[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:
----------------------------------------------------------------------------------------------------------------
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.