with respect to a person if
    the President determines that--
            (1) information exists that the person did not engage in the
        activity for which sanctions were imposed;
            (2) the person has been prosecuted appropriately for the
        activity for which sanctions were imposed;
            (3) the person has credibly demonstrated a significant change
        in behavior, has paid an appropriate consequence for the activity
        for which sanctions were imposed, and has credibly committed to not
        engage in an activity described in subsection (a) in the future; or
            (4) the termination of the sanctions is in the national
        security interests of the United States.
        (f) Reporting Requirement.--If the President terminates sanctions
    pursuant to subsection (d), the President shall report to the
    appropriate congressional committees a written justification for such
    termination within 15 days.
        (g) Implementation of Regulatory Authority.--The President may
    exercise all authorities provided under sections 203 and 205 of the
    International Emergency Economic Powers Act (50 U.S.C. 1702 and 1704)
    to carry out this section.
        (h) Exception Relating to Importation of Goods.--
            (1) In general.--The authorities and requirements to impose
        sanctions authorized under this subtitle shall not include the
        authority or a requirement to impose sanctions on the importation
        of goods.
            (2) Good defined.--In this paragraph, the term ``good'' means
        any article, natural or manmade substance, material, supply or
        manufactured product, including inspection and test equipment, and
        excluding technical data.
        (i) Definitions.--In this section:
            (1) Foreign person.--The term ``foreign person'' means--
                (A) any citizen or national of a foreign country (including
            any such individual who is also a citizen or national of the
            United States); or
                (B) any entity not organized solely under the laws of the
            United States or existing solely in the United States.
            (2) United states person.--The term ``United States person''
        means--
                (A) an individual who is a United States citizen or an
            alien lawfully admitted for permanent residence to the United
            States;
                (B) an entity organized under the laws of the United States
            or any jurisdiction within the United States, including a
            foreign branch of such an entity; or
                (C) any person in the United States.
        SEC. 307. DEFINITIONS.
        In this Act:
            (1) Appropriate congressional committees.--The term
        ``appropriate congressional committees'' means--
                (A) the Committee on Foreign Relations, the Committee on
            Appropriations, the Committee on Banking, Housing, and Urban
            Affairs, the Committee on the Judiciary, the Committee on Armed
            Services, and the Select Committee on Intelligence of the
            United States Senate; and
                (B) the Committee on Foreign Affairs, the Committee on
            Appropriations, the Committee on Financial Services, the
            Committee on the Judiciary, the Committee on Armed Services,
            and the Permanent Select Committee on Intelligence of the House
            of Representatives.
            (2) United states national.--The term ``United States
        national'' means--
                (A) a United States national as defined in section
            101(a)(22) or section 308 of the Immigration and Nationality
            Act (8 U.S.C. 1101(a)(22), 8 U.S.C. 1408); and
                (B) a lawful permanent resident alien with significant ties
            to the United States.
        SEC. 308. RULE OF CONSTRUCTION.
        Nothing in this Act may be construed to authorize a private right
    of action.

                    Subtitle B--Taiwan Assurance Act of 2020

        SEC. 311. SHORT TITLE.
        This subtitle may be cited as the ``Taiwan Assurance Act of 2020''.
        SEC. 312. FINDINGS.
        Congress makes the following findings:
            (1) April 10, 2019, marked the 40th anniversary of the Taiwan
        Relations Act of 1979 (Public Law 96-8).
            (2) Since 1949, the close relationship between the United
        States and Taiwan has benefitted both parties and the broader Indo-
        Pacific region.
            (3) The security of Taiwan and its democracy are key elements
        of continued peace and stability of the greater Indo-Pacific
        region, which is in the political, security, and economic interests
        of the United States.
            (4) The People's Republic of China is currently engaged in a
        comprehensive military modernization campaign to enhance the power-
        projection capabilities of the People's Liberation Army and its
        ability to conduct joint operations, which is shifting the military
        balance of power across the Taiwan Strait.
            (5) Taiwan and its diplomatic partners continue to face
        sustained pressure and coercion from the People's Republic of
        China, which seeks to isolate Taiwan from the international
        community.
            (6) It is the policy of the United States to reinforce its
        commitments to Taiwan under the Taiwan Relations Act in a manner
        consistent with the ``Six Assurances'' and in accordance with the
        United States ``One China'' policy.
            (7) In the Taiwan Travel Act, which became law on March 16,
        2018, Congress observed that the ``self-imposed restrictions that
        the United States maintains on high-level visits'' between the
        United States and Taiwan have resulted in insufficient high-level
        communication.
        SEC. 313. SENSE OF CONGRESS.
        It is the sense of Congress that--
            (1) Taiwan is a vital part of the United States Free and Open
        Indo-Pacific Strategy;
            (2) the United States Government--
                (A) supports Taiwan's continued pursuit of asymmetric
            capabilities and concepts; and
                (B) urges Taiwan to increase its defense spending in order
            to fully resource its defense strategy; and
            (3) the United States should conduct regular sales and
        transfers of defense articles to Taiwan in order to enhance its
        self-defense capabilities, particularly its efforts to develop and
        integrate asymmetric capabilities, including undersea warfare and
        air defense capabilities, into its military forces.
        SEC. 314. TAIWAN'S INCLUSION IN INTERNATIONAL ORGANIZATIONS.
        (a) Sense of Congress.--It is the sense of Congress that the
    People's Republic of China's attempts to dictate the terms of Taiwan's
    participation in international organizations, has, in many cases,
    resulted in Taiwan's exclusion from such organizations even when
    statehood is not a requirement, and that such exclusion--
            (1) is detrimental to global health, civilian air safety, and
        efforts to counter transnational crime;
            (2) negatively impacts the safety and security of citizens
        globally; and
            (3) negatively impacts the security of Taiwan and its
        democracy.
        (b) Statement of Policy.--It is the policy of the United States to
    advocate for Taiwan's meaningful participation in the United Nations,
    the World Health Assembly, the International Civil Aviation
    Organization, the International Criminal Police Organization, and other
    international bodies, as appropriate, and to advocate for Taiwan's
    membership in the Food and Agriculture Organization, the United Nations
    Educational, Scientific and Cultural Organization, and other
    international organizations for which statehood is not a requirement
    for membership.
        SEC. 315. REVIEW OF DEPARTMENT OF STATE TAIWAN GUIDELINES.
        (a) In General.--Not later than 180 days after the date of the
    enactment of this Act, the Secretary of State shall conduct a review of
    the Department of State's guidance that governs relations with Taiwan,
    including the periodic memorandum entitled ``Guidelines on Relations
    with Taiwan'' and related documents, and reissue such guidance to
    executive branch departments and agencies.
        (b) Sense of Congress.--It is the sense of Congress that the
    Department of State's guidance regarding relations with Taiwan--
            (1) should be crafted with the intent to deepen and expand
        United States-Taiwan relations, and be based on the value, merits,
        and importance of the United States-Taiwan relationship;
            (2) should be crafted giving due consideration to the fact that
        Taiwan is governed by a representative democratic government that
        is peacefully constituted through free and fair elections that
        reflect the will of the people of Taiwan, and that Taiwan is a free
        and open society that respects universal human rights and
        democratic values; and
            (3) should ensure that the conduct of relations with Taiwan
        reflects the longstanding, comprehensive, and values-based
        relationship the United States shares with Taiwan, and contribute
        to the peaceful resolution of cross-strait issues.
        (c) Reporting Requirements.--Not later than 180 days after the date
    of the enactment of this Act, the Secretary of State shall submit to
    the Committee on Foreign Relations of the Senate and the Committee on
    Foreign Affairs of the House of Representatives a report that includes
    a description of--
            (1) the results of the review pursuant to subsection (a) of the
        Department of State's guidance on relations with Taiwan, including
        a copy of the reissued ``Guidelines of Relations with Taiwan''
        memorandum; and
            (2) the implementation of the Taiwan Travel Act (Public Law
        115-135) and any changes to guidance on relations with Taiwan that
        are the result of such implementation.

                Subtitle C--Support for Human Rights in Belarus

        SEC. 321. SHORT TITLE.
        This subtitle may be cited as the ``Belarus Democracy, Human
    Rights, and Sovereignty Act of 2020''.
        SEC. 322. FINDINGS.
        Section 2 of the Belarus Democracy Act of 2004 (Public Law 109-480;
    22 U.S.C. 5811 note) is amended to read as follows:
    ``SEC. 2. FINDINGS.
        ``Congress finds the following:
            ``(1) The International Covenant on Civil and Political Rights,
        done at New York December 19, 1966, was ratified by Belarus in
        1973, guaranteeing Belarusians the freedom of expression and the
        freedom of association.
            ``(2) Alyaksandr Lukashenka has ruled Belarus as an
        undemocratic dictatorship since the first presidential election in
        Belarus in 1994.
            ``(3) Subsequent presidential elections in Belarus have been
        neither free nor fair and have been rejected by the international
        community as not meeting minimal electoral standards, with the
        jailing of opposition activists frequently used as a tool of
        government repression before and after the elections.
            ``(4) In response to the repression and violence during the
        2006 presidential election, Congress passed the Belarus Democracy
        Reauthorization Act of 2006 (Public Law 109-480).
            ``(5) In 2006, President George W. Bush issued Executive Order
        13405, titled `Blocking Property of Certain Persons Undermining
        Democratic Processes or Institutions in Belarus', which authorized
        the imposition of sanctions against persons responsible for--
                ``(A) undermining democratic processes in Belarus; or
                ``(B) participating in human rights abuses related to
            political repression in Belarus.
            ``(6) In March 2011, the Senate unanimously passed Senate
        Resolution 105, which--
                ``(A) condemned the December 2010 election in Belarus as
            `illegitimate, fraudulent, and not representative of the will
            or the aspirations of the voters in Belarus'; and
                ``(B) called on the Lukashenka regime `to immediately and
            unconditionally release all political prisoners in Belarus who
            were arrested in association with the December 19, 2010,
            election'.
            ``(7) The Government of Belarus, led illegally by Alyaksandr
        Lukashenka, continues to engage in a pattern of clear and
        persistent violations of human rights and fundamental freedoms.
            ``(8) The Government of Belarus, led illegally by Alyaksandr
        Lukashenka, continues to engage in a pattern of clear and
        uncorrected violations of basic principles of democratic
        governance, including through a series of fundamentally flawed
        presidential and parliamentary elections undermining the legitimacy
        of executive and legislative authority in that country.
            ``(9) The Government of Belarus, led illegally by Alyaksandr
        Lukashenka, continues to subject thousands of pro-democracy
        political activists and peaceful protesters to harassment,
        beatings, and imprisonment, particularly as a result of their
        attempts to peacefully exercise their right to freedom of assembly
        and association.
            ``(10) The Government of Belarus, led illegally by Alyaksandr
        Lukashenka, continues to suppress independent media and journalists
        and to restrict access to the internet, including social media and
        other digital communication platforms, in violation of the right to
        freedom of speech and expression of those dissenting from the
        dictatorship of Alyaksandr Lukashenka.
            ``(11) The Government of Belarus, led illegally by Alyaksandr
        Lukashenka, continues a systematic campaign of harassment,
        repression, and closure of nongovernmental organizations, including
        independent trade unions and entrepreneurs, creating a climate of
        fear that inhibits the development of civil society and social
        solidarity.
            ``(12) The Government of Belarus, led illegally by Alyaksandr
        Lukashenka, has pursued a policy undermining the country's
        sovereignty and independence by making Belarus political, economic,
        cultural, and societal interests subservient to those of Russia.
            ``(13) The Government of Belarus, led illegally by Alyaksandr
        Lukashenka, continues to reduce the independence of Belarus through
        integration into a so-called `Union State' that is under the
        control of Russia.
            ``(14) In advance of the August 2020 presidential elections in
        Belarus, authorities acting on behalf of President Lukashenka
        arrested journalists, bloggers, political activists, and opposition
        leaders, including 3 leading presidential candidates (Syarhey
        Tsikhanouski, Mikalay Statkevich, and Viktar Babaryka), who were
        barred from running in the election by the Central Election
        Commission of the Republic of Belarus.
            ``(15) While the 3 opposition candidates were imprisoned, 2 of
        their wives and 1 of their campaign managers (Sviatlana
        Tsikhanouskaya, Veranika Tsepkala, and Maria Kalesnikava) joined
        together and ran in place of the candidates.
            ``(16) Thousands of Belarusian people demonstrated their
        support for these candidates by attending rallies, including 1
        rally that included an estimated 63,000 participants.
            ``(17) On August, 5, 2020, the Senate unanimously passed Senate
        Resolution 658, which calls for a free, fair, and transparent
        presidential election in Belarus, including the unimpeded
        participation of all presidential candidates.
            ``(18) On August 9, 2020, the Government of Belarus conducted a
        presidential election that--
                ``(A) was held under undemocratic conditions that did not
            meet international standards;
                ``(B) involved government malfeasance and serious
            irregularities with ballot counting and the reporting of
            election results, including--
                    ``(i) early voting ballot stuffing;
                    ``(ii) ballot burning;
                    ``(iii) pressuring poll workers; and
                    ``(iv) removing bags full of ballots by climbing out of
                windows;
                ``(C) included restrictive measures that impeded the work
            of local independent observers and did not provide sufficient
            notice to the OSCE to allow for the OSCE to monitor the
            elections, as is customary.
            ``(19) Incumbent president Alyaksandr Lukashenka declared a
        landslide victory in the election and claimed to have received more
        than 80 percent of the votes cast in the election.
            ``(20) The leading opposition candidate, Sviatlana
        Tsikhanouskaya--
                ``(A) formally disputed the government's reported election
            results;
                ``(B) explained that her staff had examined the election
            results from more than 50 polling places; and
                ``(C) found that her share of the vote exceeded
            Lukashenka's share by many times.
            ``(21) On August 10, 2020, Sviatlana Tsikhanouskaya was
        detained while attending a meeting with the Central Election
        Commission of the Republic of Belarus and forced to flee to
        Lithuania under pressure from government authorities.
            ``(22) On August 11, 2020, Lithuanian Foreign Minister Linas
        Linkevicius announced that Sviatlana Tsikhanouskaya was safe in
        Lithuania and has continued to be one of the strongest voices
        supporting the pro-democracy movement in Belarus within the
        European Union and globally.
            ``(23) On August 18, 2020, Sviatlana Tsikhanouskaya announced
        the formation of a Coordination Council to oversee a resolution to
        the crisis in Belarus and a peaceful transition of power by
        subjecting the Council's senior members to violence, detention, and
        forced exile. The Government of Belarus, led illegally by
        Alyaksandr Lukashenka, has sought to stop the work of the
        Coordination Council.
            ``(24) Before the European Parliament on August 25, 2020,
        Sviatlana Tsikhanouskaya stressed that a `peaceful revolution' was
        underway in Belarus, and that `It is neither a pro-Russian nor
        anti-Russian revolution. It is neither an anti-European Union nor a
        pro-European Union revolution. It is a democratic revolution.'.
            ``(25) On or around September 6, 2020, opposition leader Maria
        Kalesnikava and members of the Coordination Council, including
        Anton Ronenkov, Ivan Kravtsov, and Maxim Bogretsov, were detained
        by authorities who sought to forcibly expel them to Ukraine. Ms.
        Kalesnikava tore up her passport at the Ukrainian border in a
        successful effort to prevent this expulsion, subsequently
        disappeared, and was discovered in a Minsk prison on September 9,
        2020.
            ``(26) On August 11, 2020, the European Union High
        Representative for Foreign and Security Policy, Josep Borrell,
        issued a declaration on the presidential election in Belarus
        stating that the elections were neither free nor fair.
            ``(27) On August 28, 2020, United States Deputy Secretary of
        State Stephen Biegun declared that the August 9th election in
        Belarus was fraudulent.
            ``(28) Following Alyaksandr Lukashenka's September 23, 2020,
        secret inauguration, the United States, the European Union,
        numerous European Union member states, the United Kingdom, and
        Canada announced that they did not recognize Mr. Lukashenka as the
        legitimately elected leader of Belarus.
            ``(29) Since the sham election on August 9, 2020, tens of
        thousands of Belarusian citizens have participated in daily
        peaceful protests calling for a new, free, and fair election, and
        the release of political prisoners.
            ``(30) According to Amnesty International, on August 30, 2020,
        Belarusians held one of the largest protest rallies in the
        country's modern history in Minsk and in other cities, which was
        attended by at least 100,000 people who demanded the resignation of
        President Lukashenka and an investigation into the human rights
        violations in Belarus.
            ``(31) Women have served as the leading force in demonstrations
        across the country, protesting the police brutality and mass
        detentions by wearing white, carrying flowers, forming `solidarity
        chains', and unmasking undercover police trying to arrest
        demonstrators.
            ``(32) The Government of Belarus has responded to the peaceful
        opposition protests, which are the largest in Belarus history, with
        a violent crackdown, including, according to the United Nations
        Special Rapporteur, the detention by government authorities of more
        than 10,000 peaceful protestors as of September 18, 2020, mostly
        for taking part in or observing peaceful protests, with many of
        these arrests followed by beatings and torture at the hands of
        Belarusian law enforcement.
            ``(33) According to the Viasna Human Rights Centre, at least
        450 detainees have reported being tortured or otherwise ill-treated
        while held in incommunicado detention for up to 10 days, including
        through--
                ``(A) severe beatings;
                ``(B) forced performance of humiliating acts; and
                ``(C) sexual violence and other forms of violence.
            ``(34) At least 4 Belarusians have been killed at protests, and
        dozens of Belarusians who were detained during the protests are
        still missing.
            ``(35) The Belarus Ministry of Defense threatened to send the
        army to confront protestors, warning that in case of any violation
        of peace and order in areas around national monuments, `you will
        have the army to deal with now, not the police'.
            ``(36) The Government of Belarus, led illegally by Alyaksandr
        Lukashenka, has consistently restricted the free flow of
        information to silence the opposition and to conceal the regime's
        violent crackdown on peaceful protestors, including by--
                ``(A) stripping the accreditation of journalists from major
            foreign news outlets;
                ``(B) detaining and harassing countless journalists.
                ``(C) arresting dozens of journalists, 6 of whom report for
            Radio Free Europe/Radio Liberty;
                ``(D) halting the publishing of 2 independent newspapers;
            and
                ``(E) disrupting internet access;
                ``(F) blocking more than 50 news websites that were
            covering the protests; and
                ``(G) limiting access to social media and other digital
            communication platforms.
            ``(37) Internet access in Belarus has been repeatedly disrupted
        and restricted since August 9, 2020, which independent experts and
        monitoring groups have attributed to government interference.
            ``(38) Thousands of employees at Belarusian state-owned
        enterprises, who have been seen as Alyaksandr Lukashenka's
        traditional base during his 26-year rule, went on strike across the
        country to protest Lukashenka's illegitimate election and the
        subsequent crackdowns, including at some of Belarus's largest
        factories such as the BelAZ truck plant, the Minsk Tractor Works,
        and the Minsk Automobile Plant.
            ``(39) After the employees of state media outlets walked off
        the job in protest rather than help report misleading government
        propaganda, Lukashenka confirmed that he `asked the Russians' to
        send teams of Russian journalists to replace local employees.
            ``(40) On August 19, 2020, European Council President Charles
        Michel announced that the European Union would impose sanctions on
        a substantial number of individuals responsible for violence,
        repression, and election fraud in Belarus.
            ``(41) On October 2, 2020, the Department of Treasury announced
        new sanctions under Executive Order 13405 on eight individuals `for
        their roles in the fraudulent August 9, 2020 Belarus presidential
        election or the subsequent violent crackdown on peaceful
        protesters'.
            ``(42) Similar sanctions have also been applied to Belarusian
        human rights violators by the Government of Canada and the
        Government of the United Kingdom.
            ``(43) Against the will of the majority of the Belarusian
        people--
                ``(A) Alyaksandr Lukashenka appealed to Russian President
            Vladimir Putin to provide security assistance to his
            government, if requested; and
                ``(B) President Putin has agreed to prop up the Alyaksandr
            Lukashenka regime by--
                    ``(i) confirming that a Russian police force was ready
                to be deployed if `the situation gets out of control';
                    ``(ii) providing significant financial support; and
                    ``(iii) sending Russian propagandists to help
                disseminate pro-regime propaganda on Belarus state
                television.
            ``(44) The Governments of the United States, the European
        Union, the United Kingdom, and Canada have--
                ``(A) condemned the violent crackdown on peaceful
            protestors;
                ``(B) refused to accept the results of the fraudulent
            election; and
                ``(C) called for new free and fair elections under
            independent observation.''.
        SEC. 323. STATEMENT OF POLICY.
        Section 3 of the Belarus Democracy Act of 2004 (Public Law 109-480;
    22 U.S.C. 5811 note) is amended to read as follows:
    ``SEC. 3. STATEMENT OF POLICY.
        ``It is the policy of the United States--
            ``(1) to condemn--
                ``(A) the conduct of the August 9, 2020, presidential
            election in Belarus, which was neither free nor fair;
                ``(B) the Belarusian authorities' unrelenting crackdown on,
            arbitrary arrests of, and violence against opposition
            candidates, peaceful protestors, human rights activists,
            employees from state-owned enterprises participating in
            strikes, independent election observers, and independent
            journalists and bloggers; and
                ``(C) the unjustified detention and forced or attempted
            expulsion of members of the Coordination Council in Belarus;
            ``(2) to continue demanding the immediate release without
        preconditions of all political prisoners in Belarus and those
        arrested for peacefully protesting, including all those individuals
        detained in connection with the August 9, 2020, presidential
        election;
            ``(3) to stand in solidarity with the people of Belarus,
        including human rights defenders, bloggers, and journalists, who
        are exercising their right to freedom of assembly, freedom of
        expression, and rule of law and to continue supporting the
        aspirations of the people of Belarus for democracy, human rights,
        and the rule of law;
            ``(4) to continue actively supporting the aspirations of the
        people of the Republic of Belarus--
                ``(A) to preserve the independence and sovereignty of their
            country; and
                ``(B) to freely exercise their religion, including the head
            of the Catholic Church in Belarus, Archbishop Tadeusz
            Kondrusiewicz, who was barred from entering the country after
            criticizing Belarusian authorities;
            ``(5) to recognize the leading role of women in the peaceful
        protests and pro-democracy movement in Belarus;
            ``(6) to continue--
                ``(A) rejecting the invalid results of the fraudulent
            August 9, 2020 presidential election in Belarus announced by
            the Central Election Commission of the Republic of Belarus; and
                ``(B) supporting calls for new presidential and
            parliamentary elections, conducted in a manner that is free and
            fair according to OSCE standards and under the supervision of
            OSCE observers and independent domestic observers;
            ``(7) to refuse to recognize Alyaksandr Lukashenka as the
        legitimately elected leader of Belarus;
            ``(8) to not recognize any incorporation of Belarus into a
        `Union State' with Russia, since this so-called `Union State' would
        be both an attempt to absorb Belarus and a step to reconstituting
        the totalitarian Soviet Union;
            ``(9) to continue calling for the fulfillment by the Government
        of Belarus of Belarus's freely undertaken obligations as an OSCE
        participating state and as a signatory of the Charter of the United
        Nations;
            ``(10) to support an OSCE role in mediating a dialogue within
        Belarus between the government and genuine representatives of
        Belarusian society;
            ``(11) to recognize the Coordination Council as a legitimate
        institution to participate in a dialogue on a peaceful transition
        of power;
            ``(12) to applaud the commitment by foreign diplomats in Minsk
        to engage with Coordination Council member and Nobel Laureate,
        Svetlana Alexievich, and to encourage an ongoing dialogue with her
        and with other leaders of the democratically-oriented political
        opposition in Belarus;
            ``(13) to urge an expanded United States diplomatic presence in
        Belarus to advocate for the aspirations of the people of Belarus
        for democracy, human rights, and the rule of law;
            ``(14) to encourage the United States Government--
                ``(A) to continue working closely with the European Union,
            the United Kingdom, Canada, and other countries and
            international organizations to promote the principles of
            democracy, the rule of law, and human rights in Belarus; and
                ``(B) to impose targeted sanctions, in coordination with
            the European Union and other international partners, against
            officials in Belarus who are responsible for--
                    ``(i) undermining democratic processes in Belarus; or
                    ``(ii) participating in human rights abuses related to
                political repression in Belarus;
            ``(15) to call on the Government of Belarus to uphold its human
        rights obligations, including those rights enumerated in the
        International Covenant on Civil and Political Rights; and
            ``(16) to support--
                ``(A) the continued territorial integrity of Belarus; and
                ``(B) the right of the Belarusian people to determine their
            future.''.
        SEC. 324. ASSISTANCE TO PROMOTE DEMOCRACY, CIVIL SOCIETY, AND
          SOVEREIGNTY IN BELARUS.
        Section 4 of the Belarus Democracy Act of 2004 (Public Law 109-480;
    22 U.S.C. 5811 note) is amended--
            (1) by amending the section heading to read as follows:
        ``assistance to promote democracy, civil society, and sovereignty
        in belarus.'';
            (2) in subsection (a)--
                (A) in paragraph (1), by striking ``European'' and
            inserting ``Trans-Atlantic''; and
                (B) by redesignating paragraphs (2) and (3) as paragraphs
            (3) and (4), respectively; and
                (C) by inserting after paragraph (1) the following:
            ``(2) To assist the people of Belarus in building the
        sovereignty and independence of their country.'';
            (3) in subsection (b)--
                (A) by inserting ``and Belarusian groups outside of
            Belarus'' after ``indigenous Belarusian groups''; and
                (B) by inserting ``and Belarusian sovereignty'' before the
            period at the end;
            (4) in subsection (c)--
                (A) by striking paragraph (8);
                (B) by redesignating paragraphs (3) through (7) as
            paragraphs (4) through (8), respectively;
                (C) by inserting after paragraph (2) the following:
            ``(3) countering internet censorship and repressive
        surveillance technology that seek to limit free association,
        control access to information, and prevent citizens from exercising
        their rights to free speech;'';
                (D) in paragraph (8), as redesignated, by striking ``and''
            at the end; and
                (E) by adding at the end the following:
            ``(9) supporting the work of women advocating freedom, human
        rights, and human progress;
            ``(10) supporting the development of Belarusian language
        education;
            ``(11) enhancing the development of the private sector,
        particularly the information technology sector, and its role in the
        economy of Belarus, including by increasing the capacity of private
        sector actors, developing business support organizations, offering
        entrepreneurship training, and expanding access to finance for
        small and medium enterprises;
            ``(12) supporting political refugees in neighboring European
        countries fleeing the crackdown in Belarus;
            ``(13) supporting the gathering of evidence on and
        investigating of the human rights abuses in Belarus;
            ``(14) supporting the public health response, including filling
        the information void, in Belarus during the COVID-19 pandemic; and
            ``(15) other activities consistent with the purposes of this
        Act.'';
            (5) by redesignating subsection (d) as subsection (g);
            (6) by inserting after subsection (c) the following:
        ``(d) Sense of Congress.--It is the sense of Congress that, in
    light of the political crisis in Belarus and the unprecedented
    mobilization of the Belarusian people, United States foreign assistance
    to Belarusian civil society should be reevaluated and increased--
            ``(1) to carry out the purposes described in subsection (a);
        and
            ``(2) to include the activities described in subsection (c).
        ``(e) Coordination With European Partners.--In order to maximize
    impact, eliminate duplication, and further the achievement of the
    purposes described in subsection (a), the Secretary of State shall
    ensure coordination with the European Union and its institutions, the
    governments of countries that are members of the European Union, the
    United Kingdom, and Canada.
        ``(f) Report on Assistance.--Not later than 1 year after the date
    of the enactment of the Belarus Democracy, Human Rights, and
    Sovereignty Act of 2020, the Secretary of State, acting through the
    Office of the Coordinator of U.S. Assistance to Europe and Eurasia, and
    in coordination with the Administrator of the United States Agency for
    International Development, shall submit a report to the appropriate
    congressional committees describing the programs and activities carried
    out to achieve the purposes described in subsection (a), including an
    assessment of whether or not progress was made in achieving those
    purposes.''; and
            (7) in subsection (g), as redesignated--
                (A) in the subsection heading, by striking ``Authorization
            of Appropriations'' and all that follows through ``There are''
            and inserting ``Authorization of Appropriations.--There are'';
                (B) by striking ``fiscal years 2007 and 2008'' and
            inserting ``fiscal years 2021 and 2022''; and
                (C) by striking paragraph (2).
        SEC. 325. INTERNATIONAL BROADCASTING, INTERNET FREEDOM, AND ACCESS
          TO INFORMATION IN BELARUS.
        Section 5 of the Belarus Democracy Act of 2004 (Public Law 109-480;
    22 U.S.C. 5811 note) is amended to read as follows:
    ``SEC. 5. INTERNATIONAL BROADCASTING, INTERNET FREEDOM, AND ACCESS TO
    INFORMATION IN BELARUS.
        ``(a) Sense of Congress.--It is the sense of Congress that--
            ``(1) the President should support and reallocate resources to
        radio, television, and internet broadcasting conducted by Radio
        Free Europe/Radio Liberty in languages spoken in Belarus;
            ``(2) the United States should also support other independent
        media providing objective information to the Belarusian people,
        particularly in the Belarusian language;
            ``(3) the President should provide the United States Agency for
        Global Media with a surge capacity (as such term is defined in
        section 316 of the United States International Broadcasting Act (22
        U.S.C. 6216)) for programs and activities in Belarus;
            ``(4) the Chief Executive Officer of the United States Agency
        for Global Media, working through the Open Technology Fund and in
        coordination with the Secretary of State, should expand and
        prioritize efforts to provide anti-censorship technology and
        services to journalists and civil society in Belarus in order to
        enhance their ability to safely access or share digital news and
        information without fear of repercussions or surveillance; and
            ``(5) the United States should continue to condemn the
        Belarusian authorities' crackdown on independent media, including
        the harassment and mass detentions of independent and foreign
        journalists and the denial of accreditation.
        ``(b) Strategy To Promote Expanded Broadcasting, Internet Freedom,
    and Access to Information in Belarus.--
            ``(1) In general.--Not later than 120 days after the date of
        the enactment of the Belarus Democracy, Human Rights, and
        Sovereignty Act of 2020, the Chief Executive Officer of the United
        States Agency for Global Media and the Secretary of State shall
        jointly submit to the appropriate congressional committees a
        comprehensive strategy, including a cost estimate, to carry out the
        following:
                ``(A) Expand independent radio, television, live stream,
            and social network broadcasting and communications in Belarus
            to provide news and information, particularly in the Belarusian
            language, that is credible, comprehensive, and accurate.
                ``(B) Support the development and use of anti-censorship
            and circumvention technologies by the Open Technology Fund and
            the Bureau of Democracy Human Rights and Labor that enable the
            citizens of Belarus to communicate securely and undertake
            internet activities without interference from the Government of
            Belarus.
                ``(C) Assist efforts to overcome attempts by the Government
            of Belarus to disrupt internet access and block content online.
                ``(D) Monitor the cooperation of the Government of Belarus
            with any foreign government or organization for purposes
            related to the censorship or surveillance of the internet,
            including an assessment of any such cooperation in the
            preceding ten years.
                ``(E) Monitor the purchase or receipt by the Government of
            Belarus of any technology or training from any foreign
            government or organization for purposes related to the
            censorship or surveillance of the internet, including an
            assessment of any such purchase or receipt in the preceding ten
            years.
                ``(F) Assist with the protection of journalists who have
            been targeted for free speech activities, including through the
            denial of accreditation.
                ``(G) Provide cyber-attack mitigation services to civil
            society organizations in Belarus.
                ``(H) Provide resources for educational materials and
            training on digital literacy, bypassing internet censorship,
            digital safety, and investigative and analytical journalism for
            independent journalists working in Belarus.
                ``(I) Build the capacity of civil society, media, and other
            nongovernmental and organizations to identify, track, and
            counter disinformation, including from proxies of the
            Government of Russia working at Belarusian state television.
            ``(2) Form.--The report required under paragraph (1) shall be
        transmitted in unclassified form, but may contain a classified
        annex.''.
        SEC. 326. SANCTIONS AGAINST THE GOVERNMENT OF BELARUS.
        Section 6 of the Belarus Democracy Act of 2004 (Public Law 109-480;
    22 U.S.C. 5811 note) is amended--
            (1) in subsection (b)--
                (A) by striking ``December 19, 2010'' each place it appears
            and inserting ``August 9, 2020'';
                (B) in paragraph (2), by inserting ``, peaceful
            protesters,'' after ``all opposition activists'';
                (C) by striking paragraphs (3) and (6); and
                (D) by redesignating paragraphs (4), (5), and (7) as
            paragraphs (3), (4), and (5), respectively;
            (2) in subsection (c)--
                (A) in the subsection heading, by inserting ``and Russian
            Individuals Complicit in the Crackdown That Occurred After the
            August 9, 2020, Election'' after ``Belarus'';
                (B) by redesignating paragraphs (4) and (5) as paragraphs
            (5) and (6), respectively;
                (C) by inserting after paragraph (3) the following:
            ``(4) is a member of the Central Election Commission of Belarus
        or assisted the Commission in manipulating the presidential
        election of August 9, 2020;'';
                (D) in paragraph (5), as redesignated, to read as follows:
            ``(5) is a member of any branch of the security or law
        enforcement services of Belarus, including the KGB, Interior
        Ministry, and OMON special police unit, and is responsible for, or
        complicit in, ordering, controlling, materially assisting,
        sponsoring, or providing financial, material, or technological
        support for, or otherwise directing, the crackdown on opposition
        leaders, journalists, and peaceful protestors that occurred in
        connection with the presidential election of August 9, 2020; or'';
        and
                (E) by adding at the end the following:
            ``(7) is a government official, including at the Information
        Ministry, responsible for the crackdown on independent media,
        including revoking the accreditation of journalists, disrupting
        internet access, and restricting online content;
            ``(8) is an official in the so-called `Union State' between
        Russia and Belarus (regardless of nationality of the individual);
        or
            ``(9) is a Russian individual that has significantly
        participated in the crackdown on independent press or human rights
        abuses related to political repression in Belarus, including the
        Russian propagandists sent to replace local employees at Belarusian
        state media outlets.'';
            (3) in subsection (d)(1), by striking ``the Overseas Private
        Investment Corporation'' and inserting ``the United States
        International Development Finance Corporation'';
            (4) in subsection (e), by striking ``(including any technical
        assistance or grant) of any kind''; and
            (5) in subsection (f)--
                (A) in paragraph (1)(A), by striking ``or by any member or
            family member closely linked to any member of the senior
            leadership of the Government of Belarus'' and inserting ``or by
            the senior leadership of the Government of Belarus or by any
            member or family member closely linked to the senior leadership
            of the Government of Belarus, or an official of the so-called
            `Union State' with Russia''; and
                (B) in paragraph (2)--
                    (i) in subparagraph (A), by adding at the end before
                the semicolon the following: ``, or an official of the so-
                called `Union State' with Russia''; and
                    (ii) in subparagraph (B), by inserting ``, or the so-
                called `Union State' with Russia,'' after ``the Government
                of Belarus''.
        SEC. 327. MULTILATERAL COOPERATION.
        Section 7 of the Belarus Democracy Act of 2004 (Public Law 109-480;
    22 U.S.C. 5811 note) is amended to read as follows:
    ``SEC. 7. MULTILATERAL COOPERATION.
        ``It is the sense of Congress that the President should continue to
    coordinate with the European Union and its institutions, European Union
    member states, the United Kingdom, and Canada to develop a
    comprehensive, multilateral strategy--
            ``(1) to further the purposes of this Act, including, as
        appropriate, encouraging other countries to take measures with
        respect to the Republic of Belarus that are similar to measures
        described in this Act; and
            ``(2) to deter the Government of the Russian Federation from
        undermining democratic processes and institutions in Belarus or
        threatening the independence, sovereignty, and territorial
        integrity of Belarus.''.
        SEC. 328. REPORTS.
        Section 8 of the Belarus Democracy Act of 2004 (Public Law 109-480;
    22 U.S.C. 5811 note) is amended to read as follows:
    ``SEC. 8. REPORTS.
        ``(a) Report on Threat to Sovereignty and Independence of
    Belarus.--
            ``(1) In general.--Not later than 120 days after the date of
        the enactment of the Belarus Democracy, Human Rights, and
        Sovereignty Act of 2020, the Secretary of State, in coordination
        with the Director of National Intelligence and the Secretary of the
        Treasury, shall transmit to the appropriate congressional
        committees a report describing the threat that the Government of
        Russia poses to the sovereignty and independence of Belarus.
            ``(2) Matters to be included.--The report required under
        paragraph (1) shall include--
                ``(A) an assessment of how the Government of Russia is
            exploiting the current political crisis in Belarus to push for
            deeper political and economic control of or integration with
            Belarus;
                ``(B) a description of the economic and energy assets in
            Belarus that the Government of Russia, including Russian state-
            owned or state-controlled companies, controls;
                ``(C) a description of Belarus major enterprises that are
            vulnerable of being taken over by Russian entities amid the
            country's worsening financial crisis;
                ``(D) a description of how and to what ends the Government
            of Russia seeks to augment its military presence in Belarus;
                ``(E) a description of Russian influence over the media and
            information space in Belarus and how the Government of Russia
            uses disinformation and other malign techniques to undermine
            Belarusian history, culture, and language;
                ``(F) a description of other actors in Belarus that the
            Government of Russia uses to advance its malign influence,
            including veterans' organizations and extrajudicial networks;
                ``(G) a description of efforts to undermine Belarusian
            language, cultural, and national symbols, including the
            traditional red and white flag and the `Pahonia' mounted
            knight; and
                ``(H) the identification of Russian individuals and
            government agencies that are significantly supporting or
            involved in the crackdown on peaceful protestors and the
            opposition or the repression of independent media following the
            August 9, 2020, presidential election.
            ``(3) Form.--The report required under this subsection shall be
        transmitted in unclassified form, but may contain a classified
        annex.
        ``(b) Report on Personal Assets of Alyaksandr Lukashenka.--
            ``(1) In general.--Not later than 90 days after the date of the
        enactment of the Belarus Democracy, Human Rights, and Sovereignty
        Act of 2020, the Director of National Intelligence, in consultation
        with the Secretary of the Treasury and the Secretary of State,
        shall submit to the appropriate congressional committees a report
        describing--
                ``(A) the total assets under the direct or indirect control
            of Alyaksandr Lukashenka, including estimated assets and known
            sources of income of Alyaksandr Lukashenka and his immediate
            family members, including assets, investments, bank accounts,
            and other business interests; and
                ``(B) an identification of the most significant senior
            foreign political figures in Belarus, as determined by their
            closeness to Alyaksandr Lukashenka.
            ``(2) Waiver.--The Director of National Intelligence may waive,
        in whole or in part, the reporting requirement under paragraph
        (1)(A) if the Director submits to the appropriate congressional
        committees--
                ``(A) a written justification stating that the waiver is in
            the national interest of the United States; and
                ``(B) a detailed explanation of the reasons therefor.
            ``(3) Form.--The report required under this subsection shall be
        transmitted in unclassified form, but may contain a classified
        annex.''.
        SEC. 329. DEFINITIONS.
        Section 9 of the Belarus Democracy Act of 2004 (Public Law 109-480;
    22 U.S.C. 5811 note) is amended--
            (1) by amending paragraph (1) to read as follows:
            ``(1) Appropriate congressional committees.--The term
        `appropriate congressional committees' means--
                ``(A) the Committee on Foreign Relations of the Senate;
                ``(B) the Committee on Banking, Housing, and Urban Affairs
            of the Senate;
                ``(C) the Committee on Appropriations of the Senate;
                ``(D) the Committee on Foreign Affairs of the House of
            Representatives;
                ``(E) the Committee on Financial Services of the House of
            Representatives; and
                ``(F) the Committee on Appropriations of the House of
            Representatives.''; and
            (2) in paragraph (3)(B)--
                (A) in clause (i), by inserting ``members of the security
            and intelligence services,'' after ``prosecutors,''; and
                (B) in clause (ii), by inserting ``, electoral fraud,
            online censorship, or restrictions on independent media and
            journalists'' after ``public corruption''.
        SEC. 330. DETERMINATION OF BUDGETARY EFFECTS.
        The budgetary effects of this subtitle, for the purpose of
    complying with the Statutory Pay-As-You-Go Act of 2010, shall be
    determined by reference to the latest statement titled ``Budgetary
    Effects of PAYGO Legislation'' for this subtitle, submitted for
    printing in the Congressional Record by the Chairman of the House
    Budget Committee, provided that such statement has been submitted prior
    to the vote on passage.

           Subtitle D--Gandhi-King Scholarly Exchange Initiative Act

        SEC. 331. SHORT TITLE.
        This subtitle may be cited as the ``Gandhi-King Scholarly Exchange
    Initiative Act''.
        SEC. 332. FINDINGS.
        Congress makes the following findings:
            (1) The peoples of the United States and India have a long
        history of friendship and the interests of the peoples of the
        United States, India, and the world will benefit from a stronger
        United States-India partnership.
            (2) Mohandas Karamchand Gandhi and Martin Luther King, Jr.,
        were dedicated leaders fighting for social justice and social
        change, peace, and civil rights in their respective communities,
        and countries and in the world.
            (3) The use of nonviolent civil disobedience is a shared tactic
        that has played a key role in defeating social injustice in India,
        the United States, and in other parts of the world.
            (4) Mohandas Gandhi, who was born on October 2, 1869, was
        murdered on January 30, 1948, after dedicating his life to the
        peaceful empowerment of the people of India and to the end of
        British colonial rule.
            (5) Martin Luther King, Jr., who was born on January 15, 1929,
        was murdered on April 4, 1968, after a life dedicated to peaceful
        movements against segregation, discrimination, racial injustice,
        and poverty.
            (6) In February 1959, Dr. King and his wife, Coretta Scott
        King, traveled throughout India. By the end of his monthlong visit,
        Dr. King said, ``I am more convinced than ever before that the
        method of nonviolent resistance is the most potent weapon available
        to oppressed people in their struggle for justice and human
        dignity.''.
            (7) Fifty years after Dr. King's visit, All India Radio, the
        national radio station of India, discovered a taped message by Dr.
        King that emphasized the intellectual harmony between the messages
        of Dr. King and Mohandas Gandhi on nonviolent social action.
            (8) On August 22, 2011, the Dr. Martin Luther King, Jr.,
        National Memorial opened to the public in Washington, DC. This
        newest memorial on the National Mall pays tribute to Dr. King's
        national and international contributions to world peace through
        nonviolent social change.
            (9) The 116th Congress coincides with both the 150th birth
        anniversary of Mohandas Gandhi and the 90th birth anniversary of
        Dr. Martin Luther King, Jr.
            (10) Mohandas Gandhi, who employed the principle of satyagraha,
        or ``fighting with peace'', has come to represent the moral force
        inspiring many civil and social rights movement around the world.
            (11) Dr. King's effective use of Gandhi's principles was
        instrumental to the American civil rights movement.
            (12) There is a long history of civil and social rights
        movements in the United States and in India. As the relationship
        between the United States and India evolves, a binational
        foundation through which the governments of each country can work
        together and catalyze private investment toward development
        objectives would provide an ongoing, productive institution and
        symbol of the friendship and common ideals of the respective
        governments and their peoples.
            (13) There is a global goal of ending tuberculosis by 2030, the
        United States and India seek a TB-Free India by 2025, and the
        United States-India Gandhi-King Development Foundation, as
        described in this subtitle, could help address gaps across the TB
        value chain in prevention, detection, diagnosis, and treatment, and
        catalyze market-based strategies to bridge the service gap for the
        ``last mile''.
            (14) Leaders in both countries have prioritized the United
        States-India relationship and continue to support a strengthened
        United States-India partnership, recognizing that it will be one of
        the defining partnerships of the 21st century.
        SEC. 333. GANDHI-KING SCHOLARLY EXCHANGE INITIATIVE.
        (a) In General.--In order to further the shared ideals and values
    of Mohandas Gandhi and Martin Luther King, Jr, the Secretary of State
    should establish, in cooperation with the appropriate representatives
    of the Government of India, a professional exchange program known as
    the ``Gandhi-King Scholarly Exchange Initiative''. The initiative
    should be comprised of the following:
            (1) An annual educational forum for scholars from the United
        States and India that focuses on the social justice and human and
        civil rights legacies of Mohandas Gandhi and Martin Luther King,
        Jr., which should--
                (A) be held alternately in the United States and in India;
                (B) include representatives from governments,
            nongovernmental organizations, civic organizations, and
            educational, cultural, women's, civil, and human rights groups,
            including religious and ethnic minorities and marginalized
            communities; and
                (C) focus on studying the works of Gandhi and King, and
            applying their philosophies of nonviolent resistance to
            addressing current issues, including poverty alleviation,
            conflict mitigation, human and civil rights challenges, refugee
            crises, and threats to democracy and democratic norms in
            countries around the world.
            (2) An undergraduate, graduate, and post-graduate student
        exchange for students in the United States and India to--
                (A) study the history and legacies of Martin Luther King,
            Jr., and Mohandas Gandhi; and
                (B) research, develop, and recommend best practices
            relating to peace, nonviolence, and reconciliation in current
            conflict regions.
        (b) Sunset.--The authorities provided under this section shall
    terminate on the date that is five years after the date of enactment of
    this Act.
        SEC. 334. GANDHI-KING GLOBAL ACADEMY.
        (a) In General.--The president and chief executive officer of the
    United States Institute of Peace should create a professional
    development training initiative on conflict resolution tools based on
    the principles of nonviolence. Such training initiative shall be known
    as the Gandhi-King Global Academy and should--
            (1) include representatives from governments, nongovernmental
        organizations, civic organizations, and educational, cultural,
        women's, civil, and human rights groups, including religious and
        ethnic minorities and marginalized communities in countries with
        ongoing political, social, ethnic, or violent conflict;
            (2) include a specific focus on the success of nonviolent
        movements, inclusion, and representation in conflict resolution;
            (3) develop a curriculum on conflict resolution tools based on
        the principles of nonviolence; and
            (4) make the curriculum publicly available online, in person,
        and through a variety of media.
        (b) Prohibition.--The United States Institute of Peace may not, in
    the course of any activity authorized by subsection (a), enter into any
    contract with an outside entity to conduct advocacy on its behalf.
        (c) Sunset.--The authorities provided under this section shall
    terminate on the date that is five years after the date of enactment of
    this Act.
        SEC. 335. ESTABLISHMENT OF THE UNITED STATES-INDIA GANDHI-KING
          DEVELOPMENT FOUNDATION.
        (a) Establishment.--The Administrator of the United States Agency
    for International Development (USAID), with the concurrence of the
    Secretary of State and in coordination with appropriate counterparts in
    the Government of India, is authorized to establish, on such terms and
    conditions as are determined necessary, one or more legal entities to
    compose the United States-India Gandhi-King Development Foundation (in
    this section referred to as the ``Foundation''). Each such legal entity
    within the Foundation shall be organized under the laws of India and
    shall not be considered to be an agency or establishment of the United
    States Government and shall not have the full faith and credit of the
    United States.
        (b) Functions.--The Foundation, through one or more entities
    referred to in subsection (a)--
            (1) shall identify development priorities and administer and
        oversee competitively-awarded grants to private nongovernmental
        entities to address such priorities in India, including--
                (A) health initiatives addressing tuberculosis (TB), water,
            sanitation, and health (WASH), and pollution and related health
            impacts (PHI);
                (B) pollution, plastic waste reduction, and climate-related
            shocks;
                (C) education; and
                (D) empowerment of women;
            (2) should provide credible platforms and models, including
        returnable capital to attract and blend public and private capital,
        which can then be deployed efficiently and effectively to address
        the priorities identified in paragraph (1).
        (c) Additionality.--
            (1) In general.--Before an entity within the Foundation makes a
        grant under subsection (b)(1) to address a priority identified
        under such subsection, the Foundation shall ensure that private
        sector entities are afforded an opportunity to support the projects
        funded by such grants.
            (2) Safeguards, policies, and guidelines.--The Foundation shall
        develop appropriate safeguards, policies, and guidelines to ensure
        that grants made under subsection (b)(1) operate according to
        internationally recognized best practices and standards, including
        for transparency and accountability.
        (d) Limitations.--No party receiving a grant made under subsection
    (b)(1) may receive such grant in an amount that is more than five
    percent of amounts appropriated or otherwise made available under
    section 337(a)(3) to the entity in the Foundation making such grant.
        (e) Governing Council.--
            (1) Purpose.--The Government of the United States and the
        Government of India shall convene a Governing Council to provide
        guidance and direction to the Foundation.
            (2) Appointment of members.--The Administrator of the United
        States Agency for International Development, with the concurrence
        of the Secretary of State, shall appoint a majority of the
        Governing Council of the Foundation for a period of five years
        following the establishment of the Foundation.
            (3) Charter.--The Governing Council of the Foundation shall
        adopt a charter for the operation of the Foundation, which shall
        include provisions to--
                (A) identify development priorities or a process to
            identify development priorities;
                (B) define criteria for application, merit review, and
            transparent, competitive awarding of grants by the Foundation;
                (C) establish an annual organization-wide audit by an
            independent auditor in accordance with generally accepted
            auditing standards, the results of which shall be made
            immediately available to the Board, the Administrator of the
            United States Agency for International Development, and the
            appropriate Government of India counterpart;
                (D) assist in the creation of project specific timetables
            for each of the projects funded by a grant from the Foundation;
                (E) establish an oversight role and march-in audit rights
            for the Administrator of the United States Agency for
            International Development and the appropriate Government of
            India counterpart; and
                (F) establish an annual report on the activities of the
            Foundation to be made publicly available.
        (f) Publicly Available Project Information.--The Foundation shall
    maintain a user-friendly, publicly available, machine readable database
    with detailed project level information, as appropriate, including a
    description of the grants made by the Foundation under this section and
    project level performance metrics.
        (g) Detail of United States Government Personnel to the
    Foundation.--
            (1) In general.--Whenever the Administrator of the United
        States Agency for International Development or the Secretary of
        State determines it to be in furtherance of the purposes of this
        subtitle, the Administrator and the Secretary are authorized to
        detail or assign any officer or employee of the Agency or the
        Department, respectively, to any position in the Foundation to
        provide technical, scientific, or professional assistance to the
        Foundation or, in cooperation with the Foundation, to implementing
        partners of the Foundation, without reimbursement to the United
        States Government.
            (2) Status.--Any United States Government officer or employee,
        while detailed or assigned under this subsection, shall be
        considered, for the purpose of preserving their allowances,
        privileges, rights, seniority, and other benefits as such, an
        officer or employee of the United States Government and of the
        agency of the United States Government from which detailed or
        assigned, and shall continue to receive compensation, allowances,
        and benefits from program funds appropriated to that agency or made
        available to that agency for purposes related to the activities of
        the detail or assignment, in accordance with authorities related to
        their employment status and agency policies.
            (3) Sunset.--The authorities provided under this subsection
        shall terminate on the date that is five years after the
        establishment of the Foundation.
        SEC. 336. REPORTING REQUIREMENTS.
        (a) Initial Reports.--Not later than 120 days after the date of the
    enactment of this Act--
            (1) the Secretary of State shall submit to the Committee on
        Foreign Affairs and the Committee on Appropriations of the House of
        Representatives and the Committee on Foreign Relations and the
        Committee on Appropriations of the Senate a report on the Secretary
        of State's plan to establish the initiative authorized under
        section 333;
            (2) the president and chief executive officer of the United
        States Institute of Peace shall submit to the Committee on Foreign
        Affairs and the Committee on Appropriations of the House of
        Representatives and the Committee on Foreign Relations and the
        Committee on Appropriations of the Senate a report on the president
        and chief executive officer's plan to establish the initiative
        authorized under section 334; and
            (3) the Administrator of the United States Agency for
        International Development shall submit to the Committee on Foreign
        Affairs and the Committee on Appropriations of the House of
        Representatives and the Committee on Foreign Relations and the
        Committee on Appropriations of the Senate a report on the
        Administrator's plan to establish the organization authorized under
        section 335.
        (b) Periodic Updates.--The Secretary of State, president and chief
    executive officer of the United States Institute of Peace, and
    Administrator of the United States Agency for International Development
    shall submit to the committees described in subsection (a)(3) an update
    on a semiannual basis regarding the progress in implementing each of
    the initiatives or establishing the organization referred to in such
    subsection.
        SEC. 337. AUTHORIZATION OF APPROPRIATIONS.
        (a) In General.--There is authorized to be appropriated to carry
    out--
            (1) section 333, up to $1,000,000 for each of fiscal years 2021
        through 2025 to the Secretary of State
            (2) section 334, up to $2,000,000 for fiscal year 2021 to the
        United States Institute of Peace;
            (3) section 335, up to $30,000,000 for fiscal year 2021 to the
        Administrator of the United States Agency for International
        Development; and
            (4) section 335, up to an additional $15,000,000 for each of
        fiscal years 2022 through 2025 to the Administrator of the United
        States Agency for International Development, if the private sector
        in India commits amounts equal to that contributed by the United
        States.
        (b) Sense of Congress on Foreign Assistance Funds.--It is the sense
    of Congress that the authorization of appropriations under subsection
    (a) should be renewable for one or more periods of not more than 5
    years if--
            (1) authorized by Congress; and
            (2) the Secretary of State, in consultation with the
        Administrator of the United States Agency for International
        Development, determines that the Foundation's work is successful in
        addressing the priorities identified in section 335(b)(1) and that
        the private sector in India has committed funds to the Foundation
        in accordance with subsection (a)(4).

               Subtitle E--Tibetan Policy and Support Act of 2020

        SEC. 341. MODIFICATIONS TO AND REAUTHORIZATION OF TIBETAN POLICY
          ACT OF 2020.
        (a) Tibetan Negotiations.--Section 613 of the Tibetan Policy Act of
    2002 (22 U.S.C. 6901 note) is amended--
            (1) in subsection (a)--
                (A) in paragraph (1)--
                    (i) by inserting ``without preconditions'' after ``a
                dialogue'';
                    (ii) by inserting ``or democratically-elected leaders
                of the Tibetan community'' after ``his representatives'';
                and
                    (iii) by inserting before the period at the end the
                following: ``and should coordinate with other governments
                in multilateral efforts toward this goal'';
                (B) by redesignating paragraph (2) as paragraph (3); and
                (C) by inserting after paragraph (1) the following new
            paragraph:
            ``(2) Policy communication.--The Secretary of State shall
        ensure that, in accordance with this Act, United States policy on
        Tibet, as coordinated by the United States Special Coordinator for
        Tibetan Issues, is communicated to all Federal departments and
        agencies in contact with the Government of the People's Republic of
        China.'';
            (2) in subsection (b)--
                (A) in the matter preceding paragraph (1)--
                    (i) by striking ``until December 31, 2021'' and
                inserting ``until December 31, 2031''; and
                    (ii) by inserting ``and direct the Department of State
                to make public on its website'' after ``appropriate
                congressional committees'';
                (B) in paragraph (1), by striking ``; and'' and inserting a
            semicolon;
                (C) in paragraph (2), by striking the period at the end and
            inserting ``; and'' ; and
                (D) by adding at the end the following new paragraph:
            ``(3) the steps taken by the United States Government to
        promote the human rights and distinct religious, cultural,
        linguistic, and historical identity of the Tibetan people,
        including the right of the Tibetan people to select, educate, and
        venerate their own religious leaders in accordance with their
        established religious practice and system.''.
        (b) Tibet Project Principles.--Section 616 of such Act (22 U.S.C.
    6901 note) is amended--
            (1) in subsection (d)--
                (A) in paragraph (5), by inserting ``human rights,'' after
            ``respect Tibetan'';
                (B) in paragraph (8), by striking ``; and'' and inserting a
            semicolon;
                (C) in paragraph (9)--
                    (i) by inserting ``involuntary or coerced'' after ``nor
                facilitate the''; and
                    (ii) by striking the period at the end and inserting
                ``; and''; and
                (D) by adding at the end the following new paragraph:
            ``(10) neither provide incentive for, nor facilitate the
        involuntary or coerced relocation of, Tibetan nomads from their
        traditional pasturelands into concentrated settlements.'';
            (2) by adding at the end the following new subsections:
        ``(e) United States Assistance.--
            ``(1) In general.--The President is authorized to provide
        assistance to nongovernmental organizations to support inclusive
        economic growth, resilience, global health, education,
        environmental stewardship, and cultural and historical preservation
        for Tibetan communities in Tibet, in accordance with the principles
        specified in subsection (d).
            ``(2) Coordination.--Assistance authorized under paragraph (1)
        shall be carried out in coordination with the United States Special
        Coordinator for Tibetan Issues in accordance with section 621(d).
        ``(f) Private Sector Investment.--The Secretary of State, in
    coordination with the Secretary of Commerce, should--
            ``(1) encourage United States businesses and individuals that
        are engaged in commerce or investing in enterprises in Tibet to be
        guided by the principles specified in subsection (d) and the United
        Nations Guiding Principles on Business and Human Rights; and
            ``(2) hold regular consultations with businesses and
        individuals that are engaged in commerce or are investing in
        enterprises in Tibet about the principles referenced in paragraph
        (1) and the business practices of such businesses and individuals
        in Tibet.''.
        (c) Diplomatic Representation Relating to Tibet.--Section 618 of
    such Act (22 U.S.C. 6901 note) is amended to read as follows:
        ``SEC. 618. DIPLOMATIC REPRESENTATION RELATING TO TIBET.
        ``(a) United States Consulate in Lhasa, Tibet.--The Secretary
    should seek to establish a United States consulate in Lhasa, Tibet--
            ``(1) to provide consular services to United States citizens
        traveling in Tibet; and
            ``(2) to monitor political, economic, and cultural developments
        in Tibet.
        ``(b) Policy.--The Secretary may not authorize the establishment in
    the United States of any additional consulate of the People's Republic
    of China until such time as a United States consulate in Lhasa, Tibet,
    is established under subsection (a).
        ``(c) Waiver.--The Secretary may waive the requirement under
    subsection (b), notwithstanding the lack of a United States consulate
    in Lhasa, not less than 30 days after the Secretary determines and
    reports to the appropriate congressional committees that it is in the
    national security interests of the United States to waive such
    requirements and submits to the appropriate congressional committees a
    report including--
            ``(1) a specific and detailed rationale for the determination
        that the waiver is in the national security interests of the United
        States; and
            ``(2) a description of the efforts by the Department of State
        to seek the establishment of a United States consulate in Lhasa.''.
        (d) Religious Persecution in Tibet.--Section 620(b) of such Act (22
    U.S.C. 6901 note) is amended by inserting before the period at the end
    the following: ``, including with respect to the reincarnation system
    of Tibetan Buddhism''.
        (e) United States Special Coordinator for Tibetan Issues.--Section
    621 of such Act (22 U.S.C. 6901 note) is amended--
            (1) by amending subsection (c) to read as follows:
        ``(c) Objectives.--The objectives of the Special Coordinator are
    to--
            ``(1) promote substantive dialogue without preconditions,
        between the Government of the People's Republic of China and the
        Dalai Lama, his or her representatives, or democratically elected
        leaders of the Tibetan community, or explore activities to improve
        prospects for dialogue, that leads to a negotiated agreement on
        Tibet;
            ``(2) coordinate with other governments in multilateral efforts
        towards the goal of a negotiated agreement on Tibet;
            ``(3) encourage the Government of the People's Republic of
        China to address the aspirations of the Tibetan people with regard
        to their distinct historical, cultural, religious, and linguistic
        identity;
            ``(4) promote the human rights of the Tibetan people;
            ``(5) promote activities to preserve environment and water
        resources of the Tibetan plateau;
            ``(6) encourage that any initiatives or activities for Tibetan
        communities in the Tibet Autonomous Region are conducted in
        accordance with the principles espoused in section 616(d); and
            ``(7) promote access to Tibet in accordance with the Reciprocal
        Access to Tibet Act of 2018 (Public Law 115-330).'';
            (2) in subsection (d)--
                (A) in paragraph (5), by striking ``; and'' and inserting a
            semicolon;
                (B) by redesignating paragraph (6) as paragraph (8); and
                (C) by inserting after paragraph (5) the following new
            paragraphs:
            ``(6) provide guidance with respect to all projects carried out
        pursuant to assistance provided under section 616(e);
            ``(7) seek to establish international diplomatic coalitions
        to--
                ``(A) oppose any effort by the Government of the People's
            Republic of China to select, educate, and venerate Tibetan
            Buddhist religious leaders in a manner inconsistent with the
            principle that the succession or identification of Tibetan
            Buddhist lamas, including the Dalai Lama, should occur without
            interference, in a manner consistent with traditional practice;
            and
                ``(B) ensure that the identification and installation of
            Tibetan Buddhist religious leaders, including any future Dalai
            Lama, is determined solely within the Tibetan Buddhist faith
            community, in accordance with the internationally-recognized
            right to religious freedom; and''; and
            (3) by adding at the end the following new subsection:
        ``(e) Personnel.--The Secretary shall ensure that the Office of the
    Special Coordinator is adequately staffed at all times to assist in the
    management of the responsibilities of this section.''.
        SEC. 342. STATEMENT OF POLICY REGARDING THE SUCCESSION OR
          REINCARNATION OF THE DALAI LAMA.
        (a) Findings.--Congress finds the following:
            (1) Tibetan Buddhism is practiced in many countries including
        Bhutan, India, Mongolia, Nepal, the People's Republic of China, the
        Russian Federation, and the United States, yet the Government of
        the People's Republic of China has repeatedly insisted on its role
        in managing the selection of Tibet's next spiritual leader, the
        Dalai Lama, through actions such as those described in the
        ``Measures on the Management of the Reincarnation of Living
        Buddhas'' in 2007.
            (2) On March 19, 2019, Chinese Ministry of Affairs spokesperson
        reiterated that the ``reincarnation of living Buddhas including the
        Dalai Lama must comply with Chinese laws and regulations and follow
        religious rituals and historical conventions''.
            (3) The Government of the People's Republic of China has
        interfered in the process of recognizing a successor or
        reincarnation of Tibetan Buddhist leaders, including in 1995 by
        arbitrarily detaining Gedhun Choekyi Nyima, a 6-year old boy who
        was identified as the 11th Panchen Lama, and purporting to install
        its own candidate as the Panchen Lama.
            (4) The 14th Dalai Lama, Tenzin Gyatso, issued a statement on
        September 24, 2011, explaining the traditions and spiritual
        precepts of the selection of Dalai Lamas, setting forth his views
        on the considerations and process for selecting his successor, and
        providing a response to the Chinese government's claims that only
        the Chinese government has the ultimate authority in the selection
        process of the Dalai Lama.
            (5) The 14th Dalai Lama said in his statement that the person
        who reincarnates has sole legitimate authority over where and how
        he or she takes rebirth and how that reincarnation is to be
        recognized and if there is a need for a 15th Dalai Lama to be
        recognized, then the responsibility shall primarily rest with the
        officers of the Dalai Lama's Gaden Phodrang Trust, who will be
        informed by the written instructions of the 14th Dalai Lama.
            (6) Since 2011, the 14th Dalai Lama has reiterated publicly on
        numerous occasions that decisions on the successions, emanations,
        or reincarnations of the Dalai Lama belongs to the Tibetan Buddhist
        faith community alone.
            (7) On June 8, 2015, the United States House of Representatives
        unanimously approved House Resolution 337 which calls on the United
        States Government to ``underscore that government interference in
        the Tibetan reincarnation process is a violation of the
        internationally recognized right to religious freedom . . . and to
        highlight the fact that other countries besides China have long
        Tibetan Buddhist traditions, and that matters related to
        reincarnations in Tibetan Buddhism are of keen interest to Tibetan
        Buddhist populations worldwide''.
            (8) On April 25, 2018, the United States Senate unanimously
        approved Senate Resolution 429 which ``expresses its sense that the
        identification and installation of Tibetan Buddhist religious
        leaders, including a future 15th Dalai Lama, is a matter that
        should be determined solely within the Tibetan Buddhist faith
        community, in accordance with the inalienable right to religious
        freedom''.
            (9) The Department of State's Report on International Religious
        Freedom for 2018 reported on policies and efforts of the Government
        of the People's Republic of China to exert control over the
        selection of Tibetan Buddhist religious leaders, including
        reincarnate lamas, and stated that ``[United States] officials
        underscored that decisions on the reincarnation of the Dalai Lama
        should be made solely by faith leaders.''.
        (b) Statement of Policy.--It is the policy of the United States
    that--
            (1) decisions regarding the selection, education, and
        veneration of Tibetan Buddhist religious leaders are exclusively
        spiritual matters that should be made by the appropriate religious
        authorities within the Tibetan Buddhist tradition and in the
        context of the will of practitioners of Tibetan Buddhism;
            (2) the wishes of the 14th Dalai Lama, including any written
        instructions, should play a key role in the selection, education,
        and veneration of a future 15th Dalai Lama; and
            (3) interference by the Government of the People's Republic of
        China or any other government in the process of recognizing a
        successor or reincarnation of the 14th Dalai Lama and any future
        Dalai Lamas would represent a clear abuse of the right to religious
        freedom of Tibetan Buddhists and the Tibetan people.
        (c) Holding Chinese Officials Responsible for Religious Freedom
    Abuses Targeting Tibetan Buddhists.--It is the policy of the United
    States to take all appropriate measures to hold accountable senior
    officials of the Government of the People's Republic of China or the
    Chinese Communist Party who directly interfere with the identification
    and installation of the future 15th Dalai Lama of Tibetan Buddhism,
    successor to the 14th Dalai Lama, including by--
            (1) imposing sanctions pursuant to the Global Magnitsky Human
        Rights Accountability Act (22 U.S.C. 2656 note); and
            (2) prohibiting admission to the United States under section
        212(a)(2)(G) of the Immigration and Nationality Act (8 U.S.C.
        1182(a)(2)(G)).
        (d) Department of State Programming to Promote Religious Freedom
    for Tibetan Buddhists.--Consistent with section 401 of the Frank R.
    Wolf International Religious Freedom Act (Public Law 114-281; 130 Stat.
    1436), the Ambassador-at-Large for International Religious Freedom
    should support efforts to protect and promote international religious
    freedom in China and for programs to protect Tibetan Buddhism in China
    and elsewhere.
        SEC. 343. POLICY REGARDING THE ENVIRONMENT AND WATER RESOURCES ON
          THE TIBETAN PLATEAU.
        (a) Findings.--Congress finds the following:
            (1) The Tibetan Plateau contains glaciers, rivers, grasslands,
        and other geographical and ecological features that are crucial for
        supporting vegetation growth and biodiversity and regulating water
        flow and supply for an estimated 1,800,000,000 people.
        Environmental changes threaten the glaciers in Tibet that feed the
        major rivers of South and East Asia, which supply freshwater to an
        estimated 1,800,000,000 people.
            (2) Several factors, including temperature changes, large
        government-backed infrastructure projects, and resettlement of
        Tibetan nomads, are likely to result in variable water flows in the
        future.
            (3) The grasslands of Tibet play a significant role in carbon
        production and sequestration and Tibet's rivers support wetlands
        that play a key role in water storage, water quality, and the
        regulation of water flow, support biodiversity, foster vegetation
        growth, and act as carbon sinks.
            (4) Traditional Tibetan grassland stewardship practices, which
        can be key to mitigating the negative effects of environmental
        changes on the Tibetan Plateau, are undermined by the resettlement
        of nomads from Tibetan grasslands.
            (5) The People's Republic of China has approximately 20 percent
        of the world's population but only around 7 percent of the world's
        water supply, while many countries in South and Southeast Asia rely
        on the rivers flowing from the Himalayas of the Tibetan Plateau.
            (6) The People's Republic of China has already completed water
        transfer programs diverting billions of cubic meters of water
        yearly and has plans to divert more waters from the Tibetan plateau
        in China.
        (b) Water Resources in Tibet and the Tibetan Watershed.--The
    Secretary of State, in coordination with relevant agencies of the
    United States Government, should--
            (1) pursue collaborative efforts with Chinese and international
        scientific institutions, as appropriate, to monitor the environment
        on the Tibetan Plateau, including glacial retreat, temperature
        rise, and carbon levels, in order to promote a greater
        understanding of the effects on permafrost, river flows, grasslands
        and desertification, and the monsoon cycle;
            (2) engage with the Government of the People's Republic of
        China, the Tibetan people, and nongovernmental organizations to
        encourage the participation of Tibetan nomads and other Tibetan
        stakeholders in the development and implementation of grassland
        management policies, in order to utilize their indigenous
        experience in mitigation and stewardship of the land and to assess
        policies on the forced resettlement of nomads; and
            (3) encourage a regional framework on water security, or use
        existing frameworks, such as the Lower Mekong Initiative, to
        facilitate cooperative agreements among all riparian nations that
        would promote transparency, sharing of information, pollution
        regulation, and arrangements on impounding and diversion of waters
        that originate on the Tibetan Plateau.
        SEC. 344. DEMOCRACY IN THE TIBETAN EXILE COMMUNITY.
        (a) Findings.--Congress finds the following:
            (1) The 14th Dalai Lama advocates the Middle Way Approach,
        which seeks genuine autonomy for the 6,000,000 Tibetans in Tibet.
            (2) The 14th Dalai Lama has overseen a process of
        democratization within the Tibetan polity and devolved his
        political responsibilities to the elected representatives of the
        Tibetan people in exile in 2011.
            (3) In 2011 and again in 2016, members of the Tibetan exile
        community across some 30 countries held free and fair elections to
        select political leaders to serve in the Central Tibetan
        Administration parliament and as chief executive.
            (4) The Dalai Lama has said that the Central Tibetan
        Administration will cease to exist once a negotiated settlement has
        been achieved that allows Tibetans to freely enjoy their culture,
        religion, and language in Tibet.
        (b) Sense of Congress.--It is the sense of Congress that--
            (1) Tibetan exile communities around the world should be
        commended for the adoption of a system of self-governance with
        democratic institutions to choose their leaders;
            (2) the Dalai Lama should be commended for his decision to
        devolve political authority to elected leaders in accordance with
        democratic principles;
            (3) as of the date of the enactment of this Act, the Central
        Tibetan Administration is the institution that represents and
        reflects, to the greatest extent, the aspirations of the Tibetan
        diaspora around the world, and the Sikyong is the President of the
        Central Tibetan Administration; and
            (4) as consistent with section 621(d)(3) of the Tibetan Policy
        Act of 2002 (22 U.S.C. 6901 note), the United States Special
        Coordinator for Tibetan Issues should continue to maintain close
        contact with the religious, cultural, and political leaders of the
        Tibetan people.
        SEC. 345. SUSTAINABILITY IN TIBETAN COMMUNITIES SEEKING TO PRESERVE
          THEIR CULTURE, RELIGION, AND LANGUAGE.
        The Secretary of State should urge the Government of Nepal to honor
    the Gentleman's Agreement with the United Nations High Commissioner for
    Refugees and the Government of India, which commits the Government of
    Nepal to respect the principle of non-refoulement by continuing to give
    Tibetan new arrivals access to the territory of Nepal and allowing them
    safe passage through Nepal to India.
        SEC. 346. AUTHORIZATION OF APPROPRIATIONS.
        (a) Office of the United States Special Coordinator for Tibetan
    Issues.--There is authorized to be appropriated $1,000,000 for each of
    the fiscal years 2021 through 2025 for the Office of the United States
    Special Coordinator for Tibetan Issues.
        (b) Tibetan Scholarship Program and Ngawang Choephel Exchange
    Programs.--
            (1) Tibetan scholarship program.--There is authorized to be
        appropriated $675,000 for each of the fiscal years 2021 through
        2025 to carry out the Tibetan scholarship program established under
        section 103(b)(1) of the Human Rights, Refugee, and Other Foreign
        Relations Provisions Act of 1996 (Public Law 104-319; 22 U.S.C.
        2151 note).
            (2) Ngawang choephel exchange programs.--There is authorized to
        be appropriated $575,000 for each of the fiscal years 2021 through
        2025 to carry out the ``Ngawang Choephel Exchange Programs''
        (formerly known as ``programs of educational and cultural exchange
        between the United States and the people of Tibet'') under section
        103(a) of the Human Rights, Refugee, and Other Foreign Relations
        Provisions Act of 1996 (Public Law 104-319; 110 Stat. 3865).
        (c) Humanitarian Assistance and Support to Tibetan Refugees in
    South Asia.--Amounts authorized to be appropriated or otherwise made
    available to carry out chapter 9 of part I of the Foreign Assistance
    Act of 1961 (22 U.S.C. 2292 et seq.) and the Migration and Refugee
    Assistance Act of 1962 (Public Law 87-510) for each of the fiscal years
    2021 through 2025 are authorized to be made available for humanitarian
    assistance, including food, medicine, clothing, and medical and
    vocational training, for Tibetan refugees in South Asia who have fled
    facing a credible threat of persecution in the People's Republic of
    China.
        (d) Tibetan Autonomous Region and Tibetan Communities in China.--
    There is authorized to be appropriated $8,000,000 for each year of the
    fiscal years 2021 through 2025 under chapter 4 of part II of the
    Foreign Assistance Act of 1961 (22 U.S.C. 2346 et seq.) to support
    activities for Tibetan communities in the Tibet Autonomous Region and
    in other Tibetan communities in China that are conducted in accordance
    with subsection 616(d) of the Tibetan Policy Act of 2002 (22 U.S.C.
    6901 note).
        (e) Assistance for Tibetans in India and Nepal.--There is
    authorized to be appropriated $6,000,000 for each of the fiscal years
    2021 through 2025 under chapter 4 of part II of the Foreign Assistance
    Act of 1961 (22 U.S.C. 2346 et seq.) for programs to promote and
    preserve Tibetan culture and language development, and the resilience
    of Tibetan communities in India and Nepal, and to assist in the
    education and development of the next generation of Tibetan leaders
    from such communities.
        (f) Tibetan Governance.--There is authorized to be appropriated
    $3,000,000 for each of the fiscal years 2021 through 2025 under chapter
    4 of part II of the Foreign Assistance Act of 1961 (22 U.S.C. 2346 et
    seq.) for programs to strengthen the capacity of Tibetan institutions
    and strengthen democracy, governance, information and international
    outreach, and research.
        (g) Voice of America and Radio Free Asia.--
            (1) Voice of america.--There is authorized to be appropriated
        $3,344,000 for each of the fiscal years 2021 through 2025 to Voice
        of America for broadcasts described in paragraph (3).
            (2) Radio free asia.--There is authorized to be appropriated
        $4,060,000 for each of the fiscal years 2021 through 2025 to Radio
        Free Asia for broadcasts described in paragraph (3).
            (3) Broadcasts described.--Broadcasts described in this
        paragraph are broadcasts to provide uncensored news and information
        in the Tibetan language to Tibetans, including Tibetans in Tibet.

     Subtitle F--The United States - Northern Triangle Enhanced Engagement
                                      Act

        SEC. 351. SHORT TITLE.
        This subtitle may be cited as the ``The United States - Northern
    Triangle Enhanced Engagement Act''.
        SEC. 352. STRATEGY TO ADVANCE PROSPERITY, COMBAT CORRUPTION,
          STRENGTHEN DEMOCRATIC GOVERNANCE, AND IMPROVE CIVILIAN SECURITY
          IN EL SALVADOR, GUATEMALA, AND HONDURAS.
        (a) Elements.--Not later than 180 days after the date of the
    enactment of this Act, the Secretary of State, in coordination with the
    Administrator of the United States Agency for International
    Development, and the heads of other relevant Federal agencies, shall
    submit to the appropriate congressional committees a 5-year strategy to
    advance economic prosperity, combat corruption, strengthen democratic
    governance, and improve civilian security in El Salvador, Guatemala,
    and Honduras and to curb irregular migration from the region.
        (b) Consideration.--In developing the strategy required under this
    section, the Secretary of State should consider the following
    priorities:
            (1) Promoting economic prosperity, including by--
                (A) supporting market-based solutions to eliminate
            constraints to inclusive economic growth;
                (B) addressing the underlying causes of poverty and
            inequality;
                (C) responding to immediate humanitarian needs by improving
            humanitarian outcomes, including through access to sanitation,
            hygiene, and shelter, and by enabling the provision of health
            resources;
                (D) supporting conservation and community resilience and
            strengthening community preparedness for natural disasters;
                (E) identifying, as appropriate, a role for relevant United
            States agencies and the United States private sector in
            supporting efforts to increase private sector investment and
            advance economic prosperity; and
                (F) improving domestic resource mobilization, including by
            strengthening tax collection and enforcement and legal
            arbitration mechanisms.
            (2) Combating corruption, including by--
                (A) strengthening the capacity of national justice systems
            and attorneys generals to identify and prosecute money
            laundering and other financial crimes and breaking up financial
            holdings of organized criminal syndicates, including illegally
            acquired lands and proceeds from illegal activities;
                (B) strengthening special prosecutorial offices and
            financial institutions to conduct asset forfeitures and
            criminal analysis, and to combat corruption, money laundering,
            financial crimes, extortion, and human rights crimes;
                (C) implementing transparent, merit-based selection
            processes for prosecutors and judges and the development of
            professional and merit-based civil services;
                (D) establishing or strengthening methods, procedures for
            internal and external control mechanisms for the security and
            police services and judiciary; and
                (E) supporting anticorruption efforts through bilateral
            assistance and complementary support through multilateral
            anticorruption mechanisms when necessary.
            (3) Advancing democratic governance, including by--
                (A) strengthening government institutions at the local and
            national levels to provide services and respond to citizen
            needs through transparent, inclusive, and democratic processes;
                (B) strengthening access to information laws and reforming
            laws that currently limit access to information;
                (C) building the capacity of independent media to engage in
            professional investigative journalism;
                (D) ensuring that threats and attacks on journalists, labor
            leaders, human rights defenders, and other members of civil
            society are fully investigated and perpetrators are held
            accountable; and
                (E) strengthening electoral institutions and processes to
            ensure free, fair, and transparent elections.
            (4) Improving security conditions, including by--
                (A) implementing the Central America Regional Security
            Initiative;
                (B) increasing the professionalization of security
            services, including the civilian police and military units;
                (C) combating the illicit activities of transnational
            criminal organizations through support to fully vetted elements
            of attorneys general offices, appropriate government
            institutions, and security services; and
                (D) enhancing the capacity of relevant security services
            and attorneys general to support counternarcotics efforts and
            combat human trafficking, forcible recruitment of children and
            youth by gangs, gender-based violence, and other illicit
            activities, including trafficking of wildlife, and natural
            resources.
        (c) Consultation.--In developing the strategy required under this
    section, the Secretary of State may consult with civil society and the
    private sector in the United States, El Salvador, Guatemala, and
    Honduras.
        (d) Benchmarks.--The strategy required under this section shall
    include annual benchmarks to track the strategy's progress in curbing
    irregular migration from the region to the United States and improving
    conditions in El Salvador, Guatemala, and Honduras by measuring
    progress in key areas, including--
            (1) reducing poverty and unemployment, increasing private
        sector investment, responding to immediate humanitarian needs,
        sustainably reintegrating returnees, supporting conservation and
        community resilience, and addressing forced displacement in
        accordance with the priorities outlined in subsection (b)(1);
            (2) strengthening national justice systems and attorneys
        generals, supporting multilateral anticorruption mechanisms,
        identifying and prosecuting money laundering and other financial
        crimes, breaking up financial holdings of organized criminal
        syndicates, and advancing judicial integrity and investigative
        capacity of local authorities in accordance with the priorities
        outlined in subsection (b)(2);
            (3) strengthening government institutions at the local and
        national levels to provide services and respond to citizen needs
        through transparent, inclusive, and democratic processes, promoting
        human rights, building the capacity of independent media,
        developing the capacity of civil society to conduct oversight,
        affording legal protections for human rights defenders and members
        of civil society, and strengthening electoral institutions in
        accordance with priorities outlined in subsection (b)(3); and
            (4) implementing the objectives stated under the Central
        America Regional Security Initiative and building the capacity of
        civilian security services in accordance with the priorities
        outlined in subsection (b)(4).
        (e) Public Diplomacy.--The strategy required under this section
    shall include a public diplomacy strategy for educating citizens of the
    region about United States assistance and its benefits to them, and
    informing such citizens of the dangers of irregular migration to the
    United States.
        (f) Annual Progress Updates.--Not later than 1 year after the
    submission of the strategy required under this section and annually
    thereafter for 4 years, the Secretary of State shall provide the
    appropriate congressional committees with a written description of
    progress made in meeting the benchmarks established in the strategy.
        (g) Public Availability.--The strategy required under this section
    shall be made publicly available on the website of the Department of
    State. If appropriate, a classified annex may be submitted to the
    appropriate congressional committees.
        (h) Definition.--In this section, the term ``appropriate
    congressional committees'' means--
            (1) the Committee on Foreign Relations and the Committee on
        Appropriations of the Senate; and
            (2) the Committee on Foreign Affairs and the Committee on
        Appropriations of the House of Representatives.
        SEC. 353. TARGETED SANCTIONS TO FIGHT CORRUPTION IN EL SALVADOR,
          GUATEMALA, AND HONDURAS.
        (a) Sense of Congress.--It is the sense of Congress that--
            (1) corruption in El Salvador, Guatemala, and Honduras by
        private citizens and select officials in local, regional, and
        Federal governments significantly damages the economies of such
        countries and deprives citizens of opportunities;
            (2) corruption in El Salvador, Guatemala, and Honduras is
        facilitated and carried out not only by private citizens and select
        officials from those countries but also in many instances by
        individuals from third countries; and
            (3) imposing targeted sanctions on individuals from throughout
        the world and particularly in the Western Hemisphere who are
        engaged in acts of significant corruption that impact El Salvador,
        Guatemala, and Honduras or obstruction of investigations into such
        acts of corruption will benefit the citizens and governments of
        such countries.
        (b) Report Required.--Not later than 180 days after the date of the
    enactment of this Act, and not less frequently than annually
    thereafter, the President shall submit to the appropriate congressional
    committees an unclassified report with classified annex if necessary
    that identifies each foreign person who the President determines to
    have knowingly engaged in actions that undermine democratic processes
    or institutions, or in significant corruption or obstruction of
    investigations into such acts of corruption in El Salvador, Guatemala,
    and Honduras, including the following:
            (1) Corruption related to government contracts.
            (2) Bribery and extortion.
            (3) The facilitation or transfer of the proceeds of corruption,
        including through money laundering.
            (4) Acts of violence, harassment, or intimidation directed at
        governmental and nongovernmental corruption investigators.
        (c) Imposition of Sanctions.--The President shall impose the
    sanctions described in subsection (d) with respect to each foreign
    person identified in the report required under subsection (b).
        (d) Sanctions Described.--
            (1) In general.--The sanctions described in this subsection are
        the following:
                (A) Ineligibility for visas and admission to the united
            states.--In the case of a foreign person who is an individual,
            such foreign person is--
                    (i) inadmissible to the United States;
                    (ii) ineligible to receive a visa or other
                documentation to enter the United States; and
                    (iii) otherwise ineligible to be admitted or paroled
                into the United States or to receive any other benefit
                under the Immigration and Nationality Act (8 U.S.C. 1101 et
                seq.).
                (B) Current visas revoked.--
                    (i) In general.--The issuing consular officer or the
                Secretary of State, (or a designee of the Secretary of
                State) shall, in accordance with section 221(i) of the
                Immigration and Nationality Act (8 U.S.C. 1201(i)), revoke
                any visa or other entry documentation issued to a foreign
                person regardless of when the visa or other entry
                documentation is issued.
                    (ii) Effect of revocation.--A revocation under clause
                (i) shall--

                        (I) take effect immediately; and
                        (II) automatically cancel any other valid visa or
                    entry documentation that is in the foreign person's
                    possession.

            (2) Exception to comply with international obligations.--
        Sanctions under subparagraph (B) and (C) of paragraph (1) shall not
        apply with respect to a foreign person if admitting or paroling
        such person into the United States is necessary to permit the
        United States to comply with the Agreement regarding the
        Headquarters of the United Nations, signed at Lake Success June 26,
        1947, and entered into force November 21, 1947, between the United
        Nations and the United States, or other applicable international
        obligations.
        (e) National Security Waiver.--The President may waive the
    application of the sanctions under subsection (c) if the President--
            (1) determines that such a waiver is in the national security
        interest of the United States; and
            (2) submits to the appropriate congressional committees within
        15 days after such determination a notice of and justification for
        the waiver.
        (f) Termination.--The authority to impose sanctions under
    subsection (b), and any sanctions imposed pursuant to such authority,
    shall expire on the date that is 3 years after the date of the
    enactment of this Act.
        (g) Public Availability.--The unclassified portion of the report
    required by subsection (b) shall be made available to the public,
    including through publication in the Federal Register. In any case in
    which the President concludes that such publication would be harmful to
    the national security of the United States, only a statement that a
    determination or finding has been made by the President, including the
    name and section of the Act under which it was made, shall be
    published.
        (h) Definitions.--In this section, the term ``appropriate
    congressional committees'' means--
            (1) the Committee on Foreign Relations and the Committee on the
        Judiciary of the Senate;
            (2) the Committee on Foreign Affairs and the Committee on the
        Judiciary of the House of Representatives.

                          Subtitle G--Other Provisions

        SEC. 361. OFFICE OF SANCTIONS COORDINATION.
        (a) Office of Sanctions Coordination of the Department of State.--
            (1) In general.--Section 1 of the State Department Basic
        Authorities Act of 1956 (22 U.S.C. 2651a) is amended by adding at
        the end the following new subsection:
        ``(h) Office of Sanctions Coordination.--
            ``(1) In general.--There is established, within the Department
        of State, an Office of Sanctions Coordination (in this subsection
        referred to as the `Office').
            ``(2) Head.--The head of the Office shall--
                ``(A) have the rank and status of ambassador;
                ``(B) be appointed by the President, by and with the advice
            and consent of the Senate; and
                ``(C) report directly to the Secretary of State.
            ``(3) Duties.--The head of the Office shall--
                ``(A) exercise sanctions authorities delegated to the
            Secretary;
                ``(B) serve as the principal advisor to the senior
            management of the Department and the Secretary regarding the
            development and implementation of sanctions policy;
                ``(C) serve as the lead representative of the United States
            in diplomatic engagement on sanctions matters;
                ``(D) consult and closely coordinate with allies and
            partners of the United States, including the United Kingdom,
            the European Union and member countries of the European Union,
            Canada, Australia, New Zealand, Japan, and South Korea, to
            ensure the maximum effectiveness of sanctions imposed by the
            United States and such allies and partners;
                ``(E) serve as the coordinator for the development and
            implementation of sanctions policy with respect to all
            activities, policies, and programs of all bureaus and offices
            of the Department relating to the development and
            implementation of sanctions policy; and
                ``(F) serve as the lead representative of the Department in
            interagency discussions with respect to the development and
            implementation of sanctions policy.
            ``(4) Direct hire authority.--
                ``(A) In general.--The head of the Office may appoint,
            without regard to the provisions of sections 3309 through 3318
            of title 5, United States Code, candidates directly to
            positions in the competitive service, as defined in section
            2102 of that title, in the Office.
                ``(B) Termination.--The authority provided under
            subparagraph (A) shall terminate on the date that is two years
            after the date of the enactment of this subsection.''.
            (2) Conforming amendment.--Section 1(c)(3) of the State
        Department Basic Authorities Act of 1956 (22 U.S.C. 2651a(c)(3)) is
        amended by adding at the end the following new subparagraph:
                ``(C) Coordination.--The Assistant Secretary authorized
            under subparagraph (A) shall coordinate with the Office of
            Sanctions Coordination established under subsection (h) with
            respect to the development and implementation of economic
            sanctions.''.
            (3) Briefing required.--Not later than 60 days after the date
        of the enactment of this Act and every 90 days thereafter until the
        date that is two years after such date of enactment, the Secretary
        of State shall brief the appropriate congressional committees on
        the efforts of the Department of State to establish the Office of
        Sanctions Coordination pursuant to subsection (h) of section 1 of
        the State Department Basic Authorities Act of 1956, as added by
        paragraph (1), including a description of--
                (A) measures taken to implement the requirements of such
            subsection and to establish the Office;
                (B) actions taken by the Office to carry out the duties
            listed in paragraph (3) of such subsection;
                (C) the resources devoted to the Office, including the
            number of employees working in the Office; and
                (D) plans for the use of the direct hire authority provided
            under paragraph (4) of such subsection.
        (b) Coordination With Allies and Partners of the United States.--
            (1) In general.--The Secretary of State shall develop and
        implement mechanisms and programs, as appropriate, through the head
        of the Office of Sanctions Coordination established pursuant to
        subsection (h) of section 1 of the State Department Basic
        Authorities Act of 1956, as added by subsection (a)(1), to
        coordinate the development and implementation of United States
        sanctions policies with allies and partners of the United States,
        including the United Kingdom, the European Union and member
        countries of the European Union, Canada, Australia, New Zealand,
        Japan, and South Korea.
            (2) Information sharing.--The Secretary should pursue the
        development and implementation of mechanisms and programs under
        paragraph (1), as appropriate, that involve the sharing of
        information with respect to policy development and sanctions
        implementation.
            (3) Capacity building.--The Secretary should pursue efforts, in
        coordination with the Secretary of the Treasury and the head of any
        other Federal agency the Secretary considers appropriate, to assist
        allies and partners of the United States, including the countries
        specified in paragraph (1), as appropriate, in the development of
        their legal and technical capacities to develop and implement
        sanctions authorities.
            (4) Exchange programs.--In furtherance of the efforts described
        in paragraph (3), the Secretary, in coordination with the Secretary
        of the Treasury and the head of any other Federal agency the
        Secretary considers appropriate, may enter into agreements with
        counterpart agencies in foreign governments establishing exchange
        programs for the temporary detail of Federal Government employees
        to share information and expertise with respect to the development
        and implementation of sanctions authorities.
            (5) Briefing required.--Not later than 90 days after the date
        of the enactment of this Act and every 180 days thereafter until
        the date that is five years after such date of enactment, the
        Secretary of State shall brief the appropriate congressional
        committees on the efforts of the Department of State to implement
        this section, including a description of--
                (A) measures taken to implement paragraph (1);
                (B) actions taken pursuant to paragraphs (2) through (4);
                (C) the extent of coordination between the United States
            and allies and partners of the United States, including the
            countries specified in paragraph (1), with respect to the
            development and implementation of sanctions policy; and
                (D) obstacles preventing closer coordination between the
            United States and such allies and partners with respect to the
            development and implementation of sanctions policy.
        (c) Sense of Congress.--It is the sense of the Congress that the
    President should appoint a coordinator for sanctions and national
    economic security issues within the framework of the National Security
    Council.
        (d) Appropriate Congressional Committees Defined.--In this section,
    the term ``appropriate congressional committees'' means--
            (1) the Committee on Foreign Relations, the Committee on
        Banking, Housing, and Urban Affairs, the Committee on Homeland
        Security and Governmental Affairs, and the Committee on Finance of
        the Senate; and
            (2) the Committee on Foreign Affairs, the Committee on
        Financial Services, the Committee on Oversight and Reform, and the
        Committee on Way and Means of the House of Representatives.

                TITLE IV--SENATE SERGEANT AT ARMS CLOUD SERVICES

        SEC. 401. SENATE SERGEANT AT ARMS CLOUD SERVICES.
        (a) Section 10 of the Legislative Branch Appropriations Act, 2005
    (2 U.S.C. 6628) is amended--
            (1) by redesignating subsection (b) as subsection (h); and
            (2) by striking subsection (a) and inserting the following:
        ``(a) In General.--In this section--
            ``(1) the term `agent of the Office of the SAA' includes a
        provider of electronic communication service or remote computing
        service commissioned or used through the Office of the SAA by a
        Senate office to provide such services to the Senate office;
            ``(2) the term `electronic communication service' has the
        meaning given that term in section 2510 of title 18, United States
        Code;
            ``(3) the term `Office of the SAA' means the Office of the
        Sergeant at Arms and Doorkeeper of the Senate;
            ``(4) the term `provider for a Senate office' means a provider
        of electronic communication service or remote computing service
        directly commissioned or used by a Senate office to provide such
        services;
            ``(5) the term `remote computing service' has the meaning given
        that term in section 2711 of title 18, United States Code;
            ``(6) the term `Senate data', with respect to a Senate office,
        means any electronic mail or other electronic or data
        communication, other data (including metadata), or other
        information of the Senate office; and
            ``(7) the term `Senate office' means a committee or office of
        the Senate, including a Senator, an officer of the Senate, or an
        employee of, intern at, or other agent of a committee or office of
        the Senate.
        ``(b) Treatment.--
            ``(1) Retaining possession.--
                ``(A) In general.--A Senate office shall be deemed to
            retain possession of any Senate data of the Senate office,
            without regard to the use by the Senate office of any
            individual or entity described in paragraph (2) for the
            purposes of any function or service described in paragraph (2).
                ``(B) Rule of construction.--Subparagraph (A) shall not be
            construed to limit the use by an intended recipient of any
            Senate data from a Senate office.
            ``(2) Sergeant at arms and providers for a senate office.--The
        Office of the SAA, any officer, employee, or agent of the Office of
        the SAA, and any provider for a Senate office shall not be treated
        as acquiring possession, custody, or control of any Senate data by
        reason of its being transmitted, processed, or stored (whether
        temporarily or otherwise) through the use of an electronic system
        established, maintained, or operated, or the use of electronic
        services provided, in whole or in part by the Office of the SAA,
        the officer, employee, or agent of the Office of the SAA, or the
        provider for the Senate office.
        ``(c) Notification.--Notwithstanding any other provision of law or
    rule of civil or criminal procedure, the Office of the SAA, any
    officer, employee, or agent of the Office of the SAA, and any provider
    for a Senate office that is providing services to or used by a Senate
    office shall not be barred, through operation of any court order or any
    statutory provision, from notifying the Senate office of any legal
    process seeking disclosure of Senate data of the Senate office that is
    transmitted, processed, or stored (whether temporarily or otherwise)
    through the use of an electronic system established, maintained, or
    operated, or the use of electronic services provided, in whole or in
    part by the Office of the SAA, the officer, employee, or agent of the
    Office of the SAA, or the provider for a Senate office.
        ``(d) Motions to Quash or Modify.--Upon a motion made promptly by a
    Senate office or provider for a Senate office, a court of competent
    jurisdiction shall quash or modify any legal process directed to the
    provider for a Senate office if compliance with the legal process would
    require the disclosure of Senate data of the Senate office.
        ``(e) Information Regarding Implications of Using Providers.--The
    Office of the SAA, in consultation with the Senate Legal Counsel, shall
    provide information to each Senate office that commissions or uses a
    provider of electronic communication service or remote computing
    service to provide such services to the Senate office regarding the
    potential constitutional implications and the potential impact on
    privileges that may be asserted by the Senate office.
        ``(f) Applicable Privileges.--Nothing in this section shall be
    construed to limit or supersede any applicable privilege, immunity, or
    other objection that may apply to the disclosure of Senate data.
        ``(g) Preemption.--Except as provided in this section, any
    provision of law or rule of civil or criminal procedure of any State,
    political subdivision, or agency thereof, which is inconsistent with
    this section shall be deemed to be preempted and superseded.''.
        (b)(1) In this subsection, the terms ``Senate data'' and ``Senate
    office'' have the meanings given such terms in section 10 of the
    Legislative Branch Appropriations Act, 2005, as amended by subsection
    (a) of this section.
        (2) The amendments made by this section shall--
            (A) take effect as though included in the Legislative Branch
        Appropriations Act, 2005 (division G of Public Law 108-447; 118
        Stat. 3166); and
            (B) apply with respect to--
                (i) any legal process seeking disclosure of Senate data of
            a Senate office that is filed, issued, or made on or after the
            date of enactment of this Act; and
                (ii) any matter that is pending on or after the date of
            enactment of this Act that relates to legal process described
            in clause (i) that is filed, issued, or made before the date of
            enactment of this Act, unless the Senate data of the Senate
            office was disclosed in accordance with such legal process
            before the date of enactment of this Act.

    TITLE V--REPEAL OF REQUIREMENT TO SELL CERTAIN FEDERAL PROPERTY IN PLUM
                                ISLAND, NEW YORK

        SEC. 501. REPEAL OF REQUIREMENT TO SELL CERTAIN FEDERAL PROPERTY IN
          PLUM ISLAND, NEW YORK.
        (a) Repeal of Requirement in Public Law 110-329.--Section 540 of
    the Department of Homeland Security Appropriations Act, 2009 (division
    D of Public Law 110-329; 122 Stat. 3688) is repealed.
        (b) Repeal of Requirement in Public Law 112-74.--Section 538 of the
    Department of Homeland Security Appropriations Act, 2012 (6 U.S.C. 190
    note; division D of Public Law 112-74) is repealed.
        (c) Requirement.--The Administrator of General Services shall
    ensure that--
            (1) Federal property commonly known as Plum Island, New York,
        including the Orient point facility, all real and personal property
        and transportation assets that support Plum Island operations and
        access to Plum Island, be disposed of as a single consolidated
        asset; and
            (2) such disposal is subject to conditions as may be necessary
        to protect Government interests and meet program requirements.

         TITLE VI--PREVENTING ONLINE SALES OF E-CIGARETTES TO CHILDREN

        SEC. 601. SHORT TITLE.
        This title may be cited as the ``Preventing Online Sales of E-
    Cigarettes to Children Act''.
        SEC. 602. AMENDMENTS TO THE JENKINS ACT.
        (a) In General.--The Act entitled ``An Act to assist States in
    collecting sales and use taxes on cigarettes'', approved October 19,
    1949 (commonly known as the ``Jenkins Act'') (15 U.S.C. 375 et seq.),
    is amended--
            (1) in section 1 (15 U.S.C. 375)--
                (A) in paragraph (2)(A)(ii)--
                    (i) by striking ``includes roll-your-own tobacco'' and
                inserting the following: ``includes--

                        ``(I) roll-your-own tobacco'';

                    (ii) in subclause (I), as so designated, by striking
                the period at the end and inserting ``; and''; and
                    (iii) by adding at the end the following:

                        ``(II) an electronic nicotine delivery system.'';

                (B) by redesignating paragraphs (7) through (14) as
            paragraphs (8) through (15), respectively; and
                (C) by inserting after paragraph (6) the following:
            ``(7) Electronic nicotine delivery system.--The term
        `electronic nicotine delivery system'--
                ``(A) means any electronic device that, through an
            aerosolized solution, delivers nicotine, flavor, or any other
            substance to the user inhaling from the device;
                ``(B) includes--
                    ``(i) an e-cigarette;
                    ``(ii) an e-hookah;
                    ``(iii) an e-cigar;
                    ``(iv) a vape pen;
                    ``(v) an advanced refillable personal vaporizer;
                    ``(vi) an electronic pipe; and
                    ``(vii) any component, liquid, part, or accessory of a
                device described in subparagraph (A), without regard to
                whether the component, liquid, part, or accessory is sold
                separately from the device; and
                ``(C) does not include a product that is--
                    ``(i) approved by the Food and Drug Administration
                for--

                        ``(I) sale as a tobacco cessation product; or
                        ``(II) any other therapeutic purpose; and

                    ``(ii) marketed and sold solely for a purpose described
                in clause (i).''; and
            (2) in section 2A(b)(1) (15 U.S.C. 376a(b)(1)), by inserting
        ``NICOTINE/'' after
        ``CIGARETTES/''.
        (b) Effective Date.--This section, and the amendments made by this
    section, shall take effect on the date that is 90 days after the date
    of enactment of this Act.
        (c) Rule of Construction.--Nothing in this section, or an amendment
    made by this section, may be construed to affect or otherwise alter any
    provision of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 301 et
    seq.), including its implementing regulations.
        SEC. 603. NONMAILABILITY OF ELECTRONIC NICOTINE DELIVERY SYSTEMS.
        (a) Regulations.--Not later than 120 days after the date of
    enactment of this Act, the United States Postal Service shall
    promulgate regulations to clarify the applicability of the prohibition
    on mailing of cigarettes under section 1716E of title 18, United States
    Code, to electronic nicotine delivery systems, in accordance with the
    amendment to the definition of ``cigarette'' made by section 602.
        (b) Effective Date.--The prohibition on mailing of cigarettes under
    section 1716E of title 18, United States Code, shall apply to
    electronic nicotine delivery systems on and after the date on which the
    United States Postal Service promulgates regulations under subsection
    (a) of this section.

                        TITLE VII--FAFSA SIMPLIFICATION

        SEC. 701. SHORT TITLE; EFFECTIVE DATE.
        (a) Short Title.--This title may be cited as the ``FAFSA
    Simplification Act''.
        (b) General Effective Date.--Except as otherwise expressly
    provided, this Act, and the amendments made by this title to the Higher
    Education Act of 1965 (20 U.S.C. 1001 et seq.), shall take effect on
    July 1, 2023, and shall apply with respect to award year 2023-2024 and
    each subsequent award year, as determined under the Higher Education
    Act of 1965. The Secretary of Education shall have the authority to
    take such steps as are necessary before July 1, 2023, to provide for
    the orderly implementation on such date of the amendments to the Higher
    Education Act of 1965 made by this Act.
        SEC. 702. MAKING IT EASIER TO APPLY FOR FEDERAL AID AND MAKING THAT
          AID PREDICTABLE.
        (a) Need Analysis.--
            (1) In general.--Section 471 of the Higher Education Act of
        1965 (20 U.S.C. 1087kk) is amended to read as follows:
        ``SEC. 471. AMOUNT OF NEED.
        ``Except as otherwise provided therein, for award year 2023-2024
    and each subsequent award year, the amount of need of any student for
    financial assistance under this title (except subpart 1 or 2 of part A)
    is equal to--
            ``(1) the cost of attendance of such student, minus
            ``(2) the student aid index (as defined in section 473) for
        such student, minus
            ``(3) other financial assistance not received under this title
        (as defined in section 480(i)).''.
            (2) Maximum aid under part d.--Section 451 of the Higher
        Education Act of 1965 (20 U.S.C. 1087a) is amended by adding at the
        end the following:
        ``(c) Maximum Aid.--The maximum dollar amount of financial
    assistance provided under this part to a student shall not exceed the
    cost of attendance for such student.''.
            (3) Guidance to states.--The Secretary of Education shall issue
        guidance for States on interpretation and implementation of the
        terminology and formula adjustments made to the Higher Education
        Act of 1965 (20 U.S.C. 1001 et seq.) under the amendments by this
        Act, including the student aid index, formerly known as the
        expected family contribution, and the need analysis formulas.
        (b) Cost of Attendance and Student Aid Index.--Sections 472 and 473
    of the Higher Education Act of 1965 (20 U.S.C. 1087ll and 1087mm) are
    amended to read as follows:
        ``SEC. 472. COST OF ATTENDANCE.
        ``(a) In General.--For the purpose of this title, the term `cost of
    attendance' means--
            ``(1) tuition and fees normally assessed a student carrying the
        same academic workload as determined by the institution;
            ``(2) an allowance for books, course materials, supplies, and
        equipment, which shall include all such costs required of all such
        students in the same course of study, including a reasonable
        allowance for the documented rental or upfront purchase of a
        personal computer, as determined by the institution;
            ``(3) an allowance for transportation, which may include
        transportation between campus, residences, and place of work, as
        determined by the institution;
            ``(4) an allowance for miscellaneous personal expenses, for a
        student attending the institution on at least a half-time basis, as
        determined by the institution;
            ``(5) an allowance for living expenses, including food and
        housing costs, to be incurred by the student attending the
        institution on at least a half-time basis, as determined by the
        institution, which shall include--
                ``(A) for a student electing institutionally owned or
            operated food services, such as board or meal plans, a standard
            allowance for such services that provides the equivalent of
            three meals each day;
                ``(B) for a student not electing institutionally owned or
            operated food services, such as board or meal plans, a standard
            allowance for purchasing food off campus that provides the
            equivalent of three meals each day;
                ``(C) for a student without dependents residing in
            institutionally owned or operated housing, a standard allowance
            determined by the institution based on the average or median
            amount assessed to such residents for housing charges,
            whichever is greater;
                ``(D) for a student with dependents residing in
            institutionally owned or operated housing, a standard allowance
            determined by the institution based on the average or median
            amount assessed to such residents for housing charges,
            whichever is greater;
                ``(E) for a student living off campus, and not in
            institutionally owned or operated housing, a standard allowance
            for rent or other housing costs;
                ``(F) for a dependent student residing at home with
            parents, a standard allowance that shall not be zero determined
            by the institution;
                ``(G) for a student living in housing located on a military
            base or for which a basic allowance is provided under section
            403(b) of title 37, United States Code, a standard allowance
            for food based upon such student's choice of purchasing food
            on-campus or off-campus (determined respectively in accordance
            with subparagraph (A) or (B)), but not for housing costs; and
                ``(H) for all other students, an allowance based on the
            expenses reasonably incurred by such students for housing and
            food;
            ``(6) for a student engaged in a program of study by
        correspondence, only tuition and fees and, if required, books and
        supplies, travel, and housing and food costs incurred specifically
        in fulfilling a required period of residential training;
            ``(7) for a confined or incarcerated student, only tuition,
        fees, books, course materials, supplies, equipment, and the cost of
        obtaining a license, certification, or a first professional
        credential in accordance with paragraph (14);
            ``(8) for a student enrolled in an academic program in a
        program of study abroad approved for credit by the student's home
        institution, reasonable costs associated with such study (as
        determined by the institution at which such student is enrolled);
            ``(9) for a student with one or more dependents, an allowance
        based on the estimated actual expenses incurred for such dependent
        care, based on the number and age of such dependents, except that--
                ``(A) such allowance shall not exceed the reasonable cost
            in the community in which such student resides for the kind of
            care provided; and
                ``(B) the period for which dependent care is required
            includes, but is not limited to, class-time, study-time, field
            work, internships, and commuting time;
            ``(10) for a student with a disability, an allowance (as
        determined by the institution) for those expenses related to the
        student's disability, including special services, personal
        assistance, transportation, equipment, and supplies that are
        reasonably incurred and not provided for by other assisting
        agencies;
            ``(11) for a student receiving all or part of the student's
        instruction by means of telecommunications technology, no
        distinction shall be made with respect to the mode of instruction
        in determining costs;
            ``(12) for a student engaged in a work experience under a
        cooperative education program, an allowance for reasonable costs
        associated with such employment (as determined by the institution);
            ``(13) for a student who receives a Federal student loan made
        under this title or any other Federal law, to cover a student's
        cost of attendance at the institution, an allowance for the actual
        cost of any loan fee, origination fee, or insurance premium charged
        to such student or the parent of such student on such loan; and
            ``(14) for a student in a program requiring professional
        licensure, certification, or a first professional credential, the
        cost of obtaining the license, certification, or a first
        professional credential.
        ``(b) Special Rule for Living Expenses for Less-than-half-time
    Students.--For students attending an institution of higher education
    less than half-time, an institution of higher education may include an
    allowance for living expenses, including food and housing costs in
    accordance with subsection (a)(4) for up to three semesters, or the
    equivalent, with no more than two semesters being consecutive.
        ``(c) Disclosure of Cost of Attendance Elements.--Each institution
    shall make publicly available on the institution's website a list of
    all the elements of cost of attendance described in paragraphs (1)
    through (14) of subsection (a), and shall disclose such elements on any
    portion of the website describing tuition and fees of the institution.
        ``SEC. 473. SPECIAL RULES FOR STUDENT AID INDEX.
        ``(a) In General.--For the purpose of this Act, the term `student
    aid index' means, with respect to a student, an index that reflects an
    evaluation of a student's approximate financial resources to contribute
    toward the student's postsecondary education for the academic year, as
    determined in accordance with this part.
        ``(b) Special Rule for Students Eligible for the Total Maximum Pell
    Grant.--The Secretary shall consider an applicant to automatically have
    a student aid index equal to zero if the applicant is eligible for the
    total maximum Federal Pell Grant under section 401(b)(1)(A), except
    that, if the applicant has a calculated student aid index of less than
    zero the Secretary shall consider the negative number as the student
    aid index for the applicant.
        ``(c) Special Rule for Nonfilers.--Notwithstanding subsection (b),
    for an applicant (or, as applicable, an applicant and spouse, or an
    applicant's parents) who is not required to file a Federal tax return
    for the second preceding tax year, the Secretary shall for the purposes
    of this title consider the student aid index as equal to - $1,500 for
    the applicant.''.
        (c) Determination of Student Aid Index.--Section 474 of the Higher
    Education Act of 1965 (20 U.S.C. 1087nn) is amended to read as follows:
        ``SEC. 474. DETERMINATION OF STUDENT AID INDEX.
        ``The student aid index--
            ``(1) for a dependent student shall be determined in accordance
        with section 475;
            ``(2) for a single independent student or a married independent
        student without dependents (other than a spouse) shall be
        determined in accordance with section 476; and
            ``(3) for an independent student with dependents other than a
        spouse shall be determined in accordance with section 477.''.
        (d) Student Aid Index for Dependent Students.--Section 475 of the
    Higher Education Act of 1965 (20 U.S.C. 1087oo) is amended to read as
    follows:
        ``SEC. 475. STUDENT AID INDEX FOR DEPENDENT STUDENTS.
        ``(a) Computation of Student Aid Index.--
            ``(1) In general.--Except as provided in paragraph (2), for
        each dependent student, the student aid index is equal to the sum
        of--
                ``(A) the assessment of the parents' adjusted available
            income (determined in accordance with subsection (b));
                ``(B) the assessment of the student's available income
            (determined in accordance with subsection (g)); and
                ``(C) the student's available assets (determined in
            accordance with subsection (h)).
            ``(2) Exception.--If the sum determined under paragraph (1)
        with respect to a dependent student is less than - $1,500, the
        student aid index for the dependent student shall be - $1,500.
        ``(b) Assessment of Parents' Adjusted Available Income.--The
    assessment of parents' adjusted available income is equal to the amount
    determined by--
            ``(1) computing adjusted available income by adding--
                ``(A) the parents' available income (determined in
            accordance with subsection (c)); and
                ``(B) the parents' available assets (determined in
            accordance with subsection (d));
            ``(2) assessing such adjusted available income in accordance
        with the assessment schedule set forth in subsection (e); and
            ``(3) considering such assessment resulting under paragraph (2)
        as the amount determined under this subsection.
        ``(c) Parents' Available Income.--
            ``(1) In general.--The parents' available income is determined
        by subtracting from total income (as defined in section 480)--
                ``(A) Federal income taxes;
                ``(B) an allowance for payroll taxes, determined in
            accordance with paragraph (2);
                ``(C) an income protection allowance, determined in
            accordance with paragraph (3); and
                ``(D) an employment expense allowance, determined in
            accordance with paragraph (4).
            ``(2) Allowance for payroll taxes.--The allowance for payroll
        taxes is equal to the sum of--
                ``(A) the total amount earned by the parents, multiplied by
            the rate of tax under section 3101(b) of the Internal Revenue
            Code of 1986; and
                ``(B) the amount earned by the parents that does not exceed
            such contribution and benefit base (twice such contribution and
            benefit base, in the case of a joint return) for the year of
            the earnings, multiplied by the rate of tax applicable to such
            earnings under section 3101(a) of the Internal Revenue Code of
            1986.
            ``(3) Income protection allowance.--The income protection
        allowance shall equal the amount determined in the following table,
        as adjusted by the Secretary pursuant to section 478(b):

         ``Income Protection Allowance (to be adjusted for 2023-2024 and
                                succeeding years)
    ------------------------------------------------------------------------
                  Family Size (including student)                   Amount
    ------------------------------------------------------------------------
    2..........................................................      $23,330
    3..........................................................      $29,040
    4..........................................................      $35,870
    5..........................................................      $42,320
    6..........................................................      $49,500
    For each additional add....................................      $5,590.
    ------------------------------------------------------------------------

            ``(4) Employment expense allowance.--The employment expense
        allowance is equal to the lesser of $4,000 or 35 percent of the
        single parent's earned income or married parents' combined earned
        income (as adjusted by the Secretary pursuant to section 478(g)).
        ``(d) Parents' Available Assets.--
            ``(1) In general.--
                ``(A) Determination.--Except as provided in subparagraph
            (B), the parents' available assets are equal to--
                    ``(i) the difference between the parents' assets and
                the asset protection allowance (determined in accordance
                with paragraph (2)); multiplied by
                    ``(ii) 12 percent.
                ``(B) Not less than zero.--The parents' available assets
            under this subsection shall not be less than zero.
            ``(2) Asset protection allowance.--The asset protection
        allowance is calculated based on the following table (as revised by
        the Secretary pursuant to section 478(d)):

                             ``Asset Protection Allowances for Parents of Dependent Students
    ----------------------------------------------------------------------------------------------------------------
                                                                                      And there are
                                                                   -------------------------------------------------
                                                                          two parents               one parent
                 If the age of the oldest parent is--              -------------------------------------------------
                                                                    then the allowance is--

    ----------------------------------------------------------------------------------------------------------------
    25 or less....................................................                       $0                       $0
    26............................................................                     $400                     $100
    27............................................................                     $700                     $300
    28............................................................                   $1,100                     $400
    29............................................................                   $1,500                     $600
    30............................................................                   $1,800                     $700
    31............................................................                   $2,200                     $800
    32............................................................                   $2,600                   $1,000
    33............................................................                   $2,900                   $1,100
    34............................................................                   $3,300                   $1,300
    35............................................................                   $3,700                   $1,400
    36............................................................                   $4,000                   $1,500
    37............................................................                   $4,400                   $1,700
    38............................................................                   $4,800                   $1,800
    39............................................................                   $5,100                   $2,000
    40............................................................                   $5,500                   $2,100
    41............................................................                   $5,600                   $2,200
    42............................................................                   $5,700                   $2,200
    43............................................................                   $5,900                   $2,300
    44............................................................                   $6,000                   $2,300
    45............................................................                   $6,200                   $2,400
    46............................................................                   $6,300                   $2,400
    47............................................................                   $6,500                   $2,500
    48............................................................                   $6,600                   $2,500
    49............................................................                   $6,800                   $2,600
    50............................................................                   $7,000                   $2,700
    51............................................................                   $7,100                   $2,700
    52............................................................                   $7,300                   $2,800
    53............................................................                   $7,500                   $2,900
    54............................................................                   $7,700                   $2,900
    55............................................................                   $7,900                   $3,000
    56............................................................                   $8,100                   $3,100
    57............................................................                   $8,400                   $3,100
    58............................................................                   $8,600                   $3,200
    59............................................................                   $8,800                   $3,300
    60............................................................                   $9,100                   $3,400
    61............................................................                   $9,300                   $3,500
    62............................................................                   $9,600                   $3,600
    63............................................................                   $9,900                   $3,700
    64............................................................                  $10,200                   $3,800
    65 or more....................................................                  $10,500                  $3,900.
    ----------------------------------------------------------------------------------------------------------------

        ``(e) Assessment Schedule.--The assessment of the parents' adjusted
    available income (as determined under subsection (b)(1) and hereafter
    in this subsection referred to as `AAI') is calculated based on the
    following table (as revised by the Secretary pursuant to section
    478(e)):

                        ``Parents' Contribution From AAI
    ------------------------------------------------------------------------
                                              Then the parents' contribution
            If the parents' AAI is--                  from AAI is--
    ------------------------------------------------------------------------
    Less than - $6,820.....................  - $1,500
    - $6,820 to $17,400....................  22% of AAI
     $17,401 to $21,800....................   $3,828 + 25% of AAI over
                                              $17,400
     $21,801 to $26,200....................   $4,928 + 29% of AAI over
                                              $21,800
     $26,201 to $30,700....................   $6,204 + 34% of AAI over
                                              $26,200
     $30,701 to $35,100....................   $7,734 + 40% of AAI over
                                              $30,700
     $35,101 or more.......................   $9,494 + 47% of AAI over
                                              $35,100.
    ------------------------------------------------------------------------

        ``(f) Consideration of Parental Income.--
            ``(1) Parents who live together.--Parental income and assets in
        the case of student whose parents are married and not separated, or
        who are unmarried but live together, shall include the income and
        assets of both parents.
            ``(2) Divorced or separated parents.--Parental income and
        assets for a student whose parents are divorced or separated, but
        not remarried, is determined by including only the income and
        assets of the parent who provides the greater portion of the
        student's financial support.
            ``(3) Death of a parent.--Parental income and assets in the
        case of the death of any parent is determined as follows:
                ``(A) If either of the parents has died, the surviving
            parent shall be considered a single parent, until that parent
            has remarried.
                ``(B) If both parents have died, the student shall not
            report any parental income or assets.
            ``(4) Remarried parents.--If a parent whose income and assets
        are taken into account under paragraph (2), or if a parent who is a
        widow or widower and whose income is taken into account under
        paragraph (3), has remarried, the income of that parent's spouse
        shall be included in determining the parent's assessment of
        adjusted available income if the student's parent and the
        stepparent are married as of the date of application for the award
        year concerned.
            ``(5) Single parent who is not divorced or separated.--Parental
        income and assets in the case of a student whose parent is not
        described in paragraph (1) and is a single parent who is not
        divorced, separated, or remarried, shall include the income and
        assets of such single parent.
        ``(g) Student's Available Income.--
            ``(1) In general.--The student's available income is equal to--
                ``(A) the difference between the student's total income
            (determined in accordance with section 480) and the adjustment
            to student income (determined in accordance with paragraph
            (2)); multiplied by
                ``(B) 50 percent.
            ``(2) Adjustment to student income.--The adjustment to student
        income is equal to the sum of--
                ``(A) Federal income taxes;
                ``(B) an allowance for payroll taxes determined in
            accordance with paragraph (3);
                ``(C) an income protection allowance that is equal to
            $9,410, as adjusted pursuant to section 478(b); and
                ``(D) an allowance for parents' negative available income,
            determined in accordance with paragraph (4).
            ``(3) Allowance for payroll taxes.--The allowance for payroll
        taxes is equal to the sum of--
                ``(A) the total amount earned by the student, multiplied by
            the rate of tax under section 3101(b) of the Internal Revenue
            Code of 1986; and
                ``(B) the amount earned by the student that does not exceed
            such contribution and benefit base for the year of the
            earnings, multiplied by the rate of tax applicable to such
            earnings under section 3101(a) of the Internal Revenue Code of
            1986.
            ``(4) Allowance for parents' negative available income.--The
        allowance for parents' negative available income is the amount, if
        any, by which the sum of the amounts deducted under subsection
        (c)(1) exceeds the sum of the parents' total income (as defined in
        section 480) and the parents' available assets (as determined in
        accordance with subsection (d)).
        ``(h) Student's Assets.--The student's assets are determined by
    calculating the assets of the student and multiplying such amount by 20
    percent, except that the result shall not be less than zero.''.
        (e) Student Aid Index for Independent Students Without Dependents
    Other Than a Spouse.--Section 476 of the Higher Education Act of 1965
    (20 U.S.C. 1087pp) is amended to read as follows:
        ``SEC. 476. STUDENT AID INDEX FOR INDEPENDENT STUDENTS WITHOUT
          DEPENDENTS OTHER THAN A SPOUSE.
        ``(a) Computation of Student Aid Index.--
            ``(1) In general.--For each independent student without
        dependents other than a spouse, the student aid index is equal to
        (except as provided in paragraph (2)) the sum of--
                ``(A) the family's available income (determined in
            accordance with subsection (b)); and
                ``(B) the family's available assets (determined in
            accordance with subsection (c)).
            ``(2) Exception.--If the sum determined under paragraph (1)
        with respect to an independent student without dependents other
        than a spouse is less than - $1,500, the student aid index for the
        independent student shall be - $1,500.
        ``(b) Family's Available Income.--
            ``(1) In general.--The family's available income is determined
        by--
                ``(A) deducting from total income (as defined in section
            480)--
                    ``(i) Federal income taxes;
                    ``(ii) an allowance for payroll taxes, determined in
                accordance with paragraph (2);
                    ``(iii) an income protection allowance that is equal
                to--

                        ``(I) in the case of a single independent student
                    without dependents, $14,630, as adjusted pursuant to
                    section 478(b); and
                        ``(II) in the case of a married independent student
                    without dependents, $23,460, as adjusted pursuant to
                    section 478(b); and

                    ``(iv) in the case of a married independent student, an
                employment expense allowance, as determined in accordance
                with paragraph (3); and
                ``(B) multiplying the amount determined under subparagraph
            (A) by 50 percent.
            ``(2) Allowance for payroll taxes.--The allowance for payroll
        taxes is equal to the sum of--
                ``(A) the total amount earned by the student (and spouse,
            if appropriate), multiplied by the rate of tax under section
            3101(b) of the Internal Revenue Code of 1986; and
                ``(B) the amount earned by the student (and spouse, if
            appropriate) that does not exceed such contribution and benefit
            base (twice such contribution and benefit base, in the case of
            a joint return) for the year of the earnings, multiplied by the
            rate of tax applicable to such earnings under section 3101(a)
            of the Internal Revenue Code of 1986.
            ``(3) Employment expense allowance.--The employment expense
        allowance is equal to the following:
                ``(A) If the student is married, such allowance is equal to
            the lesser of $4,000 or 35 percent of the couple's combined
            earned income (as adjusted by the Secretary pursuant to section
            478(g)).
                ``(B) If the student is not married, the employment expense
            allowance is zero.
        ``(c) Family's Available Assets.--
            ``(1) In general.--
                ``(A) Determination.--Except as provided in subparagraph
            (B), the family's available assets are equal to--
                    ``(i) the difference between the family's assets (as
                defined in section 480(f)) and the asset protection
                allowance (determined in accordance with paragraph (2));
                multiplied by
                    ``(ii) 20 percent.
                ``(B) Not less than zero.--The family's available assets
            under this subsection shall not be less than zero.
            ``(2) Asset protection allowance.--The asset protection
        allowance is calculated based on the following table (as revised by
        the Secretary pursuant to section 478(d)):

                                 ``Asset Protection Allowances for Families and Students
    ----------------------------------------------------------------------------------------------------------------
                                                                                   And the student is
                                                                   -------------------------------------------------
                                                                            married                   single
                     If the age of the student is--                -------------------------------------------------
                                                                    then the allowance is--

    ----------------------------------------------------------------------------------------------------------------
    25 or less....................................................                       $0                       $0
    26............................................................                     $400                     $100
    27............................................................                     $700                     $300
    28............................................................                   $1,100                     $400
    29............................................................                   $1,500                     $600
    30............................................................                   $1,800                     $700
    31............................................................                   $2,200                     $800
    32............................................................                   $2,600                   $1,000
    33............................................................                   $2,900                   $1,100
    34............................................................                   $3,300                   $1,300
    35............................................................                   $3,700                   $1,400
    36............................................................                   $4,000                   $1,500
    37............................................................                   $4,400                   $1,700
    38............................................................                   $4,800                   $1,800
    39............................................................                   $5,100                   $2,000
    40............................................................                   $5,500                   $2,100
    41............................................................                   $5,600                   $2,200
    42............................................................                   $5,700                   $2,200
    43............................................................                   $5,900                   $2,300
    44............................................................                   $6,000                   $2,300
    45............................................................                   $6,200                   $2,400
    46............................................................                   $6,300                   $2,400
    47............................................................                   $6,500                   $2,500
    48............................................................                   $6,600                   $2,500
    49............................................................                   $6,800                   $2,600
    50............................................................                   $7,000                   $2,700
    51............................................................                   $7,100                   $2,700
    52............................................................                   $7,300                   $2,800
    53............................................................                   $7,500                   $2,900
    54............................................................                   $7,700                   $2,900
    55............................................................                   $7,900                   $3,000
    56............................................................                   $8,100                   $3,100
    57............................................................                   $8,400                   $3,100
    58............................................................                   $8,600                   $3,200
    59............................................................                   $8,800                   $3,300
    60............................................................                   $9,100                   $3,400
    61............................................................                   $9,300                   $3,500
    62............................................................                   $9,600                   $3,600
    63............................................................                   $9,900                   $3,700
    64............................................................                  $10,200                   $3,800
    65 or more....................................................                  $10,500                  $3,900.
    ----------------------------------------------------------------------------------------------------------------

        ``(d) Computations in Case of Separation, Divorce, or Death.--In
    the case of a student who is divorced or separated, or whose spouse has
    died, the spouse's income and assets shall not be considered in
    determining the family's available income or assets.''.
        (f) Student Aid Index for Independent Students With Dependents
    Other Than a Spouse.--Section 477 of the Higher Education Act of 1965
    (20 U.S.C. 1087qq) is amended to read as follows:
        ``SEC. 477. STUDENT AID INDEX FOR INDEPENDENT STUDENTS WITH
          DEPENDENTS OTHER THAN A SPOUSE.
        ``(a) Computation of Student Aid Index.--
            ``(1) In general.--For each independent student with dependents
        other than a spouse, the student aid index is equal to the amount
        determined by--
                ``(A) computing adjusted available income by adding--
                    ``(i) the family's available income (determined in
                accordance with subsection (b)); and
                    ``(ii) the family's available assets (determined in
                accordance with subsection (c));
                ``(B) assessing such adjusted available income in
            accordance with an assessment schedule set forth in subsection
            (d); and
                ``(C) considering such assessment resulting under
            subparagraph (B) as the amount determined under this
            subsection.
            ``(2) Exception.--If the sum determined under paragraph (1)
        with respect to an independent student with dependents other than a
        spouse is less than - $1,500, the student aid index for the
        independent student shall be - $1,500.
        ``(b) Family's Available Income.--
            ``(1) In general.--The family's available income is determined
        by deducting from total income (as defined in section 480)--
                ``(A) Federal income taxes;
                ``(B) an allowance for payroll taxes, determined in
            accordance with paragraph (2);
                ``(C) an income protection allowance, determined in
            accordance with paragraph (3); and
                ``(D) an employment expense allowance, determined in
            accordance with paragraph (4).
            ``(2) Allowance for payroll taxes.--The allowance for payroll
        taxes is equal to the sum of--
                ``(A) the total amount earned by the student (and spouse,
            if appropriate), multiplied by the rate of tax under section
            3101(b) of the Internal Revenue Code of 1986; and
                ``(B) the amount earned by the student (and spouse, if
            appropriate) that does not exceed such contribution and benefit
            base (twice such contribution and benefit base, in the case of
            a joint return) for the year of the earnings, multiplied by the
            rate of tax applicable to such earnings under section 3101(a)
            of the Internal Revenue Code of 1986.
            ``(3) Income protection allowance.--The income protection
        allowance shall equal the amount determined in the following table,
        as adjusted by the Secretary pursuant to section 478(b):
                ``(A) In the case of a married independent student with
            dependents:

         ``Income Protection Allowance (to be adjusted for 2023-2024 and
                                succeeding years)
    ------------------------------------------------------------------------
                  Family Size (including student)                   Amount
    ------------------------------------------------------------------------
    3..........................................................      $46,140
    4..........................................................      $56,970
    5..........................................................      $67,230
    6..........................................................      $78,620
    For each additional add....................................      $8,880.
    ------------------------------------------------------------------------

                ``(B) In the case of a single independent student with
            dependents:

         ``Income Protection Allowance (to be adjusted for 2023-2024 and
                                succeeding years)
    ------------------------------------------------------------------------
                  Family Size (including student)                   Amount
    ------------------------------------------------------------------------
    2..........................................................      $43,920
    3..........................................................      $54,690
    4..........................................................      $67,520
    5..........................................................      $79,680
    6..........................................................      $93,180
    For each additional add....................................     $10,530.
    ------------------------------------------------------------------------

            ``(4) Employment expense allowance.--The employment expense
        allowance is equal to the lesser of $4,000 or 35 percent of the
        student's earned income or the combined earned income of the
        student and the student's spouse, if applicable (as adjusted by the
        Secretary pursuant to section 478(g)).
        ``(c) Family's Available Assets.--
            ``(1) In general.--
                ``(A) Determination.--Except as provided in subparagraph
            (B), the family's available assets are equal to--
                    ``(i) the difference between the family's assets (as
                defined in 480(f)) and the asset protection allowance
                (determined in accordance with paragraph (2)); multiplied
                by
                    ``(ii) 7 percent.
                ``(B) Not less than zero.--The family's available assets
            under this subsection shall not be less than zero.
            ``(2) Asset protection allowance.--The asset protection
        allowance is calculated based on the following table (as revised by
        the Secretary pursuant to section 478(d)):

                                 ``Asset Protection Allowances for Families and Students
    ----------------------------------------------------------------------------------------------------------------
                                                                                   And the student is
                                                                   -------------------------------------------------
                                                                            married                   single
                     If the age of the student is--                -------------------------------------------------
                                                                    then the allowance is--

    ----------------------------------------------------------------------------------------------------------------
    25 or less....................................................                       $0                       $0
    26............................................................                     $400                     $100
    27............................................................                     $700                     $300
    28............................................................                   $1,100                     $400
    29............................................................                   $1,500                     $600
    30............................................................                   $1,800                     $700
    31............................................................                   $2,200                     $800
    32............................................................                   $2,600                   $1,000
    33............................................................                   $2,900                   $1,100
    34............................................................                   $3,300                   $1,300
    35............................................................                   $3,700                   $1,400
    36............................................................                   $4,000                   $1,500
    37............................................................                   $4,400                   $1,700
    38............................................................                   $4,800                   $1,800
    39............................................................                   $5,100                   $2,000
    40............................................................                   $5,500                   $2,100
    41............................................................                   $5,600                   $2,200
    42............................................................                   $5,700                   $2,200
    43............................................................                   $5,900                   $2,300
    44............................................................                   $6,000                   $2,300
    45............................................................                   $6,200                   $2,400
    46............................................................                   $6,300                   $2,400
    47............................................................                   $6,500                   $2,500
    48............................................................                   $6,600                   $2,500
    49............................................................                   $6,800                   $2,600
    50............................................................                   $7,000                   $2,700
    51............................................................                   $7,100                   $2,700
    52............................................................                   $7,300                   $2,800
    53............................................................                   $7,500                   $2,900
    54............................................................                   $7,700                   $2,900
    55............................................................                   $7,900                   $3,000
    56............................................................                   $8,100                   $3,100
    57............................................................                   $8,400                   $3,100
    58............................................................                   $8,600                   $3,200
    59............................................................                   $8,800                   $3,300
    60............................................................                   $9,100                   $3,400
    61............................................................                   $9,300                   $3,500
    62............................................................                   $9,600                   $3,600
    63............................................................                   $9,900                   $3,700
    64............................................................                  $10,200                   $3,800
    65 or more....................................................                  $10,500                  $3,900.
    ----------------------------------------------------------------------------------------------------------------

        ``(d) Assessment Schedule.--The assessment of adjusted available
    income (as determined under subsection (a)(1) and hereafter in this
    subsection referred to as `AAI') is calculated based on the following
    table (as revised by the Secretary pursuant to section 478(e)):

                   ``Assessment From Adjusted Available Income
    ------------------------------------------------------------------------
                  If AAI is--                    Then the assessment is--
    ------------------------------------------------------------------------
    Less than - $6,820.....................  - $1,500
    - $6,820 to $17,400....................  22% of AAI
     $17,401 to $21,800....................   $3,828 + 25% of AAI over
                                              $17,400
     $21,801 to $26,200....................   $4,928 + 29% of AAI over
                                              $21,800
     $26,201 to $30,700....................   $6,204 + 34% of AAI over
                                              $26,200
     $30,701 to $35,100....................   $7,734 + 40% of AAI over
                                              $30,700
     $35,101 or more.......................   $9,494 + 47% of AAI over
                                              $35,100.
    ------------------------------------------------------------------------

        ``(e) Computations in Case of Separation, Divorce, or Death.--In
    the case of a student who is divorced or separated, or whose spouse has
    died, the spouse's income and assets shall not be considered in
    determining the family's available income or assets.''.
        (g) Regulations; Updated Tables.--Section 478 of the Higher
    Education Act of 1965 (20 U.S.C. 1087rr) is amended to read as follows:
        ``SEC. 478. REGULATIONS; UPDATED TABLES.
        ``(a) Authority To Prescribe Regulations Restricted.--
    Notwithstanding any other provision of law, the Secretary shall not
    have the authority to prescribe regulations to carry out this part
    except--
            ``(1) to prescribe updated tables in accordance with
        subsections (b) through (g); and
            ``(2) with respect to the definition of cost of attendance
        under section 472, excluding section 472(a)(1).
        ``(b) Income Protection Allowance Adjustments.--For award year
    2023-2024 and each subsequent award year, the Secretary shall publish
    in the Federal Register revised income protection allowances for the
    purposes of subsections (c)(3) and (g)(2)(C) of section 475, subclauses
    (I) and (II) of section 476(b)(1)(A)(iii), and section 477(b)(3), by
    increasing the income protection allowances in each of such provisions,
    by a percentage equal to the percentage increase in the Consumer Price
    Index, as defined in subsection (f), between April 2020 and the April
    in the year prior to the beginning of the award year and rounding the
    result to the nearest $10.
        ``(c) Adjusted Net Worth of a Farm or Business.--
            ``(1) Table.--The table of the net worth of a farm or business
        for purposes of making determinations of assets as defined under
        section 480(f) is the following:

                      ``Farm/Business Net Worth Adjustment
    ------------------------------------------------------------------------
     If the net worth of a farm or business  Then the adjusted net worth is--
                      is--
    ------------------------------------------------------------------------
    Less than $1...........................   $0
     $1 to $140,000........................  40% of net worth of farm/
                                              business
     $140,001 to $415,000..................   $56,000 + 50% of net worth
                                              over $140,000
     $415,001 to $695,000..................   $193,500 + 60% of net worth
                                              over $415,000
     $695,001 or more......................   $361,500 + 100% of net worth
                                              over $695,000.
    ------------------------------------------------------------------------

            ``(2) Revised tables.--For award year 2023-2024 and each
        subsequent award year, the Secretary shall publish in the Federal
        Register a revised table of the adjusted net worth of a farm or
        business for purposes of section 480(f). Such revised table shall
        be developed--
                ``(A) by increasing each dollar amount that refers to net
            worth of a farm or business by a percentage equal to the
            percentage increase in the Consumer Price Index between April
            2020 and the April in the year prior to the beginning of such
            award year, and rounding the result to the nearest $5,000; and
                ``(B) by adjusting the dollar amounts in the column
            referring to the adjusted net worth to reflect the changes made
            pursuant to subparagraph (A).
        ``(d) Asset Protection Allowance.--For award year 2023-2024 and
    each subsequent award year, the Secretary shall publish in the Federal
    Register a revised table of allowances for the purpose of sections
    475(d)(2), 476(c)(2), and 477(c)(2). Such revised table shall be
    developed by determining the present value cost, rounded to the nearest
    $100, of an annuity that would provide, for each age cohort of 40 and
    above, a supplemental income at age 65 (adjusted for inflation) equal
    to the difference between the moderate family income (as most recently
    determined by the Bureau of Labor Statistics), and the current average
    social security retirement benefits. For each age cohort below 40, the
    allowance shall be computed by decreasing the allowance for age 40, as
    updated, by one-fifteenth for each year of age below age 40 and
    rounding the result to the nearest $100. In making such
    determinations--
            ``(1) the tables of allowances specified in sections 475(d)(2),
        476(c)(2), and 477(c)(2) shall be considered to be for award year
        2021-2022 for the purposes of calculating inflation;
            ``(2) inflation shall be presumed to be 6 percent per year;
            ``(3) the rate of return of an annuity shall be presumed to be
        8 percent; and
            ``(4) the sales commission on an annuity shall be presumed to
        be 6 percent.
        ``(e) Assessment Schedules and Rates.--For award year 2023-2024 and
    each subsequent award year, the Secretary shall publish in the Federal
    Register a revised table of assessments from adjusted available income
    for the purpose of sections 475(e) and 477(d). Such revised table shall
    be developed--
            ``(1) by increasing each dollar amount that refers to adjusted
        available income by a percentage equal to the percentage increase
        in the Consumer Price Index between April 2020 and the April in the
        year prior to the beginning of such academic year, rounded to the
        nearest $100; and
            ``(2) by adjusting the other dollar amounts to reflect the
        changes made pursuant to paragraph (1).
        ``(f) Consumer Price Index Defined.--In this section, the term
    `Consumer Price Index' means the Consumer Price Index for All Urban
    Consumers published by the Department of Labor. Each annual update of
    tables to reflect changes in the Consumer Price Index shall be
    corrected for misestimation of actual changes in such Index in previous
    years.
        ``(g) Employment Expense Allowance.--For award year 2023-2024 and
    each succeeding award year, the Secretary shall publish in the Federal
    Register a revised table of employment expense allowances for the
    purpose of sections 475(c)(4), 476(b)(3), and 477(b)(4). Such revised
    table shall be developed by increasing the dollar amount specified in
    sections 475(c)(4), 476(b)(3), and 477(b)(4) by a percentage equal to
    the percentage increase in the Consumer Price Index, as defined in
    subsection (f), between April 2020 and the April in the year prior to
    the beginning of the award year and rounding the result to the nearest
    $10.
        ``(h) Clarification for Award Year 2023-2024.--For award year 2023-
    2024, the Secretary shall determine adjusted amounts and prescribe
    revised tables with respect to the income protection, employment
    expense, and asset protection allowances and the assessment schedules
    under sections 475, 476, and 477, pursuant to this section. The amounts
    and tables specified in sections 475, 476, and 477 with respect to such
    allowances and schedules shall only be used by the Secretary as a
    baseline for adjustments and table revisions prescribed in accordance
    with this section.''.
        (h) Applicants Exempt From Asset Reporting.--Section 479 of the
    Higher Education Act of 1965 (20 U.S.C. 1087ss) is amended to read as
    follows:
        ``SEC. 479. ELIGIBLE APPLICANTS EXEMPT FROM ASSET REPORTING.
        ``(a) In General.--Notwithstanding any other provision of law, this
    section shall be effective for each individual seeking to apply for
    Federal financial aid under this title, as part of the simplified
    application for Federal student financial aid under section 483, on or
    after July 1, 2023.
        ``(b) Applicants Exempt From Asset Reporting.--
            ``(1) In general.--Except as provided in paragraph (3), in
        carrying out section 483, the Secretary shall not use asset
        information from an eligible applicant or, as applicable, the
        parent or spouse of an eligible applicant.
            ``(2) Eligible applicants.--In this subsection, the term
        `eligible applicant' means an applicant who meets at least one of
        the following criteria:
                ``(A) Is an applicant who qualifies for an automatic zero
            student aid index or negative student aid index under
            subsection (b) or (c) of section 473.
                ``(B) Is an applicant who is a dependent student and the
            student's parents have a total adjusted gross income (excluding
            any income of the dependent student) that is less than $60,000
            and do not file a Schedule A, B, D, E, F, or H (or equivalent
            successor schedules) with the Federal income tax return for the
            second preceding tax year, and--
                    ``(i) do not file a Schedule C (or the equivalent
                successor schedule) with the Federal income tax return for
                the second preceding tax year; or
                    ``(ii) file a Schedule C (or the equivalent successor
                schedule) with net business income of not more than a
                $10,000 loss or gain with the Federal income tax return for
                the second preceding tax year.
                ``(C) Is an applicant who is an independent student and the
            student (including the student's spouse, if any) has a total
            adjusted gross income that is less than $60,000 and does not
            file a Schedule A, B, D, E, F, or H (or equivalent successor
            schedules), with the Federal income tax return for the second
            preceding tax year, and--
                    ``(i) does not file a Schedule C (or the equivalent
                successor schedule) with the Federal income tax return for
                the second preceding tax year; or
                    ``(ii) files a Schedule C (or the equivalent successor
                schedule) with net business income of not more than a
                $10,000 loss or gain with the Federal income tax return for
                the second preceding tax year.
                ``(D) Is an applicant who, at any time during the previous
            24-month period, received a benefit under a means-tested
            Federal benefit program (or whose parent or spouse received
            such a benefit, as applicable).
            ``(3) Special rule.--An eligible applicant shall not be exempt
        from asset reporting under this section if the applicant is a
        dependent student and the students' parents do not--
                ``(A) reside in the United States or a United States
            territory; or
                ``(B) file taxes in the United States or a United States
            territory, except if such nonfiling is due to not being
            required to file a Federal tax return for the applicable tax
            year due to a low income.
            ``(4) Definitions.--In this section:
                ``(A) Schedule a.--The term `Schedule A' means a form or
            information by a taxpayer to report itemized deductions.
                ``(B) Schedule b.--The term `Schedule B' means a form or
            information filed by a taxpayer to report interest and ordinary
            dividend income.
                ``(C) Schedule c.--The term `Schedule C' means a form or
            information filed by a taxpayer to report income or loss from a
            business operated or a profession practiced as a sole
            proprietor.
                ``(D) Schedule d .--The term `Schedule D' means a form or
            information filed by a taxpayer to report sales, exchanges or
            some involuntary conversions of capital assets, certain capital
            gain distributions, and nonbusiness bad debts.
                ``(E) Schedule e .--The term `Schedule E' means a form or
            information filed by a taxpayer to report income from rental
            properties, royalties, partnerships, S corporations, estates,
            trusts, and residual interests in real estate mortgage
            investment conduits.
                ``(F) Schedule f.--The term `Schedule F' means a form or
            information filed by a taxpayer to report farm income and
            expenses.
                ``(G) Schedule h.--The term `Schedule H' means a form or
            information filed by a taxpayer to report household employment
            taxes.
                ``(H) Means-tested federal benefit program.--The term
            `means-tested Federal benefit program' means any of the
            following:
                    ``(i) The supplemental security income program under
                title XVI of the Social Security Act (42 U.S.C. 1381 et
                seq.).
                    ``(ii) The supplemental nutrition assistance program
                under the Food and Nutrition Act of 2008 (7 U.S.C. 2011 et
                seq.), a nutrition assistance program carried out under
                section 19 of such Act (7 U.S.C. 2028), and a supplemental
                nutrition assistance program carried out under section 3(c)
                of the Act entitled `An Act to authorize appropriations for
                certain insular areas of the United States, and for other
                purposes' (Public Law 95-348).
                    ``(iii) The program of block grants for States for
                temporary assistance for needy families established under
                part A of title IV of the Social Security Act (42 U.S.C.
                601 et seq.).
                    ``(iv) The special supplemental nutrition program for
                women, infants, and children established by section 17 of
                the Child Nutrition Act of 1966 (42 U.S.C. 1786).
                    ``(v) The Medicaid program under title XIX of the
                Social Security Act (42 U.S.C. 1396 et seq.).
                    ``(vi) Federal housing assistance programs, including
                tenant-based assistance under section 8(o) of the United
                States Housing Act of 1937 (42 U.S.C. 1437f(o)), and public
                housing, as defined in section 3(b)(1) of such Act (42
                U.S.C. 1437a(b)(1)).
                    ``(vii) Other means-tested programs determined by the
                Secretary to be approximately consistent with the income
                eligibility requirements of the means-tested programs under
                clauses (i) through (vi).''.
        (i) Discretion of Student Financial Aid Administrators.--Section
    479A of the Higher Education Act of 1965 (20 U.S.C. 1087tt) is amended
    to read as follows:
    ``SEC. 479A. DISCRETION OF STUDENT FINANCIAL AID ADMINISTRATORS.
        ``(a) In General.--
            ``(1) Authority of financial aid administrators.--A financial
        aid administrator shall have the authority to, on the basis of
        adequate documentation, make adjustments to any or all of the
        following on a case-by-case basis:
                ``(A) For an applicant with special circumstances under
            subsection (b) to--
                    ``(i) the cost of attendance;
                    ``(ii) the values of the data used to calculate the
                student aid index; or
                    ``(iii) the values of the data used to calculate the
                Federal Pell Grant award.
                ``(B) For an applicant with unusual circumstances under
            subsection (c), to the dependency status of such applicant.
            ``(2) Limitations on authority.--
                ``(A) Use of authority.--No institution of higher education
            or financial aid administrator shall maintain a policy of
            denying all requests for adjustments under this section.
                ``(B) No additional fee.--No student or parent shall be
            charged a fee for a documented interview of the student by the
            financial aid administrator or for the review of a student or
            parent's request for adjustments under this section including
            the review of any supplementary information or documentation of
            a student or parent's special circumstances or a student's
            unusual circumstances.
                ``(C) Rule of construction.--The authority to make
            adjustments under paragraph (1)(A) shall not be construed to
            permit financial aid administrators to deviate from the cost of
            attendance, the values of data used to calculate the student
            aid index or the values of data used to calculate the Federal
            Pell Grant award (or both) for awarding aid under this title in
            the absence of special circumstances.
            ``(3) Adequate documentation.--Adequate documentation for
        adjustments under this section must substantiate the special
        circumstances or unusual circumstances of an individual student,
        and may include, to the extent relevant and appropriate--
                ``(A) a documented interview between the student and the
            financial aid administrator;
                ``(B) for the purposes of determining that a student
            qualifies for an adjustment under paragraph (1)(B)--
                    ``(i) submission of a court order or official Federal
                or State documentation that the student or the student's
                parents or legal guardians are incarcerated in any Federal
                or State penal institution;
                    ``(ii) a documented phone call or a written statement,
                which confirms the specific unusual circumstances with--

                        ``(I) a child welfare agency authorized by a State
                    or county;
                        ``(II) a Tribal welfare authority or agency;
                        ``(III) an independent living case worker, such as
                    a case worker who supports current and former foster
                    youth with the transition to adulthood; or
                        ``(IV) a public or private agency, facility, or
                    program servicing the victims of abuse, neglect,
                    assault, or violence, which may include domestic
                    violence;

                    ``(iii) a documented phone call or a written statement
                from an attorney, a guardian ad litem, or a court-appointed
                special advocate, or a person serving in a similar capacity
                which confirms the specific unusual circumstances and
                documents the person's relationship to the student;
                    ``(iv) a documented phone call or written statement
                from a representative under chapter 1 or 2 of subpart 2 of
                part A, which confirms the specific unusual circumstances
                and documents the representative's relationship to the
                student;
                    ``(v) documents, such as utility bills or health
                insurance documentation, that demonstrate a separation from
                parents or legal guardians; and
                    ``(vi) in the absence of documentation described in
                this subparagraph, other documentation the financial aid
                administrator determines is adequate to confirm the unusual
                circumstances, pursuant to section 480(d)(9); and
                ``(C) supplementary information, as necessary, about the
            financial status or personal circumstances of eligible
            applicants as it relates to the special circumstances or
            unusual circumstances based on which the applicant is
            requesting an adjustment.
            ``(4) Special rule.--In making adjustments under paragraph (1),
        a financial aid administrator may offer a dependent student
        financial assistance under a Federal Direct Unsubsidized Stafford
        Loan without requiring the parents of such student to provide their
        parent information on the Free Application for Federal Student Aid
        if the student does not qualify for, or does not choose to use, the
        unusual circumstance option described in section 480(d)(9), and the
        financial aid administrator determines that the parents of such
        student ended financial support of such student or refuse to file
        such form.
            ``(5) Public disclosure.--Each institution of higher education
        shall make publicly available information that students applying
        for aid under this title have the opportunity to pursue adjustments
        under this section.
        ``(b) Adjustments for Students With Special Circumstances.--
            ``(1) Special circumstances for adjustments related to pell
        grants.--Special circumstances for adjustments to calculate a
        Federal Pell Grant award--
                ``(A) shall be conditions that differentiate an individual
            student from a group of students rather than conditions that
            exist across a group of students; and
                ``(B) may include--
                    ``(i) recent unemployment of a family member or
                student;
                    ``(ii) a student or family member who is a dislocated
                worker (as defined in section 3 of the Workforce Innovation
                and Opportunity Act);
                    ``(iii) a change in housing status that results in an
                individual being a homeless youth;
                    ``(iv) an unusual amount of claimed losses against
                income on the Federal tax return that substantially lower
                adjusted gross income, such as business, investment, or
                real estate losses;
                    ``(v) receipt of foreign income of permanent residents
                or United States citizens exempt from Federal taxation, or
                the foreign income for which a permanent resident or
                citizen received a foreign tax credit;
                    ``(vi) in the case of an applicant who does not qualify
                for the exemption from asset reporting under section 479,
                assets as defined in section 480(f); or
                    ``(vii) other changes or adjustments in the income,
                assets, or size of a family, or a student's dependency
                status.
            ``(2) Special circumstances for adjustments related to cost of
        attendance and student aid index.--Special circumstances for
        adjustments to the cost of attendance or the values of the data
        used to calculate the student aid index--
                ``(A) shall be conditions that differentiate an individual
            student from a group of students rather than conditions that
            exist across a group of students, except as provided in
            sections 479B and 479C; and
                ``(B) may include--
                    ``(i) tuition expenses at an elementary school or
                secondary school;
                    ``(ii) medical, dental, or nursing home expenses not
                covered by insurance;
                    ``(iii) child care or dependent care costs not covered
                by the dependent care cost allowance calculated in
                accordance with section 472;
                    ``(iv) recent unemployment of a family member or
                student;
                    ``(v) a student or family member who is a dislocated
                worker (as defined in section 3 of the Workforce Innovation
                and Opportunity Act);
                    ``(vi) the existence of additional family members
                enrolled in a degree, certificate, or other program leading
                to a recognized educational credential at an institution
                with a program participation agreement under section 487;
                    ``(vii) a change in housing status that results in an
                individual being a homeless youth;
                    ``(viii) a condition of severe disability of the
                student, or in the case of a dependent student, the
                dependent student's parent or guardian, or in the case of
                an independent student, the independent student's dependent
                or spouse;
                    ``(ix) unusual amount of claimed losses against income
                on the Federal tax return that substantially lower adjusted
                gross income, such as business, investment, or real estate
                losses; or
                    ``(x) other changes or adjustments in the income,
                assets, or size of a family, or a student's dependency
                status.
        ``(c) Unusual Circumstances Adjustments.--
            ``(1) In general.--Unusual circumstances for adjustments to the
        dependency status of an applicant shall be--
                ``(A) conditions that differentiate an individual student
            from a group of students; and
                ``(B) based on unusual circumstances, pursuant to section
            480(d)(9).
            ``(2) Provisional independent students.--
                ``(A) Requirements for the secretary.--The Secretary
            shall--
                    ``(i) enable each student who, based on an unusual
                circumstance described in section 480(d)(9), may qualify
                for an adjustment under subsection (a)(1)(B) that will
                result in a determination of independence under this
                section or section 479D to complete the Free Application
                for Federal Student Aid as an independent student for the
                purpose of a provisional determination of the student's
                Federal financial aid award, with the final determination
                of the award subject to the documentation requirements of
                subsection (a)(3);
                    ``(ii) upon completion of the Free Application for
                Federal Student Aid provide an estimate of the student's
                Federal Pell Grant award, and other information as
                specified in section 483(a)(3)(A), based on the assumption
                that the student is determined to be an independent
                student; and
                    ``(iii) specify, on the Free Application for Federal
                Student Aid, the consequences under section 490(a) of
                knowingly and willfully completing the Free Application for
                Federal Student Aid as an independent student under clause
                (i) without meeting the unusual circumstances to qualify
                for such a determination.
                ``(B) Requirements for financial aid administrators.--With
            respect to a student accepted for admission who completes the
            Free Application for Federal Student Aid as an independent
            student under subparagraph (A), a financial aid administrator
            shall--
                    ``(i) notify the student of the institutional process,
                requirements, and timeline for an adjustment under this
                section and section 480(d)(9) that will result in a review
                of the student's request for an adjustment and a
                determination of the student's dependency status under such
                sections within a reasonable time after the student
                completes the Free Application for Federal Student Aid;
                    ``(ii) provide the student a final determination of the
                student's dependency status and Federal financial aid award
                as soon as practicable after all requested documentation is
                provided;
                    ``(iii) retain all documents related to the adjustment
                under this section and section 480(d)(9), including
                documented interviews, for at least the duration of the
                student's enrollment, and shall abide by all other record
                keeping requirements of this Act; and
                    ``(iv) presume that any student who has obtained an
                adjustment under this section and section 480(d)(9) and a
                final determination of independence for any preceding award
                year at an institution of higher education to be
                independent for each subsequent award year at the same
                institution unless--

                        ``(I) the student informs the institution that
                    circumstances have changed; or
                        ``(II) the institution has specific conflicting
                    information about the student's independence.

                ``(C) Eligibility.--If a student pursues provisional
            independent student status and is not determined to be an
            independent student by a financial aid administrator, such
            student shall only be eligible for a Federal Direct
            Unsubsidized Stafford Loan for that award year unless such
            student subsequently completes the Free Application for Federal
            Student Aid as a dependent student.
        ``(d) Adjustments to Assets or Income Taken Into Account.--A
    financial aid administrator shall be considered to be making a
    necessary adjustment in accordance with this section if--
            ``(1) the administrator makes adjustments excluding from family
        income or assets any proceeds or losses from a sale of farm or
        business assets of a family if such sale results from a voluntary
        or involuntary foreclosure, forfeiture, or bankruptcy or a
        voluntary or involuntary liquidation; or
            ``(2) the administrator makes adjustments for a condition of
        disability of a student, or in the case of a dependent student, the
        dependent student's parent or guardian, or in the case of an
        independent student, the independent student's dependent or spouse,
        so as to take into consideration the additional costs incurred as a
        result of such disability.
        ``(e) Refusal or Adjustment of Loan Certifications.--On a case-by-
    case basis, an eligible institution may refuse to use the authority
    provided under this section, certify a statement that permits a student
    to receive a loan under part D, certify a loan amount, or make a loan
    that is less than the student's determination of need (as determined
    under this part), if the reason for the action is documented and
    provided in writing to the student. No eligible institution shall
    discriminate against any borrower or applicant in obtaining a loan on
    the basis of race, ethnicity, national origin, religion, sex, marital
    status, age, or disability status.
        ``(f) Special Rule Regarding Professional Judgment During a
    Disaster, Emergency, or Economic Downturn.--
            ``(1) In general.--For the purposes of making a professional
        judgment under this section, financial aid administrators may,
        during a qualifying emergency--
                ``(A) determine that the income earned from work for an
            applicant is zero, if the applicant can provide paper or
            electronic documentation of receipt of unemployment benefits or
            confirmation that an application for unemployment benefits was
            submitted; and
                ``(B) make additional appropriate adjustments to the income
            earned from work for a student, parent, or spouse, as
            applicable, based on the totality of the family's situation,
            including consideration of unemployment benefits.
            ``(2) Documentation.--For the purposes of documenting
        unemployment under paragraph (1), documentation shall be accepted
        if such documentation is submitted not more than 90 days from the
        date on which such documentation was issued, except if a financial
        aid administrator knows that the student, parent, or spouse, as
        applicable, has already obtained other employment.
            ``(3) Program reviews.--The Secretary shall make adjustments to
        the model used to select institutions of higher education
        participating under this title for program reviews in order to
        account for any rise in the use of professional judgment under this
        section during the award years applicable to the qualifying
        emergency, as determined by the Secretary.
            ``(4) Qualifying emergency.--In this subsection, the term
        `qualifying emergency' means--
                ``(A) an event for which the President declared a major
            disaster or an emergency under section 401 or 501,
            respectively, of the Robert T. Stafford Disaster Relief and
            Emergency Assistance Act (42 U.S.C. 5170 and 5191);
                ``(B) a national emergency related to the coronavirus
            declared by the President under section 201 of the National
            Emergencies Act (50 U.S.C. 1601 et seq.); or
                ``(C) a period of recession or economic downturn as
            determined by the Secretary, in consultation with the Secretary
            of Labor.''.
        (j) Disregard of Student Aid in Other Programs.--Section 479B of
    the Higher Education Act of 1965 (20 U.S.C. 1087uu) is amended to read
    as follows:
    ``SEC. 479B. DISREGARD OF STUDENT AID IN OTHER PROGRAMS.
        ``Notwithstanding any other provision of law, student financial
    assistance received under this title, Bureau of Indian Education
    student assistance programs, and employment and training programs under
    section 134 of the Workforce Innovation and Opportunity Act (29 U.S.C.
    3174 et. seq.) shall not be taken into account in determining the need
    or eligibility of any person for benefits or assistance, or the amount
    of such benefits or assistance, under any Federal, State, or local
    program financed in whole or in part with Federal funds.''.
        (k) Native American Students.--Section 479C of the Higher Education
    Act of 1965 (20 U.S.C. 1087uu-1) is amended to read as follows:
    ``SEC. 479C. NATIVE AMERICAN STUDENTS.
        ``(a) In General.--In determining the student aid index for Native
    American students, computations performed pursuant to this part shall
    exclude--
            ``(1) any income and assets of $2,000 or less per individual
        payment received by the student (and spouse) and student's parents
        under Public Law 98-64 (25 U.S.C. 117a et seq.; 97 Stat. 365)
        (commonly known as the `Per Capita Act') or the Indian Tribal
        Judgment Funds Use or Distribution Act (25 U.S.C. 1401 et seq.);
        and
            ``(2) any income received by the student (and spouse) and
        student's parents under the Alaska Native Claims Settlement Act (43
        U.S.C. 1601 et seq.) or the Maine Indian Claims Settlement Act of
        1980 (25 U.S.C. 1721 et seq.).
        ``(b) Guidance.--The Secretary shall develop guidance, in
    consultation with Tribal Colleges and Universities (as defined in
    section 316) and the State higher education agency in Alaska and Maine,
    to implement the determination under subsection (a) without adding
    additional questions to the FAFSA, including through the use of the
    authority under section 479A.''.
        (l) Special Rules for Independent Students.--Part F of title IV of
    the Higher Education Act of 1965 (20 U.S.C. 1087kk et seq.) is further
    amended--
            (1) by inserting after section 479C the following:
    ``SEC. 479D. SPECIAL RULES FOR INDEPENDENT STUDENTS.
        ``(a) Determination Process for Unaccompanied Homeless Youth.--In
    making a determination of independence under section 480(d)(8), a
    financial aid administrator shall comply with the following:
            ``(1) Consider documentation of the student's circumstance to
        be adequate in the absence of documented conflicting information,
        if such documentation is provided through a documented phone call,
        written statement, or verifiable electronic data match by--
                ``(A) a local educational agency homeless liaison,
            designated pursuant to section 722(g)(1)(J)(ii) of the
            McKinney-Vento Homeless Assistance Act (42 U.S.C.
            11432(g)(1)(J)(ii)) or a designee of the liaison;
                ``(B) the director of an emergency or transitional shelter,
            street outreach program, homeless youth drop-in center, or
            other program serving individuals who are experiencing
            homelessness, or a designee of the director;
                ``(C) the director of a project supported by a Federal TRIO
            program or a Gaining Early Awareness and Readiness for
            Undergraduate program grant under chapter 1 or 2 of subpart 2
            of part A, or a designee of the director; or
                ``(D) a financial aid administrator at another institution
            who documented the student's circumstance in a prior award
            year.
            ``(2) If a student is unable to provide documentation from any
        individual described in paragraph (1), make a case-by-case
        determination, which shall be--
                ``(A) based on a written statement from, or a documented
            interview with, the student that confirms that the student is
            an unaccompanied homeless youth, or unaccompanied, at risk of
            homelessness, and self-supporting; and
                ``(B) made without regard to the reasons that the student
            is an unaccompanied homeless youth, or unaccompanied, at risk
            of homelessness, and self-supporting.
            ``(3) Consider a determination made under this subsection as
        distinct from a determination of independence under section
        480(d)(9).
        ``(b) Documentation Process for Foster Care Youth.--If an
    institution requires that a student provide documentation that the
    student was in foster care when the student was age 13 or older, a
    financial aid administrator shall consider any of the following as
    adequate documentation, in the absence of documented conflicting
    information:
            ``(1) Submission of a court order or official State
        documentation that the student received Federal or State support in
        foster care.
            ``(2) A documented phone call, written statement, or verifiable
        electronic data match, which confirms the student was in foster
        care at an applicable age, from--
                ``(A) a State, county, or tribal agency administering a
            program under part B or E of title IV of the Social Security
            Act (42 U.S.C. 621 et seq. and 670 et seq.);
                ``(B) a State Medicaid agency; or
                ``(C) a public or private foster care placing agency or
            foster care facility or placement.
            ``(3) A documented phone call or a written statement from an
        attorney, a guardian ad litem, or a Court Appointed Special
        Advocate that confirms that the student was in foster care at an
        applicable age and documents the person's relationship to the
        student.
            ``(4) Verification of the student's eligibility for an
        education and training voucher under the John H. Chafee Foster Care
        Program under section 477 of the Social Security Act (42 U.S.C.
        677).
            ``(5) A documented phone call or written statement from a
        financial aid administrator who documented the student's
        circumstance in a prior award year.
        ``(c) Timing.--A determination of independence under paragraph (2),
    (8), or (9) of section 480(d) for a student--
            ``(1) shall be made as quickly as practicable;
            ``(2) may be made as early as the year before the award year
        for which the student initially submits an application; and
            ``(3) shall be made not later than 60 days after the date of
        the student's enrollment during the award year for which the
        student initially submits an application.
        ``(d) Use of Earlier Determinations.--
            ``(1) Earlier determination by the institution.--Any student
        who is determined to be independent under paragraph (2), (8), or
        (9) of section 480(d) for a preceding award year at an institution
        shall be presumed to be independent for each subsequent award year
        at the same institution unless--
                ``(A) the student informs the institution that
            circumstances have changed; or
                ``(B) the institution has specific conflicting information
            about the student's independence and has informed the student
            of this information.
            ``(2) Earlier determination by another institution.--A
        financial aid administrator may make a determination of
        independence pursuant to section 479A(c), based upon a documented
        determination of independence that was previously made by another
        financial aid administrator under such paragraph in the same award
        year.
        ``(e) Retention of Documents.--A financial aid administrator shall
    retain all documents related to any determination of independence,
    including documented interviews, for at least the duration of the
    student's enrollment and an additional period prescribed by the
    Secretary to enable a student to utilize the documents for the purposes
    of subsection (a)(1)(D), (b)(5), or (d) of this section.''; and
            (2) by amending section 480 to read as follows:
        ``SEC. 480. DEFINITIONS.
        ``In this part:
        ``(a) Total Income.--The term `total income' means the amount equal
    to adjusted gross income for the second preceding tax year plus untaxed
    income and benefits for the second preceding tax year minus excludable
    income for the second preceding tax year. The factors used to determine
    total income shall be derived from the Federal income tax return, if
    available, except for the applicant's ability to indicate a qualified
    rollover in the second preceding tax year as outlined in section 483 or
    foreign income described in subsection (b)(5).
        ``(b) Untaxed Income and Benefits.--The term `untaxed income and
    benefits' means--
            ``(1) deductions and payments to self-employed SEP, SIMPLE,
        Keogh, and other qualified individual retirement accounts excluded
        from income for Federal tax purposes, except such term shall not
        include payments made to tax-deferred pension and retirement plans,
        paid directly or withheld from earnings, that are not delineated on
        the Federal tax return;
            ``(2) tax-exempt interest income;
            ``(3) untaxed portion of individual retirement account
        distributions;
            ``(4) untaxed portion of pensions; and
            ``(5) foreign income of permanent residents of the United
        States or United States citizens exempt from Federal taxation, or
        the foreign income for which such a permanent resident or citizen
        receives a foreign tax credit.
        ``(c) Veterans and Veterans' Education Benefits.--(1) The term
    `veteran' has the meaning given the term in section 101(2) of title 38,
    United States Code, and includes individuals who served in the United
    States Armed Forces as described in sections 101(21), 101(22), and
    101(23) of title 38, United States Code.
        ``(2) The term `veterans' education benefits' means veterans'
    benefits under the following provisions of law:
            ``(A) Chapter 103 of title 10, United States Code (Senior
        Reserve Officers' Training Corps).
            ``(B) Chapter 106A of title 10, United States Code (Educational
        Assistance for Persons Enlisting for Active Duty).
            ``(C) Chapter 1606 of title 10, United States Code (Selected
        Reserve Educational Assistance Program).
            ``(D) Chapter 1607 of title 10, United States Code (Educational
        Assistance Program for Reserve Component Members Supporting
        Contingency Operations and Certain Other Operations).
            ``(E) Chapter 30 of title 38, United States Code (All-Volunteer
        Force Educational Assistance Program, also known as the `Montgomery
        GI Bill--active duty').
            ``(F) Chapter 31 of title 38, United States Code (Training and
        Rehabilitation for Veterans with Service-Connected Disabilities).
            ``(G) Chapter 32 of title 38, United States Code (Post-Vietnam
        Era Veterans' Educational Assistance Program).
            ``(H) Chapter 33 of title 38, United States Code (Post-9/11
        Educational Assistance).
            ``(I) Chapter 35 of title 38, United States Code (Survivors'
        and Dependents' Educational Assistance Program).
            ``(J) Section 903 of the Department of Defense Authorization
        Act, 1981 (10 U.S.C. 2141 note) (Educational Assistance Pilot
        Program).
            ``(K) Section 156(b) of the `Joint Resolution making further
        continuing appropriations and providing for productive employment
        for the fiscal year 1983, and for other purposes' (42 U.S.C. 402
        note) (Restored Entitlement Program for Survivors, also known as
        `Quayle benefits').
            ``(L) The provisions of chapter 3 of title 37, United States
        Code, related to subsistence allowances for members of the Reserve
        Officers Training Corps.
        ``(d) Independent Students and Determinations.--The term
    `independent', when used with respect to a student, means any
    individual who--
            ``(1) is 24 years of age or older by December 31 of the award
        year;
            ``(2) is, or was at any time when the individual was 13 years
        of age or older--
                ``(A) an orphan;
                ``(B) a ward of the court; or
                ``(C) in foster care;
            ``(3) is, or was immediately prior to attaining the age of
        majority, an emancipated minor or in legal guardianship as
        determined by a court of competent jurisdiction in the individual's
        State of legal residence;
            ``(4) is a veteran of the Armed Forces of the United States (as
        defined in subsection (c)) or is currently serving on active duty
        in the Armed Forces for other than training purposes;
            ``(5) is a graduate or professional student;
            ``(6) is married and not separated;
            ``(7) has legal dependents other than a spouse;
            ``(8) is an unaccompanied homeless youth or is unaccompanied,
        at risk of homelessness, and self-supporting, without regard to
        such individual's age; and
            ``(9) is a student for whom a financial aid administrator makes
        a documented determination of independence by reason of other
        unusual circumstances pursuant to section 479A(c) in which the
        student is unable to contact a parent or where contact with parents
        poses a risk to such student, which includes circumstances of--
                ``(A) human trafficking, as described in the Trafficking
            Victims Protection Act of 2000 (22 U.S.C. 7101 et seq.);
                ``(B) legally granted refugee or asylum status;
                ``(C) parental abandonment or estrangement; or
                ``(D) student or parental incarceration.
        ``(e) Excludable Income.--The term `excludable income' means--
            ``(1) an amount equal to the education credits described in
        paragraphs (1) and (2) of section 25A(a) of the Internal Revenue
        Code of 1986;
            ``(2) if an applicant elects to report it, college grant and
        scholarship aid included in gross income on a Federal tax return,
        including amounts attributable to grant and scholarship portions of
        fellowships and assistantships and any national service educational
        award or post-service benefit received by an individual under title
        I of the National and Community Service Act of 1990 (42 U.S.C.
        12511 et seq.), including awards, living allowances, and interest
        accrual payments; and
            ``(3) income earned from work under part C of this title.
        ``(f) Assets.--
            ``(1) In general.--The term `assets' means the amount in
        checking and savings accounts, time deposits, money market funds,
        investments, trusts, stocks, bonds, derivatives, securities, mutual
        funds, tax shelters, qualified education benefits (except as
        provided in paragraph (3)), the annual amount of child support
        received and the net value of real estate, vacation homes, income
        producing property, and business and farm assets, determined in
        accordance with section 478(c).
            ``(2) Exclusions.--With respect to determinations of need under
        this title, the term `assets' shall not include the net value of
        the family's principal place of residence.
            ``(3) Consideration of qualified education benefit.--A
        qualified education benefit shall be considered an asset of--
                ``(A) the student if the student is an independent student;
            or
                ``(B) the parent if the student is a dependent student and
            the account is designated for the student, regardless of
            whether the owner of the account is the student or the parent.
            ``(4) Definition of qualified education benefit.--In this
        subsection, the term `qualified education benefit' means--
                ``(A) a qualified tuition program (as defined in section
            529(b)(1)(A) of the Internal Revenue Code of 1986) or other
            prepaid tuition plan offered by a State; and
                ``(B) a Coverdell education savings account (as defined in
            section 530(b)(1) of the Internal Revenue Code of 1986).
        ``(g) Net Value.--The term `net value' means the market value at
    the time of application of the assets (as defined in subsection (f)),
    minus the outstanding liabilities or indebtedness against the assets.
        ``(h) Treatment of Income Taxes Paid to Other Jurisdictions.--
            ``(1) The tax on income paid to the Governments of the
        Commonwealth of Puerto Rico, Guam, American Samoa, the Virgin
        Islands, or the Commonwealth of the Northern Mariana Islands, the
        Republic of the Marshall Islands, the Federated States of
        Micronesia, or Palau under the laws applicable to those
        jurisdictions, or the comparable tax paid to the central government
        of a foreign country, shall be treated as Federal income taxes.
            ``(2) References in this part to the Internal Revenue Code of
        1986, Federal income tax forms, and the Internal Revenue Service
        shall, for purposes of the tax described in paragraph (1), be
        treated as references to the corresponding laws, tax forms, and tax
        collection agencies of those jurisdictions, respectively, subject
        to such adjustments as the Secretary may provide by regulation.
        ``(i) Other Financial Assistance.--
            ``(1) For purposes of determining a student's eligibility for
        funds under this title, other financial assistance not received
        under this title shall include all scholarships, grants, loans, or
        other assistance known to the institution at the time the
        determination of the student's need is made, including national
        service educational awards or post-service benefits under title I
        of the National and Community Service Act of 1990 (42 U.S.C. 12511
        et seq.), but excluding veterans' education benefits.
            ``(2) Notwithstanding paragraph (1), a tax credit taken under
        section 25A of the Internal Revenue Code of 1986, or a distribution
        that is not includable in gross income under section 529 of such
        Code, under another prepaid tuition plan offered by a State, or
        under a Coverdell education savings account under section 530 of
        such Code, shall not be treated as other financial assistance for
        purposes of section 471(a)(3).
            ``(3) Notwithstanding paragraph (1) and section 472, assistance
        not received under this title may be excluded from both other
        financial assistance and cost of attendance, if that assistance is
        provided by a State and is designated by such State to offset a
        specific component of the cost of attendance. If that assistance is
        excluded from either other financial assistance or cost of
        attendance, it shall be excluded from both.
            ``(4) Notwithstanding paragraph (1), payments made and services
        provided under part E of title IV of the Social Security Act to or
        on behalf of any child or youth over whom the State agency has
        responsibility for placement, care, or supervision, including the
        value of vouchers for education and training and amounts expended
        for room and board for youth who are not in foster care but are
        receiving services under section 477 of such Act, shall not be
        treated as other financial assistance for purposes of section
        471(a)(3).
            ``(5) Notwithstanding paragraph (1), emergency financial
        assistance provided to the student for unexpected expenses that are
        a component of the student's cost of attendance, and not otherwise
        considered when the determination of the student's need is made,
        shall not be treated as other financial assistance for purposes of
        section 471(a)(3).
        ``(j) Dependents.--
            ``(1) Except as otherwise provided, the term `dependent of the
        parent' means the student who is deemed to be a dependent student
        when applying for aid under this title, and any other person who
        lives with and receives more than one-half of their support from
        the parent (or parents) and will continue to receive more than half
        of their support from the parent (or parents) during the award
        year.
            ``(2) Except as otherwise provided, the term `dependent of the
        student' means the student's dependent children and other persons
        (except the student's spouse) who live with and receive more than
        one-half of their support from the student and will continue to
        receive more than half of their support from the student during the
        award year.
        ``(k) Family Size.--
            ``(1) Dependent student.--Except as provided in paragraph (3),
        in determining family size in the case of a dependent student--
                ``(A) if the parents are not divorced or separated, family
            members include the student's parents, and any dependent
            (within the meaning of section 152 of the Internal Revenue Code
            of 1986 or an eligible individual for purposes of the credit
            under section 24 of the Internal Revenue Code of 1986) of the
            student's parents for the taxable year used in determining the
            amount of need of the student for financial assistance under
            this title;
                ``(B) if the parents are divorced or separated, family
            members include the parent whose income is included in
            computing available income and any dependent (within the
            meaning of section 152 of the Internal Revenue Code of 1986 or
            an eligible individual for purposes of the credit under section
            24 of the Internal Revenue Code of 1986) of that parent for the
            taxable year used in determining the amount of need of the
            student for financial assistance under this title;
                ``(C) if the parents are divorced and the parents whose
            income is so included are remarried, or if the parent was a
            widow or widower who has remarried, family members also
            include, in addition to those individuals referred to in
            subparagraph (B), the new spouse and any dependent (within the
            meaning of section 152 of the Internal Revenue Code of 1986 or
            an eligible individual for purposes of the credit under section
            24 of the Internal Revenue Code of 1986) of the new spouse for
            the taxable year used in determining the amount of need of the
            student for financial assistance under this title, if that
            spouse's income is included in determining the parent's
            adjusted available income; and
                ``(D) if the student is not considered as a dependent
            (within the meaning of section 152 of the Internal Revenue Code
            of 1986 or an eligible individual for purposes of the credit
            under section 24 of the Internal Revenue Code of 1986) of any
            parent, the parents' family size shall include the student and
            the family members applicable to the parents' situation under
            subparagraph (A), (B), or (C).
            ``(2) Independent student.--Except as provided in paragraph
        (3), in determining family size in the case of an independent
        student--
                ``(A) family members include the student, the student's
            spouse, and any dependent (within the meaning of section 152 of
            the Internal Revenue Code of 1986 or an eligible individual for
            purposes of the credit under section 24 of the Internal Revenue
            Code of 1986) of that student for the taxable year used in
            determining the amount of need of the student for financial
            assistance under this title; and
                ``(B) if the student is divorced or separated, family
            members do not include the spouse (or ex-spouse), but do
            include the student and any dependent (within the meaning of
            section 152 of the Internal Revenue Code of 1986 or an eligible
            individual for purposes of the credit under section 24 of the
            Internal Revenue Code of 1986) of that student for the taxable
            year used in determining the amount of need of the student for
            financial assistance under this title.
            ``(3) Procedures and modification.--The Secretary shall provide
        procedures for determining family size in cases in which
        information for the taxable year used in determining the amount of
        need of the student for financial assistance under this title has
        changed or does not accurately reflect the applicant's current
        household size, including when a divorce settlement only allows a
        parent to file for the Earned Income Tax Credit available under
        section 32 of the Internal Revenue Code of 1986.
        ``(l) Business Assets.--The term `business assets' means property
    that is used in the operation of a trade or business, including real
    estate, inventories, buildings, machinery, and other equipment,
    patents, franchise rights, and copyrights.
        ``(m) Homeless Youth.--The term `homeless youth' has the meaning
    given the term `homeless children and youths' in section 725 of the
    McKinney-Vento Homeless Assistance Act (42 U.S.C. 11434a).
        ``(n) Unaccompanied.--The terms `unaccompanied', `unaccompanied
    youth', or `unaccompanied homeless youth' have the meaning given the
    term `unaccompanied youth' in section 725 of the McKinney-Vento
    Homeless Assistance Act (42 U.S.C. 11434a).''.
        (m) FAFSA.--
            (1) In general.--Section 483 of the Higher Education Act of
        1965 (20 U.S.C. 1090) is amended to read as follows:
        ``SEC. 483. FREE APPLICATION FOR FEDERAL STUDENT AID.
        ``(a) Simplified Application for Federal Student Financial Aid.--
            ``(1) In general.--Each individual seeking to apply for Federal
        financial aid under this title for award year 2023-2024 and any
        subsequent award year shall file a free application with the
        Secretary, known as the `Free Application for Federal Student Aid',
        to determine eligibility for such aid, as described in paragraph
        (2), and in accordance with section 479.
            ``(2) Free application.--
                ``(A) In general.--The Secretary shall make available, for
            the purposes of paragraph (1), a free application to determine
            the eligibility of a student for Federal financial aid under
            this title.
                ``(B) Information required by the applicant.--
                    ``(i) In general.--The applicant, and, if necessary,
                the parents or spouse of the applicant, shall provide the
                Secretary with the applicable information described in
                clause (ii) in order to be eligible for Federal financial
                aid under this title.
                    ``(ii) Information to be provided.--The information
                described in this clause is the following:

                        ``(I) Name.
                        ``(II) Contact information, including address,
                    phone number, email address, or other electronic
                    address.
                        ``(III) Social security number.
                        ``(IV) Date of birth.
                        ``(V) Marital status.
                        ``(VI) Citizenship status, including alien
                    registration number, if applicable.
                        ``(VII) Sex.
                        ``(VIII) Race or ethnicity, using categories
                    developed in consultation with the Bureau of the Census
                    and the Director of the Institute of Education Sciences
                    that, to the greatest extent practicable, separately
                    capture the racial groups specified in the American
                    Community Survey of the Bureau of the Census.
                        ``(IX) State of legal residence and date of
                    residency.
                        ``(X) The following information on secondary school
                    completion:

                            ``(aa) Name and location of the high school
                        from which the applicant received, or will receive
                        prior to the period of enrollment for which aid is
                        sought, a regular high school diploma;
                            ``(bb) name and location of the entity from
                        which the applicant received, or will receive prior
                        to the period of enrollment for which aid is
                        sought, a recognized equivalent of a regular high
                        school diploma; or
                            ``(cc) if the applicant completed or will
                        complete prior to the period of enrollment for
                        which aid is sought, a secondary school education
                        in a home school setting that is treated as a home
                        school or private school under State law.

                        ``(XI) Name of each institution where the applicant
                    intends to apply for enrollment or continue enrollment.
                        ``(XII) Year in school for period of enrollment for
                    which aid is sought, including whether applicant will
                    have finished first bachelor's degree prior to the
                    period of enrollment for which aid is sought.
                        ``(XIII) Whether one or both of the applicant's
                    parents attended college.
                        ``(XIV) Any required asset information, unless
                    exempt under section 479, in which the applicant shall
                    indicate--

                            ``(aa) the annual amount of child support
                        received, if applicable; and
                            ``(bb) all required asset information not
                        described in item (aa).

                        ``(XV) The number of members of the applicant's
                    family who will also be enrolled in an eligible
                    institution of higher education on at least a half-time
                    basis during the same enrollment period as the
                    applicant.
                        ``(XVI) If the applicant meets any of the following
                    designations:

                            ``(aa) Is an unaccompanied homeless youth, or
                        is unaccompanied, at risk of homelessness, and
                        self-supporting.
                            ``(bb) Is an emancipated minor.
                            ``(cc) Is in legal guardianship.
                            ``(dd) Has been a dependent ward of the court
                        at any time since the applicant turned 13.
                            ``(ee) Has been in foster care at any time
                        since the applicant turned 13.
                            ``(ff) Both parents have died since the
                        applicant turned 13.
                            ``(gg) Is a veteran of the Armed Forces of the
                        United States or is serving (on the date of the
                        application) on active duty in the Armed Forces for
                        other than training purposes.
                            ``(hh) Is under the age of 24 and has a
                        dependent child or relative.
                            ``(ii) Does not have access to parental
                        information due to an unusual circumstance
                        described in section 480(d)(9).

                        ``(XVII) If the applicant receives or has received
                    any of the following means-tested Federal benefits
                    within the last two years:

                            ``(aa) The supplemental security income program
                        under title XVI of the Social Security Act (42
                        U.S.C. 1381 et seq.).
                            ``(bb) The supplemental nutrition assistance
                        program under the Food and Nutrition Act of 2008 (7
                        U.S.C. 2011 et seq.), a nutrition assistance
                        program carried out under section 19 of such Act (7
                        U.S.C. 2028), or a supplemental nutrition
                        assistance program carried out under section 3(c)
                        of the Act entitled `An Act to authorize
                        appropriations for certain insular areas of the
                        United States, and for other purposes' (Public Law
                        95-348).
                            ``(cc) The free and reduced price school lunch
                        program established under the Richard B. Russell
                        National School Lunch Act (42 U.S.C. 1751 et seq.).
                            ``(dd) The program of block grants for States
                        for temporary assistance for needy families
                        established under part A of title IV of the Social
                        Security Act (42 U.S.C. 601 et seq.).
                            ``(ee) The special supplemental nutrition
                        program for women, infants, and children
                        established by section 17 of the Child Nutrition
                        Act of 1966 (42 U.S.C. 1786).
                            ``(ff) The Medicaid program under title XIX of
                        the Social Security Act (42 U.S.C. 1396 et seq.).
                            ``(gg) Federal housing assistance programs,
                        including tenant-based assistance under section
                        8(o) of the United States Housing Act of 1937 (42
                        U.S.C. 1437f(o)), and public housing, as defined in
                        section 3(b)(1) of such Act (42 U.S.C.
                        1437a(b)(1)).
                            ``(hh) Refundable credit for coverage under a
                        qualified health plan under section 36B of the
                        Internal Revenue Code of 1986.
                            ``(ii) The Earned Income Tax Credit under
                        section 32 of the Internal Revenue Code of 1986.
                            ``(jj) Any other means-tested program
                        determined by the Secretary to be appropriate.

                        ``(XVIII) If the applicant, or, if necessary, the
                    parents or spouse of the applicant, reported receiving
                    tax exempt payments from an individual retirement plan
                    (as defined in section 7701 of the Internal Revenue
                    Code of 1986) distribution or from pensions or
                    annuities on a Federal tax return, information as to
                    how much of the individual retirement plan distribution
                    or pension or annuity disbursement was a qualified
                    rollover.
                        ``(XIX) If the applicant, or, if necessary, the
                    parents or spouse of the applicant, reported receiving
                    foreign income that is exempt from Federal taxation or
                    for which a permanent resident of the United States or
                    United States citizen receives a foreign tax credit,
                    information regarding the amount of such foreign
                    income.
                        ``(XX) If the applicant, or, if applicable, the
                    parents or spouse of the applicant, elects to report
                    receiving college grant and scholarship aid included in
                    gross income on a Federal tax return described in
                    section 480(e)(2), information regarding the amount of
                    such aid

                    ``(iii) Prohibition against requesting information more
                than once.--Any information requested during the process of
                creating an account for completing the free application
                under this subsection, shall, to the fullest extent
                possible, not be required a second time for the same award
                year, or in a duplicative manner, when completing such free
                application except in the case of an unusual situation,
                such as a temporary inability to access an account for
                completing such free application.
                    ``(iv) Change in family size.--The Secretary shall
                provide a process by which an applicant shall confirm the
                accuracy of family size or update the family size with
                respect to such applicant for purposes of determining the
                need of such applicant for financial assistance under this
                title based on a change in family size from the tax year
                data used for such determination.
                    ``(v) Single question for homeless status.--The
                Secretary shall ensure that--

                        ``(I) on the form developed under this section for
                    which the information is applicable, there is a single,
                    easily understood screening question to identify an
                    applicant who is an unaccompanied homeless youth or is
                    unaccompanied, at risk of homelessness, and self-
                    supporting; and
                        ``(II) such question is distinct from those
                    relating to an individual who does not have access to
                    parental income due to an unusual circumstance.

                    ``(vi) Adjustments.--The Secretary shall disclose on
                the FAFSA that the student may, on a case-by-case basis,
                qualify for an adjustment under section 479A to the cost of
                attendance or the values of the data items required to
                calculate the student's eligibility for a Federal Pell
                Grant or the student aid index for the student or parent.
                ``(C) Notification and approval of request for tax return
            information.--The Secretary shall notify students and borrowers
            who wish to submit an application for Federal student financial
            aid under this title (as well as parents and spouses who must
            sign such an application or request or a Master Promissory Note
            on behalf of those students and borrowers) of the authority of
            the Secretary to require that such persons affirmatively
            approve that the Internal Revenue Service disclose their tax
            return information as described in section 494.
                ``(D) Authorizations available to the applicant.--
                    ``(i) Authorization to disclose fafsa information,
                including a redisclosure of tax return information, to
                institution, state higher education agency, and designated
                scholarship organizations.--An applicant and, if necessary,
                the parents or spouse of the applicant shall provide the
                Secretary with authorization to disclose to an institution,
                State higher education agency, and scholarship
                organizations (designated (prior to the date of enactment
                of the FUTURE Act (Public Law 116-91)) by the Secretary
                under section 483(a)(3)(E)) as in effect on such date of
                enactment, as specified by the applicant and in accordance
                with section 494, in order for the applicant's eligibility
                for Federal financial aid programs, State financial aid
                programs, institutional financial aid programs, and
                scholarship programs at scholarship organizations
                (designated (prior to the date of enactment of the FUTURE
                Act (Public Law 116-91)) by the Secretary under section
                483(a)(3)(E)) as in effect on such date of enactment, to be
                determined, the following:

                        ``(I) Information described under section
                    6103(l)(13) of the Internal Revenue Code of 1986.
                        ``(II) All information provided by the applicant on
                    the application described by this subsection to
                    determine the applicant's eligibility for Federal
                    financial aid under this title and for the application,
                    award, and administration of such Federal financial
                    aid, except the name of an institution to which an
                    applicant selects to redisclose information shall not
                    be disclosed to any other institution.

                    ``(ii) Authorization to disclose to benefits
                programs.--An applicant and, if necessary, the parents or
                spouse of the applicant may provide the Secretary with
                authorization to disclose to applicable agencies that
                handle applications for means-tested Federal benefit
                programs, as defined in section 479(b)(4)(H), all
                information provided by the applicant on the application
                described by this subsection as well as such applicant's
                student aid index and scheduled Federal Pell Grant award to
                assist in identification, outreach and application efforts
                for the application, award, and administration of such
                means-tested Federal benefits programs, except such
                information shall not include Federal tax information as
                specified in section 6103(l)(13)(C) of the Internal Revenue
                Code of 1986.
                ``(E) Action by the secretary.--Upon receiving--
                    ``(i) an application under this section, the Secretary
                shall, as soon as practicable, perform the necessary
                functions with the Commissioner of Internal Revenue to
                calculate the applicant's student aid index and scheduled
                award for a Federal Pell Grant, if applicable, assuming
                full-time enrollment for an academic year, and note to the
                applicant the assumptions relationship to the scheduled
                award; and
                    ``(ii) an authorization under subparagraph (D), the
                Secretary shall, as soon as practicable, disclose the
                information described under such subparagraph, as specified
                by the applicant, in order for the applicant's eligibility
                for Federal, State, or institutional student financial aid
                programs or means-tested Federal benefit programs to be
                estimated or determined.
                ``(F) Work study wages.--With respect to an applicant who
            has received income earned from work under part C of this
            title, the Secretary shall take the steps necessary to collect
            information on the amount of such income for the purposes of
            calculating such applicant's student aid index and scheduled
            award for a Federal Pell Grant, if applicable, without adding
            additional questions to the FAFSA, including by collecting such
            information from institutions of higher education participating
            in work-study programs under part C of this title.
            ``(3) Information to be supplied by the secretary of
        education.--
                ``(A) In general.--Upon receiving and timely processing a
            free application that contains the information described in
            paragraph (2), the Secretary shall provide to the applicant the
            following information based on full-time attendance for an
            academic year:
                    ``(i) The estimated dollar amount of a Federal Pell
                Grant scheduled award for which the applicant is eligible
                for such award year.
                    ``(ii) Information on other types of Federal financial
                aid for which the applicant may be eligible (including
                situations in which the applicant could qualify for 150
                percent of a scheduled Federal Pell Grant award and loans
                made under this title) and how the applicant can find
                additional information regarding such aid.
                    ``(iii) Consumer-tested information regarding each
                institution selected by the applicant in accordance with
                paragraph (2)(B)(ii)(XI), which may include the following:

                        ``(I) The following information, as collected
                    through the Integrated Postsecondary Education Data
                    System or a successor Federal data system as designated
                    by the Secretary:

                            ``(aa) Net price by the income categories, as
                        described under section 132(i)(6), and
                        disaggregated by undergraduate and graduate
                        programs, as applicable.
                            ``(bb) Graduation rate.
                            ``(cc) Retention rate.
                            ``(dd) Transfer rate, if available.

                        ``(II) Median debt of students upon completion.
                        ``(III) Institutional default rate, as calculated
                    under section 435.

                    ``(iv) If the student is eligible for a student aid
                index of less than or equal to zero under section 473, a
                notification of the Federal means-tested benefits that they
                have not already indicated they receive, but for which they
                may be eligible, and relevant links and information on how
                to apply for such benefits.
                    ``(v) Information on education tax benefits described
                in paragraphs (1) and (2) of section 25A(a) of the Internal
                Revenue Code of 1986 or other applicable education tax
                benefits determined in consultation with the Secretary of
                the Treasury.
                    ``(vi) If the individual identified as a veteran, or as
                serving (on the date of the application) on active duty in
                the Armed Forces for other than training purposes,
                information on benefits administered by the Department of
                Veteran Affairs or Department of Defense, respectively.
                    ``(vii) If applicable, the applicant's current
                outstanding balance of loans under this title.
                ``(B) Information provided to the state.--
                    ``(i) In general.--The Secretary shall redisclose, with
                authorization from the applicant in accordance with
                paragraph (2)(D)(i), to a State higher education agency
                administering State-based financial aid and serving the
                applicant's State of residence, the information described
                under section 6103(l)(13) of the Internal Revenue Code of
                1986 and information described in paragraph (2)(B) for the
                application, award, and administration of grants and other
                student financial aid provided directly from the State to
                be determined by such State. Such information shall include
                the list of institutions provided by the applicant on the
                application.
                    ``(ii) Use of information.--A State agency
                administering State-based financial aid--

                        ``(I) shall use the information provided under
                    clause (i) solely for the application, award, and
                    administration of State-based financial aid for which
                    the applicant is eligible;
                        ``(II) may use the information, except for the
                    information described under section 6103(l)(13) of the
                    Internal Revenue Code of 1986, for State agency
                    research that does not release any individually
                    identifiable information on any applicant to promote
                    college attendance, persistence, and completion;
                        ``(III) may use identifying information provided by
                    student applicants on the FAFSA to determine whether or
                    not a graduating secondary student has filed the
                    application in coordination with local educational
                    agencies or secondary schools to encourage students to
                    complete the application; and
                        ``(IV) may share the application information,
                    excluding the information described under section
                    6103(l)(13) of the Internal Revenue Code of 1986, with
                    any other entity, only if such applicant provides
                    explicit written consent of the applicant, except as
                    provided in subclause (III).

                    ``(iii) Limitation on consent process.--A State may
                provide a consent process whereby an applicant may elect to
                share the information described in clause (i), except for
                the information described in section 6103(l)(13) of the
                Internal Revenue Code of 1986, through explicit written
                consent to Federal, State, or local government agencies or
                tribal organizations to assist such applicant in applying
                for and receiving Federal, State, or local government
                assistance, or tribal assistance for any component of the
                applicant's cost of attendance that may include financial
                assistance or non-monetary assistance.
                    ``(iv) Prohibition.--Any entity that receives applicant
                information under clause (iii) shall not sell, share, or
                otherwise use applicant information other than for the
                purposes outlined in clause (iii).
                ``(C) Use of information provided to the institution.--An
            institution--
                    ``(i) shall use the information provided to it solely
                for the application, award, and administration of financial
                aid to the applicant;
                    ``(ii) may use the information provided, excluding the
                information described under section 6013(l)(13) of the
                Internal Revenue Code of 1986, for research that does not
                release any individually identifiable information on any
                applicant, to promote college attendance, persistence, and
                completion; and
                    ``(iii) shall not share such educational record
                information with any other entity without the explicit
                written consent of the applicant.
                ``(D) Prohibition.--Any entity that receives applicant
            information under subparagraph (C)(iii) shall not sell, share,
            or otherwise use applicant information other than for the
            purposes outlined in subparagraph (C).
                ``(E) Fafsa information that includes tax return
            information.--An applicant's FAFSA information that includes
            return or return information as described in section
            6103(l)(13) of the Internal Revenue Code of 1986 may be
            disclosed or redisclosed (which shall include obtaining,
            sharing, or discussing such information) only in accordance
            with the procedures described in section 494.
            ``(4) Development of form and information exchange.--Prior to
        the design of the free application under this subsection, the
        Secretary shall, to the maximum extent practicable, on an annual
        basis--
                ``(A) consult with stakeholders to gather information about
            innovations and technology available to--
                    ``(i) ensure an efficient and effective process;
                    ``(ii) mitigate unintended consequences; and
                    ``(iii) determine the best practices for outreach to
                students and families during the transition to the
                streamlined process for the determination of Federal
                financial aid and Federal Pell Grant eligibility while
                reducing the data burden on applicants and families; and
                ``(B) solicit public comments for the format of the free
            application that provides for adequate time to incorporate
            feedback prior to development of the application for the
            succeeding award year.
            ``(5) No additional information requests permitted.--In
        carrying out this subsection, the Secretary may not require
        additional information to be submitted by an applicant (or the
        parents or spouse of an applicant) for Federal financial aid
        through other requirements or reporting, except as required under a
        process or procedure exercised in accordance with the authority
        under section 479A.
            ``(6) State-run programs.--
                ``(A) In general.--The Secretary shall conduct outreach to
            States in order to research the benefits to students of States
            relying solely on the student aid index, scheduled Pell Grant
            Award, or the financial data made available, upon authorization
            by the applicant, as a result of an application for aid under
            this subsection for determining the eligibility of the
            applicant for State provided financial aid.
                ``(B) Secretarial review.--If a State determines that there
            is a need for additional data elements beyond those provided
            pursuant to this subsection for determining the eligibility of
            an applicant for State provided financial aid, the State shall
            forward a list of those additional data elements determined
            necessary, but not provided by virtue of the application under
            this subsection, to the Secretary. The Secretary shall make
            readily available to the public through the Department's
            websites and other means--
                    ``(i) a list of States that do not require additional
                financial information separate from the Free Application
                for Federal Student Aid and do not require asset
                information from students who qualify for the exemption
                from asset reporting under section 479 for the purposes of
                awarding State scholarships and grant aid;
                    ``(ii) a list of States that require asset information
                from students who qualify for the exemption from asset
                reporting under section 479 for the purposes of awarding
                State scholarships and grant aid;
                    ``(iii) a list of States that have indicated that they
                require additional financial information separate from the
                Free Application for Federal Student Aid for purposes of
                awarding State scholarships and grant aid; and
                    ``(iv) with the publication of the lists under this
                subparagraph, information about additional resources
                available to applicants, including links to such State
                websites.
            ``(7) Institution-run financial aid.--
                ``(A) In general.--The Secretary shall conduct outreach to
            institutions of higher education to describe the benefits to
            students of relying solely on the student aid index, scheduled
            Pell Grant Award, or the financial data made available, upon
            authorization for release by the applicant, as a result of an
            application for aid under this subsection for determining the
            eligibility of the applicant for institutional financial aid.
            The Secretary shall make readily available to the public
            through its websites and other means--
                    ``(i) a list of institutions that do not require
                additional financial information separate from the Free
                Application for Federal Student Aid and do not require
                asset information from students who qualify for the
                exemption from asset reporting under section 479 for the
                purpose of awarding institution-run financial aid;
                    ``(ii) a list of institutions that require asset
                information from students who qualify for the exemption
                from asset reporting under section 479 for the purpose of
                awarding institution-run financial aid;
                    ``(iii) a list of institutions that require additional
                financial information separate from the Free Application
                for Federal Student Aid for the purpose of awarding
                institution-run financial aid; and
                    ``(iv) with the publication of the list in clause
                (iii), information about additional resources available to
                applicants.
            ``(8) Security of data.--The Secretary shall, in consultation
        with the Secretary of the Treasury--
                ``(A) take all necessary steps to safeguard the data
            required to be transmitted for the purpose of this section
            between Federal agencies and to States and institutions of
            higher education and secure the transmittal of such data;
                ``(B) provide guidance to States and institutions of higher
            education regarding their obligation to ensure the security of
            the data provided under this section and section 6103 of the
            Internal Revenue Code of 1986; and
                ``(C) provide guidance on the implementation of section
            6103 of the Internal Revenue Code of 1986, including how it
            intersects with the provisions of section 444 of the General
            Education Provisions Act (commonly known as the `Family
            Educational Rights and Privacy Act of 1974'), and any
            additional consent processes that may be available to
            applicants in accordance with the Internal Revenue Code of 1986
            regarding sharing of Federal tax information.
            ``(9) Report to congress.--
                ``(A) In general.--Not later than 1 year after the date of
            enactment of the FAFSA Simplification Act, the Secretary shall
            report to the authorizing committees on the progress of the
            Secretary in carrying out this subsection, including planning
            and stakeholder consultation. Such report shall include--
                    ``(i) benchmarks for implementation;
                    ``(ii) entities and organizations that the Secretary
                consulted;
                    ``(iii) system requirements for such implementation and
                how they will be addressed;
                    ``(iv) any areas of concern and potential problem
                issues uncovered that may hamper such implementation; and
                    ``(v) solutions determined to address such issues.
                ``(B) Updates.--The Secretary shall provide updates to the
            authorizing committees--
                    ``(i) as to the progress and planning described in
                subparagraph (A) prior to implementation of the revisions
                to the Free Application for Federal Student Aid under this
                subsection not less often than quarterly; and
                    ``(ii) at least 6 months and 1 year after
                implementation of the revisions to the Free Application for
                Federal Student Aid.
        ``(b) Adjustments and Improvements.--
            ``(1) In general.--The Secretary shall disclose in a consumer-
        tested format, upon completion of the Free Application for Federal
        Student Aid under this section, that the student may, on a case-by-
        case basis, qualify for an adjustment under section 479A to the
        cost of attendance or the values of the data items required to
        calculate the Federal Pell Grant or the need analysis for the
        student or parent. Such disclosure shall specify--
                ``(A) examples of the special circumstances under which a
            student or family member may qualify for such adjustment or
            determination of independence; and
                ``(B) additional information regarding the steps a student
            or family member may take in order to seek an adjustment under
            section 479A.
            ``(2) Consumer testing.--
                ``(A) In general.--Not later than 9 months after the date
            of enactment of the FAFSA Simplification Act, the Secretary
            shall begin consumer testing the design of the Free Application
            for Federal Student Aid under this section with prospective
            first-generation college students, representatives of students
            (including low-income students, English learners, first-
            generation college students, adult students, veterans,
            servicemembers, and prospective students), students' families
            (including low-income families, families with English learners,
            families with first-generation college students, and families
            with prospective students), institutions of higher education,
            secondary school and postsecondary counselors, and nonprofit
            consumer groups.
                ``(B) Updates.--For award year 2023-2024 and at least each
            fourth succeeding award year thereafter, the Secretary shall
            update the design of the Free Application for Federal Student
            Aid based on additional consumer testing with the populations
            described in subparagraph (A) in order to improve the usability
            and accessibility of the application.
            ``(3) Accessibility of the fafsa.--The Secretary shall--
                ``(A) in conjunction with the Bureau of the Census,
            determine the most common languages spoken by English learner
            students and their parents in the United States;
                ``(B) develop and make publicly available versions of the
            Free Application for Federal Student Aid form in not fewer than
            11 of the most common languages determined under subparagraph
            (A) and make such versions available and accessible to
            applicants in paper and electronic formats; and
                ``(C) ensure that the Free Application for Federal Student
            Aid is available in formats accessible to individuals with
            disabilities and compliant with the most recent Web Content
            Accessibility Guidelines, or successor guidelines.
            ``(4) Reapplication in a succeeding academic year.--In order to
        streamline an applicant's experience in applying for financial aid,
        the Secretary shall allow an applicant who electronically applies
        for financial assistance under this title for an academic year
        subsequent to an academic year for which such applicant applied for
        financial assistance under this title to automatically
        electronically import all of the applicant's (including parents',
        guardians', or spouses', as applicable) identifying, demographic,
        and school data from the previous application and to update such
        information to reflect any circumstances that have changed.
            ``(5) Technology accessibility.--The Secretary shall make the
        application under this section available through prevalent
        technology. Such technology shall, at a minimum, enable applicants
        to--
                ``(A) save data; and
                ``(B) submit the application under this title to the
            Secretary through such technology.
            ``(6) Verification burden.--The Secretary shall--
                ``(A) to the maximum extent practicable, streamline and
            simplify the process of verification for applicants for Federal
            financial aid;
                ``(B) in establishing policies and procedures to verify
            applicants' eligibility for Federal financial aid, consider--
                    ``(i) the burden placed on low-income applicants;
                    ``(ii) the risk to low-income applicants of failing to
                complete the application, enroll in college, or complete a
                postsecondary credential as a result of being selected for
                verification;
                    ``(iii) the effectiveness of the policies and
                procedures in preventing overpayments; and
                    ``(iv) the reasons for the source of any improper
                payments; and
                ``(C) issue a public report not less often than annually
            that includes the number and percentage of applicants subject
            to verification, whether the applicants ultimately received
            Federal financial aid disbursements, the extent to which the
            student aid index changed for such applicants as a result of
            verification, and the extent to which such applicants'
            eligibility for Federal financial aid under this title changed.
            ``(7) Studies.--The Secretary shall periodically conduct
        studies on--
                ``(A) whether the Free Application for Federal Student Aid
            is a barrier to college enrollment by examining--
                    ``(i) the effect of States requiring additional
                information specified in clauses (ii) and (iii) of
                subsection (a)(6)(B) on the determination of State
                financial aid awards, including--

                        ``(I) how much financial aid awards would change if
                    the additional information were not required; and
                        ``(II) the number of students who started but did
                    not finish the Free Application for Federal Student
                    Aid, compared to the baseline year of 2021; and

                    ``(ii) the number of students who--

                        ``(I) started a Free Application for Federal
                    Student Aid but did not receive financial assistance
                    under this title for the applicable academic year; and
                        ``(II) if available, did not enroll in an
                    institution of higher education in the applicable
                    academic year;

                ``(B) the most common barriers faced by applicants in
            completing the Free Application for Federal Student Aid; and
                ``(C) the most common reasons that students and families do
            not fill out the Free Applications for Federal Student Aid.
        ``(c) Data and Information.--
            ``(1) In general.--The Secretary shall publish data in a
        publicly accessible manner--
                ``(A) annually on the total number of Free Applications for
            Federal Student Aid submitted by application cycle,
            disaggregated by demographic characteristics, type of
            institution or institutions of higher education to which the
            applicant applied, the applicant's State of legal residence,
            and high school and public school district;
                ``(B) quarterly on the total number of Free Applications
            for Federal Student Aid submitted by application cycle,
            disaggregated by type of institution or institutions of higher
            education to which the applicant applied, the applicant's State
            of legal residence, and high school and public school district;
                ``(C) weekly on the total number of Free Applications for
            Federal Student Aid submitted, disaggregated by high school and
            public school district; and
                ``(D) annually on the number of individuals who apply for
            federal financial aid pursuant to this section who indicated
            that they are--
                    ``(i) an unaccompanied homeless youth or unaccompanied,
                at risk of homelessness, and self-supporting; or
                    ``(ii) a foster care youth.
            ``(2) Contents.--The data described in paragraph (1)(D) with
        respect to homeless youth shall include, at a minimum, for each
        application cycle--
                ``(A) the total number of all applicants who were
            determined to be individuals described in section 480(d)(8);
            and
                ``(B) the number of applicants described in subparagraph
            (A), disaggregated--
                    ``(i) by State; and
                    ``(ii) by the sources of determination as described in
                section 479D(b).
            ``(3) Data sharing.--The Secretary may enter into data sharing
        agreements with the appropriate Federal or State agencies to
        conduct outreach regarding, and connect applicants directly with,
        the means-tested Federal benefit programs described in subsection
        (a)(2)(B)(ii)(XVII) for which the applicants may be eligible.
        ``(d) Ensuring Form Usability.--
            ``(1) Signature.--Notwithstanding any other provision of this
        title, the Secretary may permit the Free Application for Federal
        Student Aid to be submitted without a signature, if a signature is
        subsequently submitted by the applicant, or if the applicant uses
        an access device provided by the Secretary.
            ``(2) Free preparation authorized.--Notwithstanding any other
        provision of this title, an applicant may use a preparer for
        consultative or preparation services for the completion of the Free
        Application for Federal Student Aid without charging a fee to the
        applicant if the preparer--
                ``(A) includes, at the time the application is submitted to
            the Department, the name, address or employer's address, social
            security number or employer identification number, and
            organizational affiliation of the preparer on the applicant's
            form;
                ``(B) is subject to the same penalties as an applicant for
            purposely giving false or misleading information in the
            application;
                ``(C) clearly informs each individual upon initial contact,
            that the Free Application for Federal Student Aid is a free
            form that may be completed without professional assistance; and
                ``(D) does not produce, use, or disseminate any other form
            for the purpose of applying for Federal financial aid other
            than the Free Application for Federal Student Aid developed by
            the Secretary under this section.
            ``(3) Charges to students and parents for use of forms
        prohibited.--The need for and eligibility of a student for
        financial assistance under this title may be determined only by
        using the Free Application for Federal Student Aid developed by the
        Secretary under this section. Such application shall be produced,
        distributed, and processed by the Secretary, and no parent or
        student shall be charged a fee by the Secretary, a contractor, a
        third-party servicer or private software provider, or any other
        public or private entity for the collection, processing, or
        delivery of Federal financial aid through the use of such
        application. No data collected on a form for which a fee is charged
        shall be used to complete the Free Application for Federal Student
        Aid prescribed under this section, except that a Federal or State
        income tax form prepared by a paid income tax preparer or preparer
        service for the primary purpose of filing a Federal or State income
        tax return may be used to complete the Free Application for Federal
        Student Aid prescribed under this section.
            ``(4) Application processing cycle.--The Secretary shall enable
        applicants to submit a Free Application for Federal Student Aid
        developed under this section and initiate the processing of such
        application, not later than January 1 of the applicant's planned
        year of enrollment, to the maximum extent practicable, on or around
        October 1 prior to the applicant's planned year of enrollment.
            ``(5) Early estimates.--The Secretary shall maintain an
        electronic method for applicants to enter income and family size
        information to calculate a non-binding estimate of the applicant's
        Federal financial aid available under this title and shall place
        such calculator on a prominent location at the beginning of the
        Free Application for Federal Student Aid.
            ``(6) Additional forms.--Notwithstanding any other provision of
        this title, an institution may not condition the packaging or
        receipt of Federal financial aid on the completion of additional
        requests for financial information beyond the Free Application for
        Federal Student Aid, unless such information is required for
        verification, a determination of independence, or professional
        judgement.''.
            (2) Reports.--Notwithstanding section 701(b) of this title, the
        Secretary of Education shall have the authority to issue reports
        and begin consumer testing prior to July 1, 2023, as provided in
        the amendment made by paragraph (1).
        (n) Student Eligibility.--
            (1) Amendments.--
                (A) In general.--Section 484 of the Higher Education Act of
            1965 (20 U.S.C. 1091) is amended--
                    (i) by striking subsections (n) and (r);
                    (ii) by redesignating subsections (o), (p), (s), and
                (t), as subsections (n), (o), (q), and (r), respectively;
                    (iii) by inserting between subsections (o) and (q), as
                redesignated under clause (i), the following:
        ``(p) Use of Income Data With IRS.--The Secretary, in cooperation
    with the Secretary of the Treasury, shall fulfill the data transfer
    requirements under section 6103(l)(13) of the Internal Revenue Code of
    1986 and the procedure and requirements outlined in section 494.''; and
                    (iv) by adding at the end the following:
        ``(s) Exception to Required Registration With the Selective Service
    System.--Notwithstanding section 12(f) of the Military Selective
    Service Act (50 U.S.C. 3811(f)), an individual shall not be ineligible
    for assistance or a benefit provided under this title if the individual
    is required under section 3 of such Act (50 U.S.C. 3802) to present
    himself for and submit to registration under such section and fails to
    do so in accordance with any proclamation issued under such section, or
    in accordance with any rule or regulation issued under such section.
        ``(t) Confined or Incarcerated Individuals.--
            ``(1) Definitions.--In this subsection:
                ``(A) Confined or incarcerated individual.--The term
            `confined or incarcerated individual'--
                    ``(i) means an individual who is serving a criminal
                sentence in a Federal, State, or local penal institution,
                prison, jail, reformatory, work farm, or other similar
                correctional institution; and
                    ``(ii) does not include an individual who is in a
                halfway house or home detention or is sentenced to serve
                only weekends.
                ``(B) Prison education program.--The term `prison education
            program' means an education or training program that--
                    ``(i) is an eligible program under this title offered
                by an institution of higher education (as defined in
                section 101 or 102(a)(1)(B));
                    ``(ii) is offered by an institution that has been
                approved to operate in a correctional facility by the
                appropriate State department of corrections or other entity
                that is responsible for overseeing correctional facilities,
                or by the Bureau of Prisons;
                    ``(iii) has been determined by the appropriate State
                department of corrections or other entity that is
                responsible for overseeing correctional facilities, or by
                the Bureau of Prisons, to be operating in the best interest
                of students, the determination of which shall be made by
                the State department of corrections or other entity or by
                the Bureau of Prisons, respectively, and may be based on--

                        ``(I) rates of confined or incarcerated individuals
                    continuing their education post-release;
                        ``(II) job placement rates for such individuals;
                        ``(III) earnings for such individuals;
                        ``(IV) rates of recidivism for such individuals;
                        ``(V) the experience, credentials, and rates of
                    turnover or departure of instructors;
                        ``(VI) the transferability of credits for courses
                    available to confined or incarcerated individuals and
                    the applicability of such credits toward related degree
                    or certificate programs; or
                        ``(VII) offering relevant academic and career
                    advising services to participating confined or
                    incarcerated individuals while they are confined or
                    incarcerated, in advance of reentry, and upon release;

                    ``(iv) offers transferability of credits to at least 1
                institution of higher education (as defined in section 101
                or 102(a)(1)(B)) in the State in which the correctional
                facility is located, or, in the case of a Federal
                correctional facility, in the State in which most of the
                individuals confined or incarcerated in such facility will
                reside upon release;
                    ``(v) is offered by an institution that has not been
                subject, during the 5 years preceding the date of the
                determination, to--

                        ``(I) any suspension, emergency action, or
                    termination of programs under this title;
                        ``(II) any adverse action by the institution's
                    accrediting agency or association; or
                        ``(III) any action by the State to revoke a license
                    or other authority to operate;

                    ``(vi) satisfies any applicable educational
                requirements for professional licensure or certification,
                including licensure or certification examinations needed to
                practice or find employment in the sectors or occupations
                for which the program prepares the individual, in the State
                in which the correctional facility is located or, in the
                case of a Federal correctional facility, in the State in
                which most of the individuals confined or incarcerated in
                such facility will reside upon release; and
                    ``(vii) does not offer education that is designed to
                lead to licensure or employment for a specific job or
                occupation in the State if such job or occupation typically
                involves prohibitions on the licensure or employment of
                formerly incarcerated individuals in the State in which the
                correctional facility is located, or, in the case of a
                Federal correctional facility, in the State in which most
                of the individuals confined or incarcerated in such
                facility will reside upon release.
            ``(2) Technical assistance.--The Secretary, in collaboration
        with the Attorney General, shall provide technical assistance and
        guidance to the Bureau of Prisons, State departments of
        corrections, and other entities that are responsible for overseeing
        correctional facilities in making determinations under paragraph
        (1)(B)(iii).
            ``(3) Federal pell grant eligibility.--Notwithstanding
        subsection (a), in order for a confined or incarcerated individual
        who otherwise meets the eligibility requirements of this title to
        be eligible to receive a Federal Pell Grant under section 401, the
        individual shall be enrolled or accepted for enrollment in a prison
        education program.
            ``(4) Evaluation.--
                ``(A) In general.--Not later than 1 year after the date of
            enactment of the FAFSA Simplification Act, in order to evaluate
            and improve the impact of activities supported under this
            subsection, the Secretary, in partnership with the Director of
            the Institute of Education Sciences, shall award 1 or more
            grants or contracts to, or enter into cooperative agreements
            with, experienced public and private institutions and
            organizations to enable the institutions and organizations to
            conduct an external evaluation that shall--
                    ``(i) assess the ability of confined or incarcerated
                individuals to access and complete the Free Application for
                Federal Student Aid;
                    ``(ii) examine in-custody outcomes and post-release
                outcomes related to providing Federal Pell Grants to
                confined or incarcerated individuals, including--

                        ``(I) attainment of a postsecondary degree or
                    credential;
                        ``(II) safety in penal institutions with prison
                    education programs;
                        ``(III) the size of waiting lists for prison
                    education programs;
                        ``(IV) the extent to which such individuals
                    continue their education post-release;
                        ``(V) employment and earnings outcomes for such
                    individuals; and
                        ``(VI) rates of recidivism for such individuals;

                    ``(iii) track individuals who received Federal Pell
                Grants under subpart 1 of part A at 1, 3, and 5 years after
                the individuals' release from confinement or incarceration;
                and
                    ``(iv) examine the extent to which institutions provide
                re-entry or relevant career services to participating
                confined or incarcerated individuals as part of the prison
                education program and the efficacy of such services, if
                offered.
                ``(B) Report.--Beginning not later than 1 year after the
            Secretary awards the grant, contract, or cooperative agreement
            described in subparagraph (A) and annually thereafter, each
            institution of higher education operating a prison education
            program under this subsection shall submit a report to the
            Secretary on activities assisted and students served under this
            subsection, which shall include the information, as applicable,
            contained in clauses (i) through (iv) of subparagraph (A).
            ``(5) Report.--Not later than 1 year after the date of
        enactment of the FAFSA Simplification Act and on at least an annual
        basis thereafter, the Secretary shall submit to the authorizing
        committees, and make publicly available on the website of the
        Department, a report on the--
                ``(A) impact of this subsection which shall include, at a
            minimum--
                    ``(i) the names and types of institutions of higher
                education offering prison education programs at which
                confined or incarcerated individuals are enrolled and
                receiving Federal Pell Grants;
                    ``(ii) the number of confined or incarcerated
                individuals receiving Federal Pell Grants through each
                prison education program;
                    ``(iii) the amount of Federal Pell Grant expenditures
                for each prison education program;
                    ``(iv) the average amount of Federal Pell Grant
                expenditures per full-time equivalent students in a prison
                education program compared to the average amount of Federal
                Pell Grant expenditures per full-time equivalent students
                not in prison education programs;
                    ``(v) the demographics of confined or incarcerated
                individuals receiving Federal Pell Grants;
                    ``(vi) the cost of attendance for such individuals;
                    ``(vii) the mode of instruction (such as distance
                education, in-person instruction, or a combination of such
                modes) for each prison education program;
                    ``(viii) information on the academic outcomes of such
                individuals (such as credits attempted and earned, and
                credential and degree completion) and any information
                available from student satisfaction surveys conducted by
                the applicable institution or correctional facility;
                    ``(ix) information on post-release outcomes of such
                individuals, including, to the extent practicable,
                continued postsecondary enrollment, earnings, credit
                transfer, and job placement;
                    ``(x) rates of recidivism for confined or incarcerated
                individuals receiving Federal Pell Grants;
                    ``(xi) information on transfers of confined or
                incarcerated individuals between prison education programs;
                    ``(xii) the most common programs and courses offered in
                prison education programs; and
                    ``(xiii) rates of instructor turnover or departure for
                courses offered in prison education programs;
                ``(B) results of each prison education program at each
            institution of higher education, including the information
            described in clauses (ii) through (xiii) of subparagraph (A);
            and
                ``(C) findings regarding best practices with respect to
            prison education programs.''.
                (B) Conforming amendment.--Section 428B(f)(2) of the Higher
            Education Act of 1965 (20 U.S.C. 1078-2(f)(2)) is amended by
            striking ``section 484(p)'' and inserting ``section 484(o)''.
                (C) Institutional and financial assistance information for
            students.--Section 485 of the Higher Education Act of 1965 (20
            U.S.C. 1092) is amended by repealing subsection (k).
            (2) Early effective date permitted.--Notwithstanding section
        701(b) of this Act, sections 401(b)(6) and 484(r) of the Higher
        Education Act of 1965 (20 U.S.C. 1070a(b)(6); 1091(r)) as in effect
        on the date of enactment of this Act, and section 12(f) of the
        Military Selective Service Act (50 U.S.C. 3811(f)), the Secretary
        of Education may implement the amendments made by paragraph (1) of
        this subsection before (but not later than) July 1, 2023. The
        Secretary shall specify in a designation on what date, under what
        conditions, and for which award years the Secretary will implement
        such amendments prior to July 1, 2023. The Secretary shall publish
        any designation under this paragraph in the Federal Register at
        least 60 days before implementation.
        (o) Early Awareness of Financial Aid Eligibility.--Section 485E of
    the Higher Education Act of 1965 (20 U.S.C. 1092f) is amended to read
    as follows:
    ``SEC. 485E. EARLY AWARENESS AND OUTREACH OF FINANCIAL AID ELIGIBILITY.
        ``(a) In General.--The Secretary shall implement early outreach
    activities in order to provide prospective students and their families
    with information about financial aid and estimates of financial aid.
    Such early outreach activities shall include the activities described
    in subsections (b), (c), and (d).
        ``(b) Pell Grant Early Awareness Estimates.--
            ``(1) In general.--The Secretary shall produce a consumer-
        tested method of estimating student eligibility for Federal Pell
        Grants under section 401(b) utilizing the variables of family size
        and adjusted gross income, presented in electronic format. There
        shall be a method for students to indicate whether they are, or
        will be in--
                ``(A) a single-parent household;
                ``(B) a household with two parents; or
                ``(C) a household with no children or dependents.
            ``(2) Consumer testing.--
                ``(A) In general.--The method of estimating eligibility
            described in paragraph (1) shall be consumer tested with
            prospective first-generation students and families as well as
            low-income individuals and families.
                ``(B) Updates.--For award year 2023-2024 and each fourth
            succeeding award year thereafter, the design of the method of
            estimating eligibility shall be updated based on additional
            consumer testing with the populations described in subparagraph
            (A).
            ``(3) Distribution.--The method of estimating eligibility
        described in paragraph (1) shall be--
                ``(A) made publicly and prominently available on the
            Department's website; and
                ``(B) actively shared by the Secretary with--
                    ``(i) institutions of higher education participating in
                programs under this title;
                    ``(ii) all middle and secondary schools eligible for
                funds under part A of title I of the Elementary and
                Secondary Education Act of 1965;
                    ``(iii) local educational agencies and middle schools
                and high schools that serve students not less than 25
                percent of whom meet a measure of poverty as described in
                section 1113(a)(5) of the Elementary and Secondary
                Education Act of 1965; and
                    ``(iv) agencies responsible for administering means-
                tested Federal benefit programs, as defined in section
                479(b)(4)(H).
            ``(4) Electronic estimator on fafsa.--In accordance with
        subsection (d)(5) of section 483, the Secretary shall maintain an
        electronic method for applicants to enter income and family size,
        and level of education sought information to calculate a non-
        binding estimate (which may include a range, ceiling, or minimum)
        of the applicant's Federal financial aid available under this title
        and shall place such calculator on a prominent location on the
        FAFSA website and in a manner that encourages students to fill out
        the FAFSA.
        ``(c) Early Awareness Plans.--The Secretary shall establish and
    implement early awareness and outreach plans to provide early
    information about the availability of Federal financial aid and
    estimates of prospective students' eligibility for Federal financial
    aid as well as to promote the attainment of postsecondary education
    specifically among prospective first-generation students and families
    as well as low-income individuals and families, as follows:
            ``(1) Outreach plans for low-income families.--
                ``(A) In general.--The Secretary shall develop plans for
            each population described in this subparagraph to disseminate
            information about the availability of Federal financial aid
            under this title, in addition to and in coordination with the
            distribution of the method of estimating eligibility under
            subsection (b), to--
                    ``(i) all middle schools and secondary schools eligible
                for funds under part A of title I of the Elementary and
                Secondary Education Act of 1965;
                    ``(ii) local educational agencies and middle schools
                and high schools that serve students not less than 25
                percent of whom meet a measure of poverty as described in
                section 1113(a)(5) of the Elementary and Secondary
                Education Act;
                    ``(iii) households receiving assistance under the
                supplemental nutrition assistance program established under
                the Food and Nutrition Act of 2008 (7 U.S.C. 2011 et seq.);
                and
                    ``(iv) agencies responsible for administering means-
                tested Federal benefit programs, as defined in section
                479(b)(4)(H).
                ``(B) Content of plans.--The plans described in paragraph
            (A) shall--
                    ``(i) provide students and their families with
                information on--

                        ``(I) the availability of the College Scorecard or
                    any similar successor website;
                        ``(II) the electronic estimates of financial aid
                    available under subsection (b);
                        ``(III) Federal financial aid available to
                    students, including eligibility criteria for the
                    Federal financial aid and an explanation of the Federal
                    financial aid programs (including applicable Federal
                    educational tax credits); and
                        ``(IV) resources that can inform students of
                    financial aid that may be available from state-based
                    financial aid, state-based college savings programs,
                    and scholarships and other non-governmental sources;

                    ``(ii) describe how the dissemination of information
                will be conducted by the Secretary.
                ``(C) Reporting and updates.--The Secretary shall post the
            information about the plans under subparagraph (A) and
            associated goals publicly on the Department's website. On an
            annual basis, the Secretary shall report qualitative and
            quantitative outcomes regarding the implementation of the plans
            under subparagraph (A). The Secretary shall review and update
            such plans not less often than every 4 award years with the
            goal of progressively increasing the impact of the activities
            under this paragraph.
                ``(D) Partnership.--The Secretary may partner with States,
            State systems of higher education, institutions of higher
            education, or college access organizations to carry out this
            paragraph.
            ``(2) Interagency coordination plans.--
                ``(A) In general.--The Secretary shall develop interagency
            coordination plans in order to inform more students and
            families, including low-income individuals or families and
            recipients of means-tested Federal benefits, about the
            availability of Federal financial aid under this title through
            participation in existing Federal programs or tax benefits that
            serve low-income individuals or families, in coordination with
            the following Secretaries:
                    ``(i) The Secretary of the Treasury.
                    ``(ii) The Secretary of Labor.
                    ``(iii) The Secretary of Health and Human Services.
                    ``(iv) The Secretary of Agriculture.
                    ``(v) The Secretary of Housing and Urban Development.
                    ``(vi) The Secretary of Commerce.
                    ``(vii) The Secretary of Veterans Affairs.
                    ``(viii) The Secretary of the Interior.
                ``(B) Process, activities, and goals.--Each interagency
            coordination plan under subparagraph (A) shall--
                    ``(i) identify opportunities in which low-income
                individuals and families could be informed of the
                availability of Federal financial aid under this title
                through access to other Federal programs that serve low-
                income individuals and families;
                    ``(ii) identify methods to effectively inform low-
                income individuals and families of the availability of
                Federal financial aid for postsecondary education under
                this title and assist such individuals in completing the
                Free Application for Federal Student Aid;
                    ``(iii) develop early awareness and FAFSA completion
                activities that align with the opportunities and methods
                identified under clauses (i) and (ii);
                    ``(iv) establish goals regarding the effects of the
                activities to be implemented under clause (iii); and
                    ``(v) provide information on how students and families
                can maintain access to Federal programs that serve low-
                income individuals and families operated by the agencies
                identified under subsection (A) while attending an
                institution of higher education.
                ``(C) Plan with secretary of the treasury.--The interagency
            coordination plan under subparagraph (A)(i) between the
            Secretary and the Secretary of the Treasury shall further
            include specific methods to increase the application for
            Federal financial aid under this title from individuals who
            file Federal tax returns, including collaboration with tax
            preparation entities or other third parties, as appropriate.
                ``(D) Reporting and updates.--The Secretary shall post the
            information about the interagency coordination plans under this
            paragraph and associated goals publicly on the Department's
            website. The plans shall have the goal of progressively
            increasing the impact of the activities under this paragraph by
            increasing the number of low-income applicants for, and
            recipients of, Federal financial aid. The plans shall be
            updated not less than once every 4 years.
            ``(3) Nationwide participation in early awareness plans.--
                ``(A) In general.--The Secretary shall solicit voluntary
            public commitments from entities, such as States, State systems
            of higher education, institutions of higher education, and
            other interested organizations, to carry out early awareness
            plans, which shall include goals, to--
                    ``(i) notify prospective and existing students who are
                low-income individuals and families about their eligibility
                for Federal aid under this title, as well as State-based
                financial aid, if applicable, on an annual basis;
                    ``(ii) increase the number of prospective and current
                students who are low-income individuals and families filing
                the Free Application for Federal Student Aid; and
                    ``(iii) increase the number of prospective and current
                students who are low-income individuals and families
                enrolling in postsecondary education.
                ``(B) Reporting and updates.--Each entity that makes a
            voluntary public commitment to carry out an early awareness
            plan may submit quantitative and qualitative data based on the
            entity's progress toward the goals of the plan annually prior
            to a date selected by the Secretary.
                ``(C) Early awareness champions.--Based on data submitted
            by entities, the Secretary shall select and designate entities
            submitting public commitments, plans, and goals, as Early
            Awareness Champions on an annual basis. Those entities
            designated as Early Awareness Champions shall provide one or
            more case studies regarding the activities the entity undertook
            under this paragraph which shall be made public by the
            Secretary on the Department of Education website to promote
            best practices.
        ``(d) Public Awareness Campaign.--
            ``(1) In general.--The Secretary shall develop and implement a
        public awareness campaign designed using current and relevant
        independent research regarding strategies and media platforms found
        to be most effective in communicating with low-income populations
        in order to increase national awareness regarding the availability
        of Federal Pell Grants and financial aid under this title and, at
        the option of the Secretary, potential availability of state need-
        based financial aid.
            ``(2) Coordination.--The public awareness campaign described in
        paragraph (1) shall leverage the activities in subsections (b) and
        (c) to highlight eligibility among low-income populations. In
        developing and implementing the campaign, the Secretary may work in
        coordination with States, institutions of higher education, early
        intervention and outreach programs under this title, other Federal
        agencies, agencies responsible for administering means-tested
        Federal benefit programs (as defined in section 479(b)(4)(H)),
        organizations involved in college access and student financial aid,
        secondary schools, local educational agencies, public libraries,
        community centers, businesses, employers, workforce investment
        boards, and organizations that provide services to individuals who
        are or were homeless, in foster care, or are disconnected youth.
            ``(3) Reporting.--The Secretary shall report on the success of
        the public awareness campaign described in paragraph (1) annually
        regarding the extent to which the public and target populations
        were reached using data commonly used to evaluate advertising and
        outreach campaigns and data regarding whether the campaign produced
        any increase in applicants for Federal aid under this title
        publicly on the Department of Education website.''.
        (p) Procedure and Requirements for Requesting Tax Return
    Information From the Internal Revenue Service.--Section 494(a)(1) of
    the Higher Education Act of 1965 (20 U.S.C. 1098h(a)(1)) is amended--
            (1) in subparagraph (A)(ii), by striking ``and'' after the
        semicolon;
            (2) in subparagraph (B), by striking the period at the end and
        inserting ``; and''; and
            (3) by adding at the end the following:
                ``(C) if an individual is pursuing provisional independent
            student status due to an unusual circumstance, as described in
            section 479A and provided for in section 479D, require such
            individual to provide an affirmative approval under
            subparagraph (B), but not require a parent of such individual
            to provide an affirmative approval under subparagraph (B).''.
        SEC. 703. FEDERAL PELL GRANTS: AMOUNT AND DETERMINATIONS;
          APPLICATIONS.
        Section 401 of the Higher Education Act of 1965 (20 U.S.C. 1070a)
    is amended to read as follows:
        ``SEC. 401. FEDERAL PELL GRANTS: AMOUNT AND DETERMINATIONS;
          APPLICATIONS.
        ``(a) Purpose; Definitions.--
            ``(1) Purpose.--The purpose of this subpart is to provide a
        Federal Pell Grant to low-income students.
            ``(2) Definitions.--In this section--
                ``(A) the term `adjusted gross income' means--
                    ``(i) in the case of a dependent student, the adjusted
                gross income (as defined in section 62 of the Internal
                Revenue Code of 1986) of the student's parents in the
                second tax year preceding the academic year; and
                    ``(ii) in the case of an independent student, the
                adjusted gross income (as defined in section 62 of the
                Internal Revenue Code of 1986) of the student (and the
                student's spouse, if applicable) in the second tax year
                preceding the academic year;
                ``(B) the term `family size' has the meaning given the term
            in section 480(k);
                ``(C) the term `poverty line' means the poverty line (as
            determined under the poverty guidelines updated periodically in
            the Federal Register by the Department of Health and Human
            Services under the authority of section 673(2) of the Community
            Services Block Grant Act (42 U.S.C. 9902(2))) applicable to the
            student's family size and applicable to the second tax year
            preceding the academic year;
                ``(D) the term `single parent' means--
                    ``(i) a parent of a dependent student who was a head of
                household (as defined in section 2(b) of the Internal
                Revenue Code of 1986) or a surviving spouse (as defined in
                section 2(a) of the Internal Revenue Code of 1986) or was
                an eligible individual for purposes of the credit under
                section 32 of such Code, in the second tax year preceding
                the academic year; or
                    ``(ii) an independent student who is a parent and was a
                head of household (as defined in section 2(b) of the
                Internal Revenue Code of 1986) or a surviving spouse (as
                defined in section 2(a) of the Internal Revenue Code of
                1986) or was an eligible individual for purposes of the
                credit under section 32 of such Code, in the second tax
                year preceding the academic year;
                ``(E) the term `total maximum Federal Pell Grant' means the
            total maximum Federal Pell Grant award per student for any
            academic year described under subsection (b)(5); and
                ``(F) the term `minimum Federal Pell Grant' means the
            minimum amount of a Federal Pell Grant that shall be awarded to
            a student for any academic year in which that student is
            attending full time, which shall be equal to 10 percent of the
            total maximum Federal Pell Grant for such academic year.
        ``(b) Amount and Distribution of Grants.--
            ``(1) Determination of amount of a federal pell grant.--Subject
        to paragraphs (2) and (3), the amount of a Federal Pell Grant for a
        student shall be determined in accordance with the following:
                ``(A) A student shall be eligible for a total maximum
            Federal Pell Grant for an academic year in which the student is
            enrolled in an eligible program full time--
                    ``(i) if the student (and the student's spouse, if
                applicable), or, in the case of a dependent student, the
                dependent student's parents (or single parent), is not
                required to file a Federal income tax return in the second
                year preceding the academic year;
                    ``(ii) if the student or, in the case of a dependent
                student, the dependent student's parent, is a single
                parent, and the adjusted gross income is greater than zero
                and equal to or less than 225 percent of the poverty line;
                or
                    ``(iii) if the student or, in the case of a dependent
                student, the dependent student's parent, is not a single
                parent, and the adjusted gross income is greater than zero
                and equal to or less than 175 percent of the poverty line.
                ``(B) A student who is not eligible for a total maximum
            Federal Pell Grant under subparagraph (A) for an academic year,
            shall be eligible for a Federal Pell Grant for an academic year
            in which the student is enrolled in an eligible program full
            time if such student's student aid index in such award year is
            less than the total maximum Federal Pell Grant for that award
            year. The amount of the Federal Pell Grant for a student
            eligible under this subparagraph shall be--
                    ``(i) the total maximum Federal Pell Grant as
                calculated under paragraph (5)(A) for that year, less
                    ``(ii) an amount equal to the amount determined to be
                the student aid index with respect to that student for that
                year, except that a student aid index of less than zero
                shall be considered to be zero for the purposes of this
                clause,
            rounded to the nearest $5, except that a student eligible for
            less than the minimum Federal Pell Grant as defined in section
            (a)(2)(F) shall not be eligible for an award.
                ``(C) A student who is not eligible for a Federal Pell
            Grant under subparagraph (A) or (B) shall be eligible for the
            minimum Federal Pell Grant for an academic year in which the
            student is enrolled in an eligible program full time--
                    ``(i) in the case of a dependent student--

                        ``(I) if the student's parent is a single parent,
                    and the adjusted gross income is equal to or less than
                    325 percent of the poverty line; or
                        ``(II) if the student's parent is not a single
                    parent, and the adjusted gross income is equal to or
                    less than 275 percent of the poverty line; or

                    ``(ii) in the case of an independent student--

                        ``(I) if the student is a single parent, and the
                    adjusted gross income is equal to or less than 400
                    percent of the poverty line;
                        ``(II) if the student is a parent and is not a
                    single parent, and the adjusted gross income is equal
                    to or less than 350 percent of the poverty line; or
                        ``(III) if the student is not a parent, and the
                    adjusted gross income is equal to or less than 275
                    percent of the poverty line.

                ``(D) A student eligible for the total maximum Federal Pell
            Grant under subparagraph (A) who has (or whose spouse or
            parent, as applicable based on whose information is used under
            such subparagraph, has) foreign income that would, if added to
            adjusted gross income, result in the student no longer being
            eligible for such total maximum Federal Pell Grant, shall not
            be provided a Federal Pell Grant until the student aid
            administrator evaluates the student's FAFSA and makes a
            determination regarding whether it is appropriate to make an
            adjustment under section 479A(b)(1)(B)(v) to account for such
            foreign income when determining the student's eligibility for
            such total maximum Federal Pell Grant.
                ``(E) With respect to a student who is not eligible for the
            total maximum Federal Pell Grant under subparagraph (A) or a
            minimum Federal Pell Grant under subparagraph (C), the
            Secretary shall subtract from the student or parents' adjusted
            gross income, as applicable based on whose income is used for
            the Federal Pell Grant calculation, the sum of the following
            for the individual whose income is so used, and consider such
            difference the adjusted gross income for purposes of
            determining the student's eligibility for such Federal Pell
            Grant award under such subparagraph:
                    ``(i) If the applicant, or, if applicable, the parents
                or spouse of the applicant, elects to report receiving
                college grant and scholarship aid included in gross income
                on a Federal tax return described in section 480(e)(2), the
                amount of such aid.
                    ``(ii) Income earned from work under part C of this
                title.
            ``(2) Less than full-time enrollment.--In any case where a
        student is enrolled in an eligible program of an institution of
        higher education on less than a full-time basis (including a
        student who attends an institution of higher education on less than
        a half-time basis) during any academic year, the amount of the
        Federal Pell Grant to which that student is entitled shall be
        reduced in direct proportion to the degree to which that student is
        not so enrolled on a full-time basis, rounded to the nearest whole
        percentage point, as provided in a schedule of reductions published
        by the Secretary computed in accordance with this subpart. Such
        schedule of reductions shall be published in the Federal Register
        in accordance with section 482. Such reduced Federal Pell Grant for
        a student enrolled on a less than full-time basis shall also apply
        proportionally to students who are otherwise eligible to receive
        the minimum Federal Pell Grant, if enrolled full-time.
            ``(3) Award may not exceed cost of attendance.--No Federal Pell
        Grant under this subpart shall exceed the cost of attendance (as
        defined in section 472) at the institution at which that student is
        in attendance. If, with respect to any student, it is determined
        that the amount of a Federal Pell Grant for that student exceeds
        the cost of attendance for that year, the amount of the Federal
        Pell Grant shall be reduced until the Federal Pell Grant does not
        exceed the cost of attendance at such institution.
            ``(4) Study abroad.--Notwithstanding any other provision of
        this subpart, the Secretary shall allow the amount of the Federal
        Pell Grant to be exceeded for students participating in a program
        of study abroad approved for credit by the institution at which the
        student is enrolled when the reasonable costs of such program are
        greater than the cost of attendance at the student's home
        institution, except that the amount of such Federal Pell Grant in
        any fiscal year shall not exceed the maximum amount of a Federal
        Pell Grant for which a student is eligible under paragraph (1) or
        (2) during such award year. If the preceding sentence applies, the
        financial aid administrator at the home institution may use the
        cost of the study abroad program, rather than the home
        institution's cost, to determine the cost of attendance of the
        student.
            ``(5) Total maximum federal pell grant.--
                ``(A) In general.--For award year 2023-2024, and each
            subsequent award year, the total maximum Federal Pell Grant
            award per student shall be equal to the sum of--
                    ``(i) $1,060; and
                    ``(ii) the amount specified as the maximum Federal Pell
                Grant in the last enacted appropriation Act applicable to
                that award year.
                ``(B) Rounding.--The total maximum Federal Pell Grant for
            any award year shall be rounded to the nearest $5.
            ``(6) Funds by fiscal year.--
                ``(A) In general.--To carry out this section--
                    ``(i) there are authorized to be appropriated and are
                appropriated (in addition to any other amounts appropriated
                to carry out this section and out of any money in the
                Treasury not otherwise appropriated) such sums as are
                necessary to carry out paragraph (5)(A)(i) for fiscal year
                2023 and each subsequent fiscal year; and
                    ``(ii) such sums as may be necessary are authorized to
                be appropriated to carry out paragraph (5)(A)(ii) for each
                of the fiscal years 2023 through 2033.
                ``(B) Availability of funds.--The amounts made available by
            subparagraph (A) for any fiscal year shall be available
            beginning on October 1 of that fiscal year, and shall remain
            available through September 30 of the succeeding fiscal year.
            ``(7) Appropriation.--
                ``(A) In general.--In addition to any funds appropriated
            under paragraph (6) and any funds made available for this
            section under any appropriations Act, there are authorized to
            be appropriated, and there are appropriated (out of any money
            in the Treasury not otherwise appropriated) to carry out this
            section, $1,170,000,000 for fiscal year 2023 and each
            subsequent award year.
                ``(B) No effect on previous appropriations.--The amendments
            made to this section by the FAFSA Simplification Act shall
            not--
                    ``(i) increase or decrease the amounts that have been
                appropriated or are available to carry out this section for
                fiscal year 2017, 2018, 2019, 2020, 2021, or 2022 as of the
                day before the effective date of such Act; or
                    ``(ii) extend the period of availability for obligation
                that applied to any such amount, as of the day before such
                effective date.
                ``(C) Availability of funds.--The amounts made available by
            this paragraph for any fiscal year shall be available beginning
            on October 1 of that fiscal year, and shall remain available
            through September 30 of the succeeding fiscal year.
            ``(8) Method of distribution.--
                ``(A) In general.--For each fiscal year through fiscal year
            2033, the Secretary shall pay to each eligible institution such
            sums as may be necessary to pay each eligible student for each
            academic year during which that student is in attendance at an
            institution of higher education as an undergraduate, a Federal
            Pell Grant in the amount for which that student is eligible.
                ``(B) Alternative disbursement.--Nothing in this section
            shall be interpreted to prohibit the Secretary from paying
            directly to students, in advance of the beginning of the
            academic term, an amount for which they are eligible, in the
            cases where an eligible institution does not participate in the
            disbursement system under subparagraph (A).
            ``(9) Additional payment periods in same award year.--
                ``(A) Effective in the 2017-2018 award year and thereafter,
            the Secretary shall award an eligible student not more than one
            and one-half Federal Pell Grants during a single award year to
            permit such student to work toward completion of an eligible
            program if, during that single award year, the student has
            received a Federal Pell Grant for an award year and is enrolled
            in an eligible program for one or more additional payment
            periods during the same award year that are not otherwise fully
            covered by the student's Federal Pell Grant.
                ``(B) In the case of a student receiving more than one
            Federal Pell Grant in a single award year under subparagraph
            (A), the total amount of Federal Pell Grants awarded to such
            student for the award year may exceed the total maximum Federal
            Pell Grant available for an award year.
                ``(C) Any period of study covered by a Federal Pell Grant
            awarded under subparagraph (A) shall be included in determining
            a student's duration limit under subsection (d)(5).
                ``(D) In any case where an eligible student is receiving a
            Federal Pell Grant for a payment period that spans 2 award
            years, the Secretary shall allow the eligible institution in
            which the student is enrolled to determine the award year to
            which the additional period shall be assigned, as it determines
            is most beneficial to students.
        ``(c) Special Rule.--
            ``(1) In general.--A student described in paragraph (2) shall
        be eligible for the total maximum Federal Pell Grant.
            ``(2) Applicability.--Paragraph (1) shall apply to any
        dependent or independent student--
                ``(A) who is eligible to receive a Federal Pell Grant
            according to subsection (b)(1) for the award year for which the
            determination is made;
                ``(B) whose parent or guardian was--
                    ``(i) an individual who, on or after September 11,
                2001, died in the line of duty while serving on active duty
                as a member of the Armed Forces; or
                    ``(ii) actively serving as a public safety officer and
                died in the line of duty while performing as a public
                safety officer; and
                ``(C) who is less than 33 years of age.
            ``(3) Information.--Notwithstanding any other provision of
        law--
                ``(A) the Secretary shall establish the necessary data-
            sharing agreements with the Secretary of Veterans Affairs and
            the Secretary of Defense, as applicable, to provide the
            information necessary to determine which students meet the
            requirements of paragraph (2)(B)(i); and
                ``(B) the financial aid administrator shall verify with the
            student that the student is eligible for the adjustment and
            notify the Secretary of the adjustment of the student's
            eligibility.
            ``(4) Treatment of pell amount.--Notwithstanding section 1212
        of the Omnibus Crime Control and Safe Streets Act of 1968 (34
        U.S.C. 10302), in the case of a student who receives an increased
        Federal Pell Grant amount under this section, the total amount of
        such Federal Pell Grant, including the increase under this
        subsection, shall not be considered in calculating that student's
        educational assistance benefits under the Public Safety Officers'
        Benefits program under subpart 2 of part L of title I of such Act.
            ``(5) Definition of public safety officer.--For purposes of
        this subsection, the term `public safety officer' means--
                ``(A) a public safety officer, as defined in section 1204
            of title I of the Omnibus Crime Control and Safe Streets Act of
            1968 (34 U.S.C. 10284); or
                ``(B) a fire police officer, defined as an individual who--
                    ``(i) is serving in accordance with State or local law
                as an officially recognized or designated member of a
                legally organized public safety agency;
                    ``(ii) is not a law enforcement officer, a firefighter,
                a chaplain, or a member of a rescue squad or ambulance
                crew; and
                    ``(iii) provides scene security or directs traffic--

                        ``(I) in response to any fire drill, fire call, or
                    other fire, rescue, or police emergency; or
                        ``(II) at a planned special event.

        ``(d) Period of Eligibility for Grants.--
            ``(1) In general.--The period during which a student may
        receive Federal Pell Grants shall be the period required for the
        completion of the first undergraduate baccalaureate course of study
        being pursued by that student at the institution at which the
        student is in attendance, except that any period during which the
        student is enrolled in a noncredit or remedial course of study, as
        described in paragraph (2), shall not be counted for the purpose of
        this paragraph.
            ``(2) Noncredit or remedial courses; study abroad.--Nothing in
        this section shall exclude from eligibility courses of study which
        are noncredit or remedial in nature (including courses in English
        language instruction) which are determined by the institution to be
        necessary to help the student be prepared for the pursuit of a
        first undergraduate baccalaureate degree or certificate or, in the
        case of courses in English language instruction, to be necessary to
        enable the student to use already existing knowledge, training, or
        skills. Nothing in this section shall exclude from eligibility
        programs of study abroad that are approved for credit by the home
        institution at which the student is enrolled.
            ``(3) No concurrent payments.--No student is entitled to
        receive Pell Grant payments concurrently from more than one
        institution or from both the Secretary and an institution.
            ``(4) Postbaccalaureate program.--Notwithstanding paragraph
        (1), the Secretary may allow, on a case-by-case basis, a student to
        receive a Federal Pell Grant if the student--
                ``(A) is carrying at least one-half the normal full-time
            work load for the course of study the student is pursuing, as
            determined by the institution of higher education; and
                ``(B) is enrolled or accepted for enrollment in a
            postbaccalaureate program that does not lead to a graduate
            degree, and in courses required by a State in order for the
            student to receive a professional certification or licensing
            credential that is required for employment as a teacher in an
            elementary school or secondary school in that State,
        except that this paragraph shall not apply to a student who is
        enrolled in an institution of higher education that offers a
        baccalaureate degree in education.
            ``(5) Maximum period.--
                ``(A) In general.--Except as provided in subparagraph (B),
            the period during which a student may receive Federal Pell
            Grants shall not exceed 12 semesters, or the equivalent of 12
            semesters, as determined by the Secretary by regulation. Such
            regulations shall provide, with respect to a student who
            received a Federal Pell Grant for a term but was enrolled at a
            fraction of full time, that only that same fraction of such
            semester or equivalent shall count towards such duration
            limits.
                ``(B) Exception.--
                    ``(i) In general.--Any Federal Pell Grant that a
                student received during a period described in subclause (I)
                or (II) of clause (ii) shall not count towards the
                student's duration limits under this paragraph.
                    ``(ii) Applicable periods.--Clause (i) shall apply with
                respect to any Federal Pell Grant awarded to a student to
                enroll in an eligible program at an institution--

                        ``(I) during a period of a student's attendance at
                    an institution--

                            ``(aa) at which the student was unable to
                        complete a course of study due to the closing of
                        the institution; or
                            ``(bb) for which the student was falsely
                        certified as eligible for Federal aid under this
                        title; or

                        ``(II) during a period--

                            ``(aa) for which the student received a loan
                        under this title; and
                            ``(bb) for which the loan described in item
                        (aa) is discharged under--
                                ``(AA) section 437(c)(1) or section
                            464(g)(1);
                                ``(BB) section 432(a)(6); or
                                ``(CC) section 455(h) due to the student's
                            successful assertion of a defense to repayment
                            of the loan, including defenses provided to any
                            applicable groups of students.
        ``(e) Applications for Grants.--
            ``(1) Deadlines.--The Secretary shall from time to time set
        dates by which students shall file the Free Application for Federal
        Student Aid under section 483.
            ``(2) Application.--Each student desiring a Federal Pell Grant
        for any year shall file the Free Application for Federal Student
        Aid containing the information necessary to enable the Secretary to
        carry out the functions and responsibilities of this subpart.
        ``(f) Distribution of Grants to Students.--Payments under this
    section shall be made in accordance with regulations promulgated by the
    Secretary for such purpose, in such manner as will best accomplish the
    purpose of this section. Any disbursement allowed to be made by
    crediting the student's account shall be limited to tuition and fees,
    and food and housing if that food and housing is institutionally owned
    or operated. The student may elect to have the institution provide
    other such goods and services by crediting the student's account.
        ``(g) Insufficient Appropriations.--If, for any fiscal year, the
    funds appropriated for payments under this subpart are insufficient to
    satisfy fully all entitlements, as calculated under subsections (b) and
    (c) (but at the maximum grant level specified in such appropriation),
    the Secretary shall promptly transmit a notice of such insufficiency to
    each House of the Congress, and identify in such notice the additional
    amount that would be required to be appropriated to satisfy fully all
    entitlements (as so calculated at such maximum grant level).
        ``(h) Use of Excess Funds.--
            ``(1) 15 percent or less.--If, at the end of a fiscal year, the
        funds available for making payments under this subpart exceed the
        amount necessary to make the payments required under this subpart
        to eligible students by 15 percent or less, then all of the excess
        funds shall remain available for making payments under this subpart
        during the next succeeding fiscal year.
            ``(2) More than 15 percent.--If, at the end of a fiscal year,
        the funds available for making payments under this subpart exceed
        the amount necessary to make the payments required under this
        subpart to eligible students by more than 15 percent, then all of
        such funds shall remain available for making such payments but
        payments may be made under this paragraph only with respect to
        entitlements for that fiscal year.
        ``(i) Treatment of Institutions and Students Under Other Laws.--Any
    institution of higher education which enters into an agreement with the
    Secretary to disburse to students attending that institution the
    amounts those students are eligible to receive under this subpart shall
    not be deemed, by virtue of such agreement, a contractor maintaining a
    system of records to accomplish a function of the Secretary. Recipients
    of Pell Grants shall not be considered to be individual grantees for
    purposes of chapter 81 of title 41, United States Code.
        ``(j) Institutional Ineligibility Based on Default Rates.--
            ``(1) In general.--No institution of higher education shall be
        an eligible institution for purposes of this subpart if such
        institution of higher education is ineligible to participate in a
        loan program under part B or D as a result of a final default rate
        determination made by the Secretary under part B or D after the
        final publication of cohort default rates for fiscal year 1996 or a
        succeeding fiscal year.
            ``(2) Sanctions subject to appeal opportunity.--No institution
        may be subject to the terms of this subsection unless the
        institution has had the opportunity to appeal the institution's
        default rate determination under regulations issued by the
        Secretary for the loan program authorized under part B or D, as
        applicable. This subsection shall not apply to an institution that
        was not participating in the loan program authorized under part B
        or D on October 7, 1998, unless the institution subsequently
        participates in the loan programs.''.
        SEC. 704. CONFORMING AMENDMENTS.
        The Higher Education Act of 1965 (20 U.S.C. 1001 et seq.) is
    amended--
            (1) by striking ``the expected family contribution'' each place
        the term appears and inserting ``the student aid index'';
            (2) by striking ``expected family contributions'' each place
        the term appears and inserting ``student aid indexes'';
            (3) by striking ``an expected family contribution'' each place
        the term appears and inserting ``a student aid index'';
            (4) by striking ``average expected family contribution'' each
        place the term appears and inserting ``average student aid index'';
            (5) in section 415E(c)(1)(B)(vii), by striking ``automatic zero
        expected family contribution'' and inserting ``automatic zero
        student aid index''; and
            (6) in section 428(a)(2)(B), by striking ``expected family
        contribution'' and inserting ``student aid index''.
        SEC. 705. REPEAL OF THE SUBSIDIZED USAGE LIMIT APPLIES (SULA)
          RESTRICTION.
        (a) Repeal.--Section 455(q) of the Higher Education Act of 1965 (20
    U.S.C. 1087e(q)) is repealed.
        (b) Early Effective Date Permitted.--Notwithstanding section 701(b)
    of this Act and section 455(q) of the Higher Education Act of 1965 (20
    U.S.C. 1087e(q)) as in effect on the date of enactment of this Act, the
    Secretary of Education may implement the repeal authorized under
    subsection (a) before (but not later than) July 1, 2023. The Secretary
    shall specify in a designation on what date and for which award years
    the implementation of such repeal will be effective prior to July 1,
    2023. The Secretary shall publish any designation under this paragraph
    in the Federal Register at least 60 days before implementation.
        SEC. 706. FORGIVENESS OF HBCU CAPITAL FINANCING LOANS.
        (a) Forgiveness.--Not later than 90 days after the effective date
    of this section, the Secretary of Education shall repay each
    institution of higher education's outstanding balance of principal,
    interest, fees, and costs on the disbursed loan amounts (as of such
    effective date) under each applicable closed loan agreement, including
    paying any reimbursement (including reimbursements of escrow and return
    of fees and deposits) relating to the applicable closed loan agreement
    that are usual and customary when the loan is paid off by the
    institution.
        (b) Applicable Closed Loan Agreement.--In this section, the term
    ``applicable closed loan agreement'' means each of the following:
            (1) A closed loan agreement executed before the date of
        enactment of this Act and made under part D of title III of the
        Higher Education Act of 1965 (20 U.S.C. 1066 et seq.).
            (2) A closed loan agreement executed before the date of
        enactment of this Act and made for deferment balances authorized
        under--
                (A) section 3512 of the CARES Act (20 U.S.C. 1001 note);
                (B) title III of division A of the Further Consolidated
            Appropriations Act, 2020 (Public Law 116-94; 133 Stat. 2586);
                (C) title III of division B of the Department of Defense
            and Labor, Health and Human Services, and Education
            Appropriations Act, 2019 and Continuing Appropriations Act,
            2019 (Public Law 115-245; 132 Stat. 3097); or
                (D) title III of division H of the Consolidated
            Appropriations Act, 2018 (Public Law 115-141; 132 Stat. 741).
        (c) Authorization and Appropriation.--There are authorized to be
    appropriated, and there are appropriated, out of any amounts in the
    Treasury not otherwise appropriated, such sums as may be necessary to
    carry out subsection (a).
        (d) Effective Date.--Notwithstanding section 701(b), this section
    shall take effect on the date of enactment of this Act.

     TITLE VIII--ACCESS TO DEATH INFORMATION FURNISHED TO OR MAINTAINED BY
                       THE SOCIAL SECURITY ADMINISTRATION

        SEC. 801. ACCESS TO DEATH INFORMATION FURNISHED TO OR MAINTAINED BY
          THE SOCIAL SECURITY ADMINISTRATION.
        (a) In General.--Section 205(r) of the Social Security Act (42
    U.S.C. 405(r)) is amended--
            (1) in paragraph (2)--
                (A) by striking ``Each State'' and inserting ``(A) Each
            State'';
                (B) by striking ``may'' and inserting ``shall'';
                (C) by striking ``from amounts available for administration
            of this Act the reasonable costs (established by the
            Commissioner of Social Security in consultations with the
            States) for transcribing and transmitting such information to
            the Commissioner of Social Security.'' and inserting ``for the
            following:
                    ``(i) A fee, to be established pursuant to subparagraph
                (B), for the use of such information by--

                        ``(I) the Commissioner; and
                        ``(II) any other agency that receives such
                    information from the Commissioner and is subject to the
                    requirements of subparagraph (3)(A).

                    ``(ii) The full documented cost to the State of
                transmitting such information to the Commissioner,
                including the costs of maintaining, enhancing, and
                operating any electronic system used solely for
                transmitting such information to the Commissioner.
                ``(B) The fee for the use of such information shall be
            established by the Commissioner of Social Security in
            consultations with the States, and shall include--
                    ``(i) a share of the costs to the State associated with
                collecting and maintaining such information; ensuring the
                completeness, timeliness, and accuracy of such information;
                and maintaining, enhancing, and operating the electronic
                systems that allow for the transmission of such
                information; and
                    ``(ii) a fee for the right to use such information.
                ``(C) The Commissioner of Social Security shall not use
            amounts provided for a fiscal year in an appropriation Act
            under the heading `Limitation on Administrative Expenses' for
            the Social Security Administration for the amounts under
            paragraph (3)(A), except as the Commissioner determines is
            necessary on a temporary basis and subject to reimbursement
            under such paragraph.'';
            (2) in paragraph (3)(A), by striking ``for the reasonable cost
        of carrying out such arrangement, and'' and inserting ``for--
                    ``(i) the agency's proportional share (as determined by
                the Commissioner in consultation with the head of the
                agency) of--

                        ``(I) the payments to States required under
                    paragraph (2)(A);
                        ``(II) the costs to the Commissioner of developing
                    the contracts described in paragraph (1); and
                        ``(III) the costs to the Commissioner of carrying
                    out the study required under section 802 of division FF
                    of the Consolidated Appropriations Act, 2021; and

                    ``(ii) the full documented cost to the Commissioner of
                developing such arrangement and transmitting such
                information to the agency; and'';
            (3) in paragraph (5)--
                (A) by striking ``such records as may be corrected under
            this section'' and inserting ``all information regarding
            deceased individuals furnished to or maintained by the
            Commissioner under this subsection''; and
                (B) by striking ``by Federal and State agencies'' and
            inserting ``by a Federal or State agency, provided that the
            requirements of subparagraphs (A) and (B) of paragraph (3) are
            met'';
            (4) by redesignating paragraphs (7) through (9) as paragraphs
        (8) through (10), respectively, and inserting after paragraph (6)
        the following new paragraph:
            ``(7) In the event an individual is incorrectly identified as
        deceased in the records furnished by a State to the Commissioner of
        Social Security under this subsection and the individual provides
        the Commissioner with the necessary documentation to correct such
        identification, the Commissioner may--
                ``(A) notify the State of the error in the records so
            furnished; and
                ``(B) inform the individual of the source of the incorrect
            death data.'';
            (5) in paragraph (9)(F), as so redesignated, by striking ``the
        Commission'' and inserting ``the Commissioner'';
            (6) in paragraph (10), as so redesignated--
                (A) by adjusting the left margin so as to align with the
            left margin of paragraph (9); and
                (B) in subparagraph (A)(i), by inserting ``, provided that
            the requirements of subparagraphs (A) and (B) of paragraph (3)
            are met with respect to such agreement'' before the semicolon;
            and
            (7) by adding at the end the following new paragraph:
            ``(11) During the 3-year period that begins on the effective
        date of this paragraph, the Commissioner of Social Security shall,
        to the extent feasible, provide information furnished to the
        Commissioner under paragraph (1) to the agency operating the Do Not
        Pay working system described in section 3354(c) of title 31, United
        States Code, to prevent improper payments to deceased individuals
        through a cooperative arrangement with such agency, provided that
        the requirements of subparagraphs (A) and (B) of paragraph (3) are
        met with respect to such arrangement with such agency.''.
        (b) Effective Dates.--
            (1) In general.--Subject to paragraph (2), the amendments made
        by this section shall take effect on the date of enactment of this
        Act.
            (2) Delay.--The amendment made by paragraph (7) of subsection
        (a) shall take effect on the date that is 3 years after the date of
        enactment of this Act.
        SEC. 802. STUDY AND REPORT TO CONGRESS ON SOURCES AND ACCESS TO
          DEATH DATA.
        (a) Study.--Not later than 180 days after the date of enactment of
    this Act, the Commissioner of Social Security shall enter into an
    agreement with the National Academy of Public Administration to conduct
    an independent study of the current and potential sources for, and
    provision of access to, State-owned death data for limited use by
    Federal agencies and programs for purposes of program administration
    and payment integrity. Such study shall be performed in consultation
    with State vital records agencies, the National Association for Public
    Health Statistics and Information Systems (NAPHSIS), the Commissioner
    of Social Security, the agency operating the Do Not Pay working system
    described in section 3354(c) of title 31, United States Code, and other
    Federal agencies using such death data, as appropriate, and shall
    include the following:
            (1) Analysis of the following:
                (A) The sources and owners of the death data.
                (B) The timeliness, accuracy, and completeness of State-
            owned death data, including the process for correcting
            inaccuracies .
                (C) Federal and State laws that may affect legal access to,
            and protections for, State-owned death data.
                (D) Federalism and the appropriate roles of the relevant
            Federal and State entities, including States' role in recording
            vital records and the core mission and responsibility of any
            Federal agency involved.
                (E) The costs incurred for each step of the death data
            collection, management, protection (legal and otherwise), and
            transmission processes, and the challenges to adequate funding
            of State vital records programs.
                (F) Unmet needs (if any) for these data among Federal
            agencies or programs.
                (G) Options for providing Federal agencies with limited
            access to State-owned death data, including Federal agencies
            contracting directly with States for access to such data or
            distribution of such data via the Commissioner of Social
            Security or another Federal agency or program, and
            corresponding options for appropriate reimbursement structures.
            (2) An assessment of the strengths and limitations of the
        options for distribution and reimbursement identified in paragraph
        (1)(G).
        (b) Report.--Upon completion of the study required under subsection
    (a), the Commissioner of Social Security shall transmit the study to
    the Committees on Ways and Means and Oversight and Reform of the House
    of Representatives, and the Committees on Finance and Homeland Security
    and Governmental Affairs of the Senate.

              TITLE IX--TELECOMMUNICATIONS AND CONSUMER PROTECTION

        SEC. 901. PERFORMANCE STANDARDS TO PROTECT AGAINST PORTABLE FUEL
          CONTAINER EXPLOSIONS NEAR OPEN FLAMES OR OTHER IGNITION SOURCES.
        (a) Short Title.--This section may be cited as the ``Portable Fuel
    Container Safety Act of 2020''.
        (b) Standards.--
            (1) Rule on safety performance standards required.--Not later
        than 30 months after the date of enactment of this Act, the
        Consumer Product Safety Commission (referred to in this Act as the
        ``Commission'') shall promulgate a final rule to require flame
        mitigation devices in portable fuel containers that impede the
        propagation of flame into the container, except as provided in
        paragraph (3).
            (2) Rulemaking; consumer product safety standard.--A rule under
        paragraph (1)--
                (A) shall be promulgated in accordance with section 553 of
            title 5, United States Code; and
                (B) shall be treated as a consumer product safety rule
            promulgated under section 9 of the Consumer Product Safety Act
            (15 U.S.C. 2058).
            (3) Exception.--
                (A) Voluntary standard.--Paragraph (1) shall not apply for
            a class of portable fuel containers in the scope of this Act if
            the Commission determines at any time that--
                    (i) there is a voluntary standard for flame mitigation
                devices for those containers that impedes the propagation
                of flame into the container;
                    (ii) the voluntary standard described in clause (i) is
                or will be in effect not later than 18 months after the
                date of enactment of this Act; and
                    (iii) the voluntary standard described in clause (i) is
                developed by ASTM International or such other standard
                development organization that the Commission determines to
                have met the intent of this Act.
                (B) Determination required to be published in the federal
            register.--Any determination made by the Commission under this
            subsection shall be published in the Federal Register.
            (4) Treatment of voluntary standard for purpose of
        enforcement.--If the Commission determines that a voluntary
        standard meets the conditions described in paragraph (3)(A), the
        requirements of such voluntary standard shall be treated as a
        consumer product safety rule promulgated under section 9 of the
        Consumer Product Safety Act (15 U.S.C. 2058) beginning on the date
        which is the later of--
                (A) 180 days after publication of the Commission's
            determination under paragraph (3); or
                (B) the effective date contained in the voluntary standard.
            (5) Revision of voluntary standard.--
                (A) Notice to commission.--If the requirements of a
            voluntary standard that meet the conditions of paragraph (3)
            are subsequently revised, the organization that revised the
            standard shall notify the Commission after the final approval
            of the revision.
                (B) Effective date of revision.--Not later than 180 days
            after the Commission is notified of a revised voluntary
            standard described in subparagraph (A) (or such later date as
            the Commission determines appropriate), such revised voluntary
            standard shall become enforceable as a consumer product safety
            rule promulgated under section 9 of the Consumer Product Safety
            Act (15 U.S.C. 2058), in place of the prior version, unless
            within 90 days after receiving the notice the Commission
            determines that the revised voluntary standard does not meet
            the requirements described in paragraph (3).
            (6) Future rulemaking.--The Commission, at any time after
        publication of the consumer product safety rule required by
        paragraph (1), a voluntary standard is treated as a consumer
        product safety rule under paragraph (4), or a revision is
        enforceable as a consumer product safety rule under paragraph (5)
        may initiate a rulemaking in accordance with section 553 of title
        5, United States Code, to modify the requirements or to include any
        additional provision that the Commission determines is reasonably
        necessary to protect the public against flame jetting from a
        portable fuel container. Any rule promulgated under this subsection
        shall be treated as a consumer product safety rule promulgated
        under section 9 of the Consumer Product Safety Act (15 U.S.C.
        2058).
            (7) Action required.--
                (A) Education campaign.--Not later than 1 year after the
            date of enactment of this Act, the Commission shall undertake a
            campaign to educate consumers about the dangers associated with
            using or storing portable fuel containers for flammable liquids
            near an open flame or any other source of ignition.
                (B) Summary of actions.--Not later than 2 years after the
            date of enactment of this Act, the Commission shall submit to
            Congress a summary of actions taken by the Commission in such
            campaign.
            (8) Portable fuel container defined.--In this Act, the term
        ``portable fuel container'' means any container or vessel
        (including any spout, cap, and other closure mechanism or component
        of such container or vessel or any retrofit or aftermarket spout or
        component intended or reasonably anticipated to be for use with
        such container)--
                (A) intended for flammable liquid fuels with a flash point
            less than 140 degrees Fahrenheit, including gasoline, kerosene,
            diesel, ethanol, methanol, denatured alcohol, or biofuels;
                (B) that is a consumer product with a capacity of 5 gallons
            or less; and
                (C) that the manufacturer knows or reasonably should know
            is used by consumers for transporting, storing, and dispensing
            flammable liquid fuels.
            (9) Rule of construction.--This Act may not be interpreted to
        conflict with the Children's Gasoline Burn Prevention Act (Public
        Law 110-278; 122 Stat. 2602).
        (c) Children's Gasoline Burn Prevention Act.--
            (1) Amendment.--Section 2(c) of the Children's Gasoline Burn
        Prevention Act (15 U.S.C. 2056 note; Public Law 110-278) is amended
        by inserting after ``for use by consumers'' the following: ``and
        any receptacle for gasoline, kerosene, or diesel fuel, including
        any spout, cap, and other closure mechanism and component of such
        receptacle or any retrofit or aftermarket spout or component
        intended or reasonably anticipated to be for use with such
        receptacle, produced or distributed for sale to or use by consumers
        for transport of, or refueling of internal combustion engines with,
        gasoline, kerosene, or diesel fuel''.
            (2) Applicability.--The amendment made by paragraph (1) shall
        take effect 6 months after the date of enactment of this Act.
        SEC. 902. DON'T BREAK UP THE T-BAND.
        (a) Short Title.--This section may be cited as the ``Don't Break Up
    the T-Band Act of 2020''.
        (b) Repeal of Requirement to Reallocate and Auction T-Band
    Spectrum.--
            (1) Repeal.--Section 6103 of the Middle Class Tax Relief and
        Job Creation Act of 2012 (47 U.S.C. 1413) is repealed.
            (2) Clerical amendment.--The table of contents in section 1(b)
        of such Act is amended by striking the item relating to section
        6103.
        (c) Clarifying Acceptable 9-1-1 Obligations or Expenditures.--
    Section 6 of the Wireless Communications and Public Safety Act of 1999
    (47 U.S.C. 615a-1) is amended--
            (1) in subsection (f)--
                (A) in paragraph (1), by striking ``as specified in the
            provision of State or local law adopting the fee or charge''
            and inserting ``consistent with the purposes and functions
            designated in the final rules issued under paragraph (3) as
            purposes and functions for which the obligation or expenditure
            of such a fee or charge is acceptable'';
                (B) in paragraph (2), by striking ``any purpose other than
            the purpose for which any such fees or charges are specified''
            and inserting ``any purpose or function other than the purposes
            and functions designated in the final rules issued under
            paragraph (3) as purposes and functions for which the
            obligation or expenditure of any such fees or charges is
            acceptable''; and
                (C) by adding at the end the following:
            ``(3) Acceptable obligations or expenditures.--
                ``(A) Rules required.--In order to prevent diversion of 9-
            1-1 fees or charges, the Commission shall, not later than 180
            days after the date of the enactment of this paragraph, issue
            final rules designating purposes and functions for which the
            obligation or expenditure of 9-1-1 fees or charges, by any
            State or taxing jurisdiction authorized to impose such a fee or
            charge, is acceptable.
                ``(B) Purposes and functions.--The purposes and functions
            designated under subparagraph (A) shall be limited to the
            support and implementation of 9-1-1 services provided by or in
            the State or taxing jurisdiction imposing the fee or charge and
            operational expenses of public safety answering points within
            such State or taxing jurisdiction. In designating such purposes
            and functions, the Commission shall consider the purposes and
            functions that States and taxing jurisdictions specify as the
            intended purposes and functions for the 9-1-1 fees or charges
            of such States and taxing jurisdictions, and determine whether
            such purposes and functions directly support providing 9-1-1
            services.
                ``(C) Consultation required.--The Commission shall consult
            with public safety organizations and States and taxing
            jurisdictions as part of any proceeding under this paragraph.
                ``(D) Definitions.--In this paragraph:
                    ``(i) 9-1-1 fee or charge.--The term `9-1-1 fee or
                charge' means a fee or charge applicable to commercial
                mobile services or IP-enabled voice services specifically
                designated by a State or taxing jurisdiction for the
                support or implementation of 9-1-1 services.
                    ``(ii) 9-1-1 services.--The term `9-1-1 services' has
                the meaning given such term in section 158(e) of the
                National Telecommunications and Information Administration
                Organization Act (47 U.S.C. 942(e)).
                    ``(iii) State or taxing jurisdiction.--The term `State
                or taxing jurisdiction' means a State, political
                subdivision thereof, Indian Tribe, or village or regional
                corporation serving a region established pursuant to the
                Alaska Native Claims Settlement Act (43 U.S.C. 1601 et
                seq.).
            ``(4) Participation.--If a State or taxing jurisdiction (as
        defined in paragraph (3)(D)) receives a grant under section 158 of
        the National Telecommunications and Information Administration
        Organization Act (47 U.S.C. 942) after the date of the enactment of
        this paragraph, such State or taxing jurisdiction shall, as a
        condition of receiving such grant, provide the information
        requested by the Commission to prepare the report required by
        paragraph (2).
            ``(5) Petition regarding additional purposes and functions.--
                ``(A) In general.--A State or taxing jurisdiction (as
            defined in paragraph (3)(D)) may submit to the Commission a
            petition for a determination that an obligation or expenditure
            of a 9-1-1 fee or charge (as defined in such paragraph) by such
            State or taxing jurisdiction for a purpose or function other
            than a purpose or function designated under paragraph (3)(A)
            should be treated as such a purpose or function. If the
            Commission finds that the State or taxing jurisdiction has
            provided sufficient documentation to make the demonstration
            described in subparagraph (B), the Commission shall grant such
            petition.
                ``(B) Demonstration described.--The demonstration described
            in this subparagraph is a demonstration that the purpose or
            function--
                    ``(i) supports public safety answering point functions
                or operations; or
                    ``(ii) has a direct impact on the ability of a public
                safety answering point to--

                        ``(I) receive or respond to 9-1-1 calls; or
                        ``(II) dispatch emergency responders.''; and

            (2) by adding at the end the following:
        ``(j) Severability Clause.--If any provision of this section or the
    application thereof to any person or circumstance is held invalid, the
    remainder of this section and the application of such provision to
    other persons or circumstances shall not be affected thereby.''.
        (d) Prohibition on 9-1-1 Fee or Charge Diversion.--
            (1) In general.--If the Commission obtains evidence that
        suggests the diversion by a State or taxing jurisdiction of 9-1-1
        fees or charges, the Commission shall submit such information,
        including any information regarding the impact of any underfunding
        of 9-1-1 services in the State or taxing jurisdiction, to the
        interagency strike force established under paragraph (3).
            (2) Report to congress.--Beginning with the first report under
        section 6(f)(2) of the Wireless Communications and Public Safety
        Act of 1999 (47 U.S.C. 615a-1(f)(2)) that is required to be
        submitted after the date that is 1 year after the date of the
        enactment of this Act, the Commission shall include in each report
        required under such section all evidence that suggests the
        diversion by a State or taxing jurisdiction of 9-1-1 fees or
        charges, including any information regarding the impact of any
        underfunding of 9-1-1 services in the State or taxing jurisdiction.
            (3) Interagency strike force to end 9-1-1 fee or charge
        diversion.--
                (A) Establishment.--Not later than 180 days after the date
            of the enactment of this Act, the Commission shall establish an
            interagency strike force to study how the Federal Government
            can most expeditiously end diversion by a State or taxing
            jurisdiction of 9-1-1 fees or charges. Such interagency strike
            force shall be known as the ``Ending 9-1-1 Fee Diversion Now
            Strike Force'' (in this subsection referred to as the ``Strike
            Force'').
                (B) Duties.--In carrying out the study under subparagraph
            (A), the Strike Force shall--
                    (i) determine the effectiveness of any Federal laws,
                including regulations, policies, and practices, or
                budgetary or jurisdictional constraints regarding how the
                Federal Government can most expeditiously end diversion by
                a State or taxing jurisdiction of 9-1-1 fees or charges;
                    (ii) consider whether criminal penalties would further
                prevent diversion by a State or taxing jurisdiction of 9-1-
                1 fees or charges; and
                    (iii) determine the impacts of diversion by a State or
                taxing jurisdiction of 9-1-1 fees or charges.
                (C) Members.--The Strike Force shall be composed of such
            representatives of Federal departments and agencies as the
            Commission considers appropriate, in addition to--
                    (i) State attorneys general;
                    (ii) States or taxing jurisdictions found not to be
                engaging in diversion of 9-1-1 fees or charges;
                    (iii) States or taxing jurisdictions trying to stop the
                diversion of 9-1-1 fees or charges;
                    (iv) State 9-1-1 administrators;
                    (v) public safety organizations;
                    (vi) groups representing the public and consumers; and
                    (vii) groups representing public safety answering point
                professionals.
                (D) Report to congress.--Not later than 270 days after the
            date of the enactment of this Act, the Strike Force shall
            publish on the website of the Commission and submit to the
            Committee on Energy and Commerce of the House of
            Representatives and the Committee on Commerce, Science, and
            Transportation of the Senate a report on the findings of the
            study under this paragraph, including--
                    (i) any recommendations regarding how to most
                expeditiously end the diversion by a State or taxing
                jurisdiction of 9-1-1 fees or charges, including actions
                that can be taken by Federal departments and agencies and
                appropriate changes to law or regulations; and
                    (ii) a description of what progress, if any, relevant
                Federal departments and agencies have made in implementing
                the recommendations under clause (i).
            (4) Failure to comply.--Notwithstanding any other provision of
        law, any State or taxing jurisdiction identified by the Commission
        in the report required under section 6(f)(2) of the Wireless
        Communications and Public Safety Act of 1999 (47 U.S.C. 615a-
        1(f)(2)) as engaging in diversion of 9-1-1 fees or charges shall be
        ineligible to participate or send a representative to serve on any
        committee, panel, or council established under section 6205(a) of
        the Middle Class Tax Relief and Job Creation Act of 2012 (47 U.S.C.
        1425(a)) or any advisory committee established by the Commission.
        (e) Rule of Construction.--Nothing in this Act, the Wireless
    Communications and Public Safety Act of 1999 (Public Law 106-81), or
    the Communications Act of 1934 (47 U.S.C. 151 et seq.) shall be
    construed to prevent a State or taxing jurisdiction from requiring an
    annual audit of the books and records of a provider of 9-1-1 services
    concerning the collection and remittance of a 9-1-1 fee or charge.
        (f) Definitions.--In this Act:
            (1) 9-1-1 fee or charge.--The term ``9-1-1 fee or charge'' has
        the meaning given such term in subparagraph (D) of paragraph (3) of
        section 6(f) of the Wireless Communications and Public Safety Act
        of 1999, as added by this Act.
            (2) 9-1-1 services.--The term ``9-1-1 services'' has the
        meaning given such term in section 158(e) of the National
        Telecommunications and Information Administration Organization Act
        (47 U.S.C. 942(e)).
            (3) Commission.--The term ``Commission'' means the Federal
        Communications Commission.
            (4) Diversion.--The term ``diversion'' means, with respect to a
        9-1-1 fee or charge, the obligation or expenditure of such fee or
        charge for a purpose or function other than the purposes and
        functions designated in the final rules issued under paragraph (3)
        of section 6(f) of the Wireless Communications and Public Safety
        Act of 1999, as added by this Act, as purposes and functions for
        which the obligation or expenditure of such a fee or charge is
        acceptable.
            (5) State or taxing jurisdiction.--The term ``State or taxing
        jurisdiction'' has the meaning given such term in subparagraph (D)
        of paragraph (3) of section 6(f) of the Wireless Communications and
        Public Safety Act of 1999, as added by this Act.
        SEC. 903. OFFICE OF INTERNET CONNECTIVITY AND GROWTH.
        (a) Short Title.--This section may be cited as the ``Advancing
    Critical Connectivity Expands Service, Small Business Resources,
    Opportunities, Access, and Data Based on Assessed Need and Demand Act''
    or the ``ACCESS BROADBAND Act''.
        (b) Establishment.--Not later than 180 days after the date of the
    enactment of this Act, the Assistant Secretary shall establish the
    Office of Internet Connectivity and Growth within the National
    Telecommunications and Information Administration.
        (c) Duties.--
            (1) Outreach.--The Office shall--
                (A) connect with communities that need access to high-speed
            internet and improved digital inclusion efforts through various
            forms of outreach and communication techniques;
                (B) hold regional workshops across the country to share
            best practices and effective strategies for promoting broadband
            access and adoption;
                (C) develop targeted broadband training and presentations
            for various demographic communities through various media;
                (D) develop and distribute publications (including
            toolkits, primers, manuals, and white papers) providing
            guidance, strategies, and insights to communities as the
            communities develop strategies to expand broadband access and
            adoption; and
                (E) as applicable in carrying out subparagraphs (A) through
            (D), coordinate with State agencies that provide similar
            broadband investments, outreach, and coordination through
            Federal programs.
            (2) Tracking of federal dollars.--
                (A) Broadband infrastructure.--The Office shall track the
            construction and use of and access to any broadband
            infrastructure built using any Federal support in a central
            database.
                (B) Accounting mechanism.--The Office shall develop a
            streamlined accounting mechanism by which any agency offering a
            Federal broadband support program and the Commission for any
            Universal Service Fund Program shall provide the information
            described in subparagraph (A) in a standardized and efficient
            fashion.
                (C) Report.--Not later than 1 year after the date of the
            enactment of this Act, and every year thereafter, the Office
            shall make public on the website of the Office and submit to
            the Committee on Energy and Commerce of the House of
            Representatives and the Committee on Commerce, Science, and
            Transportation of the Senate a report on the following:
                    (i) A description of the work of the Office for the
                previous year and the number of residents of the United
                States that received broadband as result of Federal
                broadband support programs and the Universal Service Fund
                Programs.
                    (ii) A description of how many residents of the United
                States were provided broadband by which universal service
                mechanism or which Federal broadband support program.
                    (iii) An estimate of the economic impact of such
                broadband deployment efforts on local economies, including
                any effect on small businesses or jobs.
        (d) Relation to Current Broadband Activities of NTIA.--The
    Assistant Secretary shall assign to the Office all activities performed
    by the National Telecommunications and Information Administration as of
    the date of the enactment of this Act that are similar to the
    activities required to be conducted by the Office under this Act.
        (e) Streamlined Applications for Support.--
            (1) Agency consultation.--The Office shall consult with any
        agency offering a Federal broadband support program to streamline
        and standardize the applications process for financial assistance
        or grants for such program.
            (2) Agency streamlining.--Any agency offering a Federal
        broadband support program shall amend the applications of the
        agency for broadband support, to the extent practicable and as
        necessary, to streamline and standardize applications for Federal
        broadband support programs across the Government.
            (3) Single application.--To the greatest extent practicable,
        the Office shall seek to create one application that may be
        submitted to apply for all, or substantially all, Federal broadband
        support programs.
            (4) Website required.--Not later than 180 days after the date
        of the enactment of this Act, the Office shall create a central
        website through which potential applicants can learn about and
        apply for support through any Federal broadband support program.
        (f) Coordination of Support.--
            (1) In general.--To ensure that Federal support for broadband
        deployment is being distributed in an efficient, technology-
        neutral, and financially sustainable manner, and that a program
        does not duplicate any other Federal broadband support program or
        any Universal Service Fund high-cost program--
                (A) any agency that offers a Federal broadband support
            program shall coordinate with the Office consistent with the
            goals described in paragraph (2); and
                (B) the Office, with respect to Federal broadband support
            programs, and the Commission, with respect to the Universal
            Service Fund high-cost programs, shall coordinate with each
            other consistent with the goals described in paragraph (2).
            (2) Goals.--The goals of any coordination conducted pursuant to
        this subsection are the following:
                (A) Serving the largest number of unserved locations in the
            United States and ensuring all residents of the United States
            have access to high-speed broadband.
                (B) Promoting the most job and economic growth for all
            residents of the United States.
            (3) Broadband availability maps.--The Office and the Commission
        shall consult the broadband availability maps produced by the
        Commission when coordinating under paragraph (1).
        (g) Definitions.--In this Act:
            (1) Agency.--The term ``agency'' has the meaning given that
        term in section 551 of title 5, United States Code.
            (2) Assistant secretary.--The term ``Assistant Secretary''
        means the Assistant Secretary of Commerce for Communications and
        Information.
            (3) Commission.--The term ``Commission'' means the Federal
        Communications Commission.
            (4) Federal broadband support program.--The term ``Federal
        broadband support program'' does not include any Universal Service
        Fund Program and means any of the following programs (or any other
        similar Federal program) to the extent the program offers broadband
        internet service, support for broadband deployment, or programs for
        promoting broadband access and adoption for various demographic
        communities through various media for residential, commercial,
        community providers, or academic establishments:
                (A) The Telecommunications and Technology Program of the
            Appalachian Regional Commission.
                (B) The Telecommunications Infrastructure Loan and Loan
            Guarantee Program established under the Rural Electrification
            Act of 1936, the rural broadband access program established
            under title VI of that Act (7 U.S.C. 950bb et seq.), the
            initiative under section 306F of that Act (7 U.S.C. 936f), the
            Community Connect Grant Program established under section 604
            of that Act (7 U.S.C. 950bb-3), the broadband loan and grant
            pilot program authorized under section 779 of division A of the
            Consolidated Appropriations Act, 2018 (Public Law 115-141; 132
            Stat. 399) (commonly known as the ``Rural eConnectivity Pilot
            Program'' or the ``ReConnect Program''), and the Distance
            Learning and Telemedicine Program under chapter 1 of subtitle D
            of title XXIII of the Food, Agriculture, Conservation, and
            Trade Act of 1990 (7 U.S.C. 950aaa et seq.).
                (C) Community facility direct and guaranteed loans under
            section 306(a) of the Consolidated Farm and Rural Development
            Act (7 U.S.C. 1926(a)), community facility grants under
            paragraph (19), (20), or (21) of section 306(a) of the
            Consolidated Farm and Rural Development Act (7 U.S.C. 1926(a)),
            and the Rural Community Development Initiative authorized under
            the heading ``Rural Housing Service--Rural Community Facilities
            Program Account'' under title III of division B of the Further
            Consolidated Appropriations Act, 2020 (Public Law 116-94; 133
            Stat. 2629).
                (D) The Public Works and Economic Adjustment Assistance
            Programs and the Planning and Local Technical Assistance
            Programs of the Economic Development Administration of the
            Department of Commerce.
                (E) The Community Development Block Grants and Section 108
            Loan Guarantees Programs, the Funds for Public Housing
            Authorities: Capital Fund and Operating Fund, the Multifamily
            Housing Programs, the Indian Community Development Block Grant
            Program, the Indian Housing Block Grant Program, the Title VI
            Loan Guarantee Program, the Choice Neighborhoods Program, the
            HOME Investment Partnerships Program, the Housing Trust Fund,
            and the Housing Opportunities for Persons with AIDS Program of
            the Department of Housing and Urban Development.
                (F) The American Job Centers of the Employment and Training
            Administration of the Department of Labor.
                (G) The Library Services and Technology Grant Programs of
            the Institute of Museum and Library Services.
            (5) Office.--The term ``Office'' means the Office of Internet
        Connectivity and Growth established pursuant to subsection (b).
            (6) Universal service fund high-cost programs.--The term
        ``Universal Service Fund high-cost programs'' means--
                (A) the program for Universal Service Support for High-Cost
            Areas set forth under subpart D of part 54 of title 47, Code of
            Federal Regulations, or any successor thereto;
                (B) the Rural Digital Opportunity Fund set forth under
            subpart J of part 54 of title 47, Code of Federal Regulations,
            or any successor thereto;
                (C) the Interstate Common Line Support Mechanism for Rate-
            of-Return Carriers set forth under subpart K of part 54 of
            title 47, Code of Federal Regulations, or any successor
            thereto;
                (D) the Mobility Fund and 5G Fund set forth under subpart L
            of part 54 of title 47, Code of Federal Regulations, or any
            successor thereto; and
                (E) the High Cost Loop Support for Rate-of-Return Carriers
            program set forth under subpart M of part 54 of title 47, Code
            of Federal Regulations, or any successor thereto.
            (7) Universal service fund program.--The term ``Universal
        Service Fund Program'' means any program authorized under section
        254 of the Communications Act of 1934 (47 U.S.C. 254) to help
        deploy broadband.
            (8) Universal service mechanism.--The term ``universal service
        mechanism'' means any funding stream provided by a Universal
        Service Fund Program to support broadband access.
        (h) Rule of Construction.--Nothing in this Act is intended to alter
    or amend any provision of section 254 of the Communications Act of 1934
    (47 U.S.C. 254).
        SEC. 904. INTERAGENCY AGREEMENT.
        (a) Short Title.--This section may be cited as the ``Broadband
    Interagency Coordination Act of 2020''.
        (b) Interagency Agreement.--
            (1) Definitions.--In this Act--
                (A) the term ``covered agency'' means--
                    (i) the Federal Communications Commission;
                    (ii) the Department of Agriculture; and
                    (iii) the National Telecommunications and Information
                Administration; and
                (B) the term ``high-cost programs'' means--
                    (i) the program for Universal Service Support for High-
                Cost Areas set forth under subpart D of part 54 of title
                47, Code of Federal Regulations, or any successor thereto;
                    (ii) the Rural Digital Opportunity Fund set forth under
                subpart J of part 54 of title 47, Code of Federal
                Regulations, or any successor thereto;
                    (iii) the Interstate Common Line Support Mechanism for
                Rate-of-Return Carriers set forth under subpart K of part
                54 of title 47, Code of Federal Regulations, or any
                successor thereto;
                    (iv) the Mobility Fund and 5G Fund set forth under
                subpart L of part 54 of title 47, Code of Federal
                Regulations, or any successor thereto; and
                    (v) the High Cost Loop Support for Rate-of-Return
                Carriers program set forth under subpart M of part 54 of
                title 47, Code of Federal Regulations, or any successor
                thereto.
            (2) Interagency agreement.--Not later than 180 days after the
        date of enactment of this Act, the heads of the covered agencies
        shall enter into an interagency agreement requiring coordination
        between the covered agencies for the distribution of funds for
        broadband deployment under--
                (A) the high-cost programs;
                (B) the programs administered by the Rural Utilities
            Service of the Department of Agriculture and the Department of
            Agriculture; and
                (C) the programs administered by or coordinated through the
            National Telecommunications and Information Administration.
            (3) Requirements.--In entering into an interagency agreement
        with respect to the programs described in paragraph (2), the heads
        of the covered agencies shall--
                (A) require that the covered agencies share information
            with each other about existing or planned projects that have
            received or will receive funds under the programs described in
            paragraph (2) for new broadband deployment;
                (B) provide that--
                    (i) subject to clause (ii), upon request from another
                covered agency with authority to award or authorize any
                funds for new broadband deployment in a project area, a
                covered agency shall provide the other covered agency with
                any information the covered agency possesses regarding,
                with respect to the project area--

                        (I) each entity that provides broadband service in
                    the area;
                        (II) levels of broadband service provided in the
                    area, including the speed of broadband service and the
                    technology provided;
                        (III) the geographic scope of broadband service
                    coverage in the area; and
                        (IV) each entity that has received or will receive
                    funds under the programs described in paragraph (2) to
                    provide broadband service in the area; and

                    (ii) if a covered agency designates any information
                provided to another covered agency under clause (i) as
                confidential, the other covered agency shall protect the
                confidentiality of that information;
                (C) consider basing the distribution of funds for broadband
            deployment under the programs described in paragraph (2) on
            standardized data regarding broadband coverage; and
                (D) provide that the interagency agreement shall be updated
            periodically, except that the scope of the agreement with
            respect to the Federal Communications Commission may not expand
            beyond the high-cost programs.
            (4) Assessment of agreement.--
                (A) Public comment.--Not later than 1 year after entering
            into the interagency agreement required under paragraph (2),
            the Federal Communications Commission shall seek public comment
            on--
                    (i) the effectiveness of the interagency agreement in
                facilitating efficient use of funds for broadband
                deployment;
                    (ii) the availability of Tribal, State, and local data
                regarding broadband deployment and the inclusion of that
                data in interagency coordination; and
                    (iii) modifications to the interagency agreement that
                would improve the efficacy of interagency coordination.
                (B) Assessment; report.--Not later than 18 months after the
            date of enactment of this Act, the Federal Communications
            Commission shall--
                    (i) review and assess the comments received under
                subparagraph (A); and
                    (ii) submit to the Committee on Commerce, Science, and
                Transportation of the Senate and the Committee on Energy
                and Commerce of the House of Representatives a report
                detailing any findings and recommendations from the
                assessment conducted under clause (i).
        SEC. 905. REALLOCATION AND AUCTION OF 3450-3550 MHZ SPECTRUM BAND.
        (a) Short Title.--This section may be cited as the ``Beat China by
    Harnessing Important, National Airwaves for 5G Act of 2020'' or the
    ``Beat CHINA for 5G Act of 2020''.
        (b) Definitions.--In this Act--
            (1) the term ``Commission'' means the Federal Communications
        Commission; and
            (2) the term ``covered band'' means the band of electromagnetic
        spectrum between the frequencies of 3450 megahertz and 3550
        megahertz, inclusive.
        (c) Withdrawal or Modification of Federal Government Assignments.--
    The President, acting through the Assistant Secretary of Commerce for
    Communications and Information, shall--
            (1) not later than 180 days after the date of enactment of this
        Act, in coordination with relevant Federal users, begin the process
        of withdrawing or modifying the assignments to Federal Government
        stations of the covered band as necessary for the Commission to
        comply with subsection (d); and
            (2) not later than 30 days after completing any necessary
        withdrawal or modification under paragraph (1), notify the
        Commission that the withdrawal or modification is complete.
        (d) Reallocation and Auction.--
            (1) In general.--The Commission shall--
                (A) revise the non-Federal allocation for the covered band
            to permit flexible-use services; and
                (B) notwithstanding paragraph (15)(A) of section 309(j) of
            the Communications Act of 1934 (47 U.S.C. 309(j)), not later
            than December 31, 2021, begin a system of competitive bidding
            under that section to grant new initial licenses for the use of
            a portion or all of the covered band, subject to flexible-use
            service rules.
            (2) Exemption from notification requirement.--The first
        sentence of section 113(g)(4)(A) of the National Telecommunications
        and Information Administration Organization Act (47 U.S.C.
        923(g)(4)(A)) shall not apply with respect to the system of
        competitive bidding required under paragraph (1)(B) of this
        subsection.
            (3) Proceeds to cover 110 percent of federal relocation or
        sharing costs.--Nothing in paragraph (1) shall be construed to
        relieve the Commission from the requirements of section
        309(j)(16)(B) of the Communications Act of 1934 (47 U.S.C.
        309(j)(16)(B)).

                           TITLE X--BANKRUPTCY RELIEF

    SEC. 1001. BANKRUPTCY RELIEF.
        (a) Property of the Estate.--
            (1) In general.--Section 541(b) of title 11, United States
        Code, is amended--
                (A) in paragraph (9), in the matter following subparagraph
            (B), by striking ``or'';
                (B) in paragraph (10)(C), by striking the period at the end
            and inserting ``; or''; and
                (C) by inserting after paragraph (10) the following:
            ``(11) recovery rebates made under section 6428 of the Internal
        Revenue Code of 1986.''.
            (2) Sunset.--Effective on the date that is 1 year after the
        date of enactment of this Act, section 541(b) of title 11, United
        States Code, is amended--
                (A) in paragraph (9), in the matter following subparagraph
            (B), by adding ``or'' at the end;
                (B) in paragraph (10)(C), by striking ``; or'' and
            inserting a period; and
                (C) by striking paragraph (11).
        (b) Discharge.--
            (1) In general.--Section 1328 of title 11, United States Code,
        is amended by adding at the end the following:
        ``(i) Subject to subsection (d), after notice and a hearing, the
    court may grant a discharge of debts dischargeable under subsection (a)
    to a debtor who has not completed payments to the trustee or a creditor
    holding a security interest in the principal residence of the debtor
    if--
            ``(1) the debtor defaults on not more than 3 monthly payments
        due on a residential mortgage under section 1322(b)(5) on or after
        March 13, 2020, to the trustee or creditor caused by a material
        financial hardship due, directly or indirectly, by the coronavirus
        disease 2019 (COVID-19) pandemic; or
            ``(2)(A) the plan provides for the curing of a default and
        maintenance of payments on a residential mortgage under section
        1322(b)(5); and
            ``(B) the debtor has entered into a forbearance agreement or
        loan modification agreement with the holder or servicer (as defined
        in section 6(i) of the Real Estate Settlement Procedures Act of
        1974 (12 U.S.C. 2605(i)) of the mortgage described in subparagraph
        (A).''.
            (2) Sunset.--Effective on the date that is 1 year after the
        date of enactment of this Act, section 1328 of title 11, United
        States Code, is amended by striking subsection (i).
        (c) Protection Against Discriminatory Treatment.--
            (1) In general.--Section 525 of title 11, United States Code,
        is amended by adding at the end the following:
        ``(d) A person may not be denied relief under sections 4022 through
    4024 of the CARES Act (15 U.S.C. 9056, 9057, 9058) because the person
    is or has been a debtor under this title.''.
            (2) Sunset.--Effective on the date that is 1 year after the
        date of enactment of this Act, section 525 of title 11, United
        States Code, is amended by striking subsection (d).
        (d) CARES Forbearance Claims.--
            (1) Filing of proofs of claims or interests.--Section 501 of
        title 11, United States Code, is amended by adding at the end the
        following:
        ``(f)(1) In this subsection--
            ``(A) the term `CARES forbearance claim' means a supplemental
        claim for the amount of a Federally backed mortgage loan or a
        Federally backed multifamily mortgage loan that was not received by
        an eligible creditor during the forbearance period of a loan
        granted forbearance under section 4022 or 4023 of the CARES Act (15
        U.S.C. 9056, 9057);
            ``(B) the term `eligible creditor' means a servicer (as defined
        in section 6(i) of the Real Estate Settlement Procedures Act of
        1974 (12 U.S.C. 2605(i)) with a claim for a Federally backed
        mortgage loan or a Federally backed multifamily mortgage loan of
        the debtor that is provided for by a plan under section 1322(b)(5);
            ``(C) the term `Federally backed mortgage loan' has the meaning
        given the term in section 4022(a) of the CARES Act (15 U.S.C.
        9056(a)); and
            ``(D) the term `Federally backed multifamily mortgage loan' has
        the meaning given the term in section 4023(f) of the CARES Act (15
        U.S.C. 9057(f)).
        ``(2)(A) Only an eligible creditor may file a supplemental proof of
    claim for a CARES forbearance claim.
        ``(B) If an underlying mortgage loan obligation has been modified
    or deferred by an agreement of the debtor and an eligible creditor of
    the mortgage loan in connection with a mortgage forbearance granted
    under section 4022 or 4023 of the CARES Act (15 U.S.C. 9056, 9057) in
    order to cure mortgage payments forborne under the forbearance, the
    proof of claim filed under subparagraph (A) shall include--
            ``(i) the relevant terms of the modification or deferral;
            ``(ii) for a modification or deferral that is in writing, a
        copy of the modification or deferral; and
            ``(iii) a description of the payments to be deferred until the
        date on which the mortgage loan matures.''.
            (2) Allowance of claims or interests.--Section 502(b)(9) of
        title 11, United States Code, is amended to read as follows:
            ``(9) proof of such claim is not timely filed, except to the
        extent tardily filed as permitted under paragraph (1), (2), or (3)
        of section 726(a) or under the Federal Rules of Bankruptcy
        Procedure, except that--
                ``(A) a claim of a governmental unit shall be timely filed
            if it is filed before 180 days after the date of the order for
            relief or such later time as the Federal Rules of Bankruptcy
            Procedure may provide;
                ``(B) in a case under chapter 13, a claim of a governmental
            unit for a tax with respect to a return filed under section
            1308 shall be timely if the claim is filed on or before the
            date that is 60 days after the date on which such return was
            filed as required; and
                ``(C) a CARES forbearance claim (as defined in section
            501(f)(1)) shall be timely filed if the claim is filed before
            the date that is 120 days after the expiration of the
            forbearance period of a loan granted forbearance under section
            4022 or 4023 of the CARES Act (15 U.S.C. 9056, 9057).''.
            (3) Sunset.--Effective on the date that is 1 year after the
        date of enactment of this Act--
                (A) section 501 of title 11, United States Code, is amended
            by striking subsection (f); and
                (B) section 502(b)(9) of title 11, United States Code, is
            amended--
                    (i) in subparagraph (A), by adding ``and'' at the end;
                    (ii) in subparagraph (B), by striking ``; and'' and
                inserting a period; and
                    (iii) by striking subparagraph (C).
        (e) Modification of Plan After Confirmation.--
            (1) In general.--Section 1329 of title 11, United States Code,
        is amended by adding at the end the following:
        ``(e)(1) A debtor of a case for which a creditor files a proof of
    claim under section 501(f) may file a request for a modification of the
    plan to provide for the proof of claim.
        ``(2) If the debtor does not file a request for a modification of
    the plan under paragraph (1) on or before the date that is 30 days
    after the date on which a creditor files a claim under section 501(f),
    after notice, the court, on a motion of the court or on a motion of the
    United States trustee, the trustee, a bankruptcy administrator, or any
    party in interest, may request a modification of the plan to provide
    for the proof of claim.''.
            (2) Sunset.--Effective on the date that is 1 year after the
        date of enactment of this Act, section 1329 of title 11, United
        States Code, is amended by striking subsection (e).
        (f) Executory Contracts and Unexpired Leases.--
            (1) In general.--Section 365(d) of title 11, United States
        Code, is amended--
                (A) in paragraph (3)--
                    (i) by inserting ``(A)'' after ``(3)'';
                    (ii) by inserting ``, except as provided in
                subparagraph (B)'' after ``such 60-day period''; and
                    (iii) by adding at the end the following:
        ``(B) In a case under subchapter V of chapter 11, the time for
    performance of an obligation described in subparagraph (A) arising
    under any unexpired lease of nonresidential real property may be
    extended by the court if the debtor is experiencing or has experienced
    a material financial hardship due, directly or indirectly, to the
    coronavirus disease 2019 (COVID-19) pandemic until the earlier of--
            ``(i) the date that is 60 days after the date of the order for
        relief, which may be extended by the court for an additional period
        of 60 days if the court determines that the debtor is continuing to
        experience a material financial hardship due, directly or
        indirectly, to the coronavirus disease 2019 (COVID-19) pandemic; or
            ``(ii) the date on which the lease is assumed or rejected under
        this section.
        ``(C) An obligation described in subparagraph (A) for which an
    extension is granted under subparagraph (B) shall be treated as an
    administrative expense described in section 507(a)(2) for the purpose
    of section 1191(e).''; and
                (B) in paragraph (4), by striking ``120'' each place it
            appears and inserting ``210''.
            (2) Sunset.--
                (A) In general.--Effective on the date that is 2 years
            after the date of enactment of this Act, section 365(d) of
            title 11, United States Code, is amended--
                    (i) in paragraph (3)--

                        (I) by striking ``(A)'' after ``(3)'';
                        (II) by striking ``, except as provided in
                    subparagraph (B)'' after ``such 60-day period''; and
                        (III) by striking subparagraphs (B) and (C); and

                    (ii) in paragraph (4), by striking ``210'' each place
                it appears and inserting ``120''.
                (B) Subchapter v cases filed before sunset.--
            Notwithstanding the amendments made by subparagraph (A), the
            amendments made by paragraph (1) shall apply in any case
            commenced under subchapter V of chapter 11 of title 11, United
            States Code, before the date that is 2 years after the date of
            enactment of this Act.
        (g) Preferences.--
            (1) In general.--Section 547 of title 11, United States Code,
        is amended--
                (A) in subsection (b), in the matter preceding paragraph
            (1), by striking ``and (i)'' and inserting ``, (i), and (j)'';
            and
                (B) by adding at the end the following:
        ``(j)(1) In this subsection:
            ``(A) The term `covered payment of rental arrearages' means a
        payment of arrearages that--
                ``(i) is made in connection with an agreement or
            arrangement--
                    ``(I) between the debtor and a lessor to defer or
                postpone the payment of rent and other periodic charges
                under a lease of nonresidential real property; and
                    ``(II) made or entered into on or after March 13, 2020;
                ``(ii) does not exceed the amount of rental and other
            periodic charges agreed to under the lease of nonresidential
            real property described in clause (i)(I) before March 13, 2020;
            and
                ``(iii) does not include fees, penalties, or interest in an
            amount greater than the amount of fees, penalties, or
            interest--
                    ``(I) scheduled to be paid under the lease of
                nonresidential real property described in clause (i)(I); or
                    ``(II) that the debtor would owe if the debtor had made
                every payment due under the lease of nonresidential real
                property described in clause (i)(I) on time and in full
                before March 13, 2020.
            ``(B) The term `covered payment of supplier arrearages' means a
        payment of arrearages that--
                ``(i) is made in connection with an agreement or
            arrangement--
                    ``(I) between the debtor and a supplier of goods or
                services to defer or postpone the payment of amounts due
                under an executory contract for goods or services; and
                    ``(II) made or entered into on or after March 13, 2020;
                ``(ii) does not exceed the amount due under the executory
            contract described in clause (i)(I) before March 13, 2020; and
                ``(iii) does not include fees, penalties, or interest in an
            amount greater than the amount of fees, penalties, or
            interest--
                    ``(I) scheduled to be paid under the executory contract
                described in clause (i)(I); or
                    ``(II) that the debtor would owe if the debtor had made
                every payment due under the executory contract described in
                clause (i)(I) on time and in full before March 13, 2020.
        ``(2) The trustee may not avoid a transfer under this section for--
            ``(A) a covered payment of rental arrearages; or
            ``(B) a covered payment of supplier arrearages.''.
            (2) Sunset.--
                (A) In general.--Effective on the date that is 2 years
            after the date of enactment of this Act, section 547 of title
            11, United States Code, is amended--
                    (i) in subsection (b), in the matter preceding
                paragraph (1), by striking ``, (i), and (j)'' and inserting
                ``and (i)''; and
                    (ii) by striking subsection (j).
                (B) Cases filed before sunset.--Notwithstanding the
            amendments made by subparagraph (A), the amendments made by
            paragraph (1) shall apply in any case commenced under title 11,
            United States Code, before the date that is 2 years after the
            date of enactment of this Act.
        (h) Termination of Utility Services.--
            (1) In general.--Section 366 of title 11, United States Code,
        is amended by adding at the end the following:
        ``(d) Notwithstanding any other provision of this section, a
    utility may not alter, refuse, or discontinue service to a debtor who
    does not furnish adequate assurance of payment under this section if
    the debtor--
            ``(1) is an individual;
            ``(2) makes a payment to the utility for any debt owed to the
        utility for service provided during the 20-day period beginning on
        the date of the order for relief; and
            ``(3) after the date on which the 20-day period beginning on
        the date of the order for relief ends, makes a payment to the
        utility for services provided during the pendency of case when such
        a payment becomes due.''.
            (2) Sunset.--Effective on the date that is 1 year after the
        date of enactment of this Act, section 366 of title 11, United
        States Code, is amended by striking subsection (d).
        (i) Customs Duties.--
            (1) In general.--Section 507(d) of title 11, United States
        Code, is amended--
                (A) by striking ``, (a)(8)'';
                (B) by inserting ``or subparagraphs (A) through (E) and (G)
            of subsection (a)(8)'' after ``(a)(9)''; and
                (C) inserting ``or subparagraph'' after ``such
            subsection''.
            (2) Sunset.--Effective on the date that is 1 year after the
        date of enactment of this Act, section 507(d) of title 11, United
        States Code, is amended--
                (A) by inserting ``, (a)(8)'' before ``, or (a)(9)'';
                (B) by striking ``or subparagraphs (A) through (E) and (G)
            of subsection (a)(8)''; and
                (C) by striking ``or subparagraph'' after ``such
            subsection''.

                   TITLE XI--WESTERN WATER AND INDIAN AFFAIRS

    SEC. 1101. AGING INFRASTRUCTURE ACCOUNT.
        Section 9603 of the Omnibus Public Land Management Act of 2009 (43
    U.S.C. 510b) is amended by adding at the end the following:
        ``(d) Aging Infrastructure Account.--
            ``(1) Establishment.--There is established in the general fund
        of the Treasury a special account, to be known as the `Aging
        Infrastructure Account' (referred to in this subsection as the
        `Account'), to provide funds to, and provide for the extended
        repayment of the funds by, a transferred works operating entity or
        project beneficiary responsible for repayment of reimbursable costs
        for the conduct of extraordinary operation and maintenance work at
        a project facility, which shall consist of--
                ``(A) any amounts that are specifically appropriated to the
            Account under section 9605; and
                ``(B) any amounts deposited in the Account under paragraph
            (3)(B).
            ``(2) Expenditures.--Subject to paragraphs (3) and (6), the
        Secretary may expend amounts in the Account to fund and provide for
        extended repayment of the funds for eligible projects identified in
        a report submitted under paragraph (5)(B).
            ``(3) Repayment contract.--
                ``(A) In general.--The Secretary may not expend amounts
            under paragraph (2) with respect to an eligible project
            described in that paragraph unless the transferred works
            operating entity or project beneficiary responsible for
            repayment of reimbursable costs has entered into a contract to
            repay the amounts under subsection (b)(2).
                ``(B) Deposit of repaid funds.--Amounts repaid by a
            transferred works operating entity or project beneficiary
            responsible for repayment of reimbursable costs receiving funds
            under a repayment contract entered into under this subsection
            shall be deposited in the Account and shall be available to the
            Secretary for expenditure, subject to paragraph (6), in
            accordance with this subsection, and without further
            appropriation.
            ``(4) Application for funding.--
                ``(A) In general.--Beginning with fiscal year 2022, not
            less than once per fiscal year, the Secretary shall accept,
            during an application period established by the Secretary,
            applications from transferred works operating entities or
            project beneficiaries responsible for payment of reimbursable
            costs for funds and extended repayment for eligible projects.
                ``(B) Eligible project.--A project eligible for funding and
            extended repayment under this subsection is a project that--
                    ``(i) qualifies as an extraordinary operation and
                maintenance work under this section;
                    ``(ii) is for the major, non-recurring maintenance of a
                mission-critical asset; and
                    ``(iii) is not eligible to be carried out or funded
                under the repayment provisions of section 4(c) of the
                Reclamation Safety of Dams Act of 1978 (43 U.S.C. 508(c)).
                ``(C) Guidelines for applications.--Not later than 60 days
            after the date of enactment of this subsection, the Secretary
            shall issue guidelines describing the information required to
            be provided in an application for funds and extended repayment
            under this subsection that require, at a minimum--
                    ``(i) a description of the project for which the funds
                are requested;
                    ``(ii) the amount of funds requested;
                    ``(iii) the repayment period requested by the
                transferred works operating entity or project beneficiary
                responsible for repayment of reimbursable costs;
                    ``(iv) alternative non-Federal funding options that
                have been evaluated;
                    ``(v) the financial justification for requesting an
                extended repayment period; and
                    ``(vi) the financial records of the transferred works
                operating entity or project beneficiary responsible for
                repayment of reimbursable costs.
                ``(D) Review by the secretary.--The Secretary shall review
            each application submitted under subparagraph (A)--
                    ``(i) to determine whether the project is eligible for
                funds and an extended repayment period under this
                subsection;
                    ``(ii) to determine if the project has been identified
                by the Bureau of Reclamation as part of the major
                rehabilitation and replacement of a project facility; and
                    ``(iii) to conduct a financial analysis of--

                        ``(I) the project; and
                        ``(II) repayment capability of the transferred
                    works operating entity or project beneficiary
                    responsible for repayment of reimbursable costs.

            ``(5) Report.--Not later than 90 days after the date on which
        an application period closes under paragraph (4)(A), the Secretary
        shall submit to the Committees on Energy and Natural Resources and
        Appropriations of the Senate and the Committees on Natural
        Resources and Appropriations of the House of Representatives a
        report that--
                ``(A) describes the results of the Secretary's review of
            each application under paragraph (4)(D), including a
            determination of whether the project is eligible;
                ``(B) identifies each project eligible for funds and
            extended repayment under this subsection;
                ``(C) with respect to each eligible project identified
            under subparagraph (B), includes--
                    ``(i) a description of--

                        ``(I) the eligible project;
                        ``(II) the anticipated cost and duration of the
                    eligible project;
                        ``(III) any remaining engineering or environmental
                    compliance that is required before the eligible project
                    commences;
                        ``(IV) any recommendations the Secretary may have
                    concerning the plan or design of the project; and
                        ``(V) any conditions the Secretary may require for
                    construction of the project;

                    ``(ii) an analysis of--

                        ``(I) the repayment period proposed in the
                    application; and
                        ``(II) if the Secretary recommends a minimum
                    necessary repayment period that is different than the
                    repayment period proposed in the application, the
                    minimum necessary repayment period recommended by the
                    Secretary; and

                    ``(iii) an analysis of alternative non-Federal funding
                options;
                ``(D) describes the allocation of funds from deposits into
            the Account under paragraph (3)(B); and
                ``(E) describes the balance of funds in the Account as of
            the date of the report.
            ``(6) Alternative allocation.--
                ``(A) In general.--Appropriations Acts may provide for
            alternate allocation of amounts reported pursuant to paragraph
            (5)(D) that are made available under this subsection.
                ``(B) Allocation by secretary.--
                    ``(i) No alternate allocations.--If Congress has not
                enacted legislation establishing alternate allocations by
                the date on which the Act making full-year appropriations
                for energy and water development and related agencies for
                the applicable fiscal year is enacted into law, amounts
                made available under paragraph (1) shall be allocated by
                the Secretary.
                    ``(ii) Insufficient alternate allocations.--If Congress
                enacts legislation establishing alternate allocations for
                amounts made available under paragraph (1) that are less
                than the full amount appropriated under that paragraph, the
                difference between the amount appropriated and the
                alternate allocation shall be allocated by the Secretary.
            ``(7) Effect of subsection.--Nothing in this subsection
        affects--
                ``(A) any funding provided, or contracts entered into,
            under subsection (a) before the date of enactment of this
            subsection; or
                ``(B) the use of funds otherwise made available to the
            Secretary to carry out subsection (a).''.
    SEC. 1102. NAVAJO-UTAH WATER RIGHTS SETTLEMENT.
        (a) Purposes.--The purposes of this section are--
            (1) to achieve a fair, equitable, and final settlement of all
        claims to water rights in the State of Utah for--
                (A) the Navajo Nation; and
                (B) the United States, for the benefit of the Nation;
            (2) to authorize, ratify, and confirm the agreement entered
        into by the Nation and the State, to the extent that the agreement
        is consistent with this section;
            (3) to authorize and direct the Secretary--
                (A) to execute the agreement; and
                (B) to take any actions necessary to carry out the
            agreement in accordance with this section; and
            (4) to authorize funds necessary for the implementation of the
        agreement and this section.
        (b) Definitions.--In this section:
            (1) Agreement.--The term ``agreement'' means--
                (A) the document entitled ``Navajo Utah Water Rights
            Settlement Agreement'' dated December 14, 2015, and the
            exhibits attached thereto; and
                (B) any amendment or exhibit to the document or exhibits
            referenced in subparagraph (A) to make the document or exhibits
            consistent with this section.
            (2) Allotment.--The term ``allotment'' means a parcel of land--
                (A) granted out of the public domain that is--
                    (i) located within the exterior boundaries of the
                Reservation; or
                    (ii) Bureau of Indian Affairs parcel number 792 634511
                in San Juan County, Utah, consisting of 160 acres located
                in Township 41S, Range 20E, sections 11, 12, and 14,
                originally set aside by the United States for the benefit
                of an individual identified in the allotting document as a
                Navajo Indian; and
                (B) held in trust by the United States--
                    (i) for the benefit of an individual, individuals, or
                an Indian Tribe other than the Navajo Nation; or
                    (ii) in part for the benefit of the Navajo Nation as of
                the enforceability date.
            (3) Allottee.--The term ``allottee'' means an individual or
        Indian Tribe with a beneficial interest in an allotment held in
        trust by the United States.
            (4) Enforceability date.--The term ``enforceability date''
        means the date on which the Secretary publishes in the Federal
        Register the statement of findings described in subsection (g)(1).
            (5) General stream adjudication.--The term ``general stream
        adjudication'' means the adjudication pending, as of the date of
        enactment of this Act, in the Seventh Judicial District in and for
        Grand County, State of Utah, commonly known as the ``Southeastern
        Colorado River General Adjudication'', Civil No. 810704477,
        conducted pursuant to State law.
            (6) Injury to water rights.--The term ``injury to water
        rights'' means an interference with, diminution of, or deprivation
        of water rights under Federal or State law, excluding injuries to
        water quality.
            (7) Member.--The term ``member'' means any person who is a duly
        enrolled member of the Navajo Nation.
            (8) Navajo nation or nation.--The term ``Navajo Nation'' or
        ``Nation'' means a body politic and federally recognized Indian
        nation, as published on the list established under section 104(a)
        of the Federally Recognized Indian Tribe List Act of 1994 (25
        U.S.C. 5131(a)), also known variously as the ``Navajo Nation'', the
        ``Navajo Nation of Arizona, New Mexico, & Utah'', and the ``Navajo
        Nation of Indians'' and other similar names, and includes all bands
        of Navajo Indians and chapters of the Navajo Nation and all
        divisions, agencies, officers, and agents thereof.
            (9) Navajo water development projects.--The term ``Navajo water
        development projects'' means projects for domestic municipal water
        supply, including distribution infrastructure, and agricultural
        water conservation, to be constructed, in whole or in part, using
        monies from the Navajo Water Development Projects Account.
            (10) Navajo water rights.--The term ``Navajo water rights''
        means the Nation's water rights in Utah described in the agreement
        and this section.
            (11) OM&R.--The term ``OM&R'' means operation, maintenance, and
        replacement.
            (12) Parties.--The term ``parties'' means the Navajo Nation,
        the State, and the United States.
            (13) Reservation.--The term ``Reservation'' means, for purposes
        of the agreement and this section, the Reservation of the Navajo
        Nation in Utah as in existence on the date of enactment of this Act
        and depicted on the map attached to the agreement as Exhibit A,
        including any parcel of land granted out of the public domain and
        held in trust by the United States entirely for the benefit of the
        Navajo Nation as of the enforceability date.
            (14) Secretary.--The term ``Secretary'' means the Secretary of
        the Interior or a duly authorized representative thereof.
            (15) State.--The term ``State'' means the State of Utah and all
        officers, agents, departments, and political subdivisions thereof.
            (16) United states.--The term ``United States'' means the
        United States of America and all departments, agencies, bureaus,
        officers, and agents thereof.
            (17) United states acting in its trust capacity.--The term
        ``United States acting in its trust capacity'' means the United
        States acting for the benefit of the Navajo Nation or for the
        benefit of allottees.
        (c) Ratification of Agreement.--
            (1) Approval by congress.--Except to the extent that any
        provision of the agreement conflicts with this section, Congress
        approves, ratifies, and confirms the agreement (including any
        amendments to the agreement that are executed to make the agreement
        consistent with this section).
            (2) Execution by secretary.--The Secretary is authorized and
        directed to promptly execute the agreement to the extent that the
        agreement does not conflict with this section, including--
                (A) any exhibits to the agreement requiring the signature
            of the Secretary; and
                (B) any amendments to the agreement necessary to make the
            agreement consistent with this section.
            (3) Environmental compliance.--
                (A) In general.--In implementing the agreement and this
            section, the Secretary shall comply with all applicable
            provisions of--
                    (i) the Endangered Species Act of 1973 (16 U.S.C. 1531
                et seq.);
                    (ii) the National Environmental Policy Act of 1969 (42
                U.S.C. 4321 et seq.); and
                    (iii) all other applicable environmental laws and
                regulations.
                (B) Execution of the agreement.--Execution of the agreement
            by the Secretary as provided for in this section shall not
            constitute a major Federal action under the National
            Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).
        (d) Navajo Water Rights.--
            (1) Confirmation of navajo water rights.--
                (A) Quantification.--The Navajo Nation shall have the right
            to use water from water sources located within Utah and
            adjacent to or encompassed within the boundaries of the
            Reservation resulting in depletions not to exceed 81,500 acre-
            feet annually as described in the agreement and as confirmed in
            the decree entered by the general stream adjudication court.
                (B) Satisfaction of allottee rights.--Depletions resulting
            from the use of water on an allotment shall be accounted for as
            a depletion by the Navajo Nation for purposes of depletion
            accounting under the agreement, including recognition of--
                    (i) any water use existing on an allotment as of the
                date of enactment of this Act and as subsequently reflected
                in the hydrographic survey report referenced in subsection
                (f)(2);
                    (ii) reasonable domestic and stock water uses put into
                use on an allotment; and
                    (iii) any allotment water rights that may be decreed in
                the general stream adjudication or other appropriate forum.
                (C) Satisfaction of on-reservation state law-based water
            rights.--Depletions resulting from the use of water on the
            Reservation pursuant to State law-based water rights existing
            as of the date of enactment of this Act shall be accounted for
            as depletions by the Navajo Nation for purposes of depletion
            accounting under the agreement.
                (D) In general.--The Navajo water rights are ratified,
            confirmed, and declared to be valid.
                (E) Use.--Any use of the Navajo water rights shall be
            subject to the terms and conditions of the agreement and this
            section.
                (F) Conflict.--In the event of a conflict between the
            agreement and this section, the provisions of this section
            shall control.
            (2) Trust status of navajo water rights.--The Navajo water
        rights--
                (A) shall be held in trust by the United States for the use
            and benefit of the Nation in accordance with the agreement and
            this section; and
                (B) shall not be subject to forfeiture or abandonment.
            (3) Authority of the nation.--
                (A) In general.--The Nation shall have the authority to
            allocate, distribute, and lease the Navajo water rights for any
            use on the Reservation in accordance with the agreement, this
            section, and applicable Tribal and Federal law.
                (B) Off-reservation use.--The Nation may allocate,
            distribute, and lease the Navajo water rights for off-
            Reservation use in accordance with the agreement, subject to
            the approval of the Secretary.
                (C) Allottee water rights.--The Nation shall not object in
            the general stream adjudication or other applicable forum to
            the quantification of reasonable domestic and stock water uses
            on an allotment, and shall administer any water use on the
            Reservation in accordance with applicable Federal law,
            including recognition of--
                    (i) any water use existing on an allotment as of the
                date of enactment of this Act and as subsequently reflected
                in the hydrographic survey report referenced in subsection
                (f)(2);
                    (ii) reasonable domestic and stock water uses on an
                allotment; and
                    (iii) any allotment water rights decreed in the general
                stream adjudication or other appropriate forum.
            (4) Effect.--Except as otherwise expressly provided in this
        subsection, nothing in this section--
                (A) authorizes any action by the Nation against the United
            States under Federal, State, Tribal, or local law; or
                (B) alters or affects the status of any action brought
            pursuant to section 1491(a) of title 28, United States Code.
        (e) Navajo Trust Accounts.--
            (1) Establishment.--The Secretary shall establish a trust fund,
        to be known as the ``Navajo Utah Settlement Trust Fund'' (referred
        to in this section as the ``Trust Fund''), to be managed, invested,
        and distributed by the Secretary and to remain available until
        expended, consisting of the amounts deposited in the Trust Fund
        under paragraph (3), together with any interest earned on those
        amounts, for the purpose of carrying out this section.
            (2) Accounts.--The Secretary shall establish in the Trust Fund
        the following Accounts (referred to in this subsection as the
        ``Trust Fund Accounts''):
                (A) The Navajo Water Development Projects Account.
                (B) The Navajo OM&R Account.
            (3) Deposits.--The Secretary shall deposit in the Trust Fund
        Accounts--
                (A) in the Navajo Water Development Projects Account, the
            amounts made available pursuant to subsection (f)(1)(A); and
                (B) in the Navajo OM&R Account, the amount made available
            pursuant to subsection (f)(1)(B).
            (4) Management and interest.--
                (A) Management.--Upon receipt and deposit of the funds into
            the Trust Fund Accounts, the Secretary shall manage, invest,
            and distribute all amounts in the Trust Fund in a manner that
            is consistent with the investment authority of the Secretary
            under--
                    (i) the first section of the Act of June 24, 1938 (25
                U.S.C. 162a);
                    (ii) the American Indian Trust Fund Management Reform
                Act of 1994 (25 U.S.C. 4001 et seq.); and
                    (iii) this subsection.
                (B) Investment earnings.--In addition to the deposits under
            paragraph (3), any investment earnings, including interest,
            credited to amounts held in the Trust Fund are authorized to be
            appropriated to be used in accordance with the uses described
            in paragraph (8).
            (5) Availability of amounts.--Amounts appropriated to, and
        deposited in, the Trust Fund, including any investment earnings,
        shall be made available to the Nation by the Secretary beginning on
        the enforceability date and subject to the uses and restrictions
        set forth in this subsection.
            (6) Withdrawals.--
                (A) Withdrawals under the american indian trust fund
            management reform act of 1994.--The Nation may withdraw any
            portion of the funds in the Trust Fund on approval by the
            Secretary of a tribal management plan submitted by the Nation
            in accordance with the American Indian Trust Fund Management
            Reform Act of 1994 (25 U.S.C. 4001 et seq.).
                    (i) Requirements.--In addition to the requirements
                under the American Indian Trust Fund Management Reform Act
                of 1994 (25 U.S.C. 4001 et seq.), the tribal management
                plan under this subparagraph shall require that the Nation
                shall spend all amounts withdrawn from the Trust Fund and
                any investment earnings accrued through the investments
                under the Tribal management plan in accordance with this
                section.
                    (ii) Enforcement.--The Secretary may carry out such
                judicial and administrative actions as the Secretary
                determines to be necessary to enforce the Tribal management
                plan to ensure that amounts withdrawn by the Nation from
                the Trust Fund under this subparagraph are used in
                accordance with this section.
                (B) Withdrawals under expenditure plan.--The Nation may
            submit to the Secretary a request to withdraw funds from the
            Trust Fund pursuant to an approved expenditure plan.
                    (i) Requirements.--To be eligible to withdraw funds
                under an expenditure plan under this subparagraph, the
                Nation shall submit to the Secretary for approval an
                expenditure plan for any portion of the Trust Fund that the
                Nation elects to withdraw pursuant to this subparagraph,
                subject to the condition that the funds shall be used for
                the purposes described in this section.
                    (ii) Inclusions.--An expenditure plan under this
                subparagraph shall include a description of the manner and
                purpose for which the amounts proposed to be withdrawn from
                the Trust Fund will be used by the Nation, in accordance
                with paragraphs (3) and (8).
                    (iii) Approval.--On receipt of an expenditure plan
                under this subparagraph, the Secretary shall approve the
                plan, if the Secretary determines that the plan--

                        (I) is reasonable;
                        (II) is consistent with, and will be used for, the
                    purposes of this section; and
                        (III) contains a schedule which describes that
                    tasks will be completed within 18 months of receipt of
                    withdrawn amounts.

                    (iv) Enforcement.--The Secretary may carry out such
                judicial and administrative actions as the Secretary
                determines to be necessary to enforce an expenditure plan
                to ensure that amounts disbursed under this subparagraph
                are used in accordance with this section.
            (7) Effect of title.--Nothing in this section gives the Nation
        the right to judicial review of a determination of the Secretary
        regarding whether to approve a Tribal management plan or an
        expenditure plan except under subchapter II of chapter 5, and
        chapter 7, of title 5, United States Code (commonly known as the
        ``Administrative Procedure Act'').
            (8) Uses.--Amounts from the Trust Fund shall be used by the
        Nation for the following purposes:
                (A) The Navajo Water Development Projects Account shall be
            used to plan, design, and construct the Navajo water
            development projects and for the conduct of related activities,
            including to comply with Federal environmental laws.
                (B) The Navajo OM&R Account shall be used for the
            operation, maintenance, and replacement of the Navajo water
            development projects.
            (9) Liability.--The Secretary and the Secretary of the Treasury
        shall not be liable for the expenditure or investment of any
        amounts withdrawn from the Trust Fund by the Nation under paragraph
        (6).
            (10) No per capita distributions.--No portion of the Trust Fund
        shall be distributed on a per capita basis to any member of the
        Nation.
            (11) Expenditure reports.--The Navajo Nation shall submit to
        the Secretary annually an expenditure report describing
        accomplishments and amounts spent from use of withdrawals under a
        Tribal management plan or an expenditure plan as described in this
        section.
        (f) Authorization of Appropriations.--
            (1) Authorization.--There are authorized to be appropriated to
        the Secretary--
                (A) for deposit in the Navajo Water Development Projects
            Account of the Trust Fund established under subsection
            (e)(2)(A), $198,300,000, which funds shall be retained until
            expended, withdrawn, or reverted to the general fund of the
            Treasury; and
                (B) for deposit in the Navajo OM&R Account of the Trust
            Fund established under subsection (e)(2)(B), $11,100,000, which
            funds shall be retained until expended, withdrawn, or reverted
            to the general fund of the Treasury.
            (2) Implementation costs.--There is authorized to be
        appropriated non-trust funds in the amount of $1,000,000 to assist
        the United States with costs associated with the implementation of
        this section, including the preparation of a hydrographic survey of
        historic and existing water uses on the Reservation and on
        allotments.
            (3) State cost share.--The State shall contribute $8,000,000
        payable to the Secretary for deposit into the Navajo Water
        Development Projects Account of the Trust Fund established under
        subsection (e)(2)(A) in installments in each of the 3 years
        following the execution of the agreement by the Secretary as
        provided for in subsection (c)(2).
            (4) Fluctuation in costs.--The amount authorized to be
        appropriated under paragraph (1) shall be increased or decreased,
        as appropriate, by such amounts as may be justified by reason of
        ordinary fluctuations in costs occurring after the date of
        enactment of this Act as indicated by the Bureau of Reclamation
        Construction Cost Index--Composite Trend.
                (A) Repetition.--The adjustment process under this
            paragraph shall be repeated for each subsequent amount
            appropriated until the amount authorized, as adjusted, has been
            appropriated.
                (B) Period of indexing.--The period of indexing adjustment
            for any increment of funding shall end on the date on which
            funds are deposited into the Trust Fund.
        (g) Conditions Precedent.--
            (1) In general.--The waivers and releases contained in
        subsection (h) shall become effective as of the date the Secretary
        causes to be published in the Federal Register a statement of
        findings that--
                (A) to the extent that the agreement conflicts with this
            section, the agreement has been revised to conform with this
            section;
                (B) the agreement, so revised, including waivers and
            releases of claims set forth in subsection (h), has been
            executed by the parties, including the United States;
                (C) Congress has fully appropriated, or the Secretary has
            provided from other authorized sources, all funds authorized
            under subsection (f)(1);
                (D) the State has enacted any necessary legislation and
            provided the funding required under the agreement and
            subsection (f)(3); and
                (E) the court has entered a final or interlocutory decree
            that--
                    (i) confirms the Navajo water rights consistent with
                the agreement and this section; and
                    (ii) with respect to the Navajo water rights, is final
                and nonappealable.
            (2) Expiration date.--If all the conditions precedent described
        in paragraph (1) have not been fulfilled to allow the Secretary's
        statement of findings to be published in the Federal Register by
        October 31, 2030--
                (A) the agreement and this section, including waivers and
            releases of claims described in those documents, shall no
            longer be effective;
                (B) any funds that have been appropriated pursuant to
            subsection (f) but not expended, including any investment
            earnings on funds that have been appropriated pursuant to such
            subsection, shall immediately revert to the general fund of the
            Treasury; and
                (C) any funds contributed by the State pursuant to
            subsection (f)(3) but not expended shall be returned
            immediately to the State.
            (3) Extension.--The expiration date set forth in paragraph (2)
        may be extended if the Navajo Nation, the State, and the United
        States (acting through the Secretary) agree that an extension is
        reasonably necessary.
        (h) Waivers and Releases.--
            (1) In general.--
                (A) Waiver and release of claims by the nation and the
            united states acting in its capacity as trustee for the
            nation.--Subject to the retention of rights set forth in
            paragraph (3), in return for confirmation of the Navajo water
            rights and other benefits set forth in the agreement and this
            section, the Nation, on behalf of itself and the members of the
            Nation (other than members in their capacity as allottees), and
            the United States, acting as trustee for the Nation and members
            of the Nation (other than members in their capacity as
            allottees), are authorized and directed to execute a waiver and
            release of--
                    (i) all claims for water rights within Utah based on
                any and all legal theories that the Navajo Nation or the
                United States acting in its trust capacity for the Nation,
                asserted, or could have asserted, at any time in any
                proceeding, including to the general stream adjudication,
                up to and including the enforceability date, except to the
                extent that such rights are recognized in the agreement and
                this section; and
                    (ii) all claims for damages, losses, or injuries to
                water rights or claims of interference with, diversion, or
                taking of water rights (including claims for injury to
                lands resulting from such damages, losses, injuries,
                interference with, diversion, or taking of water rights)
                within Utah against the State, or any person, entity,
                corporation, or municipality, that accrued at any time up
                to and including the enforceability date.
            (2) Claims by the navajo nation against the united states.--The
        Navajo Nation, on behalf of itself (including in its capacity as
        allottee) and its members (other than members in their capacity as
        allottees), shall execute a waiver and release of--
                (A) all claims the Navajo Nation may have against the
            United States relating in any manner to claims for water rights
            in, or water of, Utah that the United States acting in its
            trust capacity for the Nation asserted, or could have asserted,
            in any proceeding, including the general stream adjudication;
                (B) all claims the Navajo Nation may have against the
            United States relating in any manner to damages, losses, or
            injuries to water, water rights, land, or other resources due
            to loss of water or water rights (including damages, losses, or
            injuries to hunting, fishing, gathering, or cultural rights due
            to loss of water or water rights; claims relating to
            interference with, diversion, or taking of water; or claims
            relating to failure to protect, acquire, replace, or develop
            water or water rights) within Utah that first accrued at any
            time up to and including the enforceability date;
                (C) all claims the Nation may have against the United
            States relating in any manner to the litigation of claims
            relating to the Nation's water rights in proceedings in Utah;
            and
                (D) all claims the Nation may have against the United
            States relating in any manner to the negotiation, execution, or
            adoption of the agreement or this section.
            (3) Reservation of rights and retention of claims by the navajo
        nation and the united states.--Notwithstanding the waivers and
        releases authorized in this section, the Navajo Nation, and the
        United States acting in its trust capacity for the Nation, retain--
                (A) all claims for injuries to and the enforcement of the
            agreement and the final or interlocutory decree entered in the
            general stream adjudication, through such legal and equitable
            remedies as may be available in the decree court or the Federal
            District Court for the District of Utah;
                (B) all rights to use and protect water rights acquired
            after the enforceability date;
                (C) all claims relating to activities affecting the quality
            of water, including any claims under the Comprehensive
            Environmental Response, Compensation, and Liability Act of 1980
            (42 U.S.C. 9601 et seq.) (including claims for damages to
            natural resources), the Safe Drinking Water Act (42 U.S.C. 300f
            et seq.), and the Federal Water Pollution Control Act (33
            U.S.C. 1251 et seq.), the regulations implementing those Acts,
            and the common law;
                (D) all claims for water rights, and claims for injury to
            water rights, in States other than the State of Utah;
                (E) all claims, including environmental claims, under any
            laws (including regulations and common law) relating to human
            health, safety, or the environment; and
                (F) all rights, remedies, privileges, immunities, and
            powers not specifically waived and released pursuant to the
            agreement and this section.
            (4) Effect.--Nothing in the agreement or this section--
                (A) affects the ability of the United States acting in its
            sovereign capacity to take actions authorized by law, including
            any laws relating to health, safety, or the environment,
            including the Comprehensive Environmental Response,
            Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et
            seq.), the Safe Drinking Water Act (42 U.S.C. 300f et seq.),
            the Federal Water Pollution Control Act (33 U.S.C. 1251 et
            seq.), the Solid Waste Disposal Act (42 U.S.C. 6901 et seq.),
            and the regulations implementing those laws;
                (B) affects the ability of the United States to take
            actions in its capacity as trustee for any other Indian Tribe
            or allottee;
                (C) confers jurisdiction on any State court to--
                    (i) interpret Federal law regarding health, safety, or
                the environment or determine the duties of the United
                States or other parties pursuant to such Federal law; and
                    (ii) conduct judicial review of Federal agency action;
                or
                (D) modifies, conflicts with, preempts, or otherwise
            affects--
                    (i) the Boulder Canyon Project Act (43 U.S.C. 617 et
                seq.);
                    (ii) the Boulder Canyon Project Adjustment Act (43
                U.S.C. 618 et seq.);
                    (iii) the Act of April 11, 1956 (commonly known as the
                ``Colorado River Storage Project Act'') (43 U.S.C. 620 et
                seq.);
                    (iv) the Colorado River Basin Project Act (43 U.S.C.
                1501 et seq.);
                    (v) the Treaty between the United States of America and
                Mexico respecting utilization of waters of the Colorado and
                Tijuana Rivers and of the Rio Grande, signed at Washington
                February 3, 1944 (59 Stat. 1219);
                    (vi) the Colorado River Compact of 1922, as approved by
                the Presidential Proclamation of June 25, 1929 (46 Stat.
                3000); and
                    (vii) the Upper Colorado River Basin Compact as
                consented to by the Act of April 6, 1949 (63 Stat. 31,
                chapter 48).
            (5) Tolling of claims.--
                (A) In general.--Each applicable period of limitation and
            time-based equitable defense relating to a claim waived by the
            Navajo Nation described in this subsection shall be tolled for
            the period beginning on the date of enactment of this Act and
            ending on the enforceability date.
                (B) Effect of paragraph.--Nothing in this paragraph revives
            any claim or tolls any period of limitation or time-based
            equitable defense that expired before the date of enactment of
            this Act.
                (C) Limitation.--Nothing in this subsection precludes the
            tolling of any period of limitations or any time-based
            equitable defense under any other applicable law.
        (i) Miscellaneous Provisions.--
            (1) Precedent.--Nothing in this section establishes any
        standard for the quantification or litigation of Federal reserved
        water rights or any other Indian water claims of any other Indian
        Tribe in any other judicial or administrative proceeding.
            (2) Other indian tribes.--Nothing in the agreement or this
        section shall be construed in any way to quantify or otherwise
        adversely affect the water rights, claims, or entitlements to water
        of any Indian Tribe, band, or community, other than the Navajo
        Nation.
        (j) Relation to Allottees.--
            (1) No effect on claims of allottees.--Nothing in this section
        or the agreement shall affect the rights or claims of allottees, or
        the United States, acting in its capacity as trustee for or on
        behalf of allottees, for water rights or damages related to lands
        allotted by the United States to allottees, except as provided in
        subsection (d)(1)(B).
            (2) Relationship of decree to allottees.--Allottees, or the
        United States, acting in its capacity as trustee for allottees, are
        not bound by any decree entered in the general stream adjudication
        confirming the Navajo water rights and shall not be precluded from
        making claims to water rights in the general stream adjudication.
        Allottees, or the United States, acting in its capacity as trustee
        for allottees, may make claims and such claims may be adjudicated
        as individual water rights in the general stream adjudication.
        (k) Antideficiency.--The United States shall not be liable for any
    failure to carry out any obligation or activity authorized by this
    section (including any obligation or activity under the agreement) if
    adequate appropriations are not provided expressly by Congress to carry
    out the purposes of this section.
    SEC. 1103. AAMODT LITIGATION SETTLEMENT COMPLETION.
        (a) Definition of 611(g) Agreement.--Section 602 of the Aamodt
    Litigation Settlement Act (Public Law 111-291; 124 Stat. 3134) is
    amended--
            (1) by redesignating paragraphs (1) through (23) as paragraphs
        (2) through (24), respectively; and
            (2) by inserting before paragraph (2) (as so redesignated) the
        following:
            ``(1) 611(g) agreement.--The term `611(g) Agreement' means the
        agreement dated September 17, 2019, executed by the United States,
        the State, the Pueblos, the County, and the City pursuant to
        section 611(g).''.
        (b) Final Project Design.--Section 611(b) of the Aamodt Litigation
    Settlement Act (Public Law 111-291; 124 Stat. 3137) is amended, in the
    matter preceding paragraph (1), by striking ``within 90 days of'' and
    inserting ``as soon as feasible after''.
        (c) Construction Costs for Pueblo Water Facilities.--Section 611(f)
    of the Aamodt Litigation Settlement Act (Public Law 111-291; 124 Stat.
    3138) is amended--
            (1) in paragraph (1)--
                (A) in subparagraph (A), by striking `` $106,400,000'' and
            inserting `` $243,400,000''; and
                (B) by striking subparagraph (B) and inserting the
            following:
                ``(B) Exception.--Of the amount described in subparagraph
            (A)--
                    ``(i) the initial $106,400,000 shall be increased or
                decreased, as appropriate, based on ordinary fluctuations
                in construction costs since October 1, 2006, as determined
                using applicable engineering cost indices; and
                    ``(ii) any amounts made available in excess of the
                amount described in clause (i) shall be increased or
                decreased, as appropriate, based on ordinary fluctuations
                in construction costs since October 1, 2018, as determined
                using applicable engineering cost indices.''; and
            (2) in paragraph (3), by inserting ``and the 611(g) Agreement''
        after ``the Cost-Sharing and System Integration Agreement''.
        (d) Funding for Regional Water System.--Section 617(a)(1)(B) of the
    Aamodt Litigation Settlement Act (Public Law 111-291; 124 Stat. 3147)
    is amended--
            (1) by striking the period at the end and inserting ``; and'';
            (2) by striking ``section 616 $50,000,000'' and inserting the
        following: ``section 616--
                    ``(i) $50,000,000''; and
            (3) by adding at the end the following:
                    ``(ii) subject to the availability of appropriations
                and in addition to the amounts made available under clause
                (i), $137,000,000, as adjusted under paragraph (4), for the
                period of fiscal years 2021 through 2028.''.
        (e) Adjustment.--Section 617(a)(4) of the Aamodt Litigation
    Settlement Act (Public Law 111-291; 124 Stat. 3147) is amended by
    striking ``since October 1, 2006, as determined using applicable
    engineering cost indices'' and inserting ``pursuant to section
    611(f)(1)(B)''.
        (f) Execution of Agreement Under Section 611(g).--Section 621 of
    the Aamodt Litigation Settlement Act (Public Law 111-291; 124 Stat.
    3149) is amended by striking subsections (a) and (b) and inserting the
    following:
        ``(a) Approval.--To the extent the Settlement Agreement, the Cost-
    Sharing and System Integration Agreement, and the 611(g) Agreement do
    not conflict with this title, the Settlement Agreement, the Cost-
    Sharing and System Integration Agreement, and the 611(g) Agreement
    (including any amendments to the Settlement Agreement, the Cost-Sharing
    and System Integration Agreement, and the 611(g) Agreement that are
    executed to make the Settlement Agreement, the Cost-Sharing and System
    Integration Agreement, or the 611(g) Agreement consistent with this
    title) are authorized, ratified, and confirmed.
        ``(b) Execution.--To the extent the Settlement Agreement, the Cost-
    Sharing and System Integration Agreement, and the 611(g) Agreement do
    not conflict with this title, the Secretary shall execute the
    Settlement Agreement, the Cost-Sharing and System Integration
    Agreement, and the 611(g) Agreement (including any amendments that are
    necessary to make the Settlement Agreement, the Cost-Sharing and System
    Integration Agreement, or the 611(g) Agreement consistent with this
    title).''.
        (g) Requirements for Determination of Substantial Completion of the
    Regional Water System.--Section 623(e) of the Aamodt Litigation
    Settlement Act (Public Law 111-291; 124 Stat. 3151) is amended--
            (1) by striking paragraph (1) and inserting the following:
            ``(1) Criteria for substantial completion of regional water
        system.--Subject to the provisions of section 611(d) concerning the
        extent, size, and capacity of the County Distribution System, the
        Regional Water System shall be determined to be substantially
        completed if--
                ``(A) the infrastructure has been constructed capable of--
                    ``(i) diverting, treating, transmitting, and
                distributing a supply of 2,500 acre-feet of water to the
                Pueblos consistent with the Engineering Report (as amended
                by the 611(g) Agreement and the Operating Agreement); and
                    ``(ii) diverting, treating, and transmitting the
                quantity of water specified in the Engineering Report to
                the County Distribution System and consistent with the
                Engineering Report (as amended by the 611(g) Agreement and
                the Operating Agreement); or
                ``(B) the Secretary--
                    ``(i) issues a notice to proceed authorizing the
                commencement of Phase I construction of the Regional Water
                System by December 31, 2019, and subsequently commences
                construction of the Regional Water System;
                    ``(ii) diligently proceeds to construct the Regional
                Water System in accordance with the Engineering Report (as
                amended by the 611(g) Agreement), on a schedule for
                completion by June 30, 2028;
                    ``(iii) expends all of the available funding provided
                to construct the Regional Water System under section
                611(f)(1)(A), in the Cost-Sharing and System Integration
                Agreement, and in the 611(g) Agreement;
                    ``(iv) complies with the terms of the 611(g) Agreement;
                and
                    ``(v) despite diligent efforts cannot complete
                construction of the Regional Water System as described in
                the final Engineering Report (as amended by the 611(g)
                Agreement), due solely to the lack of additional authorized
                funding.'';
            (2) in paragraph (2)--
                (A) by striking ``2021'' and inserting ``2025''; and
                (B) by striking ``2024'' and inserting ``2028'';
            (3) in paragraph (3), in the matter preceding subparagraph (A),
        by striking ``2021'' and inserting ``2025'';
            (4) in paragraph (4)(B)(ii)(II), by striking ``2023'' and
        inserting ``2027''; and
            (5) in paragraph (5)(A), by striking ``2024'' and inserting
        ``2028''.
    SEC. 1104. KICKAPOO TRIBE.
        (a) Definition of Upper Delaware and Tributaries Watershed Plan.--
    In this section, the term ``Upper Delaware and Tributaries Watershed
    Plan'' means the plan described in the document entitled ``Watershed
    Plan and Environmental Impact Statement Upper Delaware and Tributaries
    Watershed Atchison, Brown, Jackson, and Nemaha Counties, Kansas'',
    dated January 1994, and supplemented in June 1994--
            (1) developed, pursuant to the Watershed Protection and Flood
        Prevention Act (16 U.S.C. 1001 et seq.)--
                (A) by the Kickapoo Tribe, certain watershed and
            conservation districts in the State of Kansas, and the
            Department of Wildlife and Parks of the State of Kansas; and
                (B) with the cooperation and technical assistance of the
            Natural Resources Conservation Service; and
            (2) described in the report of the Committee on Environment and
        Public Works of the Senate (Senate Report 105-13; April 22, 1997).
        (b) Study; Recommendations.--To support the purposes of achieving a
    fair, equitable, and final settlement of claims to water rights for the
    Kickapoo Tribe in the State of Kansas, the Secretary of Agriculture
    (acting through the Chief of the Natural Resources Conservation
    Service), in consultation with the Secretary of the Interior (acting
    through the Director of the Secretary's Indian Water Rights Office),
    shall--
            (1) commence a study of the multipurpose dam described in the
        Upper Delaware and Tributaries Watershed Plan; and
            (2) not later than 2 years after the date of enactment of this
        Act, make recommendations to Congress with respect to the material
        alterations or changes to the Upper Delaware and Tributaries
        Watershed Plan that are necessary to effectuate, in part, the
        Tribal water rights agreed to by the Kickapoo Tribe and the State
        of Kansas on September 9, 2016, in the Kickapoo Tribe Water Rights
        Settlement Agreement, which otherwise remains subject to approval
        and authorization by Congress.
    SEC. 1105. AQUIFER RECHARGE FLEXIBILITY.
        (a) Short Title.--This section may be cited as the ``Aquifer
    Recharge Flexibility Act''.
        (b) Definitions.--In this Act:
            (1) Bureau.--The term ``Bureau'' means the Bureau of
        Reclamation.
            (2) Commissioner.--The term ``Commissioner'' means the
        Commissioner of Reclamation.
            (3) Eligible land.--The term ``eligible land'', with respect to
        a Reclamation project, means land that--
                (A) is authorized to receive water under State law; and
                (B) shares an aquifer with land located in the service area
            of the Reclamation project.
            (4) Net water storage benefit.--The term ``net water storage
        benefit'' means an increase in the volume of water that is--
                (A) stored in 1 or more aquifers; and
                (B)(i) available for use within the authorized service area
            of a Reclamation project; or
                (ii) stored on a long-term basis to avoid or reduce
            groundwater overdraft.
            (5) Reclamation facility.--The term ``Reclamation facility''
        means each of the infrastructure assets that are owned by the
        Bureau at a Reclamation project.
            (6) Reclamation project.--The term ``Reclamation project''
        means any reclamation or irrigation project, including incidental
        features thereof, authorized by Federal reclamation law or the Act
        of August 11, 1939 (commonly known as the ``Water Conservation and
        Utilization Act'') (53 Stat. 1418, chapter 717; 16 U.S.C. 590y et
        seq.), or constructed by the United States pursuant to such law, or
        in connection with which there is a repayment or water service
        contract executed by the United States pursuant to such law, or any
        project constructed by the Secretary through the Bureau for the
        reclamation of land.
        (c) Flexibility to Allow Greater Aquifer Recharge in Western
    States.--
            (1) Use of reclamation facilities.--
                (A) In general.--The Commissioner may allow the use of
            excess capacity in Reclamation facilities for aquifer recharge
            of non-Reclamation project water, subject to applicable rates,
            charges, and public participation requirements, on the
            condition that--
                    (i) the use--

                        (I) shall not be implemented in a manner that is
                    detrimental to--

                            (aa) any power service or water contract for
                        the Reclamation project; or
                            (bb) any obligations for fish, wildlife, or
                        water quality protection applicable to the
                        Reclamation project;

                        (II) shall be consistent with water quality
                    guidelines for the Reclamation project;
                        (III) shall comply with all applicable--

                            (aa) Federal laws; and
                            (bb) policies of the Bureau; and

                        (IV) shall comply with all applicable State laws
                    and policies; and

                    (ii) the non-Federal party to an existing contract for
                water or water capacity in a Reclamation facility consents
                to the use of the Reclamation facility under this
                subsection.
                (B) Effect on existing contracts.--Nothing in this
            subsection affects a contract--
                    (i) in effect on the date of enactment of this Act; and
                    (ii) under which the use of excess capacity in a Bureau
                conveyance facility for carriage of non-Reclamation project
                water for aquifer recharge is allowed.
            (2) Aquifer recharge on eligible land.--
                (A) In general.--Subject to subparagraphs (C) and (D), the
            Secretary may contract with a holder of a water service or
            repayment contract for a Reclamation project to allow the
            contractor, in accordance with applicable State laws and
            policies--
                    (i) to directly use water available under the contract
                for aquifer recharge on eligible land; or
                    (ii) to enter into an agreement with an individual or
                entity to transfer water available under the contract for
                aquifer recharge on eligible land.
                (B) Authorized project use.--The use of a Reclamation
            facility for aquifer recharge under subparagraph (A) shall be
            considered an authorized use for the Reclamation project if
            requested by a holder of a water service or repayment contract
            for the Reclamation facility.
                (C) Modifications to contracts.--The Secretary may contract
            with a holder of a water service or repayment contract for a
            Reclamation project under subparagraph (A) if the Secretary
            determines that a new contract or contract amendment described
            in that subparagraph is--
                    (i) necessary to allow for the use of water available
                under the contract for aquifer recharge under this
                subsection;
                    (ii) in the best interest of the Reclamation project
                and the United States; and
                    (iii) approved by the contractor that is responsible
                for repaying the cost of construction, operations, and
                maintenance of the facility that delivers the water under
                the contract.
                (D) Requirements.--The use of Reclamation facilities for
            the use or transfer of water for aquifer recharge under this
            subsection shall be subject to the requirements that--
                    (i) the use or transfer shall not be implemented in a
                manner that materially impacts any power service or water
                contract for the Reclamation project; and
                    (ii) before the use or transfer, the Secretary shall
                determine that the use or transfer--

                        (I) results in a net water storage benefit for the
                    Reclamation project; or
                        (II) contributes to the recharge of an aquifer on
                    eligible land; and

                    (iii) the use or transfer complies with all
                applicable--

                        (I) Federal laws and policies; and
                        (II) interstate water compacts.

            (3) Conveyance for aquifer recharge purposes.--The holder of a
        right-of-way, easement, permit, or other authorization to transport
        water across public land administered by the Bureau of Land
        Management may transport water for aquifer recharge purposes
        without requiring additional authorization from the Secretary where
        the use does not expand or modify the operation of the right-of-
        way, easement, permit, or other authorization across public land.
            (4) Effect.--Nothing in this Act creates, impairs, alters, or
        supersedes a Federal or State water right.
            (5) Exemption.--This Act shall not apply to the State of
        California.
            (6) Advisory group.--The Secretary may participate in any
        State-led collaborative, multi-stakeholder advisory group created
        in any watershed the purpose of which is to monitor, review, and
        assess aquifer recharge activities.
    SEC. 1106. WATERSMART EXTENSION AND EXPANSION.
        (a) Definition of Eligible Applicant.--Section 9502 of the Omnibus
    Public Land Management Act of 2009 (42 U.S.C. 10362) is amended--
            (1) in the matter preceding paragraph (1), by striking
        ``section'' and inserting ``subtitle'';
            (2) by striking paragraph (7) and inserting the following:
            ``(7) Eligible applicant.--The term `eligible applicant'
        means--
                ``(A) any State, Indian tribe, irrigation district, or
            water district;
                ``(B) any State, regional, or local authority, the members
            of which include 1 or more organizations with water or power
            delivery authority;
                ``(C) any other organization with water or power delivery
            authority; and
                ``(D) any nonprofit conservation organization, if--
                    ``(i) the nonprofit conservation organization is acting
                in partnership with and with the agreement of an entity
                described in subparagraph (A), (B), or (C); or
                    ``(ii) in the case of an application for a project to
                improve the condition of a natural feature or nature-based
                feature on Federal land, the entities described in
                subparagraph (A), (B), or (C) from the applicable service
                area have been notified of the project application and
                there is no written objection to the project.'';
            (3) in paragraph (10), by striking ``450b'' and inserting
        ``5304'';
            (4) by redesignating paragraphs (13) through (17) as paragraphs
        (15) through (19), respectively; and
            (5) by inserting after paragraph (12) the following:
            ``(13) Natural feature.--The term `natural feature' means a
        feature that is created through the action of physical, geological,
        biological, and chemical processes over time.
            ``(14) Nature-based feature.--The term `nature-based feature'
        means a feature that is created by human design, engineering, and
        construction to provide a means to reduce water supply and demand
        imbalances or drought or flood risk by acting in concert with
        natural processes.''.
        (b) Grants and Cooperative Agreements.--Section 9504(a) of the
    Omnibus Public Land Management Act of 2009 (42 U.S.C. 10364(a)) is
    amended--
            (1) in paragraph (1)--
                (A) in the matter preceding subparagraph (A), by inserting
            ``or carrying out any activity'' after ``any improvement'';
                (B) by redesignating subparagraphs (F), (G), and (H) as
            subparagraphs (G), (H), and (J), respectively;
                (C) by inserting after subparagraph (E) the following:
                ``(F) to assist States and water users in complying with
            interstate compacts or reducing basin water supply-demand
            imbalances;'';
                (D) in subparagraph (G) (as so redesignated), by striking
            ``to prevent'' and inserting ``to achieve the prevention of'';
                (E) in subparagraph (H) (as so redesignated)--
                    (i) by striking ``to accelerate'' and inserting ``to
                achieve the acceleration of''; and
                    (ii) by striking ``or'' at the end;
                (F) by inserting after subparagraph (H) (as so
            redesignated) the following:
                ``(I) to improve the condition of a natural feature; or'';
            and
                (G) in subparagraph (J) (as so redesignated)--
                    (i) in clause (i), by striking ``or'' at the end;
                    (ii) in clause (ii), by striking the period at the end
                and inserting ``; or''; and
                    (iii) by adding at the end the following:
                    ``(iii) to plan for or address the impacts of
                drought.'';
            (2) in paragraph (2)--
                (A) in subparagraph (A)--
                    (i) in clause (ii), by striking ``or'';
                    (ii) in clause (iii), by striking ``and'' and inserting
                ``or''; and
                    (iii) by adding at the end the following:
                    ``(iv) the Commonwealth of Puerto Rico; and''; and
                (B) by striking subparagraph (B) and inserting the
            following:
                ``(B) submit to the Secretary an application that
            includes--
                    ``(i) a proposal of the improvement or activity to be
                planned, designed, constructed, or implemented by the
                eligible applicant; and
                    ``(ii) for a project that is intended to have a
                quantifiable water savings and would receive a grant of
                $500,000 or more--

                        ``(I) a proposal for a monitoring plan of at least
                    5 years that would demonstrate ways in which the
                    proposed improvement or activity would result in
                    improved streamflows or aquatic habitat; or
                        ``(II) for a project that does not anticipate
                    improved streamflows or aquatic habitat, an analysis of
                    ways in which the proposed improvement or activity
                    would contribute to 1 or more of the other objectives
                    described in paragraph (1).'';

            (3) in paragraph (3)(E), by striking clause (i) and inserting
        the following:
                    ``(i) Federal share.--

                        ``(I) In general.--Except as provided in subclause
                    (II), the Federal share of the cost of any
                    infrastructure improvement or activity that is the
                    subject of a grant or other agreement entered into
                    between the Secretary and an eligible applicant under
                    paragraph (1) shall not exceed 50 percent of the cost
                    of the infrastructure improvement or activity.
                        ``(II) Increased federal share for certain
                    infrastructure improvements and activities.--The
                    Federal share of the cost of an infrastructure
                    improvement or activity shall not exceed 75 percent of
                    the cost of the infrastructure improvement or activity,
                    if--

                            ``(aa) the infrastructure improvement or
                        activity was developed as part of a collaborative
                        process by--
                                ``(AA) a watershed group (as defined in
                            section 6001); or
                                ``(BB) a water user and 1 or more
                            stakeholders with diverse interests; and
                            ``(bb) the majority of the benefits of the
                        infrastructure improvement or activity, as
                        determined by the Secretary, are for the purpose of
                        advancing 1 or more components of an established
                        strategy or plan to increase the reliability of
                        water supply for consumptive and nonconsumptive
                        ecological values.''; and
            (4) by adding at the end the following:
            ``(4) Priority.--In providing grants to, and entering into
        agreements for, projects intended to have a quantifiable water
        savings under this subsection, the Secretary shall give priority to
        projects that enhance drought resilience by benefitting the water
        supply and ecosystem.''.
        (c) Research Agreements.--Section 9504(b)(1) of the Omnibus Public
    Land Management Act of 2009 (42 U.S.C. 10364(b)(1)) is amended--
            (1) in the matter preceding subparagraph (A), by striking ``or
        organization with water or power delivery authority'' and inserting
        ``or eligible applicant'';
            (2) in subparagraph (B), by striking ``or'' at the end;
            (3) by redesignating subparagraph (C) as subparagraph (D); and
            (4) by inserting after subparagraph (B) the following:
                ``(C) to restore a natural feature or use a nature-based
            feature to reduce water supply and demand imbalances or the
            risk of drought or flood; or''.
        (d) Authorization of Appropriations.--Section 9504(e) of the
    Omnibus Public Land Management Act of 2009 (42 U.S.C. 10364(e)) is
    amended by striking `` $530,000,000'' and inserting `` $700,000,000,
    subject to the condition that $50,000,000 of that amount shall be used
    to carry out section 206 of the Energy and Water Development and
    Related Agencies Appropriations Act, 2015 (43 U.S.C. 620 note; Public
    Law 113-235)''.
        (e) Conforming Amendment.--Section 4009(d) of Public Law 114-322
    (42 U.S.C. 10364 note) is amended by striking ``on the condition that
    of that amount, $50,000,000 of it is used to carry out section 206 of
    the Energy and Water Development and Related Agencies Appropriations
    Act, 2015 (43 U.S.C. 620 note; Public Law 113-235)''.
    SEC. 1107. COOPERATIVE WATERSHED MANAGEMENT PROGRAM.
        (a) Definitions.--Section 6001 of the Omnibus Public Land
    Management Act of 2009 (16 U.S.C. 1015) is amended--
            (1) by redesignating paragraphs (2) through (6) as paragraphs
        (3) through (7), respectively;
            (2) by inserting after paragraph (1) the following:
            ``(2) Disadvantaged community.--The term `disadvantaged
        community' means a community (including a city, town, county, or
        reasonably isolated and divisible segment of a larger municipality)
        with an annual median household income that is less than 100
        percent of the statewide annual median household income for the
        State in which the community is located, according to the most
        recent decennial census.'';
            (3) in paragraph (6)(B)(i) (as so redesignated)--
                (A) in subclause (VIII), by striking ``and'' at the end;
                (B) in subclause (IX), by adding ``and'' after the
            semicolon at the end; and
                (C) by adding at the end the following:
                ``(X) disadvantaged communities;''; and
            (4) in paragraph (7)(C) (as so redesignated), by inserting ``,
        including benefits to fisheries, wildlife, or habitat'' after
        ``river or stream''.
        (b) Application.--Section 6002 of the Omnibus Public Lands
    Management Act (16 U.S.C. 1015a) is amended--
            (1) by striking subsection (b) and inserting the following:
        ``(b) Establishment of Application Process; Criteria.--Not later
    than September 30, 2021, the Secretary shall update--
            ``(1) the application process for the program; and
            ``(2) in consultation with the States, the prioritization and
        eligibility criteria for considering applications submitted in
        accordance with the application process.''; and
            (2) in subsection (g), by striking ``2020'' and inserting
        ``2026''.
    SEC. 1108. MODIFICATION OF JACKSON GULCH REHABILITATION PROJECT,
    COLORADO.
        Section 9105(b) of the Omnibus Public Land Management Act of 2009
    (Public Law 111-11; 123 Stat. 1303) is amended--
            (1) in paragraph (1)--
                (A) by striking ``requirement'' and inserting ``and cost-
            sharing requirements''; and
                (B) by inserting ``, which shall be not more than 65
            percent of that total cost'' before the period at the end;
            (2) in paragraph (3)--
                (A) in the paragraph heading, by striking ``requirement''
            and inserting ``and cost-sharing requirements'';
                (B) in subparagraph (A), in the matter preceding clause
            (i), by striking ``The Secretary shall recover from the
            District as reimbursable expenses'' and inserting ``Subject to
            subparagraph (C), the District shall be liable under this
            subsection for an amount equal to'';
                (C) in subparagraph (B), in the matter preceding clause
            (i), by striking ``Secretary shall recover reimbursable
            expenses'' and inserting ``District shall pay the Project costs
            for which the District is liable''; and
                (D) by striking subparagraph (C) and inserting the
            following:
                ``(C) Credit.--In determining the exact amount for which
            the District is liable under this paragraph, the Secretary
            shall--
                    ``(i) review and approve all final costs associated
                with the completion of the Project; and
                    ``(ii) credit the district for all amounts paid by the
                District for engineering work and improvements directly
                associated with the Project, whether before, on, or after
                the date of enactment of this Act.''; and
            (3) in paragraph (7), by striking `` $8,250,000.'' and
        inserting the following: ``the lesser of--
                ``(A) not more than 65 percent of the total cost of
            carrying out the Project; and
                ``(B) $5,350,000.''.
    SEC. 1109. AQUATIC ECOSYSTEM RESTORATION.
        (a) Definition of Eligible Entity.--In this section, the term
    ``eligible entity'' means--
            (1) any State, Indian Tribe, irrigation district, or water
        district;
            (2) any State, regional, or local authority, the members of
        which include 1 or more organizations with water or power delivery
        authority;
            (3) any other entity or organization that owns a facility that
        is eligible for upgrade, modification or removal under this
        section;
            (4) any nonprofit conservation organization, acting in
        partnership with any entity listed in paragraphs (1) through (3),
        with respect to a project involving land or infrastructure owned by
        the entity; and
            (5) an agency established under State law for the joint
        exercise of powers or a combination of entities described in
        paragraphs (1) through (4).
        (b) General Authority.--
            (1) In general.--Subject to the requirements of this section
        and paragraph (2), on request of any eligible entity the Secretary
        may negotiate and enter into an agreement on behalf of the United
        States to fund the design, study, and construction of an aquatic
        ecosystem restoration and protection project in a Reclamation State
        if the Secretary determines that the project is likely to improve
        the health of fisheries, wildlife or aquatic habitat, including
        through habitat restoration and improved fish passage via the
        removal or bypass of barriers to fish passage.
            (2) Exception.--With respect to an aquatic ecosystem
        restoration and protection project under this section that removes
        a dam or modifies a dam in a manner that reduces storage or
        diversion capacity, the Secretary may only negotiate and enter into
        an agreement to fund--
                (A) the design or study of such project if the Secretary
            has received consent from the owner of the applicable dam; or
                (B) the construction of such project if the Secretary--
                    (i) identifies any eligible entity that receives water
                or power from the facility that is under consideration for
                removal or modification at the time of the request;
                    (ii) notifies each eligible entity identified in clause
                (i) that the dam removal or modification project has been
                requested; and
                    (iii) does not receive, by the date that is 120 days
                after the date on which all eligible entities have been
                notified under clause (ii), written objection from 1 or
                more eligible entities that collectively receive \1/3\ or
                more of the water or power delivered from the facility that
                is under consideration for removal or modification at the
                time of the request.
        (c) Requirements.--
            (1) In general.--The Secretary shall accept and consider public
        comment prior to initiating design, study or development of a
        project under this section.
            (2) Preconditions.--Construction of a project under this
        section shall be a voluntary project initiated only after--
                (A) an eligible entity has entered into an agreement with
            the Secretary to pay no less than 35 percent of the costs of
            project construction;
                (B) an eligible entity has entered an agreement to pay 100
            percent of any operation, maintenance, and replacement and
            rehabilitation costs with respect to the project;
                (C) the Secretary determines the proposed project--
                    (i) will not result in an unmitigated adverse impact on
                fulfillment of existing water delivery obligations
                consistent with historical operations and applicable
                contracts;
                    (ii) will not result in an unmitigated adverse effect
                on the environment;
                    (iii) is consistent with the responsibilities of the
                Secretary--

                        (I) in the role as trustee for federally recognized
                    Indian Tribes; and
                        (II) to ensure compliance with any applicable
                    international and Tribal treaties and agreements and
                    interstate compacts and agreements;

                    (iv) is in the financial interest of the United States
                based on a determination that the project advances Federal
                objectives including environmental enhancement objectives
                in a Reclamation State; and
                    (v) complies with all applicable Federal and State law,
                including environmental laws; and
                (D) the Secretary has complied with all applicable
            environmental laws, including--
                    (i) the National Environmental Policy Act of 1969 (42
                U.S.C. 4321 et seq.);
                    (ii) the Endangered Species Act of 1973 (16 U.S.C. 1531
                et seq.); and
                    (iii) subtitle III of title 54, United States Code.
        (d) Funding.--There is authorized to be appropriated to carry out
    this section $15,000,000 for each of fiscal years 2022 through 2026, to
    remain available until expended.
        (e) Effects.--
            (1) In general.--Nothing in this section supersedes or limits
        any existing authority provided, or responsibility conferred, by
        any provision of law.
            (2) Effect on state water law.--Nothing in this section
        preempts or affects any--
                (A) State water law; or
                (B) interstate compact governing water.
        (f) Compliance Required.--The Secretary shall comply with
    applicable State water laws in carrying out this section.
        (g) Priority for Projects Providing Regional Benefits and
    Assistance for Aging Assets.--When funding projects under this section,
    the Secretary shall prioritize projects that--
            (1) are jointly developed and supported by a diverse array of
        stakeholders including representatives of irrigated agricultural
        production, hydroelectric production, potable water purveyors and
        industrial water users, Indian Tribes, commercial fishing
        interests, and nonprofit conservation organizations;
            (2) affect water resources management in 2 or more river basins
        while providing regional benefits not limited to fisheries
        restoration;
            (3) are a component of a broader strategy or plan to replace
        aging facilities with 1 or more alternate facilities providing
        similar benefits; and
            (4) contribute to the restoration of anadromous fish species
        listed under the Endangered Species Act of 1973 (16 U.S.C. 1531 et
        seq.).
    SEC. 1110. CLEAN WATER FOR RURAL COMMUNITIES.
        (a) Short Title.--This section may be cited as the ``Clean Water
    for Rural Communities Act''.
        (b) Purpose.--The purpose of this Act is to ensure a safe and
    adequate municipal, rural, and industrial water supply for the citizens
    of--
            (1) Dawson, Garfield, McCone, Prairie, Richland, Judith Basin,
        Wheatland, Golden Valley, Fergus, Yellowstone, and Musselshell
        Counties in the State of Montana; and
            (2) McKenzie County, North Dakota.
        (c) Definitions.--In this Act:
            (1) Authority.--The term ``Authority'' means--
                (A) the Central Montana Regional Water Authority, a
            publicly owned nonprofit water authority formed in accordance
            with Mont. Code Ann. Sec. 75-6-302 (2007); and
                (B) any nonprofit successor entity to the Authority
            described in subparagraph (A).
            (2) Musselshell-judith rural water system.--The term
        ``Musselshell-Judith Rural Water System'' means the Musselshell-
        Judith Rural Water System authorized under subsection (d)(1), with
        a project service area that includes--
                (A) Judith Basin, Wheatland, Golden Valley, and Musselshell
            Counties in the State;
                (B) the portion of Yellowstone County in the State within 2
            miles of State Highway 3 and within 4 miles of the county line
            between Golden Valley and Yellowstone Counties in the State,
            inclusive of the Town of Broadview, Montana; and
                (C) the portion of Fergus County in the State within 2
            miles of U.S. Highway 87 and within 4 miles of the county line
            between Fergus and Judith Basin Counties in the State,
            inclusive of the Town of Moore, Montana.
            (3) State.--The term ``State'' means the State of Montana.
        (d) Musselshell-Judith Rural Water System.--
            (1) Authorization.--The Secretary may carry out the planning,
        design, and construction of the Musselshell-Judith Rural Water
        System in a manner that is substantially in accordance with the
        feasibility report entitled ``Musselshell-Judith Rural Water System
        Feasibility Report'' (including any and all revisions of the
        report).
            (2) Cooperative agreement.--The Secretary shall enter into a
        cooperative agreement with the Authority to provide Federal
        assistance for the planning, design, and construction of the
        Musselshell-Judith Rural Water System.
            (3) Cost-sharing requirement.--
                (A) Federal share.--
                    (i) In general.--The Federal share of the costs
                relating to the planning, design, and construction of the
                Musselshell-Judith Rural Water System shall not exceed 65
                percent of the total cost of the Musselshell-Judith Rural
                Water System.
                    (ii) Limitation.--Amounts made available under clause
                (i) shall not be returnable or reimbursable under the
                reclamation laws.
                (B) Use of federal funds.--
                    (i) General uses.--Subject to clause (ii), the
                Musselshell-Judith Rural Water System may use Federal funds
                made available to carry out this subsection for--

                        (I) facilities relating to--

                            (aa) water pumping;
                            (bb) water treatment;
                            (cc) water storage;
                            (dd) water supply wells;
                            (ee) distribution pipelines; and
                            (ff) control systems;

                        (II) transmission pipelines;
                        (III) pumping stations;
                        (IV) appurtenant buildings, maintenance equipment,
                    and access roads;
                        (V) any interconnection facility that connects a
                    pipeline of the Musselshell-Judith Rural Water System
                    to a pipeline of a public water system;
                        (VI) electrical power transmission and distribution
                    facilities required for the operation and maintenance
                    of the Musselshell-Judith Rural Water System;
                        (VII) any other facility or service required for
                    the development of a rural water distribution system,
                    as determined by the Secretary; and
                        (VIII) any property or property right required for
                    the construction or operation of a facility described
                    in this subsection.

                    (ii) Limitation.--Federal funds made available to carry
                out this subsection shall not be used for the operation,
                maintenance, or replacement of the Musselshell-Judith Rural
                Water System.
                    (iii) Title.--Title to the Musselshell-Judith Rural
                Water System shall be held by the Authority.
        (e) Dry-Redwater Feasibility Study.--
            (1) Definitions.--In this subsection:
                (A) Dry-redwater regional water authority.--The term ``Dry-
            Redwater Regional Water Authority'' means--
                    (i) the Dry-Redwater Regional Water Authority, a
                publicly owned nonprofit water authority formed in
                accordance with Mont. Code Ann. Sec. 75-6-302 (2007); and
                    (ii) any nonprofit successor entity to the Authority
                described in clause (i).
                (B) Dry-redwater regional water authority system.--The term
            ``Dry-Redwater Regional Water Authority System'' means the
            project entitled the ``Dry-Redwater Regional Water Authority
            System'', with a project service area that includes--
                    (i) Garfield and McCone Counties in the State;
                    (ii) the area west of the Yellowstone River in Dawson
                and Richland Counties in the State;
                    (iii) T. 15 N. (including the area north of the
                Township) in Prairie County in the State; and
                    (iv) the portion of McKenzie County, North Dakota, that
                includes all land that is located west of the Yellowstone
                River in the State of North Dakota.
                (C) Reclamation feasibility standards.--The term
            ``reclamation feasibility standards'' means the eligibility
            criteria and feasibility study requirements described in
            section 106 of the Reclamation Rural Water Supply Act of 2006
            (43 U.S.C. 2405) (as in effect on September 29, 2016).
                (D) Submitted feasibility study.--The term ``submitted
            feasibility study'' means the feasibility study entitled ``Dry-
            Redwater Regional Water System Feasibility Study'' (including
            revisions of the study), which received funding from the Bureau
            of Reclamation on September 1, 2010.
            (2) Study.--
                (A) In general.--The Secretary, in consultation with the
            Dry-Redwater Regional Water Authority, may undertake a study,
            including a review of the submitted feasibility study, to
            determine the feasibility of constructing the Dry-Redwater
            Regional Water System.
                (B) Requirement.--The study under subparagraph (A) shall
            comply with the reclamation feasibility standards.
            (3) Cooperative agreement.--If the Secretary determines that
        the study under paragraph (2) does not comply with the reclamation
        feasibility standards, the Secretary may enter into a cooperative
        agreement with the Dry-Redwater Regional Water Authority to
        complete additional work to ensure that the study complies with the
        reclamation feasibility standards.
            (4) Authorization of appropriations.--There is authorized to be
        appropriated to the Secretary $5,000,000 to carry out this
        subsection.
            (5) Termination.--The authority provided by this subsection
        shall expire on the date that is 5 years after the date of
        enactment of this Act.
        (f) Water Rights.--Nothing in this Act--
            (1) preempts or affects any State water law; or
            (2) affects any authority of a State, as in effect on the date
        of enactment of this Act, to manage water resources within that
        State.
        (g) Authorization of Appropriations.--
            (1) Authorization.--There is authorized to be appropriated to
        carry out the planning, design, and construction of the
        Musselshell-Judith Rural Water System, substantially in accordance
        with the cost estimate set forth in the feasibility report
        described in subsection (d)(1), $56,650,000.
            (2) Cost indexing.--The amount authorized to be appropriated
        under paragraph (1) may be increased or decreased in accordance
        with ordinary fluctuations in development costs incurred after
        November 1, 2014, as indicated by any available engineering cost
        indices applicable to construction activities that are similar to
        the construction of the Musselshell-Judith Rural Water System.
    SEC. 1111. SNOW WATER SUPPLY FORECASTING.
        (a) Short Title.--This section may be cited as the ``Snow Water
    Supply Forecasting Program Authorization Act''.
        (b) Definition of Program.--In this Act, the term ``program'' means
    the Snow Water Supply Forecasting Program established by subsection
    (c).
        (c) Snow Water Supply Forecasting Program.--
            (1) Program establishment.--The Snow Water Supply Forecasting
        Program is hereby established within the Department of the
        Interior.
            (2) Program implementation.--To implement the program, the
        Secretary shall--
                (A) develop the program framework in coordination with
            other Federal agencies pursuant to subsection (d), culminating
            in the report required under subsection (d)(3); and
                (B) after submitting the report required by subsection
            (d)(3), implement activities to improve snowpack measurement in
            particular watersheds pursuant to subsection (e).
        (d) Development of Program Framework in Coordination With Other
    Federal Agencies.--
            (1) Snowpack measurement data.--When determining water supply
        forecasts or allocations to Federal water contractors, the
        Secretary, acting through the Commissioner of the Bureau of
        Reclamation, shall incorporate, to the greatest extent practicable,
        information from emerging technologies for snowpack measurement,
        such as--
                (A) synthetic aperture radar;
                (B) laser altimetry; and
                (C) other emerging technologies that the Secretary
            determines are likely to provide more accurate or timely
            snowpack measurement data.
            (2) Coordination.--In carrying out paragraph (1), the Secretary
        shall coordinate data use and collection efforts with other Federal
        agencies that use or may benefit from the use of emerging
        technologies for snowpack measurement.
            (3) Emerging technologies report.--Not later than October 1,
        2021, the Secretary shall submit to Congress a report that--
                (A) summarizes the use of emerging technologies pursuant to
            this Act;
                (B) describes benefits derived from the use of technologies
            summarized under subparagraph (A) related to the environment
            and increased water supply reliability; and
                (C) describes how Federal agencies will coordinate to
            implement emerging technologies.
        (e) Program Implementation.--
            (1) Activities implementing framework.--After submitting the
        report required under subsection (d)(3), the Secretary shall
        participate with program partners in implementing activities to
        improve snowpack measurement in particular watersheds.
            (2) Focus.--The program shall focus on activities that will
        maintain, establish, expand, or advance snowpack measurement
        consistent with the report required by subsection (d)(3), with an
        emphasis on--
                (A) enhancing activities in river basins to achieve
            improved snow and water supply forecasting results;
                (B) activities in river basins where snow water supply
            forecasting related activities described in this Act are not
            occurring on the date of the enactment of this Act; and
                (C) demonstrating or testing new, or improving existing,
            snow and water supply forecasting technology.
            (3) Information sharing.--The Secretary may provide information
        collected and analyzed under this Act to program partners through
        appropriate mechanisms, including interagency agreements with
        Federal agencies, States, State agencies, or a combination thereof,
        leases, contracts, cooperative agreements, grants, loans, and
        memoranda of understanding.
            (4) Program partners.--Program partners with whom the Secretary
        enters into cooperative agreements pursuant to paragraph (5) may
        include water districts, irrigation districts, water associations,
        universities, State agencies, other Federal agencies, private
        sector entities, non-governmental organizations, and other
        entities, as determined by the Secretary.
            (5) Cooperative agreements.--The Secretary may--
                (A) enter into cooperative agreements with program partners
            to allow the program to be administered efficiently and cost
            effectively through cost-sharing or by providing additional in-
            kind resources necessary for program implementation; and
                (B) provide nonreimbursable matching funding for
            programmatic and operational activities under this Act in
            consultation with program partners.
            (6) Environmental laws.--Nothing in this Act shall modify any
        obligation of the Secretary to comply with applicable Federal and
        State environmental laws in carrying out this Act.
        (f) Program Implementation Report.--Not later than 4 years after
    the date of the enactment of this Act, the Secretary shall submit a
    report to the Committee on Natural Resources and the Committee on
    Appropriations of the House of Representatives and the Committee on
    Energy and Natural Resources and the Committee on Appropriations of the
    Senate, that includes--
            (1) a list of basins and sub-basins for which snowpack
        measurement technologies are being used under the program,
        including a description of each technology used; and
            (2) a list of Federal agencies and program partners
        participating in each basin or sub-basin listed in paragraph (1).
        (g) Authorization of Appropriations.--There is authorized to be
    appropriated to the Secretary to carry out this Act $15,000,000, in the
    aggregate, for fiscal years 2022 through 2026.
    SEC. 1112. WATER TECHNOLOGY INVESTMENT.
        The Water Desalination Act of 1996 (Public Law 104-298; 42 U.S.C.
    10301 note) is amended--
            (1) in section 4(a)(1), by inserting ``, including modules
        specifically designed for brine management'' after ``and
        concepts''; and
            (2) in section 8(b)--
                (A) by striking ``3,000,000'' and inserting ``20,000,000'';
            and
                (B) by striking ``2017 through 2021'' and inserting ``2022
            through 2026, in addition to the authorization of
            appropriations for projects in section 4(a)(2)(F)''.
    SEC. 1113. SHARING ARRANGEMENTS WITH FEDERAL AGENCIES.
        Section 405 of the Indian Health Care Improvement Act (25 U.S.C.
    1645) is amended--
            (1) in subsection (a)(1), by inserting ``urban Indian
        organizations,'' before ``and tribal organizations''; and
            (2) in subsection (c)--
                (A) by inserting ``urban Indian organization,'' before ``or
            tribal organization''; and
                (B) by inserting ``an urban Indian organization,'' before
            ``or a tribal organization''.
    SEC. 1114. AMENDMENT TO THE INDIAN HEALTH CARE IMPROVEMENT ACT.
        Section 409 of the Indian Health Care Improvement Act (25 U.S.C.
    1647b) is amended by striking ``(25 U.S.C. 450 et seq.)'' and inserting
    ``(25 U.S.C. 5301 et seq.) or the Tribally Controlled Schools Act of
    1988 (25 U.S.C. 2501 et seq.)''.
    SEC. 1115. DEFINITIONS.
        In this title:
            (1) Indian tribe.--The term ``Indian Tribe'' has the meaning
        given the term in section 4 of the Indian Self-Determination and
        Education Assistance Act (25 U.S.C. 5304).
            (2) Reclamation state.--The term ``Reclamation State'' means a
        State or territory described in the first section of the Act of
        June 17, 1902 (32 Stat. 388, chapter 1093; 43 U.S.C. 391).
            (3) Secretary.--The term ``Secretary'' means the Secretary of
        the Interior.

                  TITLE XII--HORSERACING INTEGRITY AND SAFETY

    SEC. 1201. SHORT TITLE.
        This title may be cited as the ``Horseracing Integrity and Safety
    Act of 2020''.
    SEC. 1202. DEFINITIONS.
        In this Act the following definitions apply:
            (1) Authority.--The term ``Authority'' means the Horseracing
        Integrity and Safety Authority designated by section 1203(a).
            (2) Breeder.--The term ``breeder'' means a person who is in the
        business of breeding covered horses.
            (3) Commission.--The term ``Commission'' means the Federal
        Trade Commission.
            (4) Covered horse.--The term ``covered horse'' means any
        Thoroughbred horse, or any other horse made subject to this Act by
        election of the applicable State racing commission or the breed
        governing organization for such horse under section 1205(k), during
        the period--
                (A) beginning on the date of the horse's first timed and
            reported workout at a racetrack that participates in covered
            horseraces or at a training facility; and
                (B) ending on the date on which the Authority receives
            written notice that the horse has been retired.
            (5) Covered horserace.--The term ``covered horserace'' means
        any horserace involving covered horses that has a substantial
        relation to interstate commerce, including any Thoroughbred
        horserace that is the subject of interstate off-track or advance
        deposit wagers.
            (6) Covered persons.--The term ``covered persons'' means all
        trainers, owners, breeders, jockeys, racetracks, veterinarians,
        persons (legal and natural) licensed by a State racing commission
        and the agents, assigns, and employees of such persons and other
        horse support personnel who are engaged in the care, training, or
        racing of covered horses.
            (7) Equine constituencies.--The term ``equine constituencies''
        means, collectively, owners, breeders, trainers, racetracks,
        veterinarians, State racing commissions, and jockeys who are
        engaged in the care, training, or racing of covered horses.
            (8) Equine industry representative.--The term ``equine industry
        representative'' means an organization regularly and significantly
        engaged in the equine industry, including organizations that
        represent the interests of, and whose membership consists of,
        owners, breeders, trainers, racetracks, veterinarians, State racing
        commissions, and jockeys.
            (9) Horseracing anti-doping and medication control program.--
        The term ``horseracing anti-doping and medication control program''
        means the anti-doping and medication program established under
        section 1206(a).
            (10) Immediate family member.--The term ``immediate family
        member'' shall include a spouse, domestic partner, mother, father,
        aunt, uncle, sibling, or child.
            (11) Interstate off-track wager.--The term ``interstate off-
        track wager'' has the meaning given such term in section 3 of the
        Interstate Horseracing Act of 1978 (15 U.S.C. 3002).
            (12) Jockey.--The term ``jockey'' means a rider or driver of a
        covered horse in covered horseraces.
            (13) Owner.--The term ``owner'' means a person who holds an
        ownership interest in one or more covered horses.
            (14) Program effective date.--The term ``program effective
        date'' means July 1, 2022.
            (15) Racetrack.--The term ``racetrack'' means an organization
        licensed by a State racing commission to conduct covered
        horseraces.
            (16) Racetrack safety program.--The term ``racetrack safety
        program'' means the program established under section 1207(a).
            (17) Stakes race.--The term ``stakes race'' means any race so
        designated by the racetrack at which such race is run, including,
        without limitation, the races comprising the Breeders' Cup World
        Championships and the races designated as graded stakes by the
        American Graded Stakes Committee of the Thoroughbred Owners and
        Breeders Association.
            (18) State racing commission.--The term ``State racing
        commission'' means an entity designated by State law or regulation
        that has jurisdiction over the conduct of horseracing within the
        applicable State.
            (19) Trainer.--The term ``trainer'' means an individual engaged
        in the training of covered horses.
            (20) Training facility.--The term ``training facility'' means a
        location that is not a racetrack licensed by a State racing
        commission that operates primarily to house covered horses and
        conduct official timed workouts.
            (21) Veterinarian.--The term ``veterinarian'' means a licensed
        veterinarian who provides veterinary services to covered horses.
            (22) Workout.--The term ``workout'' means a timed running of a
        horse over a predetermined distance not associated with a race or
        its first qualifying race, if such race is made subject to this Act
        by election under section 1205(k) of the horse's breed governing
        organization or the applicable State racing commission.
    SEC. 1203. RECOGNITION OF THE HORSERACING INTEGRITY AND SAFETY
    AUTHORITY.
        (a) In General.--The private, independent, self-regulatory,
    nonprofit corporation, to be known as the ``Horseracing Integrity and
    Safety Authority'', is recognized for purposes of developing and
    implementing a horseracing anti-doping and medication control program
    and a racetrack safety program for covered horses, covered persons, and
    covered horseraces.
        (b) Board of Directors.--
            (1) Membership.--The Authority shall be governed by a board of
        directors (in this section referred to as the ``Board'') comprised
        of nine members as follows:
                (A) Independent members.--Five members of the Board shall
            be independent members selected from outside the equine
            industry.
                (B) Industry members.--
                    (i) In general.--Four members of the Board shall be
                industry members selected from among the various equine
                constituencies.
                    (ii) Representation of equine constituencies.--The
                industry members shall be representative of the various
                equine constituencies, and shall include not more than one
                industry member from any one equine constituency.
            (2) Chair.--The chair of the Board shall be an independent
        member described in paragraph (1)(A).
            (3) Bylaws.--The Board of the Authority shall be governed by
        bylaws for the operation of the Authority with respect to--
                (A) the administrative structure and employees of the
            Authority;
                (B) the establishment of standing committees;
                (C) the procedures for filling vacancies on the Board and
            the standing committees;
                (D) term limits for members and termination of membership;
            and
                (E) any other matter the Board considers necessary.
        (c) Standing Committees.--
            (1) Anti-doping and medication control standing committee.--
                (A) In general.--The Authority shall establish an anti-
            doping and medication control standing committee, which shall
            provide advice and guidance to the Board on the development and
            maintenance of the horseracing anti-doping and medication
            control program.
                (B) Membership.--The anti-doping and medication control
            standing committee shall be comprised of seven members as
            follows:
                    (i) Independent members.--A majority of the members
                shall be independent members selected from outside the
                equine industry.
                    (ii) Industry members.--A minority of the members shall
                be industry members selected to represent the various
                equine constituencies, and shall include not more than one
                industry member from any one equine constituency.
                    (iii) Qualification.--A majority of individuals
                selected to serve on the anti-doping and medication control
                standing committee shall have significant, recent
                experience in anti-doping and medication control rules.
                (C) Chair.--The chair of the anti-doping and medication
            control standing committee shall be an independent member of
            the Board described in subsection (b)(1)(A).
            (2) Racetrack safety standing committee.--
                (A) In general.--The Authority shall establish a racetrack
            safety standing committee, which shall provide advice and
            guidance to the Board on the development and maintenance of the
            racetrack safety program.
                (B) Membership.--The racetrack safety standing committee
            shall be comprised of seven members as follows:
                    (i) Independent members.--A majority of the members
                shall be independent members selected from outside the
                equine industry.
                    (ii) Industry members.--A minority of the members shall
                be industry members selected to represent the various
                equine constituencies.
                (C) Chair.--The chair of the racetrack safety standing
            committee shall be an industry member of the Board described in
            subsection (b)(1)(B).
        (d) Nominating Committee.--
            (1) Membership.--
                (A) In general.--The nominating committee of the Authority
            shall be comprised of seven independent members selected from
            business, sports, and academia.
                (B) Initial membership.--The initial nominating committee
            members shall be set forth in the governing corporate documents
            of the Authority.
                (C) Vacancies.--After the initial committee members are
            appointed in accordance with subparagraph (B), vacancies shall
            be filled by the Board pursuant to rules established by the
            Authority.
            (2) Chair.--The chair of the nominating committee shall be
        selected by the nominating committee from among the members of the
        nominating committee.
            (3) Selection of members of the board and standing
        committees.--
                (A) Initial members.--The nominating committee shall select
            the initial members of the Board and the standing committees
            described in subsection (c).
                (B) Subsequent members.-- The nominating committee shall
            recommend individuals to fill any vacancy on the Board or on
            such standing committees.
        (e) Conflicts of Interest.--To avoid conflicts of interest, the
    following individuals may not be selected as a member of the Board or
    as an independent member of a nominating or standing committee under
    this section:
            (1) An individual who has a financial interest in, or provides
        goods or services to, covered horses.
            (2) An official or officer--
                (A) of an equine industry representative; or
                (B) who serves in a governance or policymaking capacity for
            an equine industry representative.
            (3) An employee of, or an individual who has a business or
        commercial relationship with, an individual described in paragraph
        (1) or (2).
            (4) An immediate family member of an individual described in
        paragraph (1) or (2).
        (f) Funding.--
            (1) Initial funding.--
                (A) In general.--Initial funding to establish the Authority
            and underwrite its operations before the program effective date
            shall be provided by loans obtained by the Authority.
                (B) Borrowing.--The Authority may borrow funds toward the
            funding of its operations.
                (C) Annual calculation of amounts required.--
                    (i) In general.--Not later than the date that is 90
                days before the program effective date, and not later than
                November 1 each year thereafter, the Authority shall
                determine and provide to each State racing commission the
                estimated amount required from the State--

                        (I) to fund the State's proportionate share of the
                    horseracing anti-doping and medication control program
                    and the racetrack safety program for the next calendar
                    year; and
                        (II) to liquidate the State's proportionate share
                    of any loan or funding shortfall in the current
                    calendar year and any previous calendar year.

                    (ii) Basis of calculation.--The amounts calculated
                under clause (i) shall--

                        (I) be based on--

                            (aa) the annual budget of the Authority for the
                        following calendar year, as approved by the Board;
                        and
                            (bb) the projected amount of covered racing
                        starts for the year in each State; and

                        (II) take into account other sources of Authority
                    revenue.

                    (iii) Requirements regarding budgets of authority.--

                        (I) Initial budget.--The initial budget of the
                    Authority shall require the approval of \2/3\ of the
                    Board.
                        (II) Subsequent budgets.--Any subsequent budget
                    that exceeds the budget of the preceding calendar year
                    by more than 5 percent shall require the approval of
                    \2/3\ of the Board.

                    (iv) Rate increases.--

                        (I) In general.--A proposed increase in the amount
                    required under this subparagraph shall be reported to
                    the Commission.
                        (II) Notice and comment.--The Commission shall
                    publish in the Federal Register such a proposed
                    increase and provide an opportunity for public comment.

            (2) Assessment and collection of fees by states.--
                (A) Notice of election.--Any State racing commission that
            elects to remit fees pursuant to this subsection shall notify
            the Authority of such election not later than 60 days before
            the program effective date.
                (B) Requirement to remit fees.--After a State racing
            commission makes a notification under subparagraph (A), the
            election shall remain in effect and the State racing commission
            shall be required to remit fees pursuant to this subsection
            according to a schedule established in rule developed by the
            Authority and approved by the Commission.
                (C) Withdrawal of election.--A State racing commission may
            cease remitting fees under this subsection not earlier than one
            year after notifying the Authority of the intent of the State
            racing commission to do so.
                (D) Determination of methods.--Each State racing commission
            shall determine, subject to the applicable laws, regulations,
            and contracts of the State, the method by which the requisite
            amount of fees, such as foal registration fees, sales
            contributions, starter fees, and track fees, and other fees on
            covered persons, shall be allocated, assessed, and collected.
            (3) Assessment and collection of fees by the authority.--
                (A) Calculation.--If a State racing commission does not
            elect to remit fees pursuant to paragraph (2) or withdraws its
            election under such paragraph, the Authority shall, not less
            frequently than monthly, calculate the applicable fee per
            racing start multiplied by the number of racing starts in the
            State during the preceding month.
                (B) Allocation.--The Authority shall allocate equitably the
            amount calculated under subparagraph (A) collected among
            covered persons involved with covered horseraces pursuant to
            such rules as the Authority may promulgate.
                (C) Assessment and collection.--
                    (i) In general.--The Authority shall assess a fee equal
                to the allocation made under subparagraph (B) and shall
                collect such fee according to such rules as the Authority
                may promulgate.
                    (ii) Remittance of fees.--Covered persons described in
                subparagraph (B) shall be required to remit such fees to
                the Authority.
                (D) Limitation.--A State racing commission that does not
            elect to remit fees pursuant to paragraph (2) or that withdraws
            its election under such paragraph shall not impose or collect
            from any person a fee or tax relating to anti-doping and
            medication control or racetrack safety matters for covered
            horseraces.
            (4) Fees and fines.--Fees and fines imposed by the Authority
        shall be allocated toward funding of the Authority and its
        activities.
            (5) Rule of construction.--Nothing in this Act shall be
        construed to require--
                (A) the appropriation of any amount to the Authority; or
                (B) the Federal Government to guarantee the debts of the
            Authority.
        (g) Quorum.--For all items where Board approval is required, the
    Authority shall have present a majority of independent members.
    SEC. 1204. FEDERAL TRADE COMMISSION OVERSIGHT.
        (a) In General.--The Authority shall submit to the Commission, in
    accordance with such rules as the Commission may prescribe under
    section 553 of title 5, United States Code, any proposed rule, or
    proposed modification to a rule, of the Authority relating to--
            (1) the bylaws of the Authority;
            (2) a list of permitted and prohibited medications, substances,
        and methods, including allowable limits of permitted medications,
        substances, and methods;
            (3) laboratory standards for accreditation and protocols;
            (4) standards for racing surface quality maintenance;
            (5) racetrack safety standards and protocols;
            (6) a program for injury and fatality data analysis;
            (7) a program of research and education on safety, performance,
        and anti-doping and medication control;
            (8) a description of safety, performance, and anti-doping and
        medication control rule violations applicable to covered horses and
        covered persons;
            (9) a schedule of civil sanctions for violations;
            (10) a process or procedures for disciplinary hearings; and
            (11) a formula or methodology for determining assessments
        described in section 1203(f).
        (b) Publication and Comment.--
            (1) In general.--The Commission shall--
                (A) publish in the Federal Register each proposed rule or
            modification submitted under subsection (a); and
                (B) provide an opportunity for public comment.
            (2) Approval required.--A proposed rule, or a proposed
        modification to a rule, of the Authority shall not take effect
        unless the proposed rule or modification has been approved by the
        Commission.
        (c) Decision on Proposed Rule or Modification to a Rule.--
            (1) In general.--Not later than 60 days after the date on which
        a proposed rule or modification is published in the Federal
        Register, the Commission shall approve or disapprove the proposed
        rule or modification.
            (2) Conditions.--The Commission shall approve a proposed rule
        or modification if the Commission finds that the proposed rule or
        modification is consistent with--
                (A) this Act; and
                (B) applicable rules approved by the Commission.
            (3) Revision of proposed rule or modification.--
                (A) In general.--In the case of disapproval of a proposed
            rule or modification under this subsection, not later than 30
            days after the issuance of the disapproval, the Commission
            shall make recommendations to the Authority to modify the
            proposed rule or modification.
                (B) Resubmission.--The Authority may resubmit for approval
            by the Commission a proposed rule or modification that
            incorporates the modifications recommended under subparagraph
            (A).
        (d) Proposed Standards and Procedures.--
            (1) In general.--The Authority shall submit to the Commission
        any proposed rule, standard, or procedure developed by the
        Authority to carry out the horseracing anti-doping and medication
        control program or the racetrack safety program.
            (2) Notice and comment.--The Commission shall publish in the
        Federal Register any such proposed rule, standard, or procedure and
        provide an opportunity for public comment.
        (e) Interim Final Rules.--The Commission may adopt an interim final
    rule, to take effect immediately, under conditions specified in section
    553(b)(B) of title 5, United States Code, if the Commission finds that
    such a rule is necessary to protect--
            (1) the health and safety of covered horses; or
            (2) the integrity of covered horseraces and wagering on those
        horseraces.
    SEC. 1205. JURISDICTION OF THE COMMISSION AND THE HORSERACING INTEGRITY
    AND SAFETY AUTHORITY.
        (a) In General.--Beginning on the program effective date, the
    Commission, the Authority, and the anti-doping and medication control
    enforcement agency, each within the scope of their powers and
    responsibilities under this Act, as limited by subsection (j), shall--
            (1) implement and enforce the horseracing anti-doping and
        medication control program and the racetrack safety program;
            (2) exercise independent and exclusive national authority
        over--
                (A) the safety, welfare, and integrity of covered horses,
            covered persons, and covered horseraces; and
                (B) all horseracing safety, performance, and anti-doping
            and medication control matters for covered horses, covered
            persons, and covered horseraces; and
            (3) have safety, performance, and anti-doping and medication
        control authority over covered persons similar to such authority of
        the State racing commissions before the program effective date.
        (b) Preemption.--The rules of the Authority promulgated in
    accordance with this Act shall preempt any provision of State law or
    regulation with respect to matters within the jurisdiction of the
    Authority under this Act, as limited by subsection (j). Nothing
    contained in this Act shall be construed to limit the authority of the
    Commission under any other provision of law.
        (c) Duties.--
            (1) In general.--The Authority--
                (A) shall develop uniform procedures and rules
            authorizing--
                    (i) access to offices, racetrack facilities, other
                places of business, books, records, and personal property
                of covered persons that are used in the care, treatment,
                training, and racing of covered horses;
                    (ii) issuance and enforcement of subpoenas and
                subpoenas duces tecum; and
                    (iii) other investigatory powers of the nature and
                scope exercised by State racing commissions before the
                program effective date; and
                (B) with respect to an unfair or deceptive act or practice
            described in section 1210, may recommend that the Commission
            commence an enforcement action.
            (2) Approval of commission.--The procedures and rules developed
        under paragraph (1)(A) shall be subject to approval by the
        Commission in accordance with section 1204.
        (d) Registration of Covered Persons With Authority.--
            (1) In general.--As a condition of participating in covered
        races and in the care, ownership, treatment, and training of
        covered horses, a covered person shall register with the Authority
        in accordance with rules promulgated by the Authority and approved
        by the Commission in accordance with section 1204.
            (2) Agreement with respect to authority rules, standards, and
        procedures.--Registration under this subsection shall include an
        agreement by the covered person to be subject to and comply with
        the rules, standards, and procedures developed and approved under
        subsection (c).
            (3) Cooperation.--A covered person registered under this
        subsection shall, at all times--
                (A) cooperate with the Commission, the Authority, the anti-
            doping and medication control enforcement agency, and any
            respective designee, during any civil investigation; and
                (B) respond truthfully and completely to the best of the
            knowledge of the covered person if questioned by the
            Commission, the Authority, the anti-doping and medication
            control enforcement agency, or any respective designee.
            (4) Failure to comply.--Any failure of a covered person to
        comply with this subsection shall be a violation of section
        1208(a)(2)(G).
        (e) Enforcement of Programs.--
            (1) Anti-doping and medication control enforcement agency.--
                (A) Agreement with usada.--The Authority shall seek to
            enter into an agreement with the United States Anti-Doping
            Agency under which the Agency acts as the anti-doping and
            medication control enforcement agency under this Act for
            services consistent with the horseracing anti-doping and
            medication control program.
                (B) Agreement with other entity.--If the Authority and the
            United States Anti-Doping Agency are unable to enter into the
            agreement described in subparagraph (A), the Authority shall
            enter into an agreement with an entity that is nationally
            recognized as being a medication regulation agency equal in
            qualification to the United States Anti-Doping Agency to act as
            the anti-doping and medication control enforcement agency under
            this Act for services consistent with the horseracing anti-
            doping and medication control program.
                (C) Negotiations.--Any negotiations under this paragraph
            shall be conducted in good faith and designed to achieve
            efficient, effective best practices for anti-doping and
            medication control and enforcement on commercially reasonable
            terms.
                (D) Elements of agreement.--Any agreement under this
            paragraph shall include a description of the scope of work,
            performance metrics, reporting obligations, and budgets of the
            United States Anti-Doping Agency while acting as the anti-
            doping and medication control enforcement agency under this
            Act, as well as a provision for the revision of the agreement
            to increase in the scope of work as provided for in subsection
            (k), and any other matter the Authority considers appropriate.
                (E) Duties and powers of enforcement agency.--The anti-
            doping and medication control enforcement agency under an
            agreement under this paragraph shall--
                    (i) serve as the independent anti-doping and medication
                control enforcement organization for covered horses,
                covered persons, and covered horseraces, implementing the
                anti-doping and medication control program on behalf of the
                Authority;
                    (ii) ensure that covered horses and covered persons are
                deterred from using or administering medications,
                substances, and methods in violation of the rules
                established in accordance with this Act;
                    (iii) implement anti-doping education, research,
                testing, compliance and adjudication programs designed to
                prevent covered persons and covered horses from using or
                administering medications, substances, and methods in
                violation of the rules established in accordance with this
                Act;
                    (iv) exercise the powers specified in section
                1206(c)(4) in accordance with that section; and
                    (v) implement and undertake any other responsibilities
                specified in the agreement.
                (F) Term and extension.--
                    (i) Term of initial agreement.--The initial agreement
                entered into by the Authority under this paragraph shall be
                in effect for the 5-year period beginning on the program
                effective date.
                    (ii) Extension.--At the end of the 5-year period
                described in clause (i), the Authority may--

                        (I) extend the term of the initial agreement under
                    this paragraph for such additional term as is provided
                    by the rules of the Authority and consistent with this
                    Act; or
                        (II) enter into an agreement meeting the
                    requirements of this paragraph with an entity described
                    by subparagraph (B) for such term as is provided by
                    such rules and consistent with this Act.

            (2) Agreements for enforcement by state racing commissions.--
                (A) State racing commissions.--
                    (i) Racetrack safety program.--The Authority may enter
                into agreements with State racing commissions for services
                consistent with the enforcement of the racetrack safety
                program.
                    (ii) Anti-doping and medication control program.--The
                anti-doping and medication control enforcement agency may
                enter into agreements with State racing commissions for
                services consistent with the enforcement of the anti-doping
                and medication control program.
                (B) Elements of agreements.--Any agreement under this
            paragraph shall include a description of the scope of work,
            performance metrics, reporting obligations, budgets, and any
            other matter the Authority considers appropriate.
            (3) Enforcement of standards.--The Authority may coordinate
        with State racing commissions and other State regulatory agencies
        to monitor and enforce racetrack compliance with the standards
        developed under paragraphs (1) and (2) of section 1207(c).
        (f) Procedures With Respect to Rules of Authority.--
            (1) Anti-doping and medication control.--
                (A) In general.--Recommendations for rules regarding anti-
            doping and medication control shall be developed in accordance
            with section 1206.
                (B) Consultation.--The anti-doping and medication control
            enforcement agency shall consult with the anti-doping and
            medication control standing committee and the Board of the
            Authority on all anti-doping and medication control rules of
            the Authority.
            (2) Racetrack safety.--Recommendations for rules regarding
        racetrack safety shall be developed by the racetrack safety
        standing committee of the Authority.
        (g) Issuance of Guidance.--
            (1) The Authority may issue guidance that--
                (A) sets forth--
                    (i) an interpretation of an existing rule, standard, or
                procedure of the Authority; or
                    (ii) a policy or practice with respect to the
                administration or enforcement of such an existing rule,
                standard, or procedure; and
                (B) relates solely to--
                    (i) the administration of the Authority; or
                    (ii) any other matter, as specified by the Commission,
                by rule, consistent with the public interest and the
                purposes of this subsection.
            (2) Submittal to commission.--The Authority shall submit to the
        Commission any guidance issued under paragraph (1).
            (3) Immediate effect.--Guidance issued under paragraph (1)
        shall take effect on the date on which the guidance is submitted to
        the Commission under paragraph (2).
        (h) Subpoena and Investigatory Authority.--The Authority shall have
    subpoena and investigatory authority with respect to civil violations
    committed under its jurisdiction.
        (i) Civil Penalties.--The Authority shall develop a list of civil
    penalties with respect to the enforcement of rules for covered persons
    and covered horseraces under its jurisdiction.
        (j) Civil Actions.--
            (1) In general.--In addition to civil sanctions imposed under
        section 1208, the Authority may commence a civil action against a
        covered person or racetrack that has engaged, is engaged, or is
        about to engage, in acts or practices constituting a violation of
        this Act or any rule established under this Act in the proper
        district court of the United States, the United States District
        Court for the District of Columbia, or the United States courts of
        any territory or other place subject to the jurisdiction of the
        United States, to enjoin such acts or practices, to enforce any
        civil sanctions imposed under that section, and for all other
        relief to which the Authority may be entitled.
            (2) Injunctions and restraining orders.--With respect to a
        civil action commenced under paragraph (1), upon a proper showing,
        a permanent or temporary injunction or restraining order shall be
        granted without bond.
        (k) Limitations on Authority.--
            (1) Prospective application.--The jurisdiction and authority of
        the Authority and the Commission with respect to the horseracing
        anti-doping and medication control program and the racetrack safety
        program shall be prospective only.
            (2) Previous matters.--
                (A) In general.--The Authority and the Commission may not
            investigate, prosecute, adjudicate, or penalize conduct in
            violation of the horseracing anti-doping and medication control
            program and the racetrack safety program that occurs before the
            program effective date.
                (B) State racing commission.--With respect to conduct
            described in subparagraph (A), the applicable State racing
            commission shall retain authority until the final resolution of
            the matter.
            (3) Other laws unaffected.--This Act shall not be construed to
        modify, impair or restrict the operation of the general laws or
        regulations, as may be amended from time to time, of the United
        States, the States and their political subdivisions relating to
        criminal conduct, cruelty to animals, matters unrelated to
        antidoping, medication control and racetrack and racing safety of
        covered horses and covered races, and the use of medication in
        human participants in covered races.
        (l) Election for Other Breed Coverage Under Act.--
            (1) In general.--A State racing commission or a breed governing
        organization for a breed of horses other than Thoroughbred horses
        may elect to have such breed be covered by this Act by the filing
        of a designated election form and subsequent approval by the
        Authority. A State racing commission may elect to have a breed
        covered by this Act for the applicable State only.
            (2) Election conditional on funding mechanism.--A commission or
        organization may not make an election under paragraph (1) unless
        the commission or organization has in place a mechanism to provide
        sufficient funds to cover the costs of the administration of this
        Act with respect to the horses that will be covered by this Act as
        a result of the election.
            (3) Apportionment.--The Authority shall apportion costs
        described in paragraph (2) in connection with an election under
        paragraph (1) fairly among all impacted segments of the horseracing
        industry, subject to approval by the Commission in accordance with
        section 1204. Such apportionment may not provide for the allocation
        of costs or funds among breeds of horses.
    SEC. 1206. HORSERACING ANTI-DOPING AND MEDICATION CONTROL PROGRAM.
        (a) Program Required.--
            (1) In general.--Not later than the program effective date, and
        after notice and an opportunity for public comment in accordance
        with section 1204, the Authority shall establish a horseracing
        anti-doping and medication control program applicable to all
        covered horses, covered persons, and covered horseraces in
        accordance with the registration of covered persons under section
        1205(d).
            (2) Consideration of other breeds.--In developing the
        horseracing anti-doping and medication control program with respect
        to a breed of horse that is made subject to this Act by election of
        a State racing commission or the breed governing organization for
        such horse under section 1205(k), the Authority shall consider the
        unique characteristics of such breed.
        (b) Considerations in Development of Program.--In developing the
    horseracing anti-doping and medication control program, the Authority
    shall take into consideration the following:
            (1) Covered horses should compete only when they are free from
        the influence of medications, other foreign substances, and methods
        that affect their performance.
            (2) Covered horses that are injured or unsound should not train
        or participate in covered races, and the use of medications, other
        foreign substances, and treatment methods that mask or deaden pain
        in order to allow injured or unsound horses to train or race should
        be prohibited.
            (3) Rules, standards, procedures, and protocols regulating
        medication and treatment methods for covered horses and covered
        races should be uniform and uniformly administered nationally.
            (4) To the extent consistent with this Act, consideration
        should be given to international anti-doping and medication control
        standards of the International Federation of Horseracing
        Authorities and the Principles of Veterinary Medical Ethics of the
        American Veterinary Medical Association.
            (5) The administration of medications and treatment methods to
        covered horses should be based upon an examination and diagnosis
        that identifies an issue requiring treatment for which the
        medication or method represents an appropriate component of
        treatment.
            (6) The amount of therapeutic medication that a covered horse
        receives should be the minimum necessary to address the diagnosed
        health concerns identified during the examination and diagnostic
        process.
            (7) The welfare of covered horses, the integrity of the sport,
        and the confidence of the betting public require full disclosure to
        regulatory authorities regarding the administration of medications
        and treatments to covered horses.
        (c) Activities.--The following activities shall be carried out
    under the horseracing anti-doping and medication control program:
            (1) Standards for anti-doping and medication control.--Not
        later than 120 days before the program effective date, the
        Authority shall issue, by rule--
                (A) uniform standards for--
                    (i) the administration of medication to covered horses
                by covered persons; and
                    (ii) laboratory testing accreditation and protocols;
                and
                (B) a list of permitted and prohibited medications,
            substances, and methods, including allowable limits of
            permitted medications, substances, and methods.
            (2) Review process for administration of medication.--The
        development of a review process for the administration of any
        medication to a covered horse during the 48-hour period preceding
        the next racing start of the covered horse.
            (3) Agreement requirements.--The development of requirements
        with respect to agreements under section 1205(e).
            (4) Anti-doping and medication control enforcement agency.--
                (A) Control rules, protocols, etc.--Except as provided in
            paragraph (5), the anti-doping and medication control program
            enforcement agency under section 1205(e) shall, in consultation
            with the anti-doping and medication control standing committee
            of the Authority and consistent with international best
            practices, develop and recommend anti-doping and medication
            control rules, protocols, policies, and guidelines for approval
            by the Authority.
                (B) Results management.--The anti-doping and medication
            control enforcement agency shall conduct and oversee anti-
            doping and medication control results management, including
            independent investigations, charging and adjudication of
            potential medication control rule violations, and the
            enforcement of any civil sanctions for such violations. Any
            final decision or civil sanction of the anti-doping and
            medication control enforcement agency under this subparagraph
            shall be the final decision or civil sanction of the Authority,
            subject to review in accordance with section 1209.
                (C) Testing.--The anti-doping enforcement agency shall
            perform and manage test distribution planning (including
            intelligence-based testing), the sample collection process, and
            in-competition and out-of-competition testing (including no-
            advance-notice testing).
                (D) Testing laboratories.--The anti-doping and medication
            control enforcement agency shall accredit testing laboratories
            based upon the standards established under this Act, and shall
            monitor, test, and audit accredited laboratories to ensure
            continuing compliance with accreditation standards.
            (5) Anti-doping and medication control standing committee.--The
        anti-doping and medication control standing committee shall, in
        consultation with the anti-doping and medication control
        enforcement agency, develop lists of permitted and prohibited
        medications, methods, and substances for recommendation to, and
        approval by, the Authority. Any such list may prohibit the
        administration of any substance or method to a horse at any time
        after such horse becomes a covered horse if the Authority
        determines such substance or method has a long-term degrading
        effect on the soundness of a horse.
        (d) Prohibition.--Except as provided in subsections (e) and (f),
    the horseracing anti-doping and medication control program shall
    prohibit the administration of any prohibited or otherwise permitted
    substance to a covered horse within 48 hours of its next racing start,
    effective as of the program effective date.
        (e) Advisory Committee Study and Report.--
            (1) In general.--Not later than the program effective date, the
        Authority shall convene an advisory committee comprised of
        horseracing anti-doping and medication control industry experts,
        including a member designated by the anti-doping and medication
        control enforcement agency, to conduct a study on the use of
        furosemide on horses during the 48-hour period before the start of
        a race, including the effect of furosemide on equine health and the
        integrity of competition and any other matter the Authority
        considers appropriate.
            (2) Report.--Not later than three years after the program
        effective date, the Authority shall direct the advisory committee
        convened under paragraph (1) to submit to the Authority a written
        report on the study conducted under that paragraph that includes
        recommended changes, if any, to the prohibition in subsection (d).
            (3) Modification of prohibition.--
                (A) In general.--After receipt of the report required by
            paragraph (2), the Authority may, by unanimous vote of the
            Board of the Authority, modify the prohibition in subsection
            (d) and, notwithstanding subsection (f), any such modification
            shall apply to all States beginning on the date that is three
            years after the program effective date.
                (B) Condition.--In order for a unanimous vote described in
            subparagraph (A) to effect a modification of the prohibition in
            subsection (d), the vote must include unanimous adoption of
            each of the following findings:
                    (i) That the modification is warranted.
                    (ii) That the modification is in the best interests of
                horse racing.
                    (iii) That furosemide has no performance enhancing
                effect on individual horses.
                    (iv) That public confidence in the integrity and safety
                of racing would not be adversely affected by the
                modification.
        (f) Exemption.--
            (1) In general.--Except as provided in paragraph (2), only
        during the three-year period beginning on the program effective
        date, a State racing commission may submit to the Authority, at
        such time and in such manner as the Authority may require, a
        request for an exemption from the prohibition in subsection (d)
        with respect to the use of furosemide on covered horses during such
        period.
            (2) Exceptions.--An exemption under paragraph (1) may not be
        requested for--
                (A) two-year-old covered horses; or
                (B) covered horses competing in stakes races.
            (3) Contents of request.--A request under paragraph (1) shall
        specify the applicable State racing commission's requested
        limitations on the use of furosemide that would apply to the State
        under the horseracing anti-doping and medication control program
        during such period. Such limitations shall be no less restrictive
        on the use and administration of furosemide than the restrictions
        set forth in State's laws and regulations in effect as of September
        1, 2020.
            (4) Grant of exemption.--Subject to subsection (e)(3), the
        Authority shall grant an exemption requested under paragraph (1)
        for the remainder of such period and shall allow the use of
        furosemide on covered horses in the applicable State, in accordance
        with the requested limitations.
        (g) Baseline Anti-doping and Medication Control Rules.--
            (1) In general.--Subject to paragraph (3), the baseline anti-
        doping and medication control rules described in paragraph (2)
        shall--
                (A) constitute the initial rules of the horseracing anti-
            doping and medication control program; and
                (B) except as exempted pursuant to subsections (e) and (f),
            remain in effect at all times after the program effective date.
            (2) Baseline anti-doping medication control rules described.--
                (A) In general.--The baseline anti-doping and medication
            control rules described in this paragraph are the following:
                    (i) The lists of permitted and prohibited substances
                (including drugs, medications, and naturally occurring
                substances and synthetically occurring substances) in
                effect for the International Federation of Horseracing
                Authorities, including the International Federation of
                Horseracing Authorities International Screening Limits for
                urine, dated May 2019, and the International Federation of
                Horseracing Authorities International Screening Limits for
                plasma, dated May 2019.
                    (ii) The World Anti-Doping Agency International
                Standard for Laboratories (version 10.0), dated November
                12, 2019.
                    (iii) The Association of Racing Commissioners
                International out-of-competition testing standards, Model
                Rules of Racing (version 9.2).
                    (iv) The Association of Racing Commissioners
                International penalty and multiple medication violation
                rules, Model Rules of Racing (version 6.2).
                (B) Conflict of rules.--In the case of a conflict among the
            rules described in subparagraph (A), the most stringent rule
            shall apply.
            (3) Modifications to baseline rules.--
                (A) Development by anti-doping and medication control
            standing committee.--The anti-doping and medication control
            standing committee, in consultation with the anti-doping and
            medication control enforcement agency, may develop and submit
            to the Authority for approval by the Authority proposed
            modifications to the baseline anti-doping and medication
            control rules.
                (B) Authority approval.--If the Authority approves a
            proposed modification under this paragraph, the proposed
            modification shall be submitted to and considered by the
            Commission in accordance with section 1204.
                (C) Anti-doping and medication control enforcement agency
            veto authority.--The Authority shall not approve any proposed
            modification that renders an anti-doping and medication control
            rule less stringent than the baseline anti-doping and
            medication control rules described in paragraph (2) (including
            by increasing permitted medication thresholds, adding permitted
            medications, removing prohibited medications, or weakening
            enforcement mechanisms) without the approval of the anti-doping
            and medication control enforcement agency.
    SEC. 1207. RACETRACK SAFETY PROGRAM.
        (a) Establishment and Considerations.--
            (1) In general.--Not later than the program effective date, and
        after notice and an opportunity for public comment in accordance
        with section 1204, the Authority shall establish a racetrack safety
        program applicable to all covered horses, covered persons, and
        covered horseraces in accordance with the registration of covered
        persons under section 1205(d).
            (2) Considerations in development of safety program.--In the
        development of the horseracing safety program for covered horses,
        covered persons, and covered horseraces, the Authority and the
        Commission shall take into consideration existing safety standards
        including the National Thoroughbred Racing Association Safety and
        Integrity Alliance Code of Standards, the International Federation
        of Horseracing Authority's International Agreement on Breeding,
        Racing, and Wagering, and the British Horseracing Authority's
        Equine Health and Welfare program.
        (b) Elements of Horseracing Safety Program.--The horseracing safety
    program shall include the following:
            (1) A set of training and racing safety standards and protocols
        taking into account regional differences and the character of
        differing racing facilities.
            (2) A uniform set of training and racing safety standards and
        protocols consistent with the humane treatment of covered horses,
        which may include lists of permitted and prohibited practices or
        methods (such as crop use).
            (3) A racing surface quality maintenance system that--
                (A) takes into account regional differences and the
            character of differing racing facilities; and
                (B) may include requirements for track surface design and
            consistency and established standard operating procedures
            related to track surface, monitoring, and maintenance (such as
            standardized seasonal assessment, daily tracking, and
            measurement).
            (4) A uniform set of track safety standards and protocols, that
        may include rules governing oversight and movement of covered
        horses and human and equine injury reporting and prevention.
            (5) Programs for injury and fatality data analysis, that may
        include pre- and post-training and race inspections, use of a
        veterinarian's list, and concussion protocols.
            (6) The undertaking of investigations at racetrack and non-
        racetrack facilities related to safety violations.
            (7) Procedures for investigating, charging, and adjudicating
        violations and for the enforcement of civil sanctions for
        violations.
            (8) A schedule of civil sanctions for violations.
            (9) Disciplinary hearings, which may include binding
        arbitration, civil sanctions, and research.
            (10) Management of violation results.
            (11) Programs relating to safety and performance research and
        education.
            (12) An evaluation and accreditation program that ensures that
        racetracks in the United States meet the standards described in the
        elements of the Horseracing Safety Program.
        (c) Activities.--The following activities shall be carried out
    under the racetrack safety program:
            (1) Standards for racetrack safety.--The development, by the
        racetrack safety standing committee of the Authority in section
        1203(c)(2) of uniform standards for racetrack and horseracing
        safety.
            (2) Standards for safety and performance accreditation.--
                (A) In general.--Not later than 120 days before the program
            effective date, the Authority, in consultation with the
            racetrack safety standing committee, shall issue, by rule in
            accordance with section 1204--
                    (i) safety and performance standards of accreditation
                for racetracks; and
                    (ii) the process by which a racetrack may achieve and
                maintain accreditation by the Authority.
                (B) Modifications.--
                    (i) In general.--The Authority may modify rules
                establishing the standards issued under subparagraph (A),
                as the Authority considers appropriate.
                    (ii) Notice and comment.--The Commission shall publish
                in the Federal Register any proposed rule of the Authority,
                and provide an opportunity for public comment with respect
                to, any modification under clause (i) in accordance with
                section 1204.
                (C) Extension of provisional or interim accreditation.--The
            Authority may, by rule in accordance with section 1204, extend
            provisional or interim accreditation to a racetrack accredited
            by the National Thoroughbred Racing Association Safety and
            Integrity Alliance on a date before the program effective date.
            (3) Nationwide safety and performance database.--
                (A) In general.--Not later than one year after the program
            effective date, and after notice and an opportunity for public
            comment in accordance with section 1204, the Authority, in
            consultation with the Commission, shall develop and maintain a
            nationwide database of racehorse safety, performance, health,
            and injury information for the purpose of conducting an
            epidemiological study.
                (B) Collection of information.--In accordance with the
            registration of covered persons under section 1205(d), the
            Authority may require covered persons to collect and submit to
            the database described in subparagraph (A) such information as
            the Authority may require to further the goal of increased
            racehorse welfare.
    SEC. 1208. RULE VIOLATIONS AND CIVIL SANCTIONS.
        (a) Description of Rule Violations.--
            (1) In general.--The Authority shall issue, by rule in
        accordance with section 1204, a description of safety, performance,
        and anti-doping and medication control rule violations applicable
        to covered horses and covered persons.
            (2) Elements.--The description of rule violations established
        under paragraph (1) may include the following:
                (A) With respect to a covered horse, strict liability for
            covered trainers for--
                    (i) the presence of a prohibited substance or method in
                a sample or the use of a prohibited substance or method;
                    (ii) the presence of a permitted substance in a sample
                in excess of the amount allowed by the horseracing anti-
                doping and medication control program; and
                    (iii) the use of a permitted method in violation of the
                applicable limitations established under the horseracing
                anti-doping and medication control program.
                (B) Attempted use of a prohibited substance or method on a
            covered horse.
                (C) Possession of any prohibited substance or method.
                (D) Attempted possession of any prohibited substance or
            method.
                (E) Administration or attempted administration of any
            prohibited substance or method on a covered horse.
                (F) Refusal or failure, without compelling justification,
            to submit a covered horse for sample collection.
                (G) Failure to cooperate with the Authority or an agent of
            the Authority during any investigation.
                (H) Failure to respond truthfully, to the best of a covered
            person's knowledge, to a question of the Authority or an agent
            of the Authority with respect to any matter under the
            jurisdiction of the Authority.
                (I) Tampering or attempted tampering with the application
            of the safety, performance, or anti-doping and medication
            control rules or process adopted by the Authority, including--
                    (i) the intentional interference, or an attempt to
                interfere, with an official or agent of the Authority;
                    (ii) the procurement or the provision of fraudulent
                information to the Authority or agent; and
                    (iii) the intimidation of, or an attempt to intimidate,
                a potential witness.
                (J) Trafficking or attempted trafficking in any prohibited
            substance or method.
                (K) Assisting, encouraging, aiding, abetting, conspiring,
            covering up, or any other type of intentional complicity
            involving a safety, performance, or anti-doping and medication
            control rule violation or the violation of a period of
            suspension or eligibility.
                (L) Threatening or seeking to intimidate a person with the
            intent of discouraging the person from the good faith reporting
            to the Authority, an agent of the Authority or the Commission,
            or the anti-doping and medication control enforcement agency
            under section 1205(e), of information that relates to--
                    (i) an alleged safety, performance, or anti-doping and
                medication control rule violation; or
                    (ii) alleged noncompliance with a safety, performance,
                or anti-doping and medication control rule.
        (b) Testing Laboratories.--
            (1) Accreditation and standards.--Not later than 120 days
        before the program effective date, the Authority shall, in
        consultation with the anti-doping and medication control
        enforcement agency, establish, by rule in accordance with section
        1204--
                (A) standards of accreditation for laboratories involved in
            testing samples from covered horses;
                (B) the process for achieving and maintaining
            accreditation; and
                (C) the standards and protocols for testing such samples.
            (2) Administration.--The accreditation of laboratories and the
        conduct of audits of accredited laboratories to ensure compliance
        with Authority rules shall be administered by the anti-doping and
        medication control enforcement agency. The anti-doping and
        medication control enforcement agency shall have the authority to
        require specific test samples to be directed to and tested by
        laboratories having special expertise in the required tests.
            (3) Extension of provisional or interim accreditation.--The
        Authority may, by rule in accordance with section 1204, extend
        provisional or interim accreditation to a laboratory accredited by
        the Racing Medication and Testing Consortium, Inc., on a date
        before the program effective date.
            (4) Selection of laboratories.--
                (A) In general.--Except as provided in paragraph (2), a
            State racing commission may select a laboratory accredited in
            accordance with the standards established under paragraph (1)
            to test samples taken in the applicable State.
                (B) Selection by the authority.--If a State racing
            commission does not select an accredited laboratory under
            subparagraph (A), the Authority shall select such a laboratory
            to test samples taken in the State concerned.
        (c) Results Management and Disciplinary Process.--
            (1) In general.--Not later than 120 days before the program
        effective date, the Authority shall establish in accordance with
        section 1204--
                (A) rules for safety, performance, and anti-doping and
            medication control results management; and
                (B) the disciplinary process for safety, performance, and
            anti-doping and medication control rule violations.
            (2) Elements.--The rules and process established under
        paragraph (1) shall include the following:
                (A) Provisions for notification of safety, performance, and
            anti-doping and medication control rule violations.
                (B) Hearing procedures.
                (C) Standards for burden of proof.
                (D) Presumptions.
                (E) Evidentiary rules.
                (F) Appeals.
                (G) Guidelines for confidentiality and public reporting of
            decisions.
            (3) Due process.--The rules established under paragraph (1)
        shall provide for adequate due process, including impartial hearing
        officers or tribunals commensurate with the seriousness of the
        alleged safety, performance, or anti-doping and medication control
        rule violation and the possible civil sanctions for such violation.
        (d) Civil Sanctions.--
            (1) In general.--The Authority shall establish uniform rules,
        in accordance with section 1204, imposing civil sanctions against
        covered persons or covered horses for safety, performance, and
        anti-doping and medication control rule violations.
            (2) Requirements.--The rules established under paragraph (1)
        shall--
                (A) take into account the unique aspects of horseracing;
                (B) be designed to ensure fair and transparent horseraces;
            and
                (C) deter safety, performance, and anti-doping and
            medication control rule violations.
            (3) Severity.--The civil sanctions under paragraph (1) may
        include--
                (A) lifetime bans from horseracing, disgorgement of purses,
            monetary fines and penalties, and changes to the order of
            finish in covered races; and
                (B) with respect to anti-doping and medication control rule
            violators, an opportunity to reduce the applicable civil
            sanctions that is comparable to the opportunity provided by the
            Protocol for Olympic Movement Testing of the United States
            Anti-Doping Agency.
        (e) Modifications.--The Authority may propose a modification to any
    rule established under this section as the Authority considers
    appropriate, and the proposed modification shall be submitted to and
    considered by the Commission in accordance with section 1204.
    SEC. 1209. REVIEW OF FINAL DECISIONS OF THE AUTHORITY.
        (a) Notice of Civil Sanctions.-- If the Authority imposes a final
    civil sanction for a violation committed by a covered person pursuant
    to the rules or standards of the Authority, the Authority shall
    promptly submit to the Commission notice of the civil sanction in such
    form as the Commission may require.
        (b) Review by Administrative Law Judge.--
            (1) In general.--With respect to a final civil sanction imposed
        by the Authority, on application by the Commission or a person
        aggrieved by the civil sanction filed not later than 30 days after
        the date on which notice under subsection (a) is submitted, the
        civil sanction shall be subject to de novo review by an
        administrative law judge.
            (2) Nature of review.--
                (A) In general.--In matters reviewed under this subsection,
            the administrative law judge shall determine whether--
                    (i) a person has engaged in such acts or practices, or
                has omitted such acts or practices, as the Authority has
                found the person to have engaged in or omitted;
                    (ii) such acts, practices, or omissions are in
                violation of this Act or the anti-doping and medication
                control or racetrack safety rules approved by the
                Commission; or
                    (iii) the final civil sanction of the Authority was
                arbitrary, capricious, an abuse of discretion, or otherwise
                not in accordance with law.
                (B) Conduct of hearing.--An administrative law judge shall
            conduct a hearing under this subsection in such a manner as the
            Commission may specify by rule, which shall conform to section
            556 of title 5, United States Code.
            (3) Decision by administrative law judge.--
                (A) In general.--With respect to a matter reviewed under
            this subsection, an administrative law judge--
                    (i) shall render a decision not later than 60 days
                after the conclusion of the hearing;
                    (ii) may affirm, reverse, modify, set aside, or remand
                for further proceedings, in whole or in part, the final
                civil sanction of the Authority; and
                    (iii) may make any finding or conclusion that, in the
                judgment of the administrative law judge, is proper and
                based on the record.
                (B) Final decision.--A decision under this paragraph shall
            constitute the decision of the Commission without further
            proceedings unless a notice or an application for review is
            timely filed under subsection (c).
        (c) Review by Commission.--
            (1) Notice of review by commission.--The Commission may, on its
        own motion, review any decision of an administrative law judge
        issued under subsection (b)(3) by providing written notice to the
        Authority and any interested party not later than 30 days after the
        date on which the administrative law judge issues the decision.
            (2) Application for review.--
                (A) In general.--The Authority or a person aggrieved by a
            decision issued under subsection (b)(3) may petition the
            Commission for review of such decision by filing an application
            for review not later than 30 days after the date on which the
            administrative law judge issues the decision.
                (B) Effect of denial of application for review.--If an
            application for review under subparagraph (A) is denied, the
            decision of the administrative law judge shall constitute the
            decision of the Commission without further proceedings.
                (C) Discretion of commission.--
                    (i) In general.--A decision with respect to whether to
                grant an application for review under subparagraph (A) is
                subject to the discretion of the Commission.
                    (ii) Matters to be considered.--In determining whether
                to grant such an application for review, the Commission
                shall consider whether the application makes a reasonable
                showing that--

                        (I) a prejudicial error was committed in the
                    conduct of the proceeding; or
                        (II) the decision involved--

                            (aa) an erroneous application of the anti-
                        doping and medication control or racetrack safety
                        rules approved by the Commission; or
                            (bb) an exercise of discretion or a decision of
                        law or policy that warrants review by the
                        Commission.
            (3) Nature of review.--
                (A) In general.--In matters reviewed under this subsection,
            the Commission may--
                    (i) affirm, reverse, modify, set aside, or remand for
                further proceedings, in whole or in part, the decision of
                the administrative law judge; and
                    (ii) make any finding or conclusion that, in the
                judgement of the Commission, is proper and based on the
                record.
                (B) De novo review.--The Commission shall review de novo
            the factual findings and conclusions of law made by the
            administrative law judge.
                (C) Consideration of additional evidence.--
                    (i) Motion by commission.--The Commission may, on its
                own motion, allow the consideration of additional evidence.
                    (ii) Motion by a party.--

                        (I) In general.--A party may file a motion to
                    consider additional evidence at any time before the
                    issuance of a decision by the Commission, which shall
                    show, with particularity, that--

                            (aa) such additional evidence is material; and
                            (bb) there were reasonable grounds for failure
                        to submit the evidence previously.

                        (II) Procedure.--The Commission may--

                            (aa) accept or hear additional evidence; or
                            (bb) remand the proceeding to the
                        administrative law judge for the consideration of
                        additional evidence.
        (d) Stay of Proceedings.--Review by an administrative law judge or
    the Commission under this section shall not operate as a stay of a
    final civil sanction of the Authority unless the administrative law
    judge or Commission orders such a stay.
    SEC. 1210. UNFAIR OR DECEPTIVE ACTS OR PRACTICES.
        The sale of a covered horse, or of any other horse in anticipation
    of its future participation in a covered race, shall be considered an
    unfair or deceptive act or practice in or affecting commerce under
    section 5(a) of the Federal Trade Commission Act (15 U.S.C. 45(a)) if
    the seller--
            (1) knows or has reason to know the horse has been
        administered--
                (A) a bisphosphonate prior to the horse's fourth birthday;
            or
                (B) any other substance or method the Authority determines
            has a long-term degrading effect on the soundness of the
            covered horse; and
            (2) fails to disclose to the buyer the administration of the
        bisphosphonate or other substance or method described in paragraph
        (1)(B).
    SEC. 1211. STATE DELEGATION; COOPERATION.
        (a) State Delegation.--
            (1) In general.--The Authority may enter into an agreement with
        a State racing commission to implement, within the jurisdiction of
        the State racing commission, a component of the racetrack safety
        program or, with the concurrence of the anti-doping and medication
        control enforcement agency under section 1205(e), a component of
        the horseracing anti-doping and medication control program, if the
        Authority determines that the State racing commission has the
        ability to implement such component in accordance with the rules,
        standards, and requirements established by the Authority.
            (2) Implementation by state racing commission.--A State racing
        commission or other appropriate regulatory body of a State may not
        implement such a component in a manner less restrictive than the
        rule, standard, or requirement established by the Authority.
        (b) Cooperation.--To avoid duplication of functions, facilities,
    and personnel, and to attain closer coordination and greater
    effectiveness and economy in administration of Federal and State law,
    where conduct by any person subject to the horseracing medication
    control program or the racetrack safety program may involve both a
    medication control or racetrack safety rule violation and violation of
    Federal or State law, the Authority and Federal or State law
    enforcement authorities shall cooperate and share information.
    SEC. 1212. DETERMINATION OF BUDGETARY EFFECTS.
        The budgetary effects of this Act, for the purpose of complying
    with the Statutory Pay-As-You-Go Act of 2010, shall be determined by
    reference to the latest statement titled ``Budgetary Effects of PAYGO
    Legislation'' for this Act, submitted for printing in the Congressional
    Record by the Chairman of the House Budget Committee, provided that
    such statement has been submitted prior to the vote on passage.

                 TITLE XIII--COMMUNITY DEVELOPMENT BLOCK GRANTS

    SEC. 1301. COMMUNITY DEVELOPMENT BLOCK GRANTS.
        (a) In General.--Funds previously made available in chapter 9 of
    title X of the Disaster Relief Appropriations Act, 2013 (Public Law
    113-2, division A; 127 Stat. 36) under the heading ``DEPARTMENT OF
    HOUSING AND URBAN DEVELOPMENT--Community Planning and Development--
    Community Development Fund'' that were available for obligation through
    fiscal year 2017 are to remain available through fiscal year 2023 for
    the liquidation of valid obligations incurred in fiscal years 2013
    through 2017.
        (b) Emergency.--Amounts repurposed pursuant to this section that
    were previously designated by the Congress as an emergency requirement
    pursuant to the Balanced Budget and Emergency Deficit Control Act of
    1985 are designated by the Congress as an emergency requirement
    pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and
    Emergency Deficit Control Act of 1985.

                  TITLE XIV--COVID-19 CONSUMER PROTECTION ACT

    SEC. 1401. PROHIBITING DECEPTIVE ACTS OR PRACTICES IN CONNECTION WITH
    THE NOVEL CORONAVIRUS.
        (a) Short Title.--This section may be cited as the ``COVID-19
    Consumer Protection Act''.
        (b) In General.--For the duration of a public health emergency
    declared pursuant to section 319 of the Public Health Service Act (42
    U.S.C. 247d) as a result of confirmed cases of the 2019 novel
    coronavirus (COVID-19), including any renewal thereof, it shall be
    unlawful for any person, partnership, or corporation to engage in a
    deceptive act or practice in or affecting commerce in violation of
    section 5(a) of the Federal Trade Commission Act (15 U.S.C. 45(a)) that
    is associated with--
            (1) the treatment, cure, prevention, mitigation, or diagnosis
        of COVID-19; or
            (2) a government benefit related to COVID-19.
        (c) Enforcement by the Federal Trade Commission.--
            (1) Violation.--A violation of subsection (b) shall be treated
        as a violation of a rule defining an unfair or deceptive act or
        practice prescribed under section 18(a)(1)(B) of the Federal Trade
        Commission Act (15 U.S.C. 57a(a)(1)(B)).
            (2) Powers of the federal trade commission.--
                (A) In general.--The Federal Trade Commission shall enforce
            subsection (b) in the same manner, by the same means, and with
            the same jurisdiction, powers, and duties as though all
            applicable terms and provisions of the Federal Trade Commission
            Act (15 U.S.C. 41 et seq.) were incorporated into and made a
            part of this Act.
                (B) Privileges and immunities.--Any person who violates
            this Act shall be subject to the penalties and entitled to the
            privileges and immunities provided in the Federal Trade
            Commission Act.
            (3) Effect on other laws.--Nothing in this Act shall be
        construed to limit the authority of the Federal Trade Commission
        under any other provision of law.
        (d) Severability.--If any provision of this Act, or the application
    thereof to any person or circumstance, is held invalid, the remainder
    of this Act and the application of such provision to other persons not
    similarly situated or to other circumstances shall not be affected by
    the invalidation.

                         TITLE XV--AMERICAN COMPETE ACT

    SEC. 1501. AMERICAN COMPETITIVENESS OF A MORE PRODUCTIVE EMERGING TECH
    ECONOMY.
        (a) Short Title.--This title may be cited as the ``American
    Competitiveness Of a More Productive Emerging Tech Economy Act'' or the
    ``American COMPETE Act''.
        (b) Study to Advance Artificial Intelligence.--
            (1) In general.--
                (A) Study required.--Not later than 1 year after the date
            of enactment of this Act, the Secretary of Commerce and the
            Federal Trade Commission shall complete a study on the state of
            the artificial intelligence industry and the impact of such
            industry on the United States economy.
                (B) Requirements for study.--In conducting the study, the
            Secretary and the Commission shall--
                    (i) develop and conduct a survey of the artificial
                intelligence industry through outreach to participating
                entities as appropriate to--

                        (I) establish a list of industry sectors that
                    implement and promote the use of artificial
                    intelligence;
                        (II) establish a list of public-private
                    partnerships focused on promoting the adoption and use
                    of artificial intelligence, as well as industry-based
                    bodies, including international bodies, which have
                    developed, or are developing, mandatory or voluntary
                    standards for artificial intelligence;
                        (III) the status of such industry-based mandatory
                    or voluntary standards; and
                        (IV) provide a description of the ways entities or
                    industry sectors implement and promote the use of
                    artificial intelligence;

                    (ii) develop a comprehensive list of Federal agencies
                with jurisdiction over the entities and industry sectors
                identified under clause (i);
                    (iii) identify which Federal agency or agencies listed
                under clause (ii) each entity or industry sector interacts
                with;
                    (iv) identify all interagency activities that are
                taking place among the Federal agencies listed under clause
                (ii), such as working groups or other coordinated efforts;
                    (v) develop a brief description of the jurisdiction and
                expertise of the Federal agencies listed under clause (ii)
                with regard to such entities and industry sectors;
                    (vi) identify all regulations, guidelines, mandatory
                standards, voluntary standards, and other policies
                implemented by each of the Federal agencies identified
                under clause (ii), as well as all guidelines, mandatory
                standards, voluntary standards, and other policies
                implemented by industry-based bodies;
                    (vii) identify Federal Government resources that exist
                for consumers and small businesses to evaluate the use of
                artificial intelligence; and
                    (viii) consult with the Office of Science and
                Technology Policy and interagency efforts on artificial
                intelligence to minimize duplication of activities among
                the Federal agencies identified under clause (ii).
            (2) Marketplace and supply chain survey.--The Secretary and
        Commission shall conduct a survey of the marketplace and supply
        chain of artificial intelligence to--
                (A) identify and assess risks posed to such marketplace and
            supply chain;
                (B) review the ability of foreign governments or third
            parties to exploit the supply chain in a manner that raises
            risks to the economic and national security of the United
            States; and
                (C) identify emerging risks and long-term trends in such
            marketplace and supply chain.
            (3) Report to congress.--Not later than 6 months after the
        completion of the study required under paragraph (1), the Secretary
        and the Commission shall submit to the Committee on Energy and
        Commerce and the Committee on Science, Space, and Technology of the
        House of Representatives, and the Committee on Commerce, Science,
        and Transportation of the Senate, and make publicly available on
        their respective websites, a report that contains--
                (A) the results of the study conducted pursuant to
            paragraph (1) and the survey conducted pursuant to paragraph
            (2); and
                (B) recommendations to--
                    (i) grow the United States economy through the secure
                advancement of artificial intelligence;
                    (ii) develop a national strategy to advance the United
                States business sectors' position in the world on the
                adoption of artificial intelligence;
                    (iii) develop strategies to mitigate current and
                emerging risks to the marketplace and supply chain of
                artificial intelligence; and
                    (iv) develop legislation that--

                        (I) advances the expeditious adoption of artificial
                    intelligence applications in interstate commerce that
                    takes into account findings from available Federal
                    advisory committees that produce recommendations on
                    artificial intelligence to the extent possible; and
                        (II) addresses societal priorities related to the
                    expeditious adoption of artificial intelligence
                    applications in interstate commerce, including but not
                    limited to maintaining ethics, reducing bias, and
                    protecting privacy and security.

        (c) Study to Advance Internet of Things in Manufacturing.--
            (1) In general.--
                (A) Study required.--Not later than 1 year after the date
            of enactment of this Act, the Secretary of Commerce, in
            coordination with the head of any other appropriate Federal
            agency, shall complete a study on the use of internet-connected
            devices and internet-connected solutions in manufacturing in
            the United States.
                (B) Requirements for study.--In conducting the study, the
            Secretary shall--
                    (i) develop and conduct a survey of the manufacturing
                industry through outreach to participating entities as
                appropriate to--

                        (I) establish a list of the industry sectors that
                    implement and promote the use of internet-connected
                    devices and internet-connected solutions in
                    manufacturing;
                        (II) establish a list of public-private
                    partnerships focused on promoting the adoption and use
                    of internet-connected devices and internet-connected
                    solutions in manufacturing, as well as industry-based
                    bodies, including international bodies, that have
                    developed, or are developing, mandatory or voluntary
                    standards for such uses;
                        (III) the status of such industry-based mandatory
                    or voluntary standards;
                        (IV) provide a description of the ways entities or
                    industry sectors implement and promote the use of
                    internet-connected devices and internet-connected
                    solutions in manufacturing;

                    (ii) develop a comprehensive list of Federal agencies
                with jurisdiction over the entities and industry sectors
                identified under clause (i);
                    (iii) identify which Federal agency or agencies listed
                under clause (ii) each entity or industry sector interacts
                with;
                    (iv) identify all interagency activities that are
                taking place among the Federal agencies listed under clause
                (ii), such as working groups or other coordinated efforts;
                    (v) develop a brief description of the jurisdiction and
                expertise of the Federal agencies listed under clause (ii)
                with regard to such entities and industry sectors;
                    (vi) identify all regulations, guidelines, mandatory
                standards, voluntary standards, and other policies
                implemented by each of the Federal agencies identified
                under clause (ii), as well as all guidelines, mandatory
                standards, voluntary standards, and other policies
                implemented by industry-based bodies; and
                    (vii) identify Federal Government resources that exist
                for consumers and small businesses to evaluate the use of
                internet-connected devices and internet-connected solutions
                in manufacturing.
            (2) Marketplace and supply chain survey.--The Secretary shall
        conduct a survey of the marketplace and supply chain of internet-
        connected devices and internet-connected solutions used in
        manufacturing to--
                (A) assess the severity of risks posed to such marketplace
            and supply chain;
                (B) review the ability of foreign governments or third
            parties to exploit the supply chain in a manner that raises
            risks to the economic and national security of the United
            States; and
                (C) identify emerging risks and long-term trends in such
            marketplace and supply chain.
            (3) Report to congress.--Not later than 6 months after the
        completion of the study required pursuant to paragraph (1), the
        Secretary shall submit to the Committee on Energy and Commerce and
        the Committee on Science, Space, and Technology of the House of
        Representatives, and the Committee on Commerce, Science, and
        Transportation of the Senate, and make publicly available on the
        website of the Department of Commerce, a report that contains--
                (A) the results of the study conducted pursuant to
            paragraph (1) and the surveys conducted pursuant to paragraph
            (2); and
                (B) recommendations to--
                    (i) grow the United States economy through the secure
                advancement of the use of internet-connected devices and
                internet-connected solutions in manufacturing;
                    (ii) develop a national strategy to advance the United
                States business sectors' position in the world on the
                adoption of internet-connected devices and internet-
                connected solutions used in manufacturing;
                    (iii) develop strategies to mitigate current and
                emerging risks to the marketplace and supply chain of
                internet-connected devices and internet-connected solutions
                used in manufacturing;
                    (iv) develop policies that States can adopt to
                encourage the growth of manufacturing, including the use of
                internet-connected devices and internet-connected solutions
                in manufacturing; and
                    (v) develop legislation that may advance the
                expeditious adoption of the use of internet-connected
                devices and internet-connected solutions in manufacturing.
        (d) Study to Advance Quantum Computing.--
            (1) In general.--
                (A) Study required.--Not later than 1 year after the date
            of enactment of this Act, the Secretary of Commerce and the
            Federal Trade Commission shall complete a study on the state of
            the quantum computing industry and the impact of such industry
            on the United States economy.
                (B) Requirements for study.--In conducting the study, the
            Secretary and the Commission shall--
                    (i) develop and conduct a survey of the quantum
                computing industry through outreach to participating
                entities as appropriate to--

                        (I) establish a list of industry sectors that
                    implement and promote the use of quantum computing;
                        (II) establish a list of public-private
                    partnerships focused on promoting the adoption and use
                    of quantum computing, as well as industry-based bodies,
                    including international bodies, which have developed,
                    or are developing, mandatory or voluntary standards for
                    quantum computing;
                        (III) the status of such industry-based mandatory
                    or voluntary standards; and
                        (IV) provide a description of the ways entities or
                    industry sectors implement and promote the use of
                    quantum computing;

                    (ii) develop a comprehensive list of Federal agencies
                with jurisdiction over the entities and industry sectors
                identified under clause (i);
                    (iii) identify which Federal agency or agencies listed
                under clause (ii) each entity or industry sector interacts
                with;
                    (iv) identify all interagency activities that are
                taking place among the Federal agencies listed under clause
                (ii), such as working groups or other coordinated efforts;
                    (v) develop a brief description of the jurisdiction and
                expertise of the Federal agencies listed under clause (ii)
                with regard to such entities and industry sectors;
                    (vi) identify all regulations, guidelines, mandatory
                standards, voluntary standards, and other policies
                implemented by each of the Federal agencies identified
                under clause (ii), as well as all guidelines, mandatory
                standards, voluntary standards, and other policies
                implemented by industry-based bodies;
                    (vii) identify Federal Government resources that exist
                for consumers and small businesses to evaluate the use of
                quantum computing; and
                    (viii) consult with the Office of Science and
                Technology Policy and interagency efforts on quantum
                authorized by sections 102 and 103 of the National Quantum
                Initiative Act (Public Law 115-368) to minimize duplication
                of activities in this subparagraph among the Federal
                agencies listed under clause (ii).
            (2) Marketplace and supply chain survey.--The Secretary and
        Commission shall conduct a survey of the marketplace and supply
        chain of quantum computing to--
                (A) assess the severity of risks posed to such marketplace
            and supply chain;
                (B) review the ability of foreign governments or third
            parties to exploit the supply chain in a manner that raises
            risks to the economic and national security of the United
            States; and
                (C) identify emerging risks and long-term trends in such
            marketplace and supply chain.
            (3) Report to congress.--Not later than 6 months after the
        completion of the study required pursuant to paragraph (1), the
        Secretary and the Commission shall submit to the Committee on
        Energy and Commerce and the Committee on Science, Space, and
        Technology of the House of Representatives, and the Committee on
        Commerce, Science, and Transportation of the Senate, and make
        publicly available on their respective websites, a report that
        contains--
                (A) the results of the study conducted pursuant to
            paragraph (1) and the survey conducted pursuant to paragraph
            (2); and
                (B) recommendations to--
                    (i) grow the United States economy through the secure
                advancement of quantum computing;
                    (ii) develop a national strategy to advance the United
                States business sectors' position in the world on the
                adoption of quantum computing;
                    (iii) develop strategies to mitigate current and
                emerging risks to the marketplace and supply chain of
                quantum computing; and
                    (iv) develop legislation that may advance the
                expeditious adoption of quantum computing.
        (e) Study to Advance Blockchain Technology.--
            (1) In general.--
                (A) Study required.--Not later than 1 year after the date
            of enactment of this Act, the Secretary of Commerce and the
            Federal Trade Commission shall complete a study on the state of
            the blockchain technology industry and the impact of such
            industry on the United States economy.
                (B) Requirements for study.--In conducting the study, the
            Secretary and the Commission shall--
                    (i) develop and conduct a survey of the blockchain
                technology industry through outreach to participating
                entities as appropriate to--

                        (I) establish a list of industry sectors that
                    implement and promote the use of blockchain technology;
                        (II) establish a list of public-private
                    partnerships focused on promoting the adoption and use
                    of blockchain technology, as well as industry-based
                    bodies, including international bodies, which have
                    developed, or are developing, mandatory or voluntary
                    standards for blockchain technology;
                        (III) the status of such industry-based mandatory
                    or voluntary standards; and
                        (IV) provide a description of the ways entities or
                    industry sectors implement and promote the use of
                    blockchain technology;

                    (ii) develop a comprehensive list of Federal agencies
                with jurisdiction over the entities and industry sectors
                identified under clause (i);
                    (iii) identify which Federal agency or agencies listed
                under clause (ii) each entity or industry sector interacts
                with;
                    (iv) identify all interagency activities that are
                taking place among the Federal agencies listed under clause
                (ii), such as working groups or other coordinated efforts;
                    (v) develop a brief description of the jurisdiction and
                expertise of the Federal agencies listed under clause (ii)
                with regard to such entities and industry sectors;
                    (vi) identify all regulations, guidelines, mandatory
                standards, voluntary standards, and other policies
                implemented by each of the Federal agencies identified
                under clause (ii), as well as all guidelines, mandatory
                standards, voluntary standards, and other policies
                implemented by industry-based bodies; and
                    (vii) identify Federal Government resources that exist
                for consumers and small businesses to evaluate the use of
                blockchain technology.
            (2) Marketplace and supply chain survey.--The Secretary and
        Commission shall conduct a survey of the marketplace and supply
        chain of blockchain technology to--
                (A) assess the severity of risks posed to such marketplace
            and supply chain;
                (B) review the ability of foreign governments or third
            parties to exploit the supply chain in a manner that raises
            risks to the economic and national security of the United
            States; and
                (C) identify emerging risks and long-term trends in such
            marketplace and supply chain.
            (3) Report to congress.--Not later than 6 months after the
        completion of the study required pursuant to paragraph (1), the
        Secretary and the Commission shall submit to the Committee on
        Energy and Commerce and the Committee on Science, Space, and
        Technology of the House of Representatives, and the Committee on
        Commerce, Science, and Transportation of the Senate, and make
        publicly available on their respective websites, a report that
        contains--
                (A) the results of the study conducted pursuant to
            paragraph (1) and the survey conducted pursuant to paragraph
            (2); and
                (B) recommendations to--
                    (i) grow the United States economy through the secure
                advancement of blockchain technology;
                    (ii) develop a national strategy to advance the United
                States business sectors' position in the world on the
                adoption of blockchain technology;
                    (iii) develop strategies to mitigate current and
                emerging risks to the marketplace and supply chain of
                blockchain technology; and
                    (iv) develop legislation that may advance the
                expeditious adoption of blockchain technology.
        (f) Study to Advance New and Advanced Materials.--
            (1) In general.--
                (A) Study required.--Not later than 1 year after the date
            of enactment of this Act, the Secretary of Commerce and the
            Federal Trade Commission, in coordination with the head of any
            other appropriate Federal agency, shall complete a study on the
            state of new and advanced materials industry, including
            synthetically derived or enhanced natural properties, and the
            impact of such industry on the United States economy.
                (B) Requirements for study.--In conducting the study, the
            Secretary and the Commission shall--
                    (i) develop and conduct a survey of the new and
                advanced materials industry through outreach to
                participating entities as appropriate to--

                        (I) establish a list of industry sectors that
                    implement and promote the use of new and advanced
                    materials;
                        (II) establish a list of public-private
                    partnerships focused on promoting the adoption and use
                    of new and advanced materials, as well as industry-
                    based bodies, including international bodies, which
                    have developed, or are developing, mandatory or
                    voluntary standards for new and advanced materials;
                        (III) the status of such industry-based mandatory
                    or voluntary standards; and
                        (IV) provide a description of the ways entities or
                    industry sectors implement and promote the use of new
                    and advanced materials;

                    (ii) develop a comprehensive list of Federal agencies
                with jurisdiction over the entities and industry sectors
                identified under clause (i);
                    (iii) identify which Federal agency or agencies listed
                under clause (ii) each entity or industry sector interacts
                with;
                    (iv) identify all interagency activities that are
                taking place among the Federal agencies listed under clause
                (ii), such as working groups or other coordinated efforts;
                    (v) develop a brief description of the jurisdiction and
                expertise of the Federal agencies listed under clause (ii)
                with regard to such entities and industry sectors;
                    (vi) identify all regulations, guidelines, mandatory
                standards, voluntary standards, and other policies
                implemented by each of the Federal agencies identified
                under clause (ii), as well as all guidelines, mandatory
                standards, voluntary standards, and other policies
                implemented by industry-based bodies; and
                    (vii) identify Federal Government resources that exist
                for consumers and small businesses to evaluate the use of
                new and advanced materials.
            (2) Marketplace and supply chain survey.--The Secretary and
        Commission shall conduct a survey of the marketplace and supply
        chain of new and advanced materials to--
                (A) assess the severity of risks posed to such marketplace
            and supply chain;
                (B) review the ability of foreign governments or third
            parties to exploit the supply chain in a manner that raises
            risks to the economic and national security of the United
            States; and
                (C) identify emerging risks and long-term trends in such
            marketplace and supply chain.
            (3) Report to congress.--Not later than 6 months after the
        completion of the study required pursuant to paragraph (1), the
        Secretary and the Commission shall submit to the Committee on
        Energy and Commerce and the Committee on Science, Space, and
        Technology of the House of Representatives, and the Committee on
        Commerce, Science, and Transportation of the Senate, and make
        publicly available on their respective websites, a report that
        contains--
                (A) the results of the study conducted pursuant to
            paragraph (1) and the survey conducted pursuant to paragraph
            (2); and
                (B) recommendations to--
                    (i) grow the United States economy through the secure
                advancement of new and advanced materials;
                    (ii) develop a national strategy to advance the United
                States business sectors' position in the world on the
                adoption of new and advanced materials;
                    (iii) develop strategies to mitigate current and
                emerging risks to the marketplace and supply chain of new
                and advanced materials; and
                    (iv) develop legislation that may advance the
                expeditious adoption of new and advanced materials.
        (g) Study to Advance Unmanned Delivery Services.--
            (1) In general.--
                (A) Study required.--Not later than 1 year after the date
            of enactment of this Act, the Secretary of Commerce, in
            coordination with the head of any other appropriate Federal
            agency, shall complete a study on the impact of unmanned
            delivery services on United States businesses conducting
            interstate commerce.
                (B) Requirements for study.--In conducting the study, the
            Secretary shall do the following:
                    (i) Conduct a survey through outreach to participating
                entities to--

                        (I) establish a list of the industry sectors that
                    develop and use unmanned delivery services, including
                    the use of autonomous vehicles, drones, and robots;
                        (II) review how unmanned delivery services are
                    currently being used and any potential future
                    applications of such services;
                        (III) identify any challenges to the development
                    and adoption of unmanned delivery services;
                        (IV) review how such services may be used to--

                            (aa) deliver groceries, meals, medications, and
                        other necessities to senior citizens, people with
                        disabilities, and people without access to
                        traditional public transportation;
                            (bb) address challenges public health
                        emergencies present, including delivering
                        groceries, meals, medications, medical supplies,
                        and other necessities during such emergencies; and
                            (cc) any other potential use of such services;

                        (V) identify any safety risks associated with the
                    adoption of unmanned delivery services on roads, in the
                    air, or other environments, including any dangers posed
                    to pedestrians, bicyclists, motorcyclists, motorists,
                    or property;
                        (VI) identify the effect of unmanned delivery
                    services on traffic safety and congestion;
                        (VII) evaluate the extent to which software,
                    technology, and infrastructure behind unmanned delivery
                    services are developed and manufactured in the United
                    States;
                        (VIII) identify the number and types of jobs that
                    may be lost or substantially changed due to the
                    development and adoption of unmanned delivery services;
                        (IX) identify the number and types of jobs that may
                    be created due to the development and adoption of
                    unmanned delivery services; and
                        (X) evaluate the effect of the adoption unmanned
                    delivery services on job quality for low, middle, and
                    high-skilled workers.

                    (ii) Develop and conduct a survey of Federal activity
                related to unmanned delivery services to--

                        (I) establish a list of Federal agencies asserting
                    jurisdiction over industry sectors identified under
                    clause (i)(II);
                        (II) develop a brief description of the
                    jurisdiction and expertise of the Federal agencies
                    regarding unmanned delivery services; and
                        (III) identify all interagency activities regarding
                    unmanned delivery services.

                    (iii) Conduct a survey of the marketplace and supply
                chain of unmanned delivery services to--

                        (I) assess the severity of risks posed to such
                    marketplace and supply chain;
                        (II) review the ability of foreign governments or
                    third parties to exploit such supply chain in a manner
                    that raises risks to the economic and national security
                    of the United States; and
                        (III) identify emerging risks and long-term trends
                    in such marketplace and supply chain.

                (C) Report to congress.--Not later than 6 months after the
            completion of the study required pursuant to paragraph (1), the
            Secretary, in coordination with the head of any other
            appropriate Federal agency, shall submit to the Committee on
            Energy and Commerce and the Committee on Science, Space, and
            Technology of the House of Representatives, and the Committee
            on Commerce, Science, and Transportation of the Senate, and
            make publicly available on the website of the Department of
            Commerce, a report that contains--
                    (i) the results of the study conducted under paragraph
                (1); and
                    (ii) recommendations to--

                        (I) develop and implement a comprehensive plan to
                    promote the development and adoption of unmanned
                    delivery services in the United States;
                        (II) develop policies that States can adopt to
                    encourage the development and adoption of unmanned
                    delivery services;
                        (III) develop a national strategy to advance the
                    United States position in the world on the development
                    and adoption of unmanned delivery services, and
                    manufacture of technology behind unmanned delivery
                    services;
                        (IV) develop strategies to mitigate current and
                    emerging risks to the marketplace and supply chain of
                    unmanned delivery services; and
                        (V) develop legislation to accomplish such
                    recommendations.

        (h) Study to Advance Internet of Things.--
            (1) Study.--The Secretary of Commerce shall conduct a study on
        the state of the internet-connected devices industry (commonly
        known as the ``Internet of Things'') in the United States. In
        conducting the study, the Secretary shall--
                (A) develop and conduct a survey of the internet-connected
            devices industry through outreach to participating entities as
            appropriate, including--
                    (i) a list of the industry sectors that develop
                internet-connected devices;
                    (ii) a list of public-private partnerships focused on
                promoting the adoption and use of internet-connected
                devices, as well as industry-based bodies, including
                international bodies, which have developed, or are
                developing, mandatory or voluntary standards for internet-
                connected devices;
                    (iii) the status of the industry-based mandatory or
                voluntary standards identified in clause (ii); and
                    (iv) a description of the ways entities or industry
                sectors develop, use, or promote the use of internet-
                connected devices;
                (B) develop a comprehensive list of Federal agencies with
            jurisdiction over the entities and industry sectors identified
            under subparagraph (A);
                (C) identify which Federal agency or agencies listed under
            subparagraph (B) each entity or industry sector interacts with;
                (D) identify all interagency activities that are taking
            place among the Federal agencies listed under subparagraph (B),
            such as working groups or other coordinated efforts;
                (E) develop a brief description of the jurisdiction and
            expertise of the Federal agencies listed under subparagraph (B)
            with regard to such entities and industry sectors;
                (F) identify all regulations, guidelines, mandatory
            standards, voluntary standards, and other policies implemented
            by each of the Federal agencies identified under subparagraph
            (B), as well as all guidelines, mandatory standards, voluntary
            standards, and other policies implemented by industry-based
            bodies; and
                (G) identify Federal Government resources that exist for
            consumers and small businesses to evaluate internet-connected
            devices.
            (2) Report to congress.--Not later than 1 year after the date
        of enactment of this Act, the Secretary shall submit to the
        Committee on Energy and Commerce and the Committee on Science,
        Space, and Technology of the House of Representatives, and the
        Committee on Commerce, Science, and Transportation of the Senate,
        and make publicly available on the website of the Department of
        Commerce, a report that contains--
                (A) the results of the study conducted under paragraph (1);
            and
                (B) recommendations of the Secretary for growth of the
            United States economy through the secure advancement of
            internet-connected devices.
            (3) Definitions.--In this subsection--
                (A) the term ``Federal agency'' means an agency, as defined
            in section 551 of title 5, United States Code; and
                (B) the term ``internet-connected device'' means a physical
            object that--
                    (i) is capable of connecting to the internet, either
                directly or indirectly through a network, to communicate
                information at the direction of an individual; and
                    (ii) has computer processing capabilities for
                collecting, sending, receiving, or analyzing data.
        (i) Study to Advance Three-dimensional Printing.--
            (1) In general.--
                (A) Study required.--Not later than 1 year after the date
            of enactment of this Act, the Secretary of Commerce, in
            coordination with the head of any other appropriate Federal
            agency, shall complete a study on the state of the three-
            dimensional printing industry and the impact of such industry
            on the United States economy.
                (B) Requirements for study.--In conducting the study, the
            Secretary shall--
                    (i) develop and conduct a survey of the three-
                dimensional printing industry through outreach to
                participating entities as appropriate to--

                        (I) establish a list of industry sectors that
                    implement and promote the use of three-dimensional
                    printing;
                        (II) establish a list of public-private
                    partnerships focused on promoting the adoption and use
                    of three-dimensional printing, as well as industry-
                    based bodies, including international bodies, which
                    have developed, or are developing, mandatory or
                    voluntary standards for three-dimensional printing;
                        (III) the status of such industry-based mandatory
                    or voluntary standards; and
                        (IV) provide a description of the ways entities or
                    industry sectors implement and promote the use of
                    three-dimensional printing;

                    (ii) develop a comprehensive list of Federal agencies
                with jurisdiction over the entities and industry sectors
                identified under clause (i);
                    (iii) identify which Federal agency or agencies listed
                under clause (ii) each entity or industry sector interacts
                with;
                    (iv) identify all interagency activities that are
                taking place among the Federal agencies listed under clause
                (ii), such as working groups or other coordinated efforts;
                    (v) develop a brief description of the jurisdiction and
                expertise of the Federal agencies listed under clause (ii)
                with regard to such entities and industry sectors;
                    (vi) identify all regulations, guidelines, mandatory
                standards, voluntary standards, and other policies
                implemented by each of the Federal agencies identified
                under clause (ii), as well as all guidelines, mandatory
                standards, voluntary standards, and other policies
                implemented by industry-based bodies; and
                    (vii) identify Federal Government resources that exist
                for consumers and small businesses to evaluate the use of
                three-dimensional printing.
            (2) Marketplace and supply chain survey.--The Secretary shall
        conduct a survey of the marketplace and supply chain of three-
        dimensional printing to--
                (A) assess the severity of risks posed to such marketplace
            and supply chain;
                (B) review the ability of foreign governments or third
            parties to exploit the supply chain in a manner that raises
            risks to the economic and national security of the United
            States; and
                (C) identify emerging risks and long-term trends in such
            marketplace and supply chain.
            (3) Report to congress.--Not later than 6 months after the
        completion of the study required pursuant to paragraph (1), the
        Secretary shall submit to the Committee on Energy and Commerce and
        the Committee on Science, Space, and Technology of the House of
        Representatives, and the Committee on Commerce, Science, and
        Transportation of the Senate, and make publicly available on the
        website of the Department of Commerce, a report that contains--
                (A) the results of the study conducted pursuant to
            paragraph (1) and the survey conducted pursuant to paragraph
            (2); and
                (B) recommendations to--
                    (i) grow the United States economy through the secure
                advancement of three-dimensional printing;
                    (ii) develop a national strategy to advance the United
                States business sectors' position in the world on the
                adoption of three-dimensional printing;
                    (iii) develop strategies to mitigate current and
                emerging risks to the marketplace and supply chain of
                three-dimensional printing; and
                    (iv) develop legislation that may advance the
                expeditious adoption of three-dimensional printing.
        (j) Study to Combat Online Harms Through Innovation.--
            (1) In general.--
                (A) Study required.--Not later than 1 year after the date
            of enactment of this Act, the Federal Trade Commission shall
            conduct and complete a study on how artificial intelligence may
            be used to address the online harms described in subparagraph
            (B).
                (B) Requirements for study.--In conducting the study, the
            Commission shall consider whether and how artificial
            intelligence may be used to identify, remove, or take any other
            appropriate action necessary to address the following online
            harms:
                    (i) Deceptive and fraudulent content intended to scam
                or otherwise harm individuals, including such practices
                directed at senior citizens.
                    (ii) Manipulated content intended to mislead
                individuals, including deepfake videos and fake individual
                reviews.
                    (iii) Website or mobile application interfaces designed
                to intentionally mislead or exploit individuals.
                    (iv) Illegal content online, including the illegal sale
                of opioids, child sexual exploitation and abuse, revenge
                pornography, harassment, cyberstalking, hate crimes, the
                glorification of violence or gore, and incitement of
                violence.
                    (v) Terrorist and violent extremists' abuse of digital
                platforms, including the use of such platforms to promote
                themselves, share propaganda, and glorify real-world acts
                of violence.
                    (vi) Disinformation campaigns coordinated by
                inauthentic accounts or individuals to influence United
                States elections.
                    (vii) The sale of counterfeit products.
            (2) Report to congress.--Not later than 6 months after the
        completion of the study required pursuant to paragraph (1), the
        Commission shall submit to the Committee on Energy and Commerce and
        the Committee on Science, Space, and Technology of the House of
        Representatives, and the Committee on Commerce, Science, and
        Transportation of the Senate, and make publicly available on its
        website, a report that contains--
                (A) the results of the study conducted under paragraph (1);
                (B) recommendations on how artificial intelligence may be
            used to address the online harms described in paragraph (1)(B);
                (C) recommendations on what reasonable policies, practices,
            and procedures may be implemented to utilize artificial
            intelligence to address such online harms; and
                (D) recommendations for any legislation that may advance
            the adoption and use of artificial intelligence to address such
            online harms.
        (k) Combination of Studies Authorized.--The Secretary of Commerce
    and the Federal Trade Commission, after notifying the Committee on
    Energy and Commerce of the House of Representatives and the Committee
    on Commerce, Science, and Transportation of the Senate, may combine any
    of the studies required pursuant to this Act.
        (l) Protection of National Security.--
            (1) Information exempt from public disclosure.--Nothing in this
        Act shall be construed to require the disclosure of information,
        records, or reports that are exempt from public disclosure under
        section 552 of title 5, United States Code, or that may be withheld
        under section 552a of title 5, United States Code.
            (2) Classified and certain other information.--Nothing in this
        Act shall be construed to require the publication, on a website or
        otherwise, of any report containing information that is classified,
        or the public release of which could have a harmful effect on
        national security.
            (3) Form of reports to congress.--In the case of each report
        that is required by this Act to be submitted to a committee of
        Congress, such report shall be submitted in unclassified form, but
        may include a classified annex.
            (4) Submission of reports to congressional intelligence
        committees.--In the case of each report that is required by this
        Act to be submitted to a committee of Congress, such report shall
        also be submitted to the Permanent Select Committee on Intelligence
        of the House of Representatives and the Select Committee on
        Intelligence of the Senate.
        (m) Appropriations Required.--This Act is subject to appropriations
    that may be available for the Department of Commerce or the Federal
    Trade Commission, as applicable.

       TITLE XVI--RECORDING OF CERTAIN OBLIGATIONS BY THE DEPARTMENT OF
                                VETERANS AFFAIRS

    SEC. 1601. RECORDING OF OBLIGATIONS.
        Hereafter, subject to the availability of appropriations, the
    Secretary of Veterans Affairs shall record as an obligation of the
    United States Government amounts owed for hospital care or medical
    services furnished at non-Department facilities under title 38, United
    States Code, or Acts making appropriations for the Department of
    Veterans Affairs, on the date on which the Secretary approves: (i) a
    claim by a health care provider for payment or (ii) a voucher, invoice,
    or request for payment from a vendor for services rendered under a
    contract:  Provided, That for any fiscal year in which an appropriation
    for the payment of hospital care or medical services furnished at non-
    Department facilities has been exhausted or has yet to be enacted, this
    title shall not provide the Secretary of Veterans Affairs with the
    authority to issue any new authorizations or orders for such care or
    such services in advance of such appropriation:  Provided further, That
    this title shall take effect as if enacted on October 1, 2018:
    Provided further, That not later than 30 days after the date of
    enactment of this Act, the Department of Veterans Affairs, in
    consultation with the Office of Management and Budget, shall submit a
    report to the President and the Congress, similar to the report
    required pursuant to 31 U.S.C. 1351, detailing how, in the absence of
    the enactment of this title, the expenditures or obligations would have
    exceeded the amount available in fiscal year 2019 and fiscal year 2020
    in the Medical Community Care appropriation:  Provided further, That
    the report required in the preceding proviso shall also include an
    explanation as to how the Department plans to avoid incurring
    obligations for the Medical Community Care appropriation in excess of
    its available budgetary resources in fiscal year 2021 and future fiscal
    years pursuant to the recording of obligations required by this title.

                      TITLE XVII--SUDAN CLAIMS RESOLUTION

    SEC. 1701. SHORT TITLE.
        This title may be cited as the ``Sudan Claims Resolution Act''.
    SEC. 1702. SENSE OF CONGRESS.
        It is the sense of Congress that--
            (1) the United States should support Sudan's democratic
        transition, particularly in light of the country's dire economic
        situation, and this is a critical moment to address longstanding
        issues in the relationship between the United States and Sudan;
            (2) as part of the process of restoring normal relations
        between Sudan and the United States, Congress supports efforts to
        provide meaningful compensation to individuals employed by or
        serving as contractors for the United States Government, as well as
        their family members, who personally have been awarded by a United
        States District Court a judgment for compensatory damages against
        Sudan; and
            (3) the terrorism-related claims of victims and family members
        of the September 11, 2001, terrorist attacks must be preserved and
        protected.
    SEC. 1703. DEFINITIONS.
        In this Act:
            (1) Appropriate congressional committees.--The term
        ``appropriate congressional committees'' means--
                (A) the Committee on Foreign Relations and the Committee on
            the Judiciary of the Senate; and
                (B) the Committee on Foreign Affairs and the Committee on
            the Judiciary of the House of Representatives.
            (2) Claims agreement.--The term ``claims agreement'' means the
        Claims Settlement Agreement Between the Government of the United
        States of America and the Government of the Republic of the Sudan,
        done at Washington, D.C., on October 30, 2020, including all
        annexes, appendices, side letters, related agreements, and
        instruments for implementation, including the escrow agreement
        among the Central Bank of Sudan, the Federal Reserve Bank of New
        York, and the escrow agent appointed thereby, as well as the escrow
        conditions release agreement, set out in an exchange of diplomatic
        notes between the United States and Sudan on October 21, 2020, and
        subsequently amended on December 19, 2020.
            (3) Foreign national.--The term ``foreign national'' means an
        individual who is not a citizen of the United States.
            (4) Secretary.--The term ``Secretary'' means the Secretary of
        State.
            (5) State sponsor of terrorism.--The term ``state sponsor of
        terrorism'' means a country the government of which the Secretary
        has determined is a government that has repeatedly provided support
        for acts of international terrorism, for purposes of--
                (A) section 1754(c)(1)(A)(i) of the Export Control Reform
            Act of 2018 (50 U.S.C. 4813(c)(1)(A)(i));
                (B) section 620A of the Foreign Assistance Act of 1961 (22
            U.S.C. 2371);
                (C) section 40(d) of the Arms Export Control Act (22 U.S.C.
            2780(d)); or
                (D) any other provision of law.
            (6) Sudan.--The term ``Sudan'' means the Government of the
        Republic of the Sudan.
    SEC. 1704. RECEIPT OF ADEQUATE FUNDS; IMMUNITIES OF SUDAN.
        (a) Immunity.--
            (1) In general.--Subject to section 1706, and notwithstanding
        any other provision of law, upon submission of a certification
        described in paragraph (2)--
                (A) Sudan, an agency or instrumentality of Sudan, and the
            property of Sudan or an agency or instrumentality of Sudan,
            shall not be subject to the exceptions to immunity from
            jurisdiction, liens, attachment, and execution under section
            1605(a)(7) (as such section was in effect on January 27, 2008)
            or section 1605A or 1610 (insofar as section 1610 relates to a
            judgment under such section 1605(a)(7) or 1605A) of title 28,
            United States Code;
                (B) section 1605A(c) of title 28, United States Code,
            section 1083(c) of the National Defense Authorization Act for
            Fiscal Year 2008 (Public Law 110-181; 28 U.S.C. 1605A note),
            section 589 of the Foreign Operations, Export Financing, and
            Related Programs Appropriations Act, 1997 (Public Law 104-208;
            28 U.S.C. 1605 note), and any other private right of action
            relating to acts by a state sponsor of terrorism arising under
            Federal, State, or foreign law shall not apply with respect to
            claims against Sudan, or any of its agencies,
            instrumentalities, officials, employees, or agents in any
            action in a Federal or State court; and
                (C) any attachment, decree, lien, execution, garnishment,
            or other judicial process brought against property of Sudan, or
            property of any agency, instrumentality, official, employee, or
            agent of Sudan, in connection with an action that is precluded
            by subparagraph (A) or (B) shall be void.
            (2) Certification.--A certification described in this paragraph
        is a certification by the Secretary to the appropriate
        congressional committees stating that--
                (A) the August 12, 1993, designation of Sudan as a state
            sponsor of terrorism has been formally rescinded;
                (B) Sudan has made final payments with respect to the
            private settlement of the claims of victims of the U.S.S. Cole
            attack; and
                (C) the United States Government has received funds
            pursuant to the claims agreement that are sufficient to
            ensure--
                    (i) payment of the agreed private settlement amount for
                the death of a citizen of the United States who was an
                employee of the United States Agency for International
                Development in Sudan on January 1, 2008;
                    (ii) meaningful compensation for claims of citizens of
                the United States (other than individuals described in
                section 1707(a)(1)) for wrongful death or physical injury
                in cases arising out of the August 7, 1998, bombings of the
                United States embassies located in Nairobi, Kenya, and Dar
                es Salaam, Tanzania; and
                    (iii) funds for compensation through a fair process to
                address compensation for terrorism-related claims of
                foreign nationals for wrongful death or physical injury
                arising out of the events referred to in clause (ii).
        (b) Scope.--Subject to section 1706, subsection (a) of this section
    shall apply to all conduct and any event occurring before the date of
    the certification described in subsection (a)(2), regardless of
    whether, or the extent to which, application of that subsection affects
    any action filed before, on, or after that date.
        (c) Authority of the Secretary.--The certification by the Secretary
    referred to in subsection (a)(2) may not be delegated and may not be
    subject to judicial review.
    SEC. 1705. REAUTHORIZATION OF AND MODIFICATIONS TO UNITED STATES
    VICTIMS OF STATE SPONSORED TERRORISM FUND.
        (a) In General.--The Justice for United States Victims of State
    Sponsored Terrorism Act (34 U.S.C. 20144) is amended--
            (1) in subsection (c)(2)(A)(i), by striking ``state sponsor of
        terrorism'' and inserting ``foreign state that was designated as a
        state sponsor of terrorism at the time the acts described in clause
        (ii) occurred or was so designated as a result of such acts'';
            (2) in subsection (e)(6), by striking ``January 2, 2030'' each
        place it appears and inserting ``January 2, 2039''; and
            (3) in subsection (j)(6), in the first sentence, by inserting
        after ``final judgment'' the following: ``, except that the term
        does not include payments received in connection with an
        international claims agreement to which the United States is a
        state party or any other settlement of terrorism-related claims
        against Sudan''.
        (b) Lump Sum Catch-up Payments for 9/11 Victims, 9/11 Spouses, and
    9/11 Dependents.--Subsection (d)(4) of the Justice for United States
    Victims of State Sponsored Terrorism Act (34 U.S.C. 20144) is amended--
            (1) in subparagraph (A), by striking ``subparagraph (B)'' and
        inserting ``subparagraphs (B) and (C)''; and
            (2) by adding at the end the following:
                ``(C) Lump sum catch-up payments for 9/11 victims, 9/11
            spouses, and 9/11 dependents.--
                    ``(i) In general.--Not later than 90 days after the
                date of enactment of this subparagraph, and in accordance
                with clauses (i) and (ii) of subsection (d)(3)(A), the
                Comptroller General of the United States shall conduct an
                audit and publish in the Federal Register a notice of
                proposed lump sum catch-up payments to 9/11 victims, 9/11
                spouses, and 9/11 dependents who have submitted
                applications in accordance with subparagraph (B) in amounts
                that, after receiving the lump sum catch-up payments, would
                result in the percentage of the claims of 9/11 victims, 9/
                11 spouses, and 9/11 dependents received from the Fund
                being equal to the percentage of the claims of 9/11 family
                members received from the Fund, as of the date of enactment
                of this subparagraph.
                    ``(ii) Public comment.--The Comptroller General shall
                provide an opportunity for public comment for a 30-day
                period beginning on the date on which the notice is
                published under clause (i).
                    ``(iii) Report.--Not later than 30 days after the
                expiration comment period in clause (ii), the Comptroller
                General of the United States shall submit to the Committee
                on the Judiciary and the Committee on Appropriations of the
                Senate, the Committee on the Judiciary and the Committee on
                Appropriations of the House of Representatives, and the
                Special Master a report that includes the determination of
                the Comptroller General on--

                        ``(I) the amount of the lump sum catch-up payment
                    for each 9/11 victim;
                        ``(II) the amount of the lump sum catch-up payment
                    for each 9/11 spouse;
                        ``(III) the amount of the lump sum catch-up payment
                    for each 9/11 dependent; and
                        ``(IV) the total amount of lump sum catch-up
                    payments described in subclauses (I) through (III).''.

    SEC. 1706. PRESERVATION OF CERTAIN PENDING INTERNATIONAL TERRORISM
    CLAIMS AGAINST SUDAN.
        (a) Findings.--Congress makes the following findings:
            (1) It is the long-standing policy of the United States that
        civil lawsuits against those who support, aid and abet, and provide
        material support for international terrorism serve the national
        security interests of the United States by deterring the
        sponsorship of terrorism and by advancing interests of justice,
        transparency, and accountability.
            (2) Neither the claims agreement, nor any other aspect of the
        effort to normalize relations with Sudan--
                (A) resolved claims against Sudan involving victims and
            family members of the September 11, 2001, terrorist attacks; or
                (B) otherwise advanced the interests of the victims and
            family members of the September 11, 2001, terrorist attacks.
            (3) The claims referenced in paragraph (2)(A) remain pending in
        the multidistrict proceeding 03-MDL-1570 in the United States
        District Court for the Southern District of New York, and
        subsection (c) preserves and protects those claims.
        (b) Sense of Congress.--It is the sense of Congress that the
    executive branch should not file a Statement of Interest or any other
    submission, or intervene in any other way, in the multidistrict
    proceeding 03-MDL-1570, in connection to the rescission of the
    designation of Sudan as a state sponsor of terrorism or the restoration
    of Sudan's immunities from jurisdiction and execution in conformity
    with this Act, if such action would disadvantage terrorism victims.
        (c) In General.--Nothing in this Act shall apply to, be construed
    to apply to, or otherwise affect--
            (1) any claim in any of the proceedings comprising the
        multidistrict proceeding 03-MDL-1570 in the United States District
        Court for the Southern District of New York brought by any person
        who, as of the date of the enactment of this Act, has a claim
        pending against Sudan (including as a member of a class certified
        under Rule 23 of the Federal Rules of Civil Procedure or as a
        putative member of such a class pending certification); or
            (2) the enforcement of any judgment in favor of such person
        entered in such proceeding.
        (d) Applicable Law.--Proceedings described in subsection (c) shall
    be governed by applicable law in effect before the date of the
    enactment of this Act, including--
            (1) chapter 97 of title 28, United States Code (commonly known
        as the ``Foreign Sovereign Immunities Act of 1976''), including 28
        U.S.C. 1605A note;
            (2) section 201 of the Terrorism Risk Insurance Act of 2002
        (Public Law 107-297; 28 U.S.C. 1610 note), with respect to any
        asset that, on or after the date of enactment of this Act, is
        designated as a blocked asset (as defined in subsection (d)(2) of
        that section);
            (3) rules governing the rights of parties to amend pleadings;
        and
            (4) other relevant provisions of law.
        (e) Rule of Construction.--Nothing in this section shall alter,
    impact the interpretation of, or otherwise affect--
            (1) any section of chapter 97 of title 28, United States Code;
        or
            (2) any other provision of law.
    SEC. 1707. COMPENSATION FOR CERTAIN NATURALIZED UNITED STATES CITIZENS
    AND FOREIGN NATIONALS.
        (a) Compensation.--
            (1) In general.--There is authorized to be appropriated
        $150,000,000 for payment of compensation, notwithstanding any other
        provision of law, to any individual who--
                (A) has been awarded a judgment in any of the cases set
            forth in section (c) of the Annex to the claims agreement; and
                (B) is--
                    (i) a United States employee or contractor injured in
                connection with the bombings of the United States embassies
                located in Nairobi, Kenya, and Dar es Salaam, Tanzania, who
                became a United States citizen after August 7, 1998, and
                before the date of the enactment of this Act;
                    (ii) a family member--

                        (I) of a United States employee or contractor
                    injured in connection with the bombings of the United
                    States embassies located in Nairobi, Kenya, and Dar es
                    Salaam, Tanzania; and
                        (II) who is a United States citizen as of the date
                    of the enactment of this Act; or

                    (iii) a family member--

                        (I) of a foreign national United States employee or
                    contractor killed during those bombings; and
                        (II) who is a United States citizen as of the date
                    of the enactment of this Act.

            (2) Payments.--With the requirement of achieving parity in
        compensation between individuals who became United States citizens
        after August 7, 1998, and individuals who were United States
        citizens on or before August 7, 1998, payment of compensation under
        paragraph (1) to--
                (A) an individual described in paragraph (1)(B)(i) shall be
            based on the same standards used to determine the compensation
            for an employee or contractor injured in connection with the
            bombings described in that paragraph who was a United States
            citizen on or before August 7, 1998;
                (B) an individual described in paragraph (1)(B)(ii) shall
            be on an equal basis to compensation provided to a family
            member of an individual described in subparagraph (A); and
                (C) an individual described in paragraph (1)(B)(iii) shall
            be on an equal, or, where applicable, a pro rata basis to
            compensation provided to a family member of a United States
            employee or contractor who was a United States citizen killed
            during such bombings.
        (b) Distribution and Requirements.--
            (1) Distribution.--The Secretary shall distribute payments from
        funds made available to carry out subsection (a)(1) to individuals
        described in that subsection.
            (2) Authorization letter.--Not later than December 31, 2021,
        the Secretary shall send a letter to each individual who will
        receive payment under paragraph (1) informing the individual of the
        amount of compensation the individual will receive pending the
        execution of any writings under paragraph (3), and the standards
        used to determine compensation under subsection (a)(2), taking into
        account the individual's final judgment amount.
            (3) Requirement before distribution.--Before making a payment
        to an individual under paragraph (1), and after the delivery of the
        authorization letter under paragraph (2), the Secretary shall
        require the individual to execute a writing that includes a waiver
        and release of all the individual's rights to assert claims for
        compensatory or other relief in any form or to enforce any judgment
        against Sudan in connection with, and any claims against the United
        States related to, any claim, suit, or action specified in Article
        II of the claims agreement.
        (c) Foreign Nationals.--Notwithstanding any other provision of law
    or the claims agreement--
            (1) individuals described in subsection (a)(1) are not eligible
        to receive any compensation as provided by Sudan pursuant to
        Article III of the claims agreement; and
            (2) the funds provided by Sudan for distribution of
        compensation to such individuals pursuant to the Annex of the
        claims agreement shall be redistributed--
                (A) among all other individuals eligible for compensation
            under section (c) of the Annex to the claims agreement
            consistent with the principles set out in that Annex; or
                (B) if Sudan and the foreign nationals eligible for
            compensation reach a private settlement, then pursuant to the
            terms of that settlement.
        (d) Department of State Reporting Requirements.--
            (1) Initial report.--Not later than 90 days after the date of
        the enactment of this Act, the Secretary shall submit to the
        appropriate congressional committees a report that includes a
        detailed description of the plan of the Department of State for the
        distribution of payments to each category of individual described
        in subsection (a)(1), including how the Department is arriving at
        compensation levels for each individual and the amount of
        compensation each such individual will receive from funds made
        available to carry out that subsection.
            (2) Updated report.--Not later than December 31, 2021, the
        Secretary shall submit to the appropriate congressional committees
        a report describing--
                (A) whether the distribution plan described in paragraph
            (1) was carried out; and
                (B) whether compensation levels were provided as described
            in the report required by paragraph (1).
        (e) Comptroller General Report.--Not later than December 31, 2022,
    the Comptroller General of the United States shall submit to the
    appropriate congressional committees a report assessing the
    implementation of this section by the Department of State, including
    whether--
            (1) all distributions were made in accordance with the
        requirements of subsections (a), (b), and (c); and
            (2) all individuals described in subsection (a)(1) received
        compensation from amounts made available to carry out that
        subsection in the manner described in subsection (a)(2).
    SEC. 1708. TREATY AND EXECUTIVE AGREEMENT PRACTICE.
        (a) Findings.--Congress makes the following findings:
            (1) Congress and the executive branch share responsibility for
        the foreign relations of the United States pursuant to Article I
        and Article II of the Constitution of the United States.
            (2) All legislative powers of the Federal Government, including
        on matters of foreign relations, are vested in the Congress of the
        United States pursuant to section 1 of Article I of the
        Constitution.
            (3) The executive branch may not direct Congress to take any
        action, nor may it convey any legislative or other power assigned
        to Congress under the Constitution to any entity, domestic or
        foreign.
            (4) The original escrow release conditions agreement prescribed
        specific legislative text and purported both to require enactment
        of such text and provide a veto to Sudan over exceptions to that
        text.
            (5) Congress rejected the approach described in paragraph (4).
            (6) The executive branch and Sudan subsequently amended the
        escrow release conditions agreement to eliminate the specific
        legislative text as well as the purported requirement for enactment
        and the purported veto over exceptions to that text.
        (b) Amendment to Case-Zablocki Act.--Section 112b of title 1,
    United States Code, is amended by adding at the end the following:
        ``(g) It is the sense of Congress that the executive branch should
    not prescribe or otherwise commit to or include specific legislative
    text in a treaty or executive agreement unless Congress has authorized
    such action.''.

    TITLE XVIII--THEODORE ROOSEVELT PRESIDENTIAL LIBRARY CONVEYANCE ACT OF
                                      2020

    SEC. 1801. SHORT TITLE.
        This title may be cited as the ``Theodore Roosevelt Presidential
    Library Conveyance Act of 2020''.
    SEC. 1802. DEFINITIONS.
        In this Act:
            (1) Map.--The term ``map'' means the map entitled ``Project
        Number P08122-2016-009'', depicting a 93 acre site in sections 21
        and 28, T. 140 N., R. 102 W., Billings County, North Dakota, and
        dated December 8, 2020.
            (2) Presidential library.--The term ``Presidential Library''
        means the Theodore Roosevelt Presidential Library Foundation, a
        North Dakota nonprofit corporation.
            (3) Secretary.--The term ``Secretary'' means the Secretary of
        Agriculture, acting through the Chief of the Forest Service.
    SEC. 1803. CONVEYANCE OF CERTAIN NATIONAL FOREST SYSTEM LAND TO THE
    PRESIDENTIAL LIBRARY.
        (a) Conveyance.--Subject to this section, if the Presidential
    Library submits to the Secretary not later than 1 year after the date
    of enactment of this Act a written request for the conveyance of the
    approximately 93 acres of National Forest System land, as generally
    depicted on the map, the Secretary shall, on the earliest date
    practicable, convey to the Presidential Library by quitclaim deed all
    right, title, and interest of the United States in and to that land.
        (b) Consideration.--As consideration for the conveyance of land
    under subsection (a), the Presidential Library shall pay to the
    Secretary an amount equal to the market value of the land, as
    determined by the appraisal conducted under subsection (d).
        (c) Terms and Conditions.--The conveyance under subsection (a)
    shall be subject to--
            (1) valid existing rights;
            (2) the reservation of easements, as depicted on the map, for
        public use on--
                (A) the Maah Dah Hey National Trail; and
                (B) Forest Service Road #7471 and the unnumbered Forest
            Service road; and
            (3) any other terms and conditions that the Secretary considers
        appropriate to protect the interests of the United States.
        (d) Appraisal.--The Secretary shall conduct an appraisal of the
    land to be conveyed under subsection (a) in accordance with--
            (1) the Uniform Appraisal Standards for Federal Land
        Acquisitions;
            (2) the Uniform Standards of Professional Appraisal Practice;
        and
            (3) any other applicable law (including regulations).
        (e) Costs of Conveyance.--As a condition for the conveyance under
    subsection (a), and in addition to the consideration paid under
    subsection (b), the Presidential Library shall pay all costs associated
    with the conveyance, including--
            (1) the survey to Federal standards described in subsection
        (f); and
            (2) the appraisal conducted under subsection (d).
        (f) Survey.--The exact acreage and legal description of the land to
    be conveyed under subsection (a) shall be determined by a survey
    satisfactory to the Secretary.
        (g) Deposit and Use of Proceeds.--All funds received under
    subsection (b) shall be--
            (1) deposited in the fund established by Public Law 90-171
        (commonly known as the Sisk Act) (16 U.S.C. 484a); and
            (2) available to the Secretary, until expended, for the
        acquisition of land or interests in land for inclusion in the
        National Forest System in the State of North Dakota.

            TITLE XIX--UNITED STATES-MEXICO ECONOMIC PARTNERSHIP ACT

    SEC. 1901. SHORT TITLE.
        This title may be cited as the ``United States-Mexico Economic
    Partnership Act''.
    SEC. 1902. FINDINGS.
        Congress finds the following:
            (1) The United States and Mexico have benefitted from a
        bilateral, mutually beneficial partnership focused on advancing the
        economic interests of both countries.
            (2) In 2013, Mexico adopted major energy reforms that opened
        its energy sector to private investment, increasing energy
        cooperation between Mexico and the United States and opening new
        opportunities for United States energy engagement.
            (3) On January 18, 2018, the Principal Deputy Assistant
        Secretary for Educational and Cultural Affairs at the Department of
        State stated, ``Our exchange programs build enduring relationships
        and networks to advance U.S. national interests and foreign policy
        goals . . . The role of our exchanges . . . in advancing U.S.
        national security and economic interests enjoys broad bipartisan
        support from Congress and other stakeholders, and provides a strong
        return on investment.''.
            (4) According to the Institute of International Education, in
        the 2015-2016 academic year, more than 56,000 United States
        students studied in other countries in the Western Hemisphere
        region while more than 84,000 non-United States students from the
        region studied in the United States, but only 5,000 of those United
        States students studied in Mexico and only 16,000 of those non-
        United States students were from Mexico.
    SEC. 1903. STATEMENT OF POLICY.
        It is the policy of the United States--
            (1) to continue deepening economic cooperation between the
        United States and Mexico;
            (2) to seek to prioritize and expand educational and
        professional exchange programs with Mexico, including through
        frameworks such as the 100,000 Strong in the Americas Initiative,
        the Young Leaders of the Americas Initiative, Jovenes en Accion
        (Youth in Action), the Fulbright Foreign Student Program, and the
        Fulbright Visiting Scholar Program; and
            (3) to promote positive cross-border relations as a priority
        for advancing United States foreign policy and programs.
    SEC. 1904. STRATEGY TO PRIORITIZE AND EXPAND EDUCATIONAL AND
    PROFESSIONAL EXCHANGE PROGRAMS WITH MEXICO.
        (a) In General.--The Secretary of State shall develop a strategy to
    carry out the policy described in section 1903, to include prioritizing
    and expanding educational and professional exchange programs with
    Mexico through frameworks such as those referred to in section 1903(2).
        (b) Elements.--The strategy required under subsection (a) shall--
            (1) encourage more academic exchanges between the United States
        and Mexico at the secondary, post-secondary, and post-graduate
        levels;
            (2) encourage United States and Mexican academic institutions
        and businesses to collaborate to assist prospective and developing
        entrepreneurs in strengthening their business skills and promoting
        cooperation and joint business initiatives across the United States
        and Mexico;
            (3) promote energy infrastructure coordination and cooperation
        through support of vocational-level education, internships, and
        exchanges between the United States and Mexico; and
            (4) assess the feasibility of fostering partnerships between
        universities in the United States and medical school and nursing
        programs in Mexico to ensure that medical school and nursing
        programs in Mexico have comparable accreditation standards as
        medical school and nursing programs in the United States by the
        Accreditation and Standards in Foreign Medical Education, in
        addition to the Accreditation Commission For Education in Nursing,
        so that medical students can pass medical licensing board exams,
        and nursing students can pass nursing licensing exams, in the
        United States.
        (c) Briefing.--Not later than 180 days after the date of the
    enactment of this Act, the Secretary of State shall brief the
    appropriate congressional committees regarding the strategy required
    under subsection (a).
    SEC. 1905. DEFINITIONS.
        In this Act, the term ``appropriate congressional committees''
    means--
            (1) the Committee on Foreign Relations of the Senate; and
            (2) the Committee on Foreign Affairs of the House of
        Representatives.
    SEC. 1906. SUNSET PROVISION.
        This Act shall remain in effect until December 31, 2023.

                          TITLE XX--PORT SURVEILLANCE

    SEC. 2001. PORT SURVEILLANCE.
        (a) CPSC Surveillance Personnel During the COVID-19 Pandemic.--For
    the duration of a public health emergency declared pursuant to section
    319 of the Public Health Service Act (42 U.S.C. 247d) as a result of
    confirmed cases of 2019 novel coronavirus (COVID-19), including any
    renewal thereof, the Commission shall ensure, to the maximum extent
    feasible, that investigators are stationed at ports of entry to protect
    the public against unreasonable risk of injury from consumer products,
    with the goal of covering no fewer than 90 percent of all consumer
    products entering the United States that are risk-scored in the Risk
    Assessment Methodology system. The Commission shall consult with United
    States Customs and Border Protection, and other relevant agencies,
    including health and safety agencies, on methods to safely staff ports
    during the pandemic.
        (b) Additional CPSC Surveillance Personnel at Key Ports of Entry.--
    The Commission shall hire, train, and assign not fewer than 16
    additional full-time equivalent personnel to be stationed at or
    supporting efforts at ports of entry, including ports of entry for de
    minimis shipments, for the purpose of identifying, assessing, and
    addressing shipments of violative consumer products. Such hiring shall
    continue during each fiscal year until the total number of full-time
    equivalent personnel equals and sustains the staffing requirements
    identified in the report to Congress required under subsection
    (c)(2)(F).
        (c) Report to Congress.--
            (1) In general.--Not later than 180 days after the date of
        enactment of this section, the Commission shall transmit to
        Congress, and make publicly available, a study and report assessing
        the risk to consumers associated with the reduction in Commission
        port inspection activity during the COVID-19 pandemic and the
        targeting and screening of de minimis shipments.
            (2) Report requirements.--In the study and report, the
        Commission shall--
                (A) identify--
                    (i) the risks associated with the reduction in
                Commission port inspection activity during the COVID-19
                pandemic;
                    (ii) the extent to which the reduction in port
                inspection activity is linked to inadequate Commission
                resources or due to shortages of trained Commission staff
                due to the COVID-19 pandemic; and
                    (iii) the steps the Commission has taken and plans to
                take to mitigate those risks, such as recalls, inspections
                of product inventory, consumer warnings, and other
                appropriate measures;
                (B) examine a sampling of de minimis shipments at a
            sufficient and representative sample of all types of ports of
            entry where de minimis shipments are processed, including
            express consignment carrier facilities, international mail
            facilities, and air cargo facilities to assess the extent to
            which such shipments include violative consumer products;
                (C) examine a sampling of shipments coming from countries
            identified as high-risk for exporting violative consumer
            products to identify trends associated with the shipment of
            products containing both intellectual property rights
            infringements and consumer product safety violations;
                (D) detail plans and timelines to effectively address
            targeting and screening of de minimis shipments to prevent the
            entry of violative consumer products entering into the commerce
            of the United States taking into consideration projected growth
            in e-commerce;
                (E) establish metrics by which to evaluate the
            effectiveness of the Commission efforts to reduce the number of
            de minimis shipments containing violative consumer products
            from entering into the commerce of the United States; and
                (F) assess projected technology and resources, including
            staffing requirements necessary to implement such plans based
            on available and needed Commission resources.
        (d) Definitions.--In this section--
            (1) the term ``Commission'' means the Consumer Product Safety
        Commission;
            (2) the term ``de minimis shipments'' means articles containing
        consumer products entering the United States under the de minimis
        value exemption in 19 U.S.C. 1321(a)(2)(C);
            (3) the term ``ports of entry for de minimis shipments'' means
        environments where de minimis shipments are processed, including
        express consignment carrier facilities, international mail
        facilities, and air cargo facilities; and
            (4) the term ``violative consumer products'' means consumer
        products in violation of an applicable consumer product safety rule
        under the Consumer Product Safety Act or any similar rule,
        regulation, standard, or ban under any other Act enforced by the
        Commission.
        (e) Savings Clause.--Nothing in this section shall be construed to
    limit, affect, or conflict with any other authority of the Commission
    or any other statutory requirements governing the Commission.

      TITLE XXI--COVID-19 REGULATORY RELIEF AND WORK FROM HOME SAFETY ACT

    SEC. 2101. COVID-19 REGULATORY RELIEF AND WORK FROM HOME SAFETY ACT.
        (a) Short Title.--This title may be cited as the ``COVID-19
    Regulatory Relief and Work From Home Safety Act''.
        (b) Definitions.--In this Act--
            (1) the term ``bedding product'' means--
                (A) an item that is used for sleeping or sleep-related
            purposes; or
                (B) any component or accessory with respect to an item
            described in subparagraph (A), without regard to whether the
            component or accessory, as applicable, is used--
                    (i) alone; or
                    (ii) along with, or contained within, that item;
            (2) the term ``California standard'' means the standard set
        forth by the Bureau of Electronic and Appliance Repair, Home
        Furnishings and Thermal Insulation of the Department of Consumer
        Affairs of the State of California in Technical Bulletin 117-2013,
        entitled ``Requirements, Test Procedure and Apparatus for Testing
        the Smolder Resistance of Materials Used in Upholstered
        Furniture'', originally published June 2013, as in effect on the
        date of enactment of this Act;
            (3) the terms ``foundation'' and ``mattress'' have the meanings
        given those terms in section 1633.2 of title 16, Code of Federal
        Regulations, as in effect on the date of enactment of this Act; and
            (4) the term ``upholstered furniture''--
                (A) means an article of seating furniture that--
                    (i) is intended for indoor use;
                    (ii) is movable or stationary;
                    (iii) is constructed with an upholstered seat, back, or
                arm;
                    (iv) is--

                        (I) made or sold with a cushion or pillow, without
                    regard to whether that cushion or pillow, as
                    applicable, is attached or detached with respect to the
                    article of furniture; or
                        (II) stuffed or filled, or able to be stuffed or
                    filled, in whole or in part, with any material,
                    including a substance or material that is hidden or
                    concealed by fabric or another covering, including a
                    cushion or pillow belonging to, or forming a part of,
                    the article of furniture; and

                    (v) together with the structural units of the article
                of furniture, any filling material, and the container and
                covering with respect to those structural units and that
                filling material, can be used as a support for the body of
                an individual, or the limbs and feet of an individual, when
                the individual sits in an upright or reclining position;
                (B) includes an article of furniture that is intended for
            use by a child; and
                (C) does not include--
                    (i) a mattress;
                    (ii) a foundation;
                    (iii) any bedding product; or
                    (iv) furniture that is used exclusively for the purpose
                of physical fitness and exercise.
        (c) Adoption of Standard.--
            (1) In general.--Beginning on the date that is 180 days after
        the date of enactment of this Act, and except as provided in
        paragraph (2), the California standard shall be considered to be a
        flammability standard promulgated by the Consumer Product Safety
        Commission under section 4 of the Flammable Fabrics Act (15 U.S.C.
        1193).
            (2) Testing and certification.--A fabric, related material, or
        product to which the California standard applies as a result of
        paragraph (1) shall not be subject to section 14(a) of the Consumer
        Product Safety Act (15 U.S.C. 2063(a)) with respect to that
        standard.
            (3) Certification label.--Each manufacturer of a product that
        is subject to the California standard as a result of paragraph (1)
        shall include the statement ``Complies with U.S. CPSC requirements
        for upholstered furniture flammability'' on a permanent label
        located on the product, which shall be considered to be a
        certification that the product complies with that standard.
        (d) Preemption.--
            (1) In general.--Notwithstanding section 16 of the Flammable
        Fabrics Act (15 U.S.C. 1203) and section 231 of the Consumer
        Product Safety Improvement Act of 2008 (15 U.S.C. 2051 note), and
        except as provided in subparagraphs (B) and (C) of paragraph (2),
        no State or any political subdivision of a State may establish or
        continue in effect any provision of a flammability law, regulation,
        code, standard, or requirement that is designed to protect against
        the risk of occurrence of fire, or to slow or prevent the spread of
        fire, with respect to upholstered furniture.
            (2) Preservation of certain state law.--Nothing in this Act or
        the Flammable Fabrics Act (15 U.S.C. 1191 et seq.) may be construed
        to preempt or otherwise affect--
                (A) any State or local law, regulation, code, standard, or
            requirement that--
                    (i) concerns health risks associated with upholstered
                furniture; and
                    (ii) is not designed to protect against the risk of
                occurrence of fire, or to slow or prevent the spread of
                fire, with respect to upholstered furniture;
                (B) sections 1374 through 1374.3 of title 4, California
            Code of Regulations (except for subsections (b) and (c) of
            section 1374 of that title), as in effect on the date of
            enactment of this Act; or
                (C) the California standard.

                                   Speaker of the House of Representatives.

                                Vice President of the United States and
                                                   President of the Senate.