[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 3501'50.75'' W about 955.59 feet to a point 
    N692046.26, E1180710.74;
        (3) running N 5458'06.78'' E about 100.00 feet to a point 
    N692103.66, E1180792.62;
        (4) running S 3501'50.75'' E about 989.8 feet to a point 
    N691293.17, E1181360.78; and
        (5) running S 7351'15.45'' W about 105.69 feet to the point 
    described in paragraph (1).
    SEC. 320. WILMINGTON HARBOR, DELAWARE.
    It is the sense of Congress that the Corps of Engineers should 
maintain the annual maintenance dredging for Wilmington Harbor, 
Delaware, authorized by the Act of June 3, 1896 (chapter 314, 29 Stat. 
207).
    SEC. 321. WILMINGTON HARBOR SOUTH DISPOSAL AREA, DELAWARE.
    (a) Finding.--For the purposes of applying section 217(b) of the 
Water Resources Development Act of 1996 (33 U.S.C. 2326a(b)) to the 
Wilmington Harbor South Disposal Area, Delaware, the Secretary shall 
find that the standard has been met for the Edgemoor expansion of the 
Port of Wilmington, Delaware.
    (b) Use.--Any use of the Wilmington Harbor South Disposal Area 
permitted by the Secretary under section 217(b) for the Edgemoor 
Expansion of the Port of Wilmington shall not otherwise reduce the 
availability of capacity, in dredged material disposal facilities under 
the jurisdiction of the Secretary that were constructed before the date 
of enactment of this Act, for operation and maintenance of--
        (1) the Delaware River Mainstem and Channel Deepening project, 
    Delaware, New Jersey, and Pennsylvania, authorized by section 
    101(6) of the Water Resources Development Act of 1992 (106 Stat. 
    4802); or
        (2) the Delaware River, Philadelphia to the Sea, project, 
    Delaware, New Jersey, Pennsylvania, authorized by the Act of June 
    25, 1910 (chapter 382, 36 Stat. 637; 46 Stat. 921; 52 Stat. 803; 59 
    Stat. 14; 68 Stat. 1249; 72 Stat. 297).
    (c) Fee.--The Secretary shall impose on the non-Federal interest 
for the Edgemoor Expansion of the Port of Wilmington a fee, under 
section 217(b)(1)(B) of the Water Resources Development Act of 1996 (33 
U.S.C. 2326a(b)(1)(B)), to recover capital, operation, and maintenance 
costs associated with any use by the non-Federal interest of capacity 
in the Wilmington Harbor South Disposal Area permitted by the Secretary 
under section 217(b) of the Water Resources Development Act of 1996 
pursuant to subsection (a) of this section.
    (d) Agreement to Pay.--In accordance with section 217(a) of the 
Water Resources Development Act of 1996 (33 U.S.C. 2326a(a)), if, to 
accommodate the dredged materials from operation and maintenance of the 
Edgemoor Expansion of the Port of Wilmington, the Secretary provides 
additional capacity at the Wilmington Harbor South Disposal Area, the 
non-Federal interest for the Edgemoor Expansion of the Port of 
Wilmington shall agree to pay, during the period of construction, all 
costs associated with the construction of the additional capacity.
    SEC. 322. WASHINGTON HARBOR, DISTRICT OF COLUMBIA.
    Beginning on the date of enactment of this Act, the project for 
navigation, Washington Harbor, District of Columbia, authorized by the 
Act of August 30, 1935 (chapter 831, 49 Stat. 1031), is modified to 
reduce, in part, the authorized dimensions of the project, such that 
the remaining authorized dimensions are as follows:
        (1) A 200-foot-wide, 12-foot-deep channel with a center line 
    beginning at a point East 1,317,064.30 and North 440,373.32, thence 
    to a point East 1,316,474.30 and North 440,028.31, thence to a 
    point East 1,315,584.30 and North 439,388.30, thence to a point 
    East 1,315,259.31 and North 438,908.30.
        (2) A 200- to 300-foot-wide, 12-foot-deep transition area, with 
    a center line beginning at a point East 1,315,259.31 and North 
    438,908.30 to a point East 1,315,044.31 and North 438,748.30.
        (3) A 300-foot-wide, 15-foot-deep channel with a centerline 
    beginning a point East 1,315,044.31 and North 438,748.30, thence to 
    a point East 1,314,105.31 and North 438,124.79, thence to a point 
    East 1,311,973.30 and North 438,807.78, thence to a point East 
    1,311,369.73 and North 438,577.42, thence to a point East 
    1,311,015.73 and North 438,197.57, thence to a point East 
    1,309,713.47 and North 435,678.91.
        (4) A 300- to 400-foot-wide, 15- to 24-foot-deep transition 
    area, with a center line beginning at a point East 1,309,713.47 and 
    North 435,678.91 to a point East 1,307,709.33 and North 434,488.25.
        (5) A 400-foot-wide, 24-foot-deep channel with a centerline 
    beginning at a point East 1,307,709.33 and North 434,488.25, thence 
    to a point East 1,307,459.33 and North 434,173.25, thence to a 
    point East 1,306,476.82 and North 432,351.28, thence to a point 
    East 1,306,209.79 and North 431,460.21, thence to a point at the 
    end of the channel near Hains Point East 1,305,997.63 and North 
    429,978.31.
    SEC. 323. BIG CYPRESS SEMINOLE INDIAN RESERVATION WATER 
      CONSERVATION PLAN, FLORIDA.
    (a) In General.--The project for ecosystem restoration, Big Cypress 
Seminole Indian Reservation Water Conservation Plan, Florida, 
authorized pursuant to section 528 of the Water Resources Development 
Act of 1996 (110 Stat. 3767), is no longer authorized beginning on the 
date of enactment of this Act.
    (b) Savings Provision.--Nothing in this section affects the 
responsibility of the Secretary to pay any damages awarded by the Armed 
Services Board of Contract Appeals, or by a court of competent 
jurisdiction, to a contractor relating to the adjudication of claims 
arising from construction of the project described in subsection (a).
    SEC. 324. CENTRAL EVERGLADES, FLORIDA.
    The project for ecosystem restoration, Central Everglades, 
authorized by section 1401(4) of the Water Resources Development Act of 
2016 (130 Stat. 1713), is modified to include the project for ecosystem 
restoration, Central and Southern Florida, Everglades Agricultural 
Area, authorized by section 1308 of the Water Resources Development Act 
of 2018 (132 Stat. 3819), and to authorize the Secretary to carry out 
the project, as so combined, at a total combined cost of 
$4,362,091,000.
    SEC. 325. MIAMI RIVER, FLORIDA.
     The portion of the project for navigation, Miami River, Florida, 
authorized by the Act of July 3, 1930 (46 Stat. 925; 59 Stat. 16; 74 
Stat. 481; 100 Stat. 4257), beginning at the existing railroad bascule 
bridge and extending approximately 1,000 linear feet upstream to an 
existing salinity barrier and flood control structure, is no longer 
authorized beginning on the date of enactment of this Act.
    SEC. 326. JULIAN KEEN, JR. LOCK AND DAM, MOORE HAVEN, FLORIDA.
    (a) Designation.--The Moore Haven Lock and Dam, Moore Haven, 
Florida, authorized pursuant to the Act of July 3, 1930 (chapter 847, 
46 Stat. 925; 49 Stat. 1032), shall be known and designated as the 
``Julian Keen, Jr. Lock and Dam''.
    (b) References.--Any reference in a law, map, regulation, document, 
paper, or other record of the United States to the Lock and Dam 
referred to in subsection (a) shall be deemed to be a reference to the 
``Julian Keen, Jr. Lock and Dam''.
    SEC. 327. TAYLOR CREEK RESERVOIR AND LEVEE L-73 (SECTION 1), UPPER 
      ST. JOHNS RIVER BASIN, FLORIDA.
    The portions of the project for flood control and other purposes, 
Central and Southern Florida, authorized by section 203 of the Flood 
Control Act of 1948 (62 Stat. 1176), consisting of the Taylor Creek 
Reservoir and Levee L-73, Section 1, within the Upper St. Johns River 
Basin, Florida, are no longer authorized beginning on the date of 
enactment of this Act.
    SEC. 328. EXTINGUISHMENT OF FLOWAGE EASEMENTS, ROUGH RIVER LAKE, 
      KENTUCKY.
    (a) In General.--Subject to the availability of appropriations and 
on request of the landowner, the Secretary shall extinguish any flowage 
easement or portion of a flowage easement held by the United States on 
developed land of the landowner at Rough River Lake, Kentucky--
        (1) that is above 534 feet mean sea level; and
        (2) for which the Secretary determines the flowage easement or 
    portion of the flowage easement is not required to address 
    backwater effects.
    (b) No Liability.--The United States shall not be liable for any 
damages to property or injuries to persons from flooding that may be 
attributable to the operation and maintenance of Rough River Dam, 
Kentucky, on land that was encumbered by a flowage easement 
extinguished under subsection (a).
    (c) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section $10,000,000, to remain available 
until expended.
    SEC. 329. CALCASIEU RIVER AND PASS, LOUISIANA.
    Not later than 120 days after the date of enactment of this Act, 
the Secretary shall provide to the Committee on Transportation and 
Infrastructure of the House of Representatives and the Committee on 
Environment and Public Works of the Senate a report on plans to modify 
the Calcasieu River and Pass Dredged Material Management Plan and 
Supplemental Environmental Impact Statement (November 22, 2010 DMMP/
SEIS) to allow for the expansion of Dredged Material Placement 
Facilities (DMPFs) 17, 19, 22, D, and E to the lakeside foreshore rock 
boundaries during planned rehabilitation of these facilities.
    SEC. 330. CAMDEN HARBOR, MAINE.
    (a) In General.--The portions of the project for navigation, Camden 
Harbor, Maine, described in subsection (b) are no longer authorized 
beginning on the date of enactment of this Act.
    (b) Portions Described.--The portions referred to in subsection (a) 
are the following:
        (1) The portion of the 10-foot-deep inner harbor area, 
    authorized by the first section of the Act of March 3, 1873 
    (chapter 233, 17 Stat. 565; 25 Stat. 400), approximately 50,621.75 
    square feet in area--
            (A) starting at a point with coordinates N197,640.07, 
        E837,851.71;
            (B) thence running S8443' 23.94''W about 381.51 feet to a 
        point with coordinates N197,604.98, E837,471.82;
            (C) thence running N4347' 51.43''W about 270.26 feet to a 
        point with coordinates N197,800.05, E837,284.77;
            (D) thence running S5902' 26.62''E about 219.18 feet to a 
        point with coordinates N197,687.30, E837,472.72;
            (E) thence running S8150' 09.76''E about 144.70 feet to a 
        point with coordinates N197,666.75, E837,615.96;
            (F) thence running N5727' 07.42''E about 317.32 feet to a 
        point with coordinates N197,866.52, E837,928.96; and
            (G) thence running S1850' 04.48''W about 239.27 feet to 
        the point described in subparagraph (A).
        (2) The portion of the 14-foot-deep outer harbor area, 
    authorized by the first section of the Act of August 11, 1888 (25 
    Stat. 400; 32 Stat. 331), approximately 222,015.94 square feet in 
    area--
            (A) starting at a point with coordinates N197,640.07, 
        E837,851.71;
            (B) thence running N1850' 04.48''E about 239.27 feet to a 
        point with coordinates N197,866.53, E837,928.96;
            (C) thence running N5828' 51.05''E about 308.48 feet to a 
        point with coordinates N198,027.79, E838,191.93;
            (D) thence running N8420' 01.88''E about 370.06 feet to a 
        point with coordinates N198,064.33, E838,560.18;
            (E) thence running S0532' 03.42''E about 357.31 feet to a 
        point with coordinates N197,708.68, E838,594.64; and
            (F) thence running S8443' 23.94''W about 746.08 feet to 
        the point described in subparagraph (A).
    SEC. 331. CAPE PORPOISE HARBOR, MAINE, ANCHORAGE AREA DESIGNATION.
    (a) In General.--The project for navigation, Cape Porpoise Harbor, 
Maine, authorized by section 101 of the River and Harbor Act of 1948 
(62 Stat. 1172), is modified to designate the portion of the project 
described in subsection (b) as a 6-foot-deep anchorage.
    (b) Portion Described.--The portion of the project referred to in 
subsection (a) is the approximately 192,235.63 square foot area 
consisting of the 100-foot-wide and 6-foot-deep channel located within 
the inner harbor--
        (1) starting at a point with coordinates N 194,175.13, E 
    2,882,011.74;
        (2) thence running N3346' 08.14''W about 914.57 feet to a 
    point with coordinates N 194,935.40, E 2,881,503.38;
        (3) thence running N1241' 09.78''W about 1,026.40 feet to a 
    point with coordinates N 195,936.74, E 2,881,277.97;
        (4) thence running N7718' 50.22''E about 100.00 feet to a 
    point with coordinates N 195,958.70, E 2,881,375.53;
        (5) thence running S1241' 09.78''E about 1,007.79 feet to a 
    point with coordinates N 194,975.52, E 2,881,596.85;
        (6) thence running S3346' 08.14''E about 895.96 feet to a 
    point with coordinates N 194,230.72, E 2,882,094.86; and
        (7) thence running S5613' 51.86''W about 100.00 feet to the 
    point described in paragraph (1).
    SEC. 332. BALTIMORE, MARYLAND.
    The Secretary is authorized, in accordance with section 5 of Act of 
June 22, 1936 (33 U.S.C. 701h), to accept funds contributed by a non-
Federal interest for dredging on irregular cycles of the Baltimore 
Inner Harbor Approach Channel, Baltimore Harbor and Channels Federal 
navigation project, authorized by section 101 of the River and Harbor 
Act of 1958 (72 Stat. 297).
    SEC. 333. THAD COCHRAN LOCK AND DAM, AMORY, MISSISSIPPI.
    (a) Sense of Congress.--It is the sense of Congress that Thad 
Cochran, whose selfless determination and tireless work, while serving 
as a congressman and United States Senator from Mississippi for 45 
years, contributed greatly to the realization and success of the 
Tennessee-Tombigbee Waterway.
    (b) Designation.--The navigation lock known as the ``Amory Lock'', 
located at mile 371 on the Tennessee-Tombigbee Waterway, Mississippi, 
and the dam associated with such lock, shall be known and designated as 
the ``Thad Cochran Lock and Dam''.
    (c) References.--Any reference in a law, map, regulation, document, 
paper, or other record of the United States to the lock and dam 
referred to in subsection (b) shall be deemed to be a reference to the 
``Thad Cochran Lock and Dam''.
    SEC. 334. MISSOURI RIVER RESERVOIR SEDIMENT MANAGEMENT.
    Section 1179(a) of the Water Resources Development Act of 2016 (130 
Stat. 1675; 132 Stat. 3782) is amended--
        (1) in paragraph (3)--
            (A) in subparagraph (B), by inserting ``project purposes, 
        including'' before ``storage capacity''; and
            (B) in subparagraph (C), by striking ``preliminary'';
        (2) by redesignating paragraphs (4) through (9) as paragraphs 
    (6) through (11), respectively; and
        (3) by inserting after paragraph (3) the following:
        ``(4) Justification.--In determining the economic justification 
    of a sediment management plan under paragraph (2), the Secretary 
    shall--
            ``(A) measure and include flooding, erosion, and accretion 
        damages both upstream and downstream of the reservoir that are 
        likely to occur as a result of sediment management within the 
        reservoir compared to the damages that are likely to occur if 
        the sediment management plan is not implemented; and
            ``(B) include lifecycle costs and a 100-year period of 
        analysis.
        ``(5) Implementation.--As part of a sediment management plan 
    under paragraph (2), and in accordance with paragraph (10), the 
    Secretary may carry out sediment removal activities at reservoirs 
    owned and operated by the Secretary in the Upper Missouri River 
    Basin, or at reservoirs for which the Secretary has flood control 
    responsibilities under section 7 of the Act of December 22, 1944 
    (33 U.S.C. 709), in the Upper Missouri River Basin, in accordance 
    with section 602 of the Water Resources Development Act of 1986 
    (100 Stat. 4148; 110 Stat. 3758; 113 Stat. 295; 121 Stat. 1076) as 
    if those reservoirs were listed in subsection (a) of that 
    section.''.
    SEC. 335. PORTSMOUTH, NEW HAMPSHIRE.
    The Secretary shall expedite the activities required to be carried 
out under section 204 of the Water Resources Development Act of 1992 
(33 U.S.C. 2326) regarding the use of improvement dredging of the 
Portsmouth Federal navigation project in Portsmouth, New Hampshire, 
carried out pursuant to section 3 of the Act of August 13, 1946 (33 
U.S.C. 426g), as a source of clean beach fill material to reinforce the 
stone revetment at Nantasket Beach, Hull, Massachusetts.
    SEC. 336. RAHWAY FLOOD RISK MANAGEMENT FEASIBILITY STUDY, NEW 
      JERSEY.
    The Secretary shall--
        (1) nullify the determination of the North Atlantic Division of 
    the Corps of Engineers that further activities to carry out the 
    feasibility study for a project for flood risk management, Rahway, 
    New Jersey, authorized by the resolution of the Committee on 
    Transportation and Infrastructure of the House of Representatives 
    adopted on March 24, 1998 (docket number 2548), is not warranted;
        (2) identify an acceptable alternative to the project described 
    in paragraph (1) that could receive Federal support; and
        (3) carry out, and expedite the completion of, a feasibility 
    study for the acceptable alternative identified under paragraph 
    (2).
    SEC. 337. SAN JUAN-CHAMA PROJECT; ABIQUIU DAM, NEW MEXICO.
    (a) Abiquiu Reservoir.--Section 5(b) of Public Law 97-140 (43 
U.S.C. 620a note) is amended by striking ``a total of two hundred 
thousand acre-feet of''.
    (b) Water Storage at Abiquiu Dam, New Mexico.--Section 1 of Public 
Law 100-522 (43 U.S.C. 620a note) is amended--
        (1) by striking ``200,000 acre-feet of'';
        (2) by inserting ``and San Juan-Chama project'' after ``Rio 
    Grande system''; and
        (3) by striking ``, in lieu of the water storage authorized by 
    section 5 of Public Law 97-140, to the extent that contracting 
    entities under section 5 of Public Law 97-140 no longer require 
    such storage''.
    (c) Water Storage.--The Secretary shall--
        (1) store up to elevation 6230.00 NGVD29 at Abiquiu Dam, New 
    Mexico, to the extent that the necessary real property interests 
    have been acquired by any entity requesting such storage; and
        (2) amend the March 20, 1986, contract between the United 
    States of America and the Albuquerque Bernalillo County Water 
    Utility Authority (assigned by the City of Albuquerque, New Mexico 
    to the Albuquerque Bernalillo County Water Utility Authority) for 
    water storage space in Abiquiu Reservoir to allow for storage by 
    the Albuquerque Bernalillo County Water Utility Authority of San 
    Juan-Chama project water or native Rio Grande system water up to 
    elevation 6230.00 NGVD29.
    (d) Storage Agreements With Users Other Than the Albuquerque 
Bernalillo County Water Utility Authority.--The Secretary shall--
        (1) retain or enter into new agreements with entities for a 
    proportionate allocation of 29,100 acre-feet of storage space 
    pursuant to section 5 of Public Law 97-140; and
        (2) amend or enter into new storage agreements for storage of 
    San Juan-Chama project water or native Rio Grande system water up 
    to the space allocated for each entity's proportionate share of San 
    Juan-Chama water.
    (e) Operations Documents.--The Secretary shall amend or revise any 
existing operations documents, including the Water Control Manual or 
operations plan for Abiquiu Reservoir, as necessary to meet the 
requirements of this section.
    (f) Limitations.--In carrying out this section, the following 
limitations shall apply:
        (1) The storage of native Rio Grande system water shall be 
    subject to the provisions of the Rio Grande Compact and the 
    resolutions of the Rio Grande Compact Commission.
        (2) The storage of native Rio Grande system water shall only be 
    authorized to the extent that the necessary water ownership and 
    storage rights have been acquired by the entity requesting such 
    storage.
        (3) The storage of native Rio Grande system water or San-Juan 
    Chama project water shall not interfere with the authorized 
    purposes of the Abiquiu Dam and Reservoir project.
        (4) Each user of storage space, regardless of source of water, 
    shall pay for any increase in costs attributable to storage of that 
    user's water.
    SEC. 338. FLUSHING BAY AND CREEK FEDERAL NAVIGATION CHANNEL, NEW 
      YORK.
    (a) In General.--The portion of the project for navigation, 
Flushing Bay and Creek, New York, authorized by the first section of 
the Act of March 3, 1905 (chapter 1482, 33 Stat. 1120; 52 Stat. 803; 76 
Stat. 1174), described in subsection (b) is no longer authorized 
beginning on the date of enactment of this Act.
    (b) Portion Described.--The portion referred to in subsection (a) 
is the portion from river mile 2.5 to river mile 2.9, as bounded by--
        (1) the coordinates of--
            (A) Latitude North 40 45' 45.61'' Longitude West 73 50' 
        20.19'';
            (B) Latitude North 40 45' 47.02'' Longitude West 73 50' 
        10.80'';
            (C) Latitude North 40 45' 26.71'' Longitude West 73 50' 
        10.85''; and
            (D) Latitude North 40 45' 26.72'' Longitude West 73 50' 
        10.96''; and
        (2) the New York Long Island State Plane (US Survey Feet, NAD-
    83), as follows:
            (A) Easting x1028866.501 Northing y217179.294;
            (B) Easting x1029588.853 Northing y217322.675;
            (C) Easting x1029588.853 Northing y215267.486; and
            (D) Easting x1028964.587 Northing y215267.486.
    SEC. 339. RUSH RIVER AND LOWER BRANCH RUSH RIVER, NORTH DAKOTA.
    (a) In General.--The portion of the comprehensive plan for flood 
control and other purposes in the Red River of the North drainage 
basin, North Dakota, South Dakota, and Minnesota, authorized by section 
203 of the Flood Control Act of 1948 (62 Stat. 1177; 64 Stat. 176), 
consisting of clearing and rectification of the channel from mile 28.3 
near Amenia to the mouth of the Rush River, known as Cass County Drain 
No. 12, is no longer authorized beginning on the date of enactment of 
this Act.
    (b) Lower Branch Rush River.--The project for flood control, Lower 
Branch Rush River, North Dakota, carried out under section 205 of the 
Flood Control Act of 1948 (33 U.S.C. 701s), known as Cass County Drain 
No. 2, is no longer authorized beginning on the date of enactment of 
this Act.
    SEC. 340. PAWCATUCK RIVER, LITTLE NARRAGANSETT BAY AND WATCH HILL 
      COVE, RHODE ISLAND AND CONNECTICUT.
    Beginning on the date of enactment of this Act, that portion of the 
project for navigation, Pawcatuck River, Little Narragansett Bay and 
Watch Hill Cove, Rhode Island and Connecticut, authorized by section 2 
of the Act of March 2, 1945 (chapter 19, 59 Stat. 13), consisting of a 
10-foot-deep, 16-acre anchorage area in Watch Hill Cove is no longer 
authorized.
    SEC. 341. HARRIS COUNTY, TEXAS.
    Section 575 of the Water Resources Development Act of 1996 (110 
Stat. 3789; 113 Stat. 311; 121 Stat. 1253) is repealed.
    SEC. 342. CAP SANTE WATERWAY, WASHINGTON.
    Beginning on the date of enactment of this Act, the project for 
navigation, Cap Sante Waterway and Navigation Channel, Skagit County, 
Washington, authorized by the Act of March 2, 1919 (chapter 95, 40 
Stat. 1285), is modified to deauthorize the portion of the project 
consisting of an approximately 334,434-foot area of the Federal channel 
within Anacortes Harbor inside and directly adjacent to the Federal 
breakwater and training wall structure, starting at a point with 
coordinates N557015.552, E1210819.619, thence running S88 13'2.06''E 
approximately 200 feet to a point with coordinates N557009.330, 
E1211019.522, thence running S01 46'58.08''W approximately 578 feet to 
a point with coordinates N556431.405, E1211001.534, thence running S49 
49'50.23''W approximately 69 feet to a point with coordinates 
N556387.076, E1210949.002, thence running S51 53'0.25''E approximately 
35 feet to a point with coordinates N556365.662, E1210976.316, thence 
running S49 38'58.48''W approximately 112 feet to a point with 
coordinates N556292.989, E1210890.775, thence running N88 13'1.87''W 
approximately 109 feet to a point with coordinates N556296.367, 
E1210782.226, thence running S46 46'58.97''W approximately 141 feet to 
a point with coordinates N556199.527, E1210679.164, thence running N88 
13'1.77''W approximately 700 feet to a point with coordinates 
N556221.305, E1209979.502, thence running N01 46'58.08''E approximately 
250 feet to a point with coordinates N556471.184, E1209987.280, thence 
running S88 13'1.77''E approximately 815 feet to a point with 
coordinates N556445.828, E1210801.886, thence running N01 46'58.08''E 
approximately 570 feet to the point of origin.
    SEC. 343. LOCAL GOVERNMENT RESERVOIR PERMIT REVIEW.
    Section 1119(b) of the Water Resources Development Act of 2018 (33 
U.S.C. 2347 note) is amended by striking ``owned or operated by the 
Secretary''.
    SEC. 344. PROJECT MODIFICATIONS FOR IMPROVEMENT OF ENVIRONMENT.
    Section 1203(g) of the Water Resources Development Act of 2018 (132 
Stat. 3805) is amended, in the matter preceding paragraph (1), by 
striking ``For fiscal years 2019 and 2020'' and inserting ``Until 
September 30, 2024''.
    SEC. 345. AQUATIC ECOSYSTEM RESTORATION.
    For fiscal years 2021 through 2024, in carrying out section 206 of 
the Water Resources Development Act of 1996 (33 U.S.C. 2330), the 
Secretary shall give priority to a project to restore and protect an 
aquatic ecosystem or estuary that--
        (1) is located in the South Platte River Basin;
        (2) is located on a body of water that is identified by the 
    applicable State pursuant to section 303(d) of the Federal Water 
    Pollution Control Act (33 U.S.C. 1313(d)) as being impaired;
        (3) has the potential to provide flood risk management and 
    recreational benefits in addition to ecosystem restoration 
    benefits; and
        (4) is located in a city with a population of 80,000 or less.
    SEC. 346. SURPLUS WATER CONTRACTS AND WATER STORAGE AGREEMENTS.
    Section 1046(c)(3) of the Water Resources Reform and Development 
Act of 2014 (128 Stat. 1254; 132 Stat. 3784) is amended by striking 
``12'' and inserting ``16''.
    SEC. 347. NO WAKE ZONES IN NAVIGATION CHANNELS.
    Section 1149 of the Water Resources Development Act of 2016 (33 
U.S.C. 1223 note) amended--
        (1) by striking ``recreational'' in each place it appears and 
    inserting ``covered''; and
        (2) by amending subsection (c) to read as follows:
    ``(c) Definitions.--In this section:
        ``(1) Covered navigation channel.--The term `covered navigation 
    channel' means a navigation channel that--
            ``(A) is federally marked or maintained;
            ``(B) is part of the Atlantic Intracoastal Waterway; and
            ``(C) is adjacent to a marina.
        ``(2) Covered vessel.--The term `covered vessel' means a 
    recreational vessel or an uninspected passenger vessel, as such 
    terms are defined in section 2101 of title 46, United States 
    Code.''.
    SEC. 348. LIMITATION ON CONTRACT EXECUTION IN THE ARKANSAS RIVER 
      BASIN.
    (a) Definition of Covered Contract.--In this section, the term 
``covered contract'' means a contract between any local governmental 
entity and the Secretary for water supply storage in a Federal or non-
Federal hydropower lake within the Arkansas River Basin.
    (b) Limitation.--For any new covered contract for a hydropower lake 
that is entered into during the period beginning on the date of 
enactment of this Act and ending on December 31, 2022, a local 
governmental entity shall not pay more than 110 percent of the initial 
principal cost for the acre-feet being sought for the new covered 
contract for that hydropower lake.
    SEC. 349. WAIVER OF NON-FEDERAL SHARE OF DAMAGES RELATED TO CERTAIN 
      CONTRACT CLAIMS.
    In a case in which the Armed Services Board of Contract Appeals or 
other court of competent jurisdiction has rendered a decision during 
the period beginning on December 1, 2017, and ending on December 31, 
2022, awarding damages to a contractor relating to the adjudication of 
claims arising from the construction of an authorized water resources 
development project, notwithstanding the terms of the Project 
Partnership Agreement, the Secretary shall waive payment of the share 
of the non-Federal interest of those damages, including attorney's 
fees, if--
        (1)(A) the contracting officer was instructed by the Corps of 
    Engineers to modify the terms of the contract or terminate the 
    contract; and
        (B) the Armed Services Board of Contract Appeals or other court 
    of competent jurisdiction determined that the failure of the 
    contracting officer to timely take the action described in 
    subparagraph (A) was a material breach of the contract that 
    resulted in damages to the contractor awarded by the Armed Services 
    Board of Contract Appeals or the court, as applicable; or
        (2) the claims arose from construction of a project 
    deauthorized under this title.
    SEC. 350. REDUCED PRICING FOR CERTAIN WATER SUPPLY STORAGE.
    Section 322 of the Water Resources Development Act of 1990 (33 
U.S.C. 2324) is amended--
        (1) in subsection (b), by striking ``2,000,000'' and inserting 
    ``3,000,000''; and
        (2) in subsection (g)--
            (A) by striking the period at the end and inserting ``; 
        or'';
            (B) by striking ``means a community'' and inserting the 
        following: ``means--
        ``(1) a community''; and
            (C) by adding at the end the following:
        ``(2) a regional water system that serves a population of less 
    than 100,000, for which the per capita income is less than the per 
    capita income of not less than 50 percent of the counties in the 
    United States.''.
    SEC. 351. FLOOD CONTROL AND OTHER PURPOSES.
    Section 103(k) of the Water Resources Development Act of 1986 (33 
U.S.C. 2213) is amended--
        (1) by striking ``Except as'' and inserting the following:
        ``(1) In general.--Except as''; and
        (2) by adding at the end the following:
        ``(2) Renegotiation of terms.--
            ``(A) In general.--At the request of a non-Federal 
        interest, the Secretary and the non-Federal interest may 
        renegotiate the terms and conditions of an eligible deferred 
        payment, including--
                ``(i) permitting the non-Federal contribution to be 
            made without interest, pursuant to paragraph (1);
                ``(ii) recalculation of the interest rate;
                ``(iii) full or partial forgiveness of interest accrued 
            during the period of construction; and
                ``(iv) a credit against construction interest for a 
            non-Federal investment that benefits the completion or 
            performance of the project or separable element.
            ``(B) Eligible deferred payment.--An eligible deferred 
        payment agreement under subparagraph (A) is an agreement for 
        which--
                ``(i) the non-Federal contribution was made with 
            interest;
                ``(ii) the period of project construction exceeds 10 
            years from the execution of a project partnership agreement 
            or appropriation of funds; and
                ``(iii) the construction interest exceeds $45,000,000.
        ``(3) Credit for non-federal contribution.--
            ``(A) In general.--The Secretary is authorized to credit 
        any costs incurred by the non-Federal interest (including in-
        kind contributions) to remedy a design or construction 
        deficiency of a covered project or separable element toward the 
        non-Federal share of the cost of the covered project, if the 
        Secretary determines the remedy to be integral to the 
        completion or performance of the covered project.
            ``(B) Credit of costs.--If the non-Federal interest incurs 
        costs or in-kind contributions for a project to remedy a design 
        or construction deficiency of a project or separable element 
        which has a 100 percent Federal cost share, and the Secretary 
        determines the remedy to be integral to the completion or 
        performance of the project, the Secretary is authorized to 
        credit such costs to any interest accrued on a deferred non-
        Federal contribution.
        ``(4) Treatment of pre-payment.--Notwithstanding a deferred 
    payment agreement with a non-Federal interest, the Secretary shall 
    accept, without interest of any type, the repayment of a non-
    Federal contribution for any eligible deferred payment described in 
    paragraph (2)(B) for which--
            ``(A) the non-Federal interest makes a payment of at least 
        $200 million for that eligible deferred payment agreement on or 
        before September 30, 2021; and
            ``(B) the non-Federal interest repays the remaining 
        principal by September 30, 2023.''.
    SEC. 352. ADDITIONAL ASSISTANCE FOR CRITICAL PROJECTS.
    (a) Consistency With Reports.--Congress finds that the project 
modifications described in this section are in accordance with the 
reports submitted to Congress by the Secretary under section 7001 of 
the Water Resources Reform and Development Act of 2014 (33 U.S.C. 
2282d), titled ``Report to Congress on Future Water Resources 
Development'', or have otherwise been reviewed by Congress.
    (b) Modifications.--
        (1) Sacramento area, california.--Section 219(f)(23) of the 
    Water Resources Development Act of 1992 (106 Stat. 4835; 113 Stat. 
    336; 117 Stat. 1840) is amended to read as follows:
        ``(23) Sacramento area, california.-- $45,000,000 for regional 
    water conservation, recycling, reliability, and resiliency projects 
    in Placer, El Dorado, and Sacramento Counties and the San Juan 
    Suburban Water District, California.''.
        (2) South perris, california.--Section 219(f)(52) of the Water 
    Resources Development Act of 1992 (106 Stat. 4835; 113 Stat. 336; 
    114 Stat. 2763A-220) is amended by striking `` $25,000,000'' and 
    inserting `` $50,000,000''.
        (3) Madison and st. clair counties, illinois.--Section 
    219(f)(55) of the Water Resources Development Act of 1992 (106 
    Stat. 4835; 113 Stat. 335; 114 Stat. 2763A-221) is amended by 
    striking `` $10,000,000'' and inserting `` $45,000,000''.
        (4) Southern and eastern kentucky.--Section 531 of the Water 
    Resources Development Act of 1996 (110 Stat. 3773; 113 Stat. 348; 
    117 Stat. 142; 121 Stat. 1226) is amended--
            (A) in subsection (g), by inserting ``Boyd, Carter, 
        Elliott, Lincoln,'' after ``Lee,''; and
            (B) in subsection (h), by striking `` $40,000,000'' and 
        inserting `` $100,000,000''.
        (5) Desoto county, mississippi.--Section 219(f)(30) of the 
    Water Resources Development Act of 1992 (106 Stat. 4835; 113 Stat. 
    336; 114 Stat. 2763A-220; 119 Stat. 282; 119 Stat. 2257; 122 Stat. 
    1623) is amended by striking `` $75,000,000'' and inserting `` 
    $130,000,000''.
        (6) Jackson county, mississippi.--Section 219 of the Water 
    Resources Development Act of 1992 (106 Stat. 4835; 110 Stat. 3757; 
    113 Stat. 1494; 121 Stat. 1258) is amended--
            (A) in subsection (c)(5), by striking ``water supply and'' 
        and inserting ``water supply, projects for stormwater and 
        drainage systems, and''; and
            (B) in subsection (e)(1), by striking `` $32,500,000'' and 
        inserting `` $57,500,000''.
        (7) St. louis, missouri.--Section 219(f)(32) of the Water 
    Resources Development Act of 1992 (106 Stat. 4835; 113 Stat. 337; 
    121 Stat. 1233) is amended by striking `` $35,000,000'' and 
    inserting `` $70,000,000''.
        (8) Midwest city, oklahoma.--Section 219(f)(231) of the Water 
    Resources Development Act of 1992 (106 Stat. 4835; 113 Stat. 336; 
    121 Stat. 1266) is amended by striking `` $2,000,000'' and 
    inserting `` $5,000,000''.
        (9) South central pennsylvania.--Section 313 of the Water 
    Resources Development Act of 1992 (106 Stat. 4845; 109 Stat. 407; 
    110 Stat. 3723; 113 Stat. 310; 117 Stat. 142; 121 Stat. 1146) is 
    amended--
            (A) in subsection (g)(1), by striking `` $200,000,000'' and 
        inserting `` $400,000,000''; and
            (B) in subsection (h)(2), by inserting ``Beaver, 
        Jefferson,'' after ``Washington,''.
        (10) Lakes marion and moultrie, south carolina.--Section 
    219(f)(25) of the Water Resources Development Act of 1992 (106 
    Stat. 4835; 113 Stat. 336; 114 Stat. 2763A-220; 117 Stat. 1838; 130 
    Stat. 1677; 132 Stat. 3818) is amended by striking `` $89,550,000'' 
    and inserting `` $110,000,000''.
        (11) El paso county, texas.--Section 219(f)(269) of the Water 
    Resources Development Act of 1992 (106 Stat. 4835; 113 Stat. 336; 
    121 Stat. 1268) is amended by striking `` $25,000,000'' and 
    inserting `` $75,000,000''.
        (12) Western rural water.--Section 595 of the Water Resources 
    Development Act of 1999 (113 Stat. 383; 117 Stat. 139; 117 Stat. 
    142; 117 Stat. 1836; 118 Stat. 440; 121 Stat. 1219; 123 Stat. 2851; 
    128 Stat. 1316; 130 Stat. 1681) is amended--
            (A) by striking the section heading and inserting ``western 
        rural water.'';
            (B) in subsection (b), by inserting ``Arizona,'' before 
        ``rural Idaho'';
            (C) in subsection (c), by inserting ``Arizona,'' before 
        ``Idaho''; and
            (D) in subsection (i), by striking ``for the period 
        beginning with fiscal year 2001, $435,000,000, to remain 
        available until expended.'' and inserting the following: ``, to 
        remain available until expended--
        ``(1) for the period beginning with fiscal year 2001, 
    $435,000,000 for Idaho, Montana, rural Nevada, New Mexico, rural 
    Utah, and Wyoming; and
        ``(2) $150,000,000 for Arizona.''.
        (13) Central west virginia.--Section 571(h) of the Water 
    Resources Development Act of 1999 (113 Stat. 371; 121 Stat. 1257) 
    is amended by striking `` $20,000,000'' and inserting `` 
    $100,000,000''.
        (14) Southern west virginia.--Section 340(g) of the Water 
    Resources Development Act of 1992 (106 Stat. 4856; 110 Stat. 3727; 
    113 Stat. 320) is amended by striking `` $40,000,000'' and 
    inserting `` $120,000,000''.
    (c) Lowell Creek Tunnel, Seward, Alaska.--Section 5032(a)(2) of the 
Water Resources Development Act of 2007 (Public Law 110-114, 121 Stat. 
1205) is amended by striking ``15'' and inserting ``20''.
    (d) Cape Arundel Disposal Site, Maine.--Section 1312 of the Water 
Resources Development Act of 2018 (132 Stat. 3821) is amended by 
striking ``December 31, 2021'' and inserting ``September 30, 2024''.
    SEC. 353. PROJECT MODIFICATION AUTHORIZATIONS.
    (a) Water Supply.--The following project modifications for water 
supply, as identified in the report entitled ``Report to Congress on 
Future Water Resources Development'' dated February 2019, and submitted 
to Congress on June 3, 2019, pursuant to section 7001 of the Water 
Resources Reform and Development Act of 2014 (33 U.S.C. 2282d) or 
otherwise reviewed by Congress, are authorized to be carried out by the 
Secretary substantially in accordance with the recommendations included 
in such report pursuant to section 301(c) of the Water Supply Act of 
1958 (43 U.S.C. 390b(c)) and as follows:
        (1) Clarence cannon dam and mark twain lake project, salt 
    river, missouri.--
            (A) In general.--The project for Clarence Cannon Dam and 
        Mark Twain Lake Project, Salt River, Missouri, authorized by 
        section 203 of the Flood Control Act of 1962 (76 Stat. 1189; 79 
        Stat. 1089; 95 Stat. 1684), is modified to release 5,600 acre-
        feet of future use water supply storage to the Federal 
        Government under water supply contract No. DACW43-88-C-0036, 
        and future financial obligations for such volume of storage.
            (B) Relief of certain obligations.--Upon execution of the 
        amendment required by subparagraph (C), the State of Missouri 
        shall be relieved of the obligation to pay the percentage of 
        the annual operation and maintenance expense, the percentage of 
        major replacement cost, and the percentage of major 
        rehabilitation costs, of the joint use facilities of the 
        project described in subparagraph (A), that are attributable to 
        water supply storage space not being used by the State during 
        the period before the State commences use of the storage space.
            (C) Amendment to contract.--The Secretary shall amend Water 
        Supply Contract No. DACW43-88-C-0036, dated March 10, 1988, 
        between the United States and the State of Missouri, to 
        implement the modifications required under subparagraphs (A) 
        and (B).
        (2) City of plattsburg.--
            (A) In general.--The project for Smithville Lake, Missouri, 
        authorized pursuant to section 204 of the Flood Control Act of 
        1965 (79 Stat. 1080), is modified to release the City of 
        Plattsburg, Missouri, from--
                (i) 8,850 acre-feet of future water supply storage 
            contracts; and
                (ii) future financial obligations for the volume of 
            storage described in clause (i).
            (B) Amendment to contract.--The Secretary shall amend water 
        supply contract No. DACW41-73-C-0008, between the United States 
        and the State of Missouri, to implement the modifications under 
        subparagraph (A).
        (3) City of smithville.--
            (A) In general.--The project for Smithville Lake, Missouri, 
        authorized pursuant to section 204 of the Flood Control Act of 
        1965 (79 Stat. 1080), is modified to release the City of 
        Smithville, Missouri, from--
                (i) 6,000 acre-feet of future water supply storage 
            contracts; and
                (ii) future financial obligations for the volume of 
            storage described in clause (i).
            (B) Amendment to contract.--The Secretary shall amend water 
        supply contract No. DACW-41-73-C-0007, between the United 
        States and the State of Missouri, to implement the 
        modifications under subparagraph (A).
    (b) Flood Risk Management.--The following project modifications for 
flood risk management, as identified in a report entitled ``Report to 
Congress on Future Water Resources Development'', and submitted to 
Congress pursuant to section 7001 of the Water Resources Reform and 
Development Act of 2014 (33 U.S.C. 2282d) or otherwise reviewed by 
Congress, are authorized to be carried out by the Secretary:
        (1) Modification of the project for flood risk management, 
    lower Mississippi River, authorized by the Act of May 15, 1928 
    (chapter 569, 45 Stat. 534), to incorporate the Wolf River 
    Backwater and Nonconnah Creek levee systems into the project, 
    authorized by section 5 of the Act of June 22, 1936 (chapter 688, 
    49 Stat. 1575; 50 Stat. 881), subject to the determination of the 
    Secretary that such systems meet all requirements applicable to 
    such project.
        (2) Modification of the project for flood risk management, Red 
    River below Denison Dam, Arkansas, Louisiana, and Texas, authorized 
    by the Act of June 28, 1938 (chapter 795, 52 Stat. 1219), to 
    incorporate the Cherokee Park Levee into the project, subject to 
    the determination of the Secretary that such levee meets all 
    requirements applicable to such project.
    SEC. 354. COMPLETION OF MAINTENANCE AND REPAIR ACTIVITIES.
    (a) Expedited Completions.--
        (1) Upper snake river basin.--The Secretary shall expedite, in 
    coordination with State, Tribal, and local authorities, the 
    completion of maintenance and repair activities for those elements 
    of the levee systems in the Upper Snake River Basin, authorized 
    pursuant to the Flood Control Act of 1950 (64 Stat. 179), that are 
    operated and maintained by the Secretary.
        (2) Lower missouri river basin.--The Secretary shall expedite, 
    in coordination with State and local authorities and stakeholders, 
    the completion of maintenance and repair activities for those 
    elements of the levee systems in the Lower Missouri River Basin, 
    authorized pursuant to the Pick-Sloan Missouri River Basin Program 
    (authorized by section 9(b) of the Act of December 22, 1944 
    (chapter 665, 58 Stat. 891)) or the Missouri River Bank 
    Stabilization and Navigation project (authorized by section 2 of 
    the Act of March 2, 1945 (chapter 19, 59 Stat. 19)), that are 
    operated and maintained by the Secretary.
        (3) Coos bay north jetty system, oregon.--The Secretary shall 
    expedite, in coordination with State and local authorities and 
    stakeholders, the completion of maintenance and repair activities 
    for those elements of the Coos Bay North Jetty system, Oregon, 
    authorized by the first section of the Act of January 21, 1927 
    (chapter 47, 44 Stat. 1014), that are operated and maintained by 
    the Secretary.
        (4) Indian river inlet and bay, delaware.--The Secretary shall 
    expedite, in coordination with State and local authorities, the 
    completion of maintenance and repair activities for the elements of 
    the project for navigation, Indian River Inlet and Bay, Delaware, 
    authorized by the Act of August 26, 1937 (chapter 832, 50 Stat. 
    846), that are operated and maintained by the Secretary.
    (b) Savings Provision.--Nothing in this section affects the 
responsibility of the Secretary to comply with the requirements of any 
Federal law in carrying out the activities required to be expedited by 
this section.
    SEC. 355. PROJECT REAUTHORIZATIONS.
    (a) In General.--
        (1) Muddy river, massachusetts.--The separable elements for 
    ecosystem restoration of the project for flood damage reduction and 
    environmental restoration, Muddy River, Brookline and Boston, 
    Massachusetts, authorized by section 522 of the Water Resources 
    Development Act of 2000 (114 Stat. 2656), and deauthorized pursuant 
    to section 6001 of the Water Resources Reform and Development Act 
    of 2014 (128 Stat. 1345), are authorized to be carried out by the 
    Secretary, subject to subsection (b).
        (2) East chester creek, new york.--Notwithstanding section 1001 
    of the Water Resources Development Act of 1986 (33 U.S.C. 579a), 
    the project for navigation, East Chester Creek, New York, 
    authorized by section 101 of the River and Harbor Act of 1950 (64 
    Stat. 164; 100 Stat. 4181), and deauthorized pursuant to section 
    1001 of the Water Resources Development Act of 1986 (33 U.S.C. 
    579(a)), is authorized to be carried out by the Secretary, subject 
    to subsection (b).
        (3) Christiansted harbor, united states virgin islands.--
    Notwithstanding section 1002 of the Water Resources Development Act 
    of 1986 (100 Stat. 4221), the portion of the project for 
    navigation, Christiansted Harbor, St. Croix, United States Virgin 
    Islands, authorized by section 101 of the River and Harbor Act of 
    1950 (64 Stat. 167), and deauthorized under section 1002 of the 
    Water Resources Development Act of 1986 (100 Stat. 4221), is 
    authorized to be carried out by the Secretary, subject to 
    subsection (b).
        (4) Charlotte amalie (st. thomas) harbor, united states virgin 
    islands.--Notwithstanding section 1002 of the Water Resources 
    Development Act of 1986 (100 Stat. 4221), the portion of the 
    project for navigation, Charlotte Amalie (St. Thomas) Harbor, St. 
    Thomas, United States Virgin Islands, authorized by the Act of 
    August 26, 1937 (chapter 832, 50 Stat. 850), and deauthorized under 
    section 1002 of the Water Resources Development Act of 1986 (100 
    Stat. 4221), is authorized to be carried out by the Secretary, 
    subject to subsection (b).
    (b) Report to Congress.--The Secretary shall complete and submit to 
the Committee on Transportation and Infrastructure of the House of 
Representatives and the Committee on Environment and Public Works of 
the Senate a post-authorization change report (as such term is defined 
in section 1132(d) of the Water Resources Development Act of 2016 (33 
U.S.C. 2282e(d)) prior to carrying out a project identified in 
subsection (a).
    SEC. 356. CONVEYANCES.
    (a) Generally Applicable Provisions.--
        (1) Survey to obtain legal description.--The exact acreage and 
    the legal description of any real property to be conveyed under 
    this section shall be determined by a survey that is satisfactory 
    to the Secretary.
        (2) Applicability of property screening provisions.--Section 
    2696 of title 10, United States Code, shall not apply to any 
    conveyance under this section.
        (3) Costs of conveyance.--An entity to which a conveyance is 
    made under this section shall be responsible for all reasonable and 
    necessary costs, including real estate transaction and 
    environmental documentation costs, associated with the conveyance.
        (4) Liability.--An entity to which a conveyance is made under 
    this section shall hold the United States harmless from any 
    liability with respect to activities carried out, on or after the 
    date of the conveyance, on the real property conveyed. The United 
    States shall remain responsible for any liability with respect to 
    activities carried out, before such date, on the real property 
    conveyed.
        (5) Additional terms and conditions.--The Secretary may require 
    that any conveyance under this section be subject to such 
    additional terms and conditions as the Secretary considers 
    necessary and appropriate to protect the interests of the United 
    States.
    (b) Eufaula, Alabama.--
        (1) Conveyance authorized.--The Secretary shall convey to the 
    City of Eufaula, Alabama, all right, title, and interest of the 
    United States in and to the real property described in the 
    Department of the Army Lease No. DACW01-2-17-0747, containing 56.76 
    acres, more or less, and being a part of Tracts L-1268 (26.12 
    acres), L-1273 (13.71 acres), L-1278 (6.75 acres), and L1279 (10.36 
    acres) of the Walter F. George Lock and Dam and Lake project.
        (2) Deed.--The Secretary shall convey the property under this 
    subsection by quitclaim deed under such terms and conditions as the 
    Secretary determines appropriate to protect the interests of the 
    United States.
        (3) Consideration.--The City of Eufaula, Alabama, shall pay to 
    the Secretary an amount that is not less than the fair market value 
    of the property conveyed under this subsection, as determined by 
    the Secretary.
    (c) Montgomery, Alabama.--
        (1) Conveyance authorized.--The Secretary shall convey to the 
    City of Montgomery, Alabama, all right, title, and interest of the 
    United States in and to the real property described in paragraph 
    (2).
        (2) Property.--The property to be conveyed is the 62.38 acres 
    of land and water under the primary jurisdiction of the Secretary 
    in the R.E. ``Bob'' Woodruff Project Area that is covered by lease 
    number DACW01-1-05-0037, including the parcels and structure known 
    as ``Powder Magazine''.
        (3) Deadline.--To the extent practicable, the Secretary shall 
    complete the conveyance under this subsection by not later than 180 
    days after the date of enactment of this Act.
        (4) Deed.--The Secretary shall convey the property under this 
    subsection by quitclaim deed under such terms and conditions as the 
    Secretary determines appropriate to protect the interests of the 
    United States, to include retaining the right to inundate with 
    water any land transferred under this subsection.
        (5) Consideration.--The City of Montgomery, Alabama, shall pay 
    to the Secretary an amount that is not less than the fair market 
    value of the property conveyed under this subsection, as determined 
    by the Secretary.
    (d) Conveyance of Wilmington Harbor North Disposal Area, 
Delaware.--
        (1) In general.--As soon as practicable, the Secretary shall 
    complete the conveyance of the Wilmington Harbor North Disposal 
    Area confined disposal facility, Delaware, to the State of 
    Delaware.
        (2) Deed.--The Secretary shall convey the property under this 
    subsection by quitclaim deed under such terms and conditions as the 
    Secretary determines appropriate to protect the interests of the 
    United States.
        (3) Consideration.--The State of Delaware shall pay to the 
    Secretary an amount that is not less than the fair market value of 
    the property conveyed under this subsection, as determined by the 
    Secretary.
    (e) Ohio River Lock and Dam Number 52, Massac County, Illinois.--
        (1) Conveyance authorized.--The Secretary shall convey to the 
    Massac-Metropolis Port District, Illinois, all right, title, and 
    interest of the United States in and to any real property located 
    north of the south bank of the Ohio River in Massac County, 
    Illinois, that is associated with the Ohio River Lock and Dam 52.
        (2) Deed.--The Secretary shall convey the property under this 
    subsection by quitclaim deed under such terms and conditions as the 
    Secretary determines appropriate to protect the interests of the 
    United States.
        (3) Consideration.--The Massac-Metropolis Port District, 
    Illinois, shall pay to the Secretary an amount that is not less 
    than fair market value of the property conveyed under this 
    subsection, as determined by the Secretary.
    (f) Upper St. Anthony Falls Lock and Dam, Minneapolis, Minnesota.--
        (1) Conveyance authorized.--As soon as practicable after the 
    date of enactment of this Act, the Secretary shall, upon request--
            (A) convey, without consideration, to the City of 
        Minneapolis, Minnesota, or its designee, all or substantially 
        all of the real property owned by the United States adjacent to 
        or in the vicinity of the Upper St. Anthony Falls Lock and Dam, 
        subject to the right of the Secretary to retain any easements 
        in such property solely to the extent necessary to continue to 
        operate and maintain the Upper St. Anthony Falls Lock and Dam; 
        and
            (B) provide, without consideration, to the City or its 
        designee--
                (i) access and use rights by license, easement, or 
            similar agreement, to any real property and structures at 
            the site of the Upper St. Anthony Falls Lock and Dam that 
            is not conveyed under subparagraph (A); and
                (ii) for any such property retained by the Secretary, 
            exclusive license or easement over such property to allow 
            the City or its designee to construct, use, and operate 
            amenities thereon, and to utilize such property as a 
            comprehensive recreational, touristic, and interpretive 
            experience.
        (2) Ownership and operation of lock and dam.--Ownership rights 
    to the Upper St. Anthony Falls Lock and Dam shall not be conveyed 
    under this subsection, and the Secretary shall retain all rights to 
    operate and maintain the Upper St. Anthony Falls Lock and Dam.
        (3) Reversion.--If the Secretary determines that the property 
    conveyed under this subsection is not used for a public purpose, 
    all right, title, and interest in and to the property shall revert, 
    at the discretion of the Secretary, to the United States.
        (4) Upper st. anthony falls lock and dam defined.--In this 
    subsection, the term ``Upper St. Anthony Falls Lock and Dam'' means 
    the lock and dam located on Mississippi River Mile 853.9 in 
    Minneapolis, Minnesota.
    (g) Clinton, Missouri.--
        (1) Conveyance authorized.--The Secretary shall convey to the 
    City of Clinton, Missouri, without consideration, all right, title, 
    and interest of the United States in and to the real property 
    described in paragraph (2).
        (2) Property.--The property to be conveyed is a tract of land 
    situated in the S \1/2\ of Section 12 and the N \1/2\ of Section 
    13, Township 41 North, Range 26 West of the Fifth Principal 
    Meridian, Henry County, Missouri, more particularly described as 
    follows: Beginning at the point of intersection of the north line 
    of said S \1/2\ of Section 12 and the easterly right-of-way of 
    State Highway No. 13; thence easterly along the north line of said 
    S \1/2\ to the northeast corner of the W \1/2\ NW \1/4\ NE \1/4\ SW 
    \1/4\ of said Section 12; thence southerly along the east line of 
    said W \1/2\ NW \1/4\ NE \1/4\ SW \1/4\ to the southeast corner 
    thereof; thence easterly along the north line of the S \1/2\ NE \1/
    4\ SW \1/4\ of said Section 12 to the southwest corner of the W \1/
    2\ NW \1/4\ NW \1/4\ SE \1/4\ of said Section 12; thence in a 
    northeasterly direction to the northeast corner of said W \1/2\ NW 
    \1/4\ NW \1/4\ SE \1/4\ ; thence easterly along the north line of 
    said S \1/2\ to the westerly right-of-way of the County Road; 
    thence in a southeasterly and southerly direction along the 
    westerly right-of-way of said County Road approximately 2500 feet 
    to the center of Deer Creek; thence in a southwesterly direction 
    along the center of said Deer Creek, approximately 3900 feet to the 
    south line of said N \1/2\ of Section 13; thence westerly along the 
    south line of said N \1/2\ to the easterly right-of-way line of the 
    St. Louis-San Francisco Railroad; thence in a northwesterly 
    direction along the easterly right-of-way of said railroad to the 
    easterly right-of-way of said State Highway No. 13; thence in a 
    northeasterly direction along the easterly right-of-way of said 
    State Highway No. 13 to the point of the beginning; and including a 
    roadway easement for ingress and egress, described as a strip of 
    land 80 feet in width, lying 40 feet on each side of the following 
    described line, the initial extremities of the following described 
    strip being extended or reduced as required to exactly adjoin the 
    boundary lines which they meet, situated in the S \1/2\ of Section 
    12, Township 41 North Range 26 West of the Fifth Principal 
    Meridian, Henry County, Missouri, more particularly described as 
    follows: Commencing at the center of said Section 12, thence 
    Sl24'56''W, 1265.52 feet to a point, thence N8829'02''W, 483.97 
    feet to the point of beginning of the strip of land herein 
    described; thence in a northeasterly direction along a curve to the 
    right, said curve having an initial tangent bearing of N344'4l''E, 
    a radius of 238.73 feet and an interior angle of 6129'26'', an arc 
    distance of 256.21 feet to a point; thence N6514'07''E 218.58 feet 
    to a point; thence in a northeasterly direction along a curve to 
    the left, having a radius of 674.07 feet and an interior angle of 
    3600'01'', an arc distance of 423.53 feet to a point; thence 
    N2914'07''E, 417.87 feet to a point; thence northeasterly along a 
    curve to the right, having a radius of 818.51 feet and an interior 
    angle of 1430'01'', an arc distance of 207.15 feet to a point; 
    thence N4344'07''E, 57.00 feet to the southerly right-of-way line 
    of a county road, containing 2,948 acres, more or less; Excluding 
    therefrom a tract of land situated in the S \1/2\ of said Section 
    12, said Township and Range, described as commencing at the center 
    of said Section 12; thence S124'56''W, 1265.52 feet to the point 
    of beginning of the tract of land herein described; thence 
    N8829'02''W, 1122.50 feet; thence S143'26''W, 872.62 feet; thence 
    S8829'02''E, 1337.36 feet; thence Nl43'26''E, 872.62 feet; thence 
    N8829'02''W, 214.86 feet to the point of beginning, containing 
    26.79 acres, more or less. The above described tract contains, in 
    the aggregate, 177.69 acres, more or less.
        (3) Deed.--The Secretary shall convey the property under this 
    subsection by quitclaim deed under such terms and conditions as the 
    Secretary determines appropriate to protect the interests of the 
    United States.
        (4) Reversion.--If the Secretary determines that the property 
    conveyed under this subsection is not being used for a public 
    purpose, all right, title, and interest in and to the property 
    shall revert, at the discretion of the Secretary, to the United 
    States.
    (h) City of Clinton, Old Orchard Addition, Missouri.--
        (1) Conveyance authorized.--The Secretary shall convey to the 
    City of Clinton, Missouri, all right, title, and interest of the 
    United States in and to the real property described in paragraph 
    (2).
        (2) Property.--The property to be conveyed is Lot 28 in Old 
    Orchard Addition, a subdivision of the City of Clinton, Henry 
    County, Missouri, containing 0.36 acres, more or less, including 
    any improvements thereon.
        (3) Deed.--The Secretary shall convey the property under this 
    subsection by quitclaim deed under such terms and conditions as the 
    Secretary determines appropriate to protect the interests of the 
    United States, including such reservations, terms, and conditions 
    as the Secretary determines necessary to allow the United States to 
    operate and maintain the Harry S. Truman Reservoir Project.
        (4) Consideration.--The City of Clinton, Missouri, shall pay to 
    the Secretary an amount that is not less than the fair market value 
    of the property conveyed under this subsection, as determined by 
    the Secretary.
    (i) Tri-County Levee District, Missouri.--
        (1) Conveyance authorized.--The Secretary shall convey to the 
    Tri-County Levee District, Missouri, all right, title, and interest 
    of the United States in and to the real property described in 
    paragraph (2).
        (2) Property.--The property to be conveyed is the part of 
    Sections 1 and 12 Township 45 North Range 6 West of the 5th P.M. in 
    Montgomery County, Missouri, described as follows: A tract of land 
    being 60' wide and lying South and East of and adjoining the 
    centerline of the existing levee and being described as follows: 
    Commencing at the NW corner of Section 12, thence S 87 52' 35'' E 
    587.4', thence S 01 29' 25'' W 453.68' to the point of the 
    beginning; said point being in the center of the levee, thence with 
    the centerline of the levee N 77 01' 30'' E 164.92', thence N 74 
    26' 55'' E 250.0', thence N 72 27' 55'' E 270.0', thence N 69 06' 
    10'' E 300.0', thence N 66 42' 15'' E 500.0', thence N 64 14' 
    30'' E 270.0', thence N 61 09' 10'' E 800.0', thence N 60 58' 
    15'' E 1724.45', thence leaving the centerline S 01 10' 35'' W 
    69.43', thence parallel with the above described centerline S 60 
    58' 15'' W 1689.62', thence S 61 09' 10'' W 801.71', thence S 64 
    14' 30'' W 272.91', thence S 66 42' 15'' W 502.55', thence S 69 
    06' 10'' W 303.02', thence S 72 27' 55'' W 272.8', thence S 74 
    26' 55'' W 252.39', thence S 77 01' 30'' W 181.75', thence leaving 
    the South side of the levee N 01 26' 25'' E 61.96' to the point of 
    beginning and containing 5.89 acres more or less.
        (3) Deed.--The Secretary shall convey the property under this 
    subsection by quitclaim deed under such terms and conditions as the 
    Secretary determines appropriate to protect the interests of the 
    United States.
        (4) Consideration.--The Tri-County Levee District, Missouri, 
    shall pay to the Secretary an amount that is not less than the fair 
    market value of the property conveyed under this subsection, as 
    determined by the Secretary.
    (j) Judge Joseph Barker, Jr., House, Ohio.--
        (1) Non-federal entity.--In this subsection, the term ``non-
    Federal entity'' means the Friends of Joseph Barker, Jr., House, a 
    nonprofit organization in the State of Ohio.
        (2) Conveyance authorized.--
            (A) In general.--Subject to paragraph (6), the Secretary 
        shall convey to the non-Federal entity, without consideration, 
        all right, title, and interest of the United States in and to 
        the property described in paragraph (3)(A).
            (B) Easement.--Upon conveyance of the property under 
        subparagraph (A), the Secretary shall provide to the non-
        Federal entity, without consideration, an easement over the 
        property described in paragraph (3)(B) for access to the 
        conveyed property for as long as the non-Federal entity is in 
        legal possession of the conveyed property.
        (3) Descriptions of property.--
            (A) In general.--The property referred to in paragraph 
        (2)(A) is the following (as in existence on the date of 
        enactment of this Act):
                (i) Judge joseph barker, jr., house.--The tract of land 
            situated in the State of Ohio, Washington County, on the 
            Ohio River, and being particularly bounded and described as 
            follows: Beginning at a point located on the southern 
            right-of-way line of Ohio Route 7, a new corner to the land 
            now or formerly owned by the United States of America; 
            thence, leaving the right-of-way of said Route 7 and 
            severing the land of said United States of America parallel 
            to and approximately 10 feet easterly of the toe of the 
            existing dredge disposal berm, southeasterly approximately 
            326 feet to a point prior to the current Corps of Engineers 
            access to the dredging spoil area; thence, northeasterly 
            approximately 480 feet paralleling the top of the slope to 
            the riverbank side of the house and approximately 25 feet 
            northerly therefrom; thence, northwest approximately 302 
            feet to a point in the southern right-of-way of Ohio Route 
            7; thence with the right-of-way of said Route 7, 
            southwesterly approximately 485 feet to the point of 
            beginning, containing approximately 3.51 acres.
                (ii) Road tract.--The tract of land situated in the 
            State of Ohio, Washington County, on the Ohio River, and 
            being particularly bounded and described as follows: 
            Beginning at a point located on the southern right-of-way 
            line of Ohio Route 7, a new corner to the land now or 
            formerly owned by the United States of America; thence, 
            leaving the right-of-way of said Route 7 and severing the 
            land of said United States of America and with the House 
            Parcel southeasterly 25 feet; thence, northeast, running 
            parallel to said Route 7 right-of-way, approximately 994 
            feet to a point of deflection; thence northeasterly 368 
            feet to a point beyond the existing fence corner; thence, 
            east 140 feet to the edge of the existing Willow Island 
            access road; thence with said access road, northwesterly 
            approximately 62 feet to a point in the southern right-of-
            way of Ohio Route 7; thence with the right-of-way of said 
            Route 7, southwesterly approximately 1,491 feet to the 
            point of beginning, containing approximately 1 acre.
            (B) Easement.--The property referred to in paragraph (2)(B) 
        is the following: The tract of land situated in the State of 
        Ohio, Washington County, on the Ohio River, and being 
        particularly bounded and described as follows: Beginning at a 
        point at the intersection of the southern right-of-way of Ohio 
        Route 7 and the northeast side of the existing Willow Island 
        access road, a new corner to the land now or formerly owned by 
        the United States of America; thence, southwest, running with 
        said Route 7 right-of-way, approximately 30 feet to a point on 
        the southwest side of the existing access road, and corner to 
        the road tract; thence with said access road and the line of 
        the road parcel, southeasterly approximately 62 feet to a 
        point; thence leaving the road parcel and crossing the existing 
        access road northeasterly approximately 30 feet to a point 
        located on the northeast side of the existing access road; 
        thence, northwesterly approximately 62 feet, to the point of 
        beginning, containing approximately 0.04 acre.
        (4) Deed.--The Secretary shall convey the property under this 
    subsection by quitclaim deed under such terms and conditions as the 
    Secretary determines appropriate to protect the interests of the 
    United States.
        (5) Reversion.--If the Secretary determines that the property 
    conveyed under this subsection is not being used by the non-Federal 
    entity for a public purpose, all right, title, and interest in and 
    to the property shall revert, at the discretion of the Secretary, 
    to the United States.
        (6) Requirements.--
            (A) Improvements; environmental assessment.--
                (i) Improvements.--The Secretary shall make such 
            improvements and alterations to the property described in 
            paragraph (3)(A)(i) as the Secretary, in consultation with 
            the non-Federal entity and relevant stakeholders, 
            determines to be appropriate to facilitate conveyance of 
            the property and provision of the easement under this 
            subsection.
                (ii) Environmental assessment.--Before making a 
            conveyance under paragraph (2), the Secretary shall--

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

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

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

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

                TITLE IV--WATER RESOURCES INFRASTRUCTURE

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


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


        (2) Flood risk management.--


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


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


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


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


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


        (5) Ecosystem restoration.--


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


        (6) Water supply.--


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


        (7) Modifications and other projects.--


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


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

                         TITLE V--OTHER MATTERS

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

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

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

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

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

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

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

                    ``(I) includes--

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

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

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

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

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

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

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

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

   DIVISION BB--PRIVATE HEALTH INSURANCE AND PUBLIC HEALTH PROVISIONS

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

   DIVISION BB--PRIVATE HEALTH INSURANCE AND PUBLIC HEALTH PROVISIONS

Sec. 1. Table of contents.

                        TITLE I--NO SURPRISES ACT

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

                         TITLE II--TRANSPARENCY

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

                   TITLE III--PUBLIC HEALTH PROVISIONS

                    Subtitle A--Extenders Provisions

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

                 Subtitle B--Strengthening Public Health

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

                       Subtitle C--FDA Amendments

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

                    Subtitle D--Technical Corrections

Sec. 331. Technical corrections.

                       TITLE I--NO SURPRISES ACT

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

                ``PART D--ADDITIONAL COVERAGE PROVISIONS

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

              ``PART E--HEALTH CARE PROVIDER REQUIREMENTS

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

                         TITLE II--TRANSPARENCY

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

                Subtitle B--Strengthening Public Health

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

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

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

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

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

                       Subtitle C--FDA Amendments

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

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

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

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

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

                   Subtitle D--Technical Corrections

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

                     DIVISION CC--HEALTH EXTENDERS

SEC. 1. TABLE OF CONTENTS.

Sec. 1. Table of contents.

                      TITLE I--MEDICARE PROVISIONS

                     Subtitle A--Medicare Extenders

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

                  Subtitle B--Other Medicare Provisions

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

             TITLE II--MEDICAID EXTENDERS AND OTHER POLICIES

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

                        TITLE III--HUMAN SERVICES

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

                        TITLE IV--HEALTH OFFSETS

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

                         TITLE V--MISCELLANEOUS

Sec. 501. Implementation funding.

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

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

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

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

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

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

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

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

                 Subtitle B--Other Medicare Provisions

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

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

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

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

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

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

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

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

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

     ``Rural Emergency Hospital Services; Rural Emergency Hospital

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

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

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

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

                (ii) in subparagraph (N)--

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

            TITLE II--MEDICAID EXTENDERS AND OTHER POLICIES

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

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

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

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

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

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

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

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

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

                       TITLE III--HUMAN SERVICES

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

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

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

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

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

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

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

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

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

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

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

                        TITLE IV--HEALTH OFFSETS

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

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

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

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

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

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

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

                         TITLE V--MISCELLANEOUS

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

            DIVISION DD--MONTANA WATER RIGHTS PROTECTION ACT

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

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

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

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

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

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

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

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

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

Sec. 1. Short title; table of contents.

            TITLE I--EXTENSION OF CERTAIN EXPIRING PROVISIONS

              Subtitle A--Certain Provisions Made Permanent

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

          Subtitle B--Certain Provisions Extended Through 2025

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

            Subtitle C--Extension of Certain Other Provisions

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

                       TITLE II--OTHER PROVISIONS

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

                     TITLE III--DISASTER TAX RELIEF

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

          Subtitle B--Certain Provisions Extended Through 2025

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

           Subtitle C--Extension of Certain Other Provisions

    SEC. 131. CREDIT FOR ELECTRICITY PRODUCED FROM CERTAIN RENEWABLE 
      RESOURCES.
    (a) In General.--The following provisions of section 45(d) are each 
amended by striking ``January 1, 2021'' each place it appears and 
inserting ``January 1, 2022'':
        (1) Paragraph (1).
        (2) Paragraph (2)(A).
        (3) Paragraph (3)(A).
        (4) Paragraph (4)(B).
        (5) Paragraph (6).
        (6) Paragraph (7).
        (7) Paragraph (9).
        (8) Paragraph (11)(B).
    (b) Extension of Election to Treat Qualified Facilities as Energy 
Property.--Section 48(a)(5)(C)(ii) is amended by striking ``January 1, 
2021'' and inserting ``January 1, 2022''.
    (c) Conforming Amendments Related to Application of Phaseout 
Percentage.--
        (1) Section 45(b)(5)(D) is amended by striking ``January 1, 
    2021'' and inserting ``January 1, 2022''.
        (2) Section 48(a)(5)(E)(iv) is amended by striking ``January 1, 
    2021'' and inserting ``January 1, 2022''.
    (d) Effective Date.--The amendments made by this section shall take 
effect on January 1, 2021.
    SEC. 132. EXTENSION AND PHASEOUT OF ENERGY CREDIT.
    (a) Extensions.--Section 48 is amended--
        (1) in subsection (a)--
            (A) in paragraph (2)(A)(i)(II), by striking ``January 1, 
        2022'' and inserting ``January 1, 2024'', and
            (B) in paragraph (3)(A)--
                (i) in clause (ii), by striking ``January 1, 2022'' and 
            inserting ``January 1, 2024'', and
                (ii) in clause (vii), by striking ``January 1, 2022'' 
            and inserting ``January 1, 2024'', and
        (2) in subsection (c)--
            (A) in paragraph (1)(D), by striking ``January 1, 2022'' 
        and inserting ``January 1, 2024'',
            (B) in paragraph (2)(D), by striking ``January 1, 2022'' 
        and inserting ``January 1, 2024'',
            (C) in paragraph (3)(A)(iv), by striking ``January 1, 
        2022'' and inserting ``January 1, 2024'', and
            (D) in paragraph (4)(C), by striking ``January 1, 2022'' 
        and inserting ``January 1, 2024''.
    (b) Phaseouts.--
        (1) Solar energy property.--Section 48(a)(6) is amended--
            (A) in subparagraph (A)--
                (i) by striking ``January 1, 2022, the energy 
            percentage'' and inserting ``January 1, 2024, the energy 
            percentage'',
                (ii) in clause (i), by striking ``January 1, 2021'' and 
            inserting ``January 1, 2023'', and
                (iii) in clause (ii), by striking ``after December 31, 
            2020, and before January 1, 2022'' and inserting ``after 
            December 31, 2022, and before January 1, 2024'', and
            (B) in subparagraph (B), by striking ``begins before 
        January 1, 2022, and which is not placed in service before 
        January 1, 2024'' and inserting ``begins before January 1, 
        2024, and which is not placed in service before January 1, 
        2026''.
        (2) Fiber-optic solar, qualified fuel cell, and qualified small 
    wind energy property.--Section 48(a)(7) is amended--
            (A) in subparagraph (A)--
                (i) in clause (i), by striking ``January 1, 2021'' and 
            inserting ``January 1, 2023'', and
                (ii) in clause (ii), by striking ``after December 31, 
            2020, and before January 1, 2022'' and inserting ``after 
            December 31, 2022, and before January 1, 2024'', and
            (B) in subparagraph (B), by striking ``January 1, 2024'' 
        and inserting ``January 1, 2026''.
    (c) Effective Date.--The amendments made by this section shall take 
effect on January 1, 2020.
    SEC. 133. TREATMENT OF MORTGAGE INSURANCE PREMIUMS AS QUALIFIED 
      RESIDENCE INTEREST.
    (a) In General.--Section 163(h)(3)(E)(iv)(I) is amended by striking 
``December 31, 2020'' and inserting ``December 31, 2021''.
    (b) Effective Date.--The amendment made by this section shall apply 
to amounts paid or accrued after December 31, 2020.
    SEC. 134. CREDIT FOR HEALTH INSURANCE COSTS OF ELIGIBLE 
      INDIVIDUALS.
    (a) In General.--Section 35(b)(1)(B) is amended by striking 
``January 1, 2021'' and inserting ``January 1, 2022''.
    (b) Effective Date.--The amendment made by this section shall apply 
to months beginning after December 31, 2020.
    SEC. 135. INDIAN EMPLOYMENT CREDIT.
    (a) In General.--Section 45A(f) is amended by striking ``December 
31, 2020'' and inserting ``December 31, 2021''.
    (b) Effective Date.--The amendment made by this section shall apply 
to taxable years beginning after December 31, 2020.
    SEC. 136. MINE RESCUE TEAM TRAINING CREDIT.
    (a) In General.--Section 45N(e) is amended by striking ``December 
31, 2020'' and inserting ``December 31, 2021''.
    (b) Effective Date.--The amendment made by this section shall apply 
to taxable years beginning after December 31, 2020.
    SEC. 137. CLASSIFICATION OF CERTAIN RACE HORSES AS 3-YEAR PROPERTY.
    (a) In General.--Section 168(e)(3)(A)(i) is amended--
        (1) by striking ``January 1, 2021'' in subclause (I) and 
    inserting ``January 1, 2022'', and
        (2) by striking ``December 31, 2020'' in subclause (II) and 
    inserting ``December 31, 2021''.
    (b) Effective Date.--The amendments made by this section shall 
apply to property placed in service after December 31, 2020.
    SEC. 138. ACCELERATED DEPRECIATION FOR BUSINESS PROPERTY ON INDIAN 
      RESERVATIONS.
    (a) In General.--Section 168(j)(9) is amended by striking 
``December 31, 2020'' and inserting ``December 31, 2021''.
    (b) Effective Date.--The amendment made by this section shall apply 
to property placed in service after December 31, 2020.
    SEC. 139. AMERICAN SAMOA ECONOMIC DEVELOPMENT CREDIT.
    (a) In General.--Section 119(d) of division A of the Tax Relief and 
Health Care Act of 2006 is amended--
        (1) by striking ``January 1, 2021'' each place it appears and 
    inserting ``January 1, 2022'',
        (2) by striking ``first 15 taxable years'' in paragraph (1) and 
    inserting ``first 16 taxable years'', and
        (3) by striking ``first 9 taxable years'' in paragraph (2) and 
    inserting ``first 10 taxable years''.
    (b) Effective Date.--The amendments made by this section shall 
apply to taxable years beginning after December 31, 2020.
    SEC. 140. SECOND GENERATION BIOFUEL PRODUCER CREDIT.
    (a) In General.--Section 40(b)(6)(J)(i) is amended by striking 
``January 1, 2021'' and inserting ``January 1, 2022''.
    (b) Effective Date.--The amendment made by this section shall apply 
to qualified second generation biofuel production after December 31, 
2020.
    SEC. 141. NONBUSINESS ENERGY PROPERTY.
    (a) In General.--Section 25C(g)(2) is amended by striking 
``December 31, 2020'' and inserting ``December 31, 2021''.
    (b) Effective Date.--The amendment made by this section shall apply 
to property placed in service after December 31, 2020.
    SEC. 142. QUALIFIED FUEL CELL MOTOR VEHICLES.
    (a) In General.--Section 30B(k)(1) is amended by striking 
``December 31, 2020'' and inserting ``December 31, 2021''.
    (b) Effective Date.--The amendment made by this section shall apply 
to property purchased after December 31, 2020.
    SEC. 143. ALTERNATIVE FUEL REFUELING PROPERTY CREDIT.
    (a) In General.--Section 30C(g) is amended by striking ``December 
31, 2020'' and inserting ``December 31, 2021''.
    (b) Effective Date.--The amendment made by this section shall apply 
to property placed in service after December 31, 2020.
    SEC. 144. 2-WHEELED PLUG-IN ELECTRIC VEHICLE CREDIT.
    (a) In General.--Section 30D(g)(3)(E)(ii) is amended by striking 
``January 1, 2021'' and inserting ``January 1, 2022''.
    (b) Effective Date.--The amendment made by this section shall apply 
to vehicles acquired after December 31, 2020.
    SEC. 145. PRODUCTION CREDIT FOR INDIAN COAL FACILITIES.
    (a) In General.--Section 45(e)(10)(A) is amended by striking ``15-
year period'' each place it appears and inserting ``16-year period''.
    (b) Effective Date.--The amendments made by this section shall 
apply to coal produced after December 31, 2020.
    SEC. 146. ENERGY EFFICIENT HOMES CREDIT.
    (a) In General.--Section 45L(g) is amended by striking ``December 
31, 2020'' and inserting ``December 31, 2021''.
    (b) Effective Date.--The amendment made by this section shall apply 
to homes acquired after December 31, 2020.
    SEC. 147. EXTENSION OF EXCISE TAX CREDITS RELATING TO ALTERNATIVE 
      FUELS.
    (a) In General.--Sections 6426(d)(5) and 6426(e)(3) are each 
amended by striking ``December 31, 2020'' and inserting ``December 31, 
2021''.
    (b) Outlay Payments for Alternative Fuels.--Section 6427(e)(6)(C) 
is amended by striking ``December 31, 2020'' and inserting ``December 
31, 2021''.
    (c) Effective Date.--The amendments made by this subsection shall 
apply to fuel sold or used after December 31, 2020.
    SEC. 148. EXTENSION OF RESIDENTIAL ENERGY-EFFICIENT PROPERTY CREDIT 
      AND INCLUSION OF BIOMASS FUEL PROPERTY EXPENDITURES.
    (a) Extension.--
        (1) In general.--Section 25D(h) is amended by striking 
    ``December 31, 2021'' and inserting ``December 31, 2023''.
        (2) Phasedown.--Section 25D(g) is amended--
            (A) by striking ``January 1, 2021'' in paragraph (2) and 
        inserting ``January 1, 2023'', and
            (B) by striking ``after December 31, 2020, and before 
        January 1, 2022'' in paragraph (3) and inserting ``after 
        December 31, 2022, and before January 1, 2024''.
    (b) Qualified Biomass Fuel Property Expenditures.--
        (1) In general.--Section 25D(a) is amended by striking ``and'' 
    at the end of paragraph (4), by inserting ``and'' at the end of 
    paragraph (5), and by inserting after paragraph (5) the following 
    new paragraph:
        ``(6) the qualified biomass fuel property expenditures, and''.
        (2) Qualified biomass fuel property expenditures defined.--
    Section 25D(d) is amended by adding at the end the following new 
    paragraph:
        ``(6) Qualified biomass fuel property expenditure.--
            ``(A) In general.--The term `qualified biomass fuel 
        property expenditure' means an expenditure for property--
                ``(i) which uses the burning of biomass fuel to heat a 
            dwelling unit located in the United States and used as a 
            residence by the taxpayer, or to heat water for use in such 
            a dwelling unit, and
                ``(ii) which has a thermal efficiency rating of at 
            least 75 percent (measured by the higher heating value of 
            the fuel).
            ``(B) Biomass fuel.--For purposes of this section, the term 
        `biomass fuel' means any plant-derived fuel available on a 
        renewable or recurring basis.''.
        (3) Denial of double benefit for biomass stoves.--
            (A) In general.--Section 25C(d)(3) is amended by adding 
        ``and'' at the end of subparagraph (C), by striking ``, and'' 
        at the end of subparagraph (D) and inserting a period, and by 
        striking subparagraph (E).
            (B) Conforming amendment.--Section 25C(d) is amended by 
        striking paragraph (6).
    (c) Effective Date.--
        (1) Extension.--The amendments made by subsection (a) shall 
    apply to property placed in service after December 31, 2020.
        (2) Qualified biomass fuel property expenditures.--The 
    amendments made by subsection (b) shall apply to expenditures paid 
    or incurred in taxable years beginning after December 31, 2020.
    SEC. 149. BLACK LUNG DISABILITY TRUST FUND EXCISE TAX.
    (a) In General.--Section 4121(e)(2)(A) is amended by striking 
``December 31, 2020'' and inserting ``December 31, 2021''.
    (b) Effective Date.--The amendment made by this section shall apply 
to sales after December 31, 2020.

                       TITLE II--OTHER PROVISIONS

    SEC. 201. MINIMUM LOW-INCOME HOUSING TAX CREDIT RATE.
    (a) In General.--Subsection (b) of section 42 is amended--
        (1) by redesignating paragraph (3) as paragraph (4), and
        (2) by inserting after paragraph (2) the following new 
    paragraph:
        ``(3) Minimum credit rate.--In the case of any new or existing 
    building to which paragraph (2) does not apply and which is placed 
    in service by the taxpayer after December 31, 2020, the applicable 
    percentage shall not be less than 4 percent.''.
    (b) Effective Date.--The amendments made by this section shall 
apply to--
        (1) any building which receives an allocation of housing credit 
    dollar amount after December 31, 2020, and
        (2) in the case of any building any portion of which is 
    financed with an obligation described in section 42(h)(4)(A), any 
    such building if any such obligation which so finances such 
    building is issued after December 31, 2020.
    SEC. 202. DEPRECIATION OF CERTAIN RESIDENTIAL RENTAL PROPERTY OVER 
      30-YEAR PERIOD.
    Section 13204(b) of Public Law 115-97 is amended--
        (1) in paragraph (1), by striking ``paragraph (2)'' and 
    inserting ``paragraphs (2) and (3)'', and
        (2) by adding at the end the following:
        ``(3) Certain residential rental property.--In the case of any 
    residential rental property--
            ``(A) which was placed in service before January 1, 2018,
            ``(B) which is held by an electing real property trade or 
        business (as defined in section 163(j)(7)(B) of the Internal 
        Revenue Code of 1986), and
            ``(C) for which subparagraph (A), (B), (C), (D), or (E) of 
        section 168(g)(1) of the Internal Revenue Code of 1986 did not 
        apply prior to such date,
    the amendments made by subsection (a)(3)(C) shall apply to taxable 
    years beginning after December 31, 2017.''.
    SEC. 203. WASTE ENERGY RECOVERY PROPERTY ELIGIBLE FOR ENERGY 
      CREDIT.
    (a) In General.--Section 48(a)(3)(A) is amended by striking ``or'' 
at the end of clause (vi), by inserting ``or'' at the end of clause 
(vii), and by adding at the end the following new clause:
                ``(viii) waste energy recovery property,''.
    (b) Application of 30 Percent Credit.--Section 48(a)(2)(A)(i) is 
amended by striking ``and'' at the end of subclause (III) and by adding 
at the end the following new subclause:

                    ``(V) waste energy recovery property, and''.

    (c) Application of Phaseout.--Section 48(a)(7) is amended--
        (1) by inserting ``waste energy recovery property,'' after 
    ``qualified small wind property,'', and
        (2) by striking ``fiber-optic solar, qualified fuel cell, and 
    qualified small wind'' in the heading thereof and inserting 
    ``certain other''.
    (d) Definition.--Section 48(c) is amended by adding at the end the 
following new paragraphs:
        ``(5) Waste energy recovery property.--
            ``(A) In general.--The term `waste energy recovery 
        property' means property that generates electricity solely from 
        heat from buildings or equipment if the primary purpose of such 
        building or equipment is not the generation of electricity.
            ``(B) Capacity limitation.--The term `waste energy recovery 
        property' shall not include any property which has a capacity 
        in excess of 50 megawatts.
            ``(C) No double benefit.--Any waste energy recovery 
        property (determined without regard to this subparagraph) which 
        is part of a system which is a combined heat and power system 
        property shall not be treated as waste energy recovery property 
        for purposes of this section unless the taxpayer elects to not 
        treat such system as a combined heat and power system property 
        for purposes of this section.
            ``(D) Termination.--The term `waste energy recovery 
        property' shall not include any property the construction of 
        which does not begin before January 1, 2024.''.
    (e) Effective Date.--The amendments made by this section shall 
apply to periods after December 31, 2020, under rules similar to the 
rules of section 48(m) as in effect on the day before the date of the 
enactment of the Revenue Reconciliation Act of 1990.
    SEC. 204. EXTENSION OF ENERGY CREDIT FOR OFFSHORE WIND FACILITIES.
    (a) In General.--Section 48(a)(5) is amended by adding at the end 
the following new subparagraph:
            ``(F) Qualified offshore wind facilities.--
                ``(i) In general.--In the case of any qualified 
            offshore wind facility--

                    ``(I) subparagraph (C)(ii) shall be applied by 
                substituting `January 1, 2026' for `January 1, 2022',
                    ``(II) subparagraph (E) shall not apply, and
                    ``(III) for purposes of this paragraph, section 
                45(d)(1) shall be applied by substituting `January 1, 
                2026'' for `January 1, 2022'.

                ``(ii) Qualified offshore wind facility.--For purposes 
            of this subparagraph, the term `qualified offshore wind 
            facility' means a qualified facility (within the meaning of 
            section 45) described in paragraph (1) of section 45(d) 
            (determined without regard to any date by which the 
            construction of the facility is required to begin) which is 
            located in the inland navigable waters of the United States 
            or in the coastal waters of the United States.''.
    (b) Effective Date.--The amendment made by this section shall apply 
to periods after December 31, 2016, under rules similar to the rules of 
section 48(m) of the Internal Revenue Code of 1986 (as in effect on the 
day before the date of the enactment of the Revenue Reconciliation Act 
of 1990).
    SEC. 205. MINIMUM RATE OF INTEREST FOR CERTAIN DETERMINATIONS 
      RELATED TO LIFE INSURANCE CONTRACTS.
    (a) Modification of Minimum Rate for Purposes of Cash Value 
Accumulation Test.--
        (1) In general.--Section 7702(b)(2)(A) is amended by striking 
    ``an annual effective rate of 4 percent'' and inserting ``the 
    applicable accumulation test minimum rate''.
        (2) Applicable accumulation test minimum rate.--Section 7702(b) 
    is amended by adding at the end the following new paragraph:
        ``(3) Applicable accumulation test minimum rate.--For purposes 
    of paragraph (2)(A), the term `applicable accumulation test minimum 
    rate' means the lesser of--
            ``(A) an annual effective rate of 4 percent, or
            ``(B) the insurance interest rate (as defined in subsection 
        (f)(11)) in effect at the time the contract is issued.''.
    (b) Modification of Minimum Rate for Purposes of Guideline Premium 
Requirements.--
        (1) In general.--Section 7702(c)(3)(B)(iii) is amended by 
    striking ``an annual effective rate of 6 percent'' and inserting 
    ``the applicable guideline premium minimum rate''.
        (2) Applicable guideline premium minimum rate.--Section 
    7702(c)(3) is amended by adding at the end the following new 
    subparagraph:
            ``(E) Applicable guideline premium minimum rate.--For 
        purposes of subparagraph (B)(iii), the term `applicable 
        guideline premium minimum rate' means the applicable 
        accumulation test minimum rate (as defined in subsection 
        (b)(3)) plus 2 percentage points.''.
    (c) Application of Modified Minimum Rates to Determination of 
Guideline Level Premium.--Section 7702(c)(4) is amended--
        (1) by striking ``4 percent'' and inserting ``the applicable 
    accumulation test minimum rate'', and
        (2) by striking ``6 percent'' and inserting ``the applicable 
    guideline premium minimum rate''.
    (d) Insurance Interest Rate.--Section 7702(f) is amended by adding 
at the end the following new paragraph:
        ``(11) Insurance interest rate.--For purposes of this section--
            ``(A) In general.--The term `insurance interest rate' 
        means, with respect to any contract issued in any calendar 
        year, the lesser of--
                ``(i) the section 7702 valuation interest rate for such 
            calendar year (or, if such calendar year is not an 
            adjustment year, the most recent adjustment year), or
                ``(ii) the section 7702 applicable Federal interest 
            rate for such calendar year (or, if such calendar year is 
            not an adjustment year, the most recent adjustment year).
            ``(B) Section 7702 valuation interest rate.--The term 
        `section 7702 valuation interest rate' means, with respect to 
        any adjustment year, the prescribed U.S. valuation interest 
        rate for life insurance with guaranteed durations of more than 
        20 years (as defined in the National Association of Insurance 
        Commissioners' Standard Valuation Law) as effective in the 
        calendar year immediately preceding such adjustment year.
            ``(C) Section 7702 applicable federal interest rate.--The 
        term `section 7702 applicable Federal interest rate' means, 
        with respect to any adjustment year, the average (rounded to 
        the nearest whole percentage point) of the applicable Federal 
        mid-term rates (as defined in section 1274(d) but based on 
        annual compounding) effective as of the beginning of each of 
        the calendar months in the most recent 60-month period ending 
        before the second calendar year prior to such adjustment year.
            ``(D) Adjustment year.--The term `adjustment year' means 
        the calendar year following any calendar year that includes the 
        effective date of a change in the prescribed U.S. valuation 
        interest rate for life insurance with guaranteed durations of 
        more than 20 years (as defined in the National Association of 
        Insurance Commissioners' Standard Valuation Law).
            ``(E) Transition rule.--Notwithstanding subparagraph (A), 
        the insurance interest rate shall be 2 percent in the case of 
        any contract which is issued during the period that--
                ``(i) begins on January 1, 2021, and
                ``(ii) ends immediately before the beginning of the 
            first adjustment year that beings after December 31, 
            2021.''.
    (e) Effective Date.--The amendments made by this section shall 
apply to contracts issued after December 31, 2020.
    SEC. 206. CLARIFICATIONS AND TECHNICAL IMPROVEMENTS TO CARES ACT 
      EMPLOYEE RETENTION CREDIT.
    (a) Gross Receipts of Tax-exempt Organizations.--Section 
2301(c)(2)(C) of the CARES Act is amended--
        (1) by striking ``of such Code, clauses (i) and (ii)(I)'' and 
    inserting ``of such Code--
                ``(i) clauses (i) and (ii)(I)'',
        (2) by striking the period at the end and inserting ``, and'', 
    and
        (3) by adding at the end the following new clause:
                ``(ii) any reference in this section to gross receipts 
            shall be treated as a reference to gross receipts within 
            the meaning of section 6033 of such Code.''.
    (b) Modification of Treatment of Health Plan Expenses.--Section 
2301(c) of the CARES Act is amended--
        (1) by striking subparagraph (C) of paragraph (3), and
        (2) in paragraph (5)--
            (A) by striking ``The term'' and inserting the following:
            ``(A) In general.--The term'', and
            (B) by adding at the end the following new subparagraph:
            ``(B) Allowance for certain health plan expenses.--
                ``(i) In general.--Such term shall include amounts paid 
            by the eligible employer to provide and maintain a group 
            health plan (as defined in section 5000(b)(1) of the 
            Internal Revenue Code of 1986), but only to the extent that 
            such amounts are excluded from the gross income of 
            employees by reason of section 106(a) of such Code.
                ``(ii) Allocation rules.--For purposes of this section, 
            amounts treated as wages under clause (i) shall be treated 
            as paid with respect to any employee (and with respect to 
            any period) to the extent that such amounts are properly 
            allocable to such employee (and to such period) in such 
            manner as the Secretary may prescribe. Except as otherwise 
            provided by the Secretary, such allocation shall be treated 
            as properly made if made on the basis of being pro rata 
            among periods of coverage.''.
    (c) Improved Coordination Between Paycheck Protection Program and 
Employee Retention Tax Credit.--
        (1) Amendment to paycheck protection program.--Section 
    7A(a)(12) of the Small Business Act, as redesignated, transferred, 
    and amended by the Economic Aid to Hard-Hit Small Businesses, 
    Nonprofits, and Venues Act, is amended by adding at the end the 
    following: ``Such payroll costs shall not include qualified wages 
    taken into account in determining the credit allowed under section 
    2301 of the CARES Act or qualified wages taken into account in 
    determining the credit allowed under subsection (a) or (d) of 
    section 303 of the Taxpayer Certainty and Disaster Relief Act of 
    2020.''.
        (2) Amendments to employee retention tax credit.--
            (A) In general.--Section 2301(g) of the CARES Act is 
        amended to read as follows:
    ``(g) Election to Not Take Certain Wages Into Account.--
        ``(1) In general.--This section shall not apply to so much of 
    the qualified wages paid by an eligible employer as such employer 
    elects (at such time and in such manner as the Secretary may 
    prescribe) to not take into account for purposes of this section.
        ``(2) Coordination with paycheck protection program.--The 
    Secretary, in consultation with the Administrator of the Small 
    Business Administration, shall issue guidance providing that 
    payroll costs paid during the covered period shall not fail to be 
    treated as qualified wages under this section by reason of an 
    election under paragraph (1) to the extent that a covered loan of 
    the eligible employer is not forgiven by reason of a decision under 
    section 7A(g) of the Small Business Act. Terms used in the 
    preceding sentence which are also used in section 7A of the Small 
    Business Act shall have the same meaning as when used in such 
    section.''.
            (B) Conforming amendments.--
                (i) Section 2301 of the CARES Act is amended by 
            striking subsection (j).
                (ii) Section 2301(l) of the CARES Act is amended by 
            striking paragraph (3) and by redesignating paragraphs (4) 
            and (5) as paragraphs (3) and (4), respectively.
    (d) Regulations and Guidance.--Section 2301(l) of the CARES Act, as 
amended by subsection (c)(2)(B)(ii), is amended by striking ``and'' at 
the end of paragraph (3), by striking the period at the end of 
paragraph (4) and inserting ``, and'', and by adding at the end the 
following new paragraph:
        ``(5) to prevent the avoidance of the purposes of the 
    limitations under this section, including through the leaseback of 
    employees.''.
    (e) Effective Date.--
        (1) In general.--The amendments made by this section shall take 
    effect as if included in the provisions of the CARES Act to which 
    they relate.
        (2) Special rule.--
            (A) In general.--For purposes of section 2301 of the CARES 
        Act, an employer who has filed a return of tax with respect to 
        applicable employment taxes (as defined in section 2301(c)(1) 
        of division A of such Act) before the date of the enactment of 
        this Act may elect (in such manner as the Secretary of the 
        Treasury (or the Secretary's delegate) shall prescribe) to 
        treat any applicable amount as an amount paid in the calendar 
        quarter which includes the date of the enactment of this Act.
            (B) Applicable amount.--For purposes of subparagraph (A), 
        the term ``applicable amount'' means the amount of wages 
        which--
                (i) are--

                    (I) described in section 2301(c)(5)(B) of the CARES 
                Act, as added by the amendments made by subsection (b), 
                or
                    (II) permitted to be treated as qualified wages 
                under guidance issued pursuant to section 2301(g)(2) of 
                the CARES Act (as added by subsection (c)), and

                (ii) were--

                    (I) paid in a calendar quarter beginning after 
                December 31, 2019, and before October 1, 2020, and
                    (II) not taken into account by the taxpayer in 
                calculating the credit allowed under section 2301(a) of 
                division A of such Act for such calendar quarter.

    SEC. 207. EXTENSION AND MODIFICATION OF EMPLOYEE RETENTION AND 
      REHIRING TAX CREDIT.
    (a) Extension.--
        (1) In general.--Section 2301(m) of the CARES Act is amended by 
    striking ``January 1, 2021'' and inserting ``July 1, 2021''.
        (2) Conforming amendment.--Section 2301(c)(2)(A)(i) of the 
    CARES Act is amended by striking ``during calendar year 2020'' and 
    inserting ``during the calendar quarter for which the credit is 
    determined under subsection (a)''.
    (b) Increase in Credit Percentage.--Section 2301(a) of the CARES 
Act is amended by striking ``50 percent'' and inserting ``70 percent''.
    (c) Increase in Per Employee Limitation.--Section 2301(b)(1) of the 
CARES Act is amended by striking ``for all calendar quarters shall not 
exceed $10,000'' and inserting ``for any calendar quarter shall not 
exceed $10,000''.
    (d) Modifications to Definition of Eligible Employer.--
        (1) Decrease in reduction in gross receipts necessary to 
    qualify as eligible employer.--
            (A) In general.--Section 2301(c)(2)(A)(ii)(II) of the CARES 
        Act is amended to read as follows:

                    ``(II) the gross receipts (within the meaning of 
                section 448(c) of the Internal Revenue Code of 1986) of 
                such employer for such calendar quarter are less than 
                80 percent of the gross receipts of such employer for 
                the same calendar quarter in calendar year 2019.''.

            (B) Application to employers not in existence in 2019.--
        Section 2301(c)(2)(A) of the CARES Act, as amended by 
        subparagraph (A), is amended by adding at the end the following 
        new flush sentence:
``With respect to any employer for any calendar quarter, if such 
employer was not in existence as of the beginning of the same calendar 
quarter in calendar year 2019, clause (ii)(II) shall be applied by 
substituting `2020' for `2019'.''.
        (2) Election to determine gross receipts test based on prior 
    quarter.--
            (A) In general.--Subparagraph (B) of section 2301(c)(2) of 
        the CARES Act is amended to read as follows:
            ``(B) Election to use alternative quarter.--At the election 
        of the employer--
                ``(i) subparagraph (A)(ii)(II) shall be applied--

                    ``(I) by substituting `for the immediately 
                preceding calendar quarter' for `for such calendar 
                quarter', and
                    ``(II) by substituting `the corresponding calendar 
                quarter in calendar year 2019' for `the same calendar 
                quarter in calendar year 2019', and

                ``(ii) the last sentence of subparagraph (A) shall be 
            applied by substituting `the corresponding calendar quarter 
            in calendar year 2019' for `the same calendar quarter in 
            calendar year 2019'.
        An election under this subparagraph shall be made at such time 
        and in such manner as the Secretary shall prescribe.''.
            (B) Conforming amendment.--Section 2301(l) of the CARES 
        Act, as amended by section 206, is amended by inserting ``and'' 
        at the end of paragraph (3), by striking paragraph (4), and by 
        redesignating paragraph (5) as paragraph (4).
        (3) Application to certain governmental employers.--
            (A) In general.--Section 2301(f) of the CARES Act is 
        amended--
                (i) by striking ``This'' and inserting the following:
        ``(1) In general.--This'', and
                (ii) by adding at the end the following new paragraph:
        ``(2) Exception.--Paragraph (1) shall not apply to--
            ``(A) any organization described in section 501(c)(1) of 
        the Internal Revenue Code of 1986 and exempt from tax under 
        section 501(a) of such Code, or
            ``(B) any entity described in paragraph (1) if --
                ``(i) such entity is a college or university, or
                ``(ii) the principal purpose or function of such entity 
            is providing medical or hospital care.
        In the case of any entity described in subparagraph (B), such 
        entity shall be treated as satisfying the requirements of 
        subsection (c)(2)(A)(i).''.
            (B) Conforming amendment.--Section 2301(c)(5)(A) of the 
        CARES Act, as amended by section 206(b)(2), is amended by 
        adding at the end the following new sentence: ``For purposes of 
        the preceding sentence, in the case of any organization or 
        entity described in subsection (f)(2), wages as defined in 
        section 3121(a) of the Internal Revenue Code of 1986 shall be 
        determined without regard to paragraphs (5), (6), (7), (10), 
        and (13) of section 3121(b) of such Code (except with respect 
        to services performed in a penal institution by an inmate 
        thereof).''.
    (e) Modification of Determination of Qualified Wages.--
        (1) Modification of threshold for treatment as a large 
    employer.--Section 2301(c)(3)(A) of the CARES Act is amended by 
    striking ``100'' each place it appears in clauses (i) and (ii) and 
    inserting ``500''.
        (2) Elimination of limitation.--Section 2301(c)(3) of the CARES 
    Act is amended--
            (A) by striking subparagraph (B), and
            (B) by striking ``Such term'' in the second sentence of 
        subparagraph (A) and inserting the following:
            ``(B) Exception.--The term `qualified wages'''.
    (f) Denial of Double Benefit.--Section 2301(h) of the CARES Act is 
amended--
        (1) by striking paragraphs (1) and (2) and inserting the 
    following:
        ``(1) Denial of double benefit.--Any wages taken into account 
    in determining the credit allowed under this section shall not be 
    taken into account as wages for purposes of sections 41, 45A, 45P, 
    45S, 51, and 1396 of the Internal Revenue Code of 1986.''.
        (2) by redesignating paragraph (3) as paragraph (2).
    (g) Advance Payments.--
        (1) In general.--Section 2301 of the CARES Act, as amended by 
    section 206(c)(2)(B)(i), is amended by inserting after subsection 
    (i) the following new subsection:
    ``(j) Advance Payments.--
        ``(1) In general.--Except as provided in paragraph (2), no 
    advance payment of the credit under subsection (a) shall be 
    allowed.
        ``(2) Advance payments to small employers.--
            ``(A) In general.--Under rules provided by the Secretary, 
        an eligible employer for which the average number of full-time 
        employees (within the meaning of section 4980H of the Internal 
        Revenue Code of 1986) employed by such eligible employer during 
        2019 was not greater than 500 may elect for any calendar 
        quarter to receive an advance payment of the credit under 
        subsection (a) for such quarter in an amount not to exceed 70 
        percent of the average quarterly wages paid by the employer in 
        calendar year 2019.
            ``(B) Special rule for seasonal employers.--In the case of 
        any employer who employs seasonal workers (as defined in 
        section 45R(d)(5)(B) of the Internal Revenue Code of 1986), the 
        employer may elect to substitute `the wages for the calendar 
        quarter in 2019 which corresponds to the calendar quarter to 
        which the election relates' for `the average quarterly wages 
        paid by the employer in calendar year 2019'.
            ``(C) Special rule for employers not in existence in 
        2019.--In the case of any employer that was not in existence in 
        2019, subparagraphs (A) and (B) shall each be applied by 
        substituting `2020' for `2019' each place it appears.
        ``(3) Reconciliation of credit with advance payments.--
            ``(A) In general.--The amount of credit which would (but 
        for this subsection) be allowed under this section shall be 
        reduced (but not below zero) by the aggregate payment allowed 
        to the taxpayer under paragraph (2). Any failure to so reduce 
        the credit shall be treated as arising out of a mathematical or 
        clerical error and assessed according to section 6213(b)(1) of 
        the Internal Revenue Code of 1986.
            ``(B) Excess advance payments.--If the advance payments to 
        a taxpayer under paragraph (2) for a calendar quarter exceed 
        the credit allowed by this section (determined without regard 
        to subparagraph (A)), the tax imposed by chapter 21 or 22 of 
        the Internal Revenue Code of 1986 (whichever is applicable) for 
        the calendar quarter shall be increased by the amount of such 
        excess.''.
        (2) Conforming amendments.--Section 2301(l) of the CARES Act, 
    as amended by section 206 and subsection (d)(2)(B), is amended--
            (A) by inserting ``as provided in subsection (j)(2)'' after 
        ``subsection (a)'' in paragraph (1),
            (B) by striking paragraph (2), and
            (C) by redesignating paragraphs (3) and (4) as paragraphs 
        (2) and (3), respectively.
    (h) Third-party Payors.--Section 2301(l) of the CARES Act, as 
amended by section 206 and subsections (d)(2)(B) and (g)(2), is amended 
by adding at the end the following flush sentence:
``Any forms, instructions, regulations, or guidance described in 
paragraph (2) shall require the customer to be responsible for the 
accounting of the credit and for any liability for improperly claimed 
credits and shall require the certified professional employer 
organization or other third party payor to accurately report such tax 
credits based on the information provided by the customer.''.
    (i) Public Awareness Campaign.--Section 2301 of the CARES Act is 
amended by adding at the end the following new subsection:
    ``(n) Public Awareness Campaign.--
        ``(1) In general.--The Secretary shall conduct a public 
    awareness campaign, in coordination with the Administrator of the 
    Small Business Administration, to provide information regarding the 
    availability of the credit allowed under this section.
        ``(2) Outreach.--Under the campaign conducted under paragraph 
    (1), the Secretary shall--
            ``(A) provide to all employers which reported not more than 
        500 employees on the most recently filed return of applicable 
        employment taxes a notice about the credit allowed under this 
        section and the requirements for eligibility to claim the 
        credit, and
            ``(B) not later than 30 days after the date of the 
        enactment of this subsection, provide to all employers 
        educational materials relating to the credit allowed under this 
        section, including specific materials for businesses with not 
        more than 500 employees.''.
    (j) Coordination With Certain Payroll Protection Program Loans.--
Section 2301(g)(2) of the CARES Act, as added by section 206(c)(2)(A), 
is amended by striking ``section 7A(g) of the Small Business Act'' and 
all that follows and inserting ``section 7A(g) of the Small Business 
Act or the application of section 7(a)(37)(J) of the Small Business 
Act. Terms used in the preceding sentence which are also used in 
section 7A(g) or 7(a)(37)(J) of the Small Business Act shall, when 
applied in connection with either such section, have the same meaning 
as when used in such section, respectively.''.
    (k) Effective Date.--The amendments made by this section shall 
apply to calendar quarters beginning after December 31, 2020.
    SEC. 208. MINIMUM AGE FOR DISTRIBUTIONS DURING WORKING RETIREMENT.
    (a) In General.--Paragraph (36) of section 401(a) is amended to 
read as follows:
        ``(36) Distributions during working retirement.--
            ``(A) In general.--A trust forming part of a pension plan 
        shall not be treated as failing to constitute a qualified trust 
        under this section solely because the plan provides that a 
        distribution may be made from such trust to an employee who has 
        attained age 59\1/2\ and who is not separated from employment 
        at the time of such distribution.
            ``(B) Certain employees in the building and construction 
        industry.--Subparagraph (A) shall be applied by substituting 
        `age 55' for `age 59\1/2\' in the case of a multiemployer plan 
        described in section 4203(b)(1)(B)(i) of the Employee 
        Retirement Income Security Act of 1974, with respect to 
        individuals who were participants in such plan on or before 
        April 30, 2013, if--
                ``(i) the trust to which subparagraph (A) applies was 
            in existence before January 1, 1970, and
                ``(ii) before December 31, 2011, at a time when the 
            plan provided that distributions may be made to an employee 
            who has attained age 55 and who is not separated from 
            employment at the time of such distribution, the plan 
            received at least 1 written determination from the Internal 
            Revenue Service that the trust to which subparagraph (A) 
            applies constituted a qualified trust under this 
            section.''.
    (b) Effective Date.--The amendment made by this section shall apply 
to distributions made before, on, or after the date of the enactment of 
this Act.
    SEC. 209. TEMPORARY RULE PREVENTING PARTIAL PLAN TERMINATION.
    A plan shall not be treated as having a partial termination (within 
the meaning of 411(d)(3) of the Internal Revenue Code of 1986) during 
any plan year which includes the period beginning on March 13, 2020, 
and ending on March 31, 2021, if the number of active participants 
covered by the plan on March 31, 2021 is at least 80 percent of the 
number of active participants covered by the plan on March 13, 2020.
    SEC. 210. TEMPORARY ALLOWANCE OF FULL DEDUCTION FOR BUSINESS MEALS.
    (a) In General.--Section 274(n)(2) of the Internal Revenue Code of 
1986 is amended by striking ``or'' at the end of subparagraph (B), by 
striking the period at the end of subparagraph (C)(iv) and inserting 
``, or'', and by inserting after subparagraph (C) the following new 
subparagraph:
            ``(D) such expense is--
                ``(i) for food or beverages provided by a restaurant, 
            and
                ``(ii) paid or incurred before January 1, 2023.''.
    (b) Effective Date.--The amendments made by this section shall 
apply to amounts paid or incurred after December 31, 2020.
    SEC. 211. TEMPORARY SPECIAL RULE FOR DETERMINATION OF EARNED 
      INCOME.
    (a) In General.--If the earned income of the taxpayer for the 
taxpayer's first taxable year beginning in 2020 is less than the earned 
income of the taxpayer for the preceding taxable year, the credits 
allowed under sections 24(d) and 32 of the Internal Revenue Code of 
1986 may, at the election of the taxpayer, be determined by 
substituting--
        (1) such earned income for the preceding taxable year, for
        (2) such earned income for the taxpayer's first taxable year 
    beginning in 2020.
    (b) Earned Income.--
        (1) In general.--For purposes of this section, the term 
    ``earned income'' has the meaning given such term under section 
    32(c) of the Internal Revenue Code of 1986.
        (2) Application to joint returns.--For purposes of subsection 
    (a), in the case of a joint return, the earned income of the 
    taxpayer for the preceding taxable year shall be the sum of the 
    earned income of each spouse for such preceding taxable year.
    (c) Special Rules.--
        (1) Errors treated as mathematical error.--For purposes of 
    section 6213 of the Internal Revenue Code of 1986, an incorrect use 
    on a return of earned income pursuant to subsection (a) shall be 
    treated as a mathematical or clerical error.
        (2) No effect on determination of gross income, etc.--Except as 
    otherwise provided in this section, the Internal Revenue Code of 
    1986 shall be applied without regard to any substitution under 
    subsection (a).
    SEC. 212. CERTAIN CHARITABLE CONTRIBUTIONS DEDUCTIBLE BY NON-
      ITEMIZERS.
    (a) In General.--Section 170 is amended by redesignating subsection 
(p) as subsection (q) and by inserting after subsection (o) the 
following new subsection:
    ``(p) Special Rule for Taxpayers Who Do Not Elect to Itemize 
Deductions.--In the case of any taxable year beginning in 2021, if the 
individual does not elect to itemize deductions for such taxable year, 
the deduction under this section shall be equal to the deduction, not 
in excess of $300 ( $600 in the case of a joint return), which would be 
determined under this section if the only charitable contributions 
taken into account in determining such deduction were contributions 
made in cash during such taxable year (determined without regard to 
subsections (b)(1)(G)(ii) and (d)(1)) to an organization described in 
section 170(b)(1)(A) and not--
        ``(1) to an organization described in section 509(a)(3), or
        ``(2) for the establishment of a new, or maintenance of an 
    existing, donor advised fund (as defined in section 4966(d)(2)).''.
    (b) Penalty for Underpayments Attributable to Overstated 
Deduction.--
        (1) In general.--Section 6662(b) is amended by inserting after 
    paragraph (8) the following:
        ``(9) Any overstatement of the deduction provided in section 
    170(p).''.
        (2) Increased penalty.--Section 6662 is amended by adding at 
    the end the following new subsection:
    ``(l) Increase in Penalty in Case of Overstatement of Qualified 
Charitable Contributions.--In the case of any portion of an 
underpayment which is attributable to one or more overstatements of the 
deduction provided in section 170(p), subsection (a) shall be applied 
with respect to such portion by substituting `50 percent' for `20 
percent'.''.
        (3) Exception to approval of assessment.--Section 6751(b)(2)(A) 
    is amended by striking ``or 6655'' and inserting ``6655, or 6662 
    (but only with respect to an addition to tax by reason of 
    subsection (b)(9) thereof)''.
    (b) Conforming Amendments.--
        (1) Section 63(b) is amended by striking ``and'' at the end of 
    paragraph (2), by striking the period at the end of paragraph (3) 
    and inserting ``, and'', and by adding at the end the following new 
    paragraph:
        ``(4) the deduction provided in section 170(p).''.
        (2) Section 63(d) is amended by adding ``and'' at the end of 
    paragraph (1), by striking paragraphs (2) and (3), and by inserting 
    after paragraph (1) the following new paragraph:
        ``(2) any deduction referred to in any paragraph of subsection 
    (b).''.
    (c) Repeal of Superseded Provisions.--
        (1) In general.--Section 62(a) is amended by striking paragraph 
    (22).
        (2) Conforming amendment.--Section 62 is amended by striking 
    subsection (f).
    (d) Effective Date.--The amendments made by this section shall 
apply to taxable years beginning after December 31, 2020.
    SEC. 213. MODIFICATION OF LIMITATIONS ON CHARITABLE CONTRIBUTIONS.
    (a) In General.--Subsections (a)(3)(A)(i) and (b) of section 2205 
of the CARES Act are each amended by inserting ``or 2021'' after 
``2020''.
    (b) Conforming Amendment.--The heading of section 2205 of the CARES 
Act is amended by striking ``modification of limitations on charitable 
contributions during 2020'' and inserting ``temporary modification of 
limitations on charitable contributions''.
    (c) Effective Date.--The amendments made by this section shall 
apply to contributions made after December 31, 2020.
    SEC. 214. TEMPORARY SPECIAL RULES FOR HEALTH AND DEPENDENT CARE 
      FLEXIBLE SPENDING ARRANGEMENTS.
    (a) Carryover From 2020 Plan Year.--For plan years ending in 2020, 
a plan that includes a health flexible spending arrangement or 
dependent care flexible spending arrangement shall not fail to be 
treated as a cafeteria plan under the Internal Revenue Code of 1986 
merely because such plan or arrangement permits participants to carry 
over (under rules similar to the rules applicable to health flexible 
spending arrangements) any unused benefits or contributions remaining 
in any such flexible spending arrangement from such plan year to the 
plan year ending in 2021.
    (b) Carryover From 2021 Plan Year.--For plan years ending in 2021, 
a plan that includes a health flexible spending arrangement or 
dependent care flexible spending arrangement shall not fail to be 
treated as a cafeteria plan under the Internal Revenue Code of 1986 
merely because such plan or arrangement permits participants to carry 
over (under rules similar to the rules applicable to health flexible 
spending arrangements) any unused benefits or contributions remaining 
in any such flexible spending arrangement from such plan year to the 
plan year ending in 2022.
    (c) Extension of Grace Periods, etc.--
        (1) In general.--A plan that includes a health flexible 
    spending arrangement or dependent care flexible spending 
    arrangement shall not fail to be treated as a cafeteria plan under 
    the Internal Revenue Code of 1986 merely because such plan or 
    arrangement extends the grace period for a plan year ending in 2020 
    or 2021 to 12 months after the end of such plan year, with respect 
    to unused benefits or contributions remaining in a health flexible 
    spending arrangement or a dependent care flexible spending 
    arrangement.
        (2) Post-termination reimbursements from health FSAs.--A plan 
    that includes a health flexible spending arrangement shall not fail 
    to be treated as a cafeteria plan under the Internal Revenue Code 
    of 1986 merely because such plan or arrangement allows (under rules 
    similar to the rules applicable to dependent care flexible spending 
    arrangements) an employee who ceases participation in the plan 
    during calendar year 2020 or 2021 to continue to receive 
    reimbursements from unused benefits or contributions through the 
    end of the plan year in which such participation ceased (including 
    any grace period, taking into account any modification of a grace 
    period permitted under paragraph (1)).
    (d) Special Carry Forward Rule for Dependent Care Flexible Spending 
Arrangements Where Dependent Aged Out During Pandemic.--
        (1) In general.--In the case of any eligible employee, section 
    21(b)(1)(A) of the Internal Revenue Code of 1986 shall be applied 
    by substituting ``age 14'' for ``age 13'' for purposes of 
    determining the dependent care assistance which may be paid or 
    reimbursed with respect to such employee under the dependent care 
    flexible spending arrangement referred to in paragraph (3)(A) with 
    respect to such employee during--
            (A) the plan year described in paragraph (3)(A), and
            (B) in the case of an employee described in paragraph 
        (3)(B)(ii), the subsequent plan year.
        (2) Application to subsequent plan year limited to unused 
    balance from preceding plan year.--Paragraph (1)(B) shall only 
    apply to so much of the amounts paid for dependent care assistance 
    with respect to the dependents referred to in paragraph (3)(B) as 
    does not exceed the unused balance described in paragraph 
    (3)(B)(ii).
        (3) Eligible employee.--For purposes of this section, the term 
    ``eligible employee'' means any employee who--
            (A) is enrolled in a dependent care flexible spending 
        arrangement for the last plan year with respect to which the 
        end of the regular enrollment period for such plan year was on 
        or before January 31, 2020, and
            (B) has one or more dependents (as defined in section 
        152(a)(1) of the Internal Revenue Code of 1986) who attain the 
        age of 13--
                (i) during such plan year, or
                (ii) in the case of an employee who (after the 
            application of this section) has an unused balance in the 
            employee's account under such arrangement for such plan 
            year (determined as of the close of the last day on which, 
            under the terms of the plan, claims for reimbursement may 
            be made with respect to such plan year), the subsequent 
            plan year.
    (e) Change in Election Amount.--For plan years ending in 2021, a 
plan that includes a health flexible spending arrangement or dependent 
care flexible spending arrangement shall not fail to be treated as a 
cafeteria plan under the Internal Revenue Code of 1986 merely because 
such plan or arrangement allows an employee to make an election to 
modify prospectively the amount (but not in excess of any applicable 
dollar limitation) of such employee's contributions to any such 
flexible spending arrangement (without regard to any change in status).
    (f) Definitions.--Any term used in this section which is also used 
in section 106, 125, or 129 of the Internal Revenue Code of 1986, or 
the regulations or guidance thereunder, shall have the same meaning as 
when used in such section, regulations, or guidance.
    (g) Plan Amendments.--A plan that includes a health flexible 
spending arrangement or dependent care flexible spending arrangement 
shall not fail to be treated as a cafeteria plan under the Internal 
Revenue Code of 1986 merely because such plan or arrangement is amended 
pursuant to a provision under this section and such amendment is 
retroactive, if--
        (1) such amendment is adopted not later than the last day of 
    the first calendar year beginning after the end of the plan year in 
    which the amendment is effective, and
        (2) the plan or arrangement is operated consistent with the 
    terms of such amendment during the period beginning on the 
    effective date of the amendment and ending on the date the 
    amendment is adopted.

                     TITLE III--DISASTER TAX RELIEF

    SEC. 301. DEFINITIONS.
    For purposes of this title--
        (1) Qualified disaster area.--
            (A) In general.--The term ``qualified disaster area'' means 
        any area with respect to which a major disaster was declared, 
        during the period beginning on January 1, 2020, and ending on 
        the date which is 60 days after the date of the enactment of 
        this Act, by the President under section 401 of the Robert T. 
        Stafford Disaster Relief and Emergency Assistance Act if the 
        incident period of the disaster with respect to which such 
        declaration is made begins on or after December 28, 2019, and 
        on or before the date of the enactment of this Act.
            (B) COVID-19 exception.--Such term shall not include any 
        area with respect to which such a major disaster has been so 
        declared only by reason of COVID-19.
        (2) Qualified disaster zone.--The term ``qualified disaster 
    zone'' means that portion of any qualified disaster area which was 
    determined by the President, during the period beginning on January 
    1, 2020, and ending on the date which is 60 days after the date of 
    the enactment of this Act, to warrant individual or individual and 
    public assistance from the Federal Government under the Robert T. 
    Stafford Disaster Relief and Emergency Assistance Act by reason of 
    the qualified disaster with respect to such disaster area.
        (3) Qualified disaster.--The term ``qualified disaster'' means, 
    with respect to any qualified disaster area, the disaster by reason 
    of which a major disaster was declared with respect to such area.
        (4) Incident period.--The term ``incident period'' means, with 
    respect to any qualified disaster, the period specified by the 
    Federal Emergency Management Agency as the period during which such 
    disaster occurred (except that for purposes of this title such 
    period shall not be treated as ending after the date which is 30 
    days after the date of the enactment of this Act).
    SEC. 302. SPECIAL DISASTER-RELATED RULES FOR USE OF RETIREMENT 
      FUNDS.
    (a) Tax-favored Withdrawals From Retirement Plans.--
        (1) In general.--Section 72(t) of the Internal Revenue Code of 
    1986 shall not apply to any qualified disaster distribution.
        (2) Aggregate dollar limitation.--
            (A) In general.--For purposes of this subsection, the 
        aggregate amount of distributions received by an individual 
        which may be treated as qualified disaster distributions for 
        any taxable year shall not exceed the excess (if any) of--
                (i) $100,000, over
                (ii) the aggregate amounts treated as qualified 
            disaster distributions received by such individual for all 
            prior taxable years.
            (B) Treatment of plan distributions.--If a distribution to 
        an individual would (without regard to subparagraph (A)) be a 
        qualified disaster distribution, a plan shall not be treated as 
        violating any requirement of the Internal Revenue Code of 1986 
        merely because the plan treats such distribution as a qualified 
        disaster distribution, unless the aggregate amount of such 
        distributions from all plans maintained by the employer (and 
        any member of any controlled group which includes the employer) 
        to such individual exceeds $100,000.
            (C) Controlled group.--For purposes of subparagraph (B), 
        the term ``controlled group'' means any group treated as a 
        single employer under subsection (b), (c), (m), or (o) of 
        section 414 of the Internal Revenue Code of 1986.
            (D) Special rule for individuals affected by more than one 
        disaster.--The limitation of subparagraph (A) shall be applied 
        separately with respect to distributions made with respect to 
        each qualified disaster.
        (3) Amount distributed may be repaid.--
            (A) In general.--Any individual who receives a qualified 
        disaster distribution may, at any time during the 3-year period 
        beginning on the day after the date on which such distribution 
        was received, make 1 or more contributions in an aggregate 
        amount not to exceed the amount of such distribution to an 
        eligible retirement plan of which such individual is a 
        beneficiary and to which a rollover contribution of such 
        distribution could be made under section 402(c), 403(a)(4), 
        403(b)(8), 408(d)(3), or 457(e)(16), of the Internal Revenue 
        Code of 1986, as the case may be.
            (B) Treatment of repayments of distributions from eligible 
        retirement plans other than iras.--For purposes of the Internal 
        Revenue Code of 1986, if a contribution is made pursuant to 
        subparagraph (A) with respect to a qualified disaster 
        distribution from an eligible retirement plan other than an 
        individual retirement plan, then the taxpayer shall, to the 
        extent of the amount of the contribution, be treated as having 
        received the qualified disaster distribution in an eligible 
        rollover distribution (as defined in section 402(c)(4) of such 
        Code) and as having transferred the amount to the eligible 
        retirement plan in a direct trustee to trustee transfer within 
        60 days of the distribution.
            (C) Treatment of repayments of distributions from iras.--
        For purposes of the Internal Revenue Code of 1986, if a 
        contribution is made pursuant to subparagraph (A) with respect 
        to a qualified disaster distribution from an individual 
        retirement plan (as defined by section 7701(a)(37) of such 
        Code), then, to the extent of the amount of the contribution, 
        the qualified disaster distribution shall be treated as a 
        distribution described in section 408(d)(3) of such Code and as 
        having been transferred to the eligible retirement plan in a 
        direct trustee to trustee transfer within 60 days of the 
        distribution.
        (4) Definitions.--For purposes of this subsection--
            (A) Qualified disaster distribution.--Except as provided in 
        paragraph (2), the term ``qualified disaster distribution'' 
        means any distribution from an eligible retirement plan made--
                (i) on or after the first day of the incident period of 
            a qualified disaster and before the date which is 180 days 
            after the date of the enactment of this Act, and
                (ii) to an individual whose principal place of abode at 
            any time during the incident period of such qualified 
            disaster is located in the qualified disaster area with 
            respect to such qualified disaster and who has sustained an 
            economic loss by reason of such qualified disaster.
            (B) Eligible retirement plan.--The term ``eligible 
        retirement plan'' shall have the meaning given such term by 
        section 402(c)(8)(B) of the Internal Revenue Code of 1986.
        (5) Income inclusion spread over 3-year period.--
            (A) In general.--In the case of any qualified disaster 
        distribution, unless the taxpayer elects not to have this 
        paragraph apply for any taxable year, any amount required to be 
        included in gross income for such taxable year shall be so 
        included ratably over the 3-taxable-year period beginning with 
        such taxable year.
            (B) Special rule.--For purposes of subparagraph (A), rules 
        similar to the rules of subparagraph (E) of section 408A(d)(3) 
        of the Internal Revenue Code of 1986 shall apply.
        (6) Special rules.--
            (A) Exemption of distributions from trustee to trustee 
        transfer and withholding rules.--For purposes of sections 
        401(a)(31), 402(f), and 3405 of the Internal Revenue Code of 
        1986, qualified disaster distributions shall not be treated as 
        eligible rollover distributions.
            (B) Qualified disaster distributions treated as meeting 
        plan distribution requirements.--For purposes of the Internal 
        Revenue Code of 1986, a qualified disaster distribution shall 
        be treated as meeting the requirements of sections 
        401(k)(2)(B)(i), 403(b)(7)(A)(i), 403(b)(11), and 457(d)(1)(A) 
        of such Code and section 8433(h)(1) of title 5, United States 
        Code, and, in the case of a money purchase pension plan, a 
        qualified disaster distribution which is an in-service 
        withdrawal shall be treated as meeting the distribution rules 
        of section 401(a) of such Code.
    (b) Recontributions of Withdrawals for Home Purchases.--
        (1) Recontributions.--
            (A) In general.--Any individual who received a qualified 
        distribution may, during the applicable period, make 1 or more 
        contributions in an aggregate amount not to exceed the amount 
        of such qualified distribution to an eligible retirement plan 
        (as defined in section 402(c)(8)(B) of the Internal Revenue 
        Code of 1986) of which such individual is a beneficiary and to 
        which a rollover contribution of such distribution could be 
        made under section 402(c), 403(a)(4), 403(b)(8), or 408(d)(3), 
        of such Code, as the case may be.
            (B) Treatment of repayments.--Rules similar to the rules of 
        subparagraphs (B) and (C) of subsection (a)(3) shall apply for 
        purposes of this subsection.
        (2) Qualified distribution.--For purposes of this subsection, 
    the term ``qualified distribution'' means any distribution--
            (A) described in section 401(k)(2)(B)(i)(IV), 
        403(b)(7)(A)(i)(V), 403(b)(11)(B), or 72(t)(2)(F), of the 
        Internal Revenue Code of 1986,
            (B) which was to be used to purchase or construct a 
        principal residence in a qualified disaster area, but which was 
        not so used on account of the qualified disaster with respect 
        to such area, and
            (C) which was received during the period beginning on the 
        date which is 180 days before the first day of the incident 
        period of such qualified disaster and ending on the date which 
        is 30 days after the last day of such incident period.
        (3) Applicable period.--For purposes of this subsection, the 
    term ``applicable period'' means, in the case of a principal 
    residence in a qualified disaster area with respect to any 
    qualified disaster, the period beginning on the first day of the 
    incident period of such qualified disaster and ending on the date 
    which is 180 days after the date of the enactment of this Act.
    (c) Loans From Qualified Plans.--
        (1) Increase in limit on loans not treated as distributions.--
    In the case of any loan from a qualified employer plan (as defined 
    under section 72(p)(4) of the Internal Revenue Code of 1986) to a 
    qualified individual made during the 180-day period beginning on 
    the date of the enactment of this Act--
            (A) clause (i) of section 72(p)(2)(A) of such Code shall be 
        applied by substituting `` $100,000'' for `` $50,000'', and
            (B) clause (ii) of such section shall be applied by 
        substituting ``the present value of the nonforfeitable accrued 
        benefit of the employee under the plan'' for ``one-half of the 
        present value of the nonforfeitable accrued benefit of the 
        employee under the plan''.
        (2) Delay of repayment.--In the case of a qualified individual 
    (with respect to any qualified disaster) with an outstanding loan 
    (on or after the first day of the incident period of such qualified 
    disaster) from a qualified employer plan (as defined in section 
    72(p)(4) of the Internal Revenue Code of 1986)--
            (A) if the due date pursuant to subparagraph (B) or (C) of 
        section 72(p)(2) of such Code for any repayment with respect to 
        such loan occurs during the period beginning on the first day 
        of the incident period of such qualified disaster and ending on 
        the date which is 180 days after the last day of such incident 
        period, such due date shall be delayed for 1 year (or, if 
        later, until the date which is 180 days after the date of the 
        enactment of this Act),
            (B) any subsequent repayments with respect to any such loan 
        shall be appropriately adjusted to reflect the delay in the due 
        date under subparagraph (A) and any interest accruing during 
        such delay, and
            (C) in determining the 5-year period and the term of a loan 
        under subparagraph (B) or (C) of section 72(p)(2) of such Code, 
        the period described in subparagraph (A) of this paragraph 
        shall be disregarded.
        (3) Qualified individual.--For purposes of this subsection, the 
    term ``qualified individual'' means any individual--
            (A) whose principal place of abode at any time during the 
        incident period of any qualified disaster is located in the 
        qualified disaster area with respect to such qualified 
        disaster, and
            (B) who has sustained an economic loss by reason of such 
        qualified disaster.
    (d) Provisions Relating to Plan Amendments.--
        (1) In general.--If this subsection applies to any amendment to 
    any plan or annuity contract, such plan or contract shall be 
    treated as being operated in accordance with the terms of the plan 
    during the period described in paragraph (2)(B)(i).
        (2) Amendments to which subsection applies.--
            (A) In general.--This subsection shall apply to any 
        amendment to any plan or annuity contract which is made--
                (i) pursuant to any provision of this section, or 
            pursuant to any regulation issued by the Secretary or the 
            Secretary of Labor under any provision of this section, and
                (ii) on or before the last day of the first plan year 
            beginning on or after January 1, 2022, or such later date 
            as the Secretary may prescribe.
        In the case of a governmental plan (as defined in section 
        414(d) of the Internal Revenue Code of 1986), clause (ii) shall 
        be applied by substituting the date which is 2 years after the 
        date otherwise applied under clause (ii).
            (B) Conditions.--This subsection shall not apply to any 
        amendment unless--
                (i) during the period--

                    (I) beginning on the date that this section or the 
                regulation described in subparagraph (A)(i) takes 
                effect (or in the case of a plan or contract amendment 
                not required by this section or such regulation, the 
                effective date specified by the plan), and
                    (II) ending on the date described in subparagraph 
                (A)(ii) (or, if earlier, the date the plan or contract 
                amendment is adopted),

        the plan or contract is operated as if such plan or contract 
        amendment were in effect, and
                (ii) such plan or contract amendment applies 
            retroactively for such period.
    SEC. 303. EMPLOYEE RETENTION CREDIT FOR EMPLOYERS AFFECTED BY 
      QUALIFIED DISASTERS.
    (a) In General.--For purposes of section 38 of the Internal Revenue 
Code of 1986, in the case of an eligible employer, the 2020 qualified 
disaster employee retention credit shall be treated as a credit listed 
at the end of subsection (b) of such section. For purposes of this 
subsection, the 2020 qualified disaster employee retention credit for 
any taxable year is an amount equal to 40 percent of the qualified 
wages with respect to each eligible employee of such employer for such 
taxable year. The amount of qualified wages with respect to any 
employee which may be taken into account under this subsection by the 
employer for any taxable year shall not exceed $6,000 (reduced by the 
amount of qualified wages with respect to such employee taken into 
account for any prior taxable year).
    (b) Definitions.--For purposes of this section--
        (1) Eligible employer.--The term ``eligible employer'' means 
    any employer--
            (A) which conducted an active trade or business in a 
        qualified disaster zone at any time during the incident period 
        of the qualified disaster with respect to such qualified 
        disaster zone, and
            (B) with respect to whom the trade or business described in 
        subparagraph (A) is inoperable at any time during the period 
        beginning on the first day of the incident period of such 
        qualified disaster and ending on the date of the enactment of 
        this Act, as a result of damage sustained by reason of such 
        qualified disaster.
        (2) Eligible employee.--The term ``eligible employee'' means 
    with respect to an eligible employer an employee whose principal 
    place of employment with such eligible employer (determined 
    immediately before the qualified disaster referred to in paragraph 
    (1)) was in the qualified disaster zone referred to in such 
    paragraph.
        (3) Qualified wages.--The term ``qualified wages'' means wages 
    (as defined in section 51(c)(1) of the Internal Revenue Code of 
    1986, but without regard to section 3306(b)(2)(B) of such Code) 
    paid or incurred by an eligible employer with respect to an 
    eligible employee at any time on or after the date on which the 
    trade or business described in paragraph (1) first became 
    inoperable at the principal place of employment of the employee 
    (determined immediately before the qualified disaster referred to 
    in such paragraph) and before the earlier of--
            (A) the date on which such trade or business has resumed 
        significant operations at such principal place of employment, 
        or
            (B) the date which is 150 days after the last day of the 
        incident period of the qualified disaster referred to in 
        paragraph (1).
    Such term shall include wages paid without regard to whether the 
    employee performs no services, performs services at a different 
    place of employment than such principal place of employment, or 
    performs services at such principal place of employment before 
    significant operations have resumed. Such term shall not include 
    any wages taken into account under section 2301 of the CARES Act.
    (c) Special Rules.--
        (1) Denial of double benefit.--Any wages taken into account in 
    determining any credit allowed under this section shall not be 
    taken into account as wages for purposes of sections 41, 45A, 45P, 
    45S, 51, and 1396 of the Internal Revenue Code of 1986.
        (2) Certain other rules to apply.--For purposes of this 
    section, rules similar to the rules of sections 51(i)(1), 52, and 
    280C(a) of the Internal Revenue Code of 1986 shall apply.
    (d) Payroll Tax Credit for Certain Tax-exempt Organizations.--
        (1) In general.--In the case of any qualified tax-exempt 
    organization, there shall be allowed as a credit against the tax 
    imposed by section 3111(a) of the Internal Revenue Code of 1986 on 
    wages paid with respect to employment of all employees of the 
    organization during the calendar quarter an amount equal to 40 
    percent of the qualified wages paid to eligible employees of such 
    organization during such calendar quarter.
        (2) Application of aggregate dollar limitation per employee.--
    The amount of qualified wages with respect to any employee which 
    may be taken into account under this subsection by the employer for 
    any calendar quarter shall not exceed $6,000 (reduced by the amount 
    of qualified wages with respect to which credit was allowed under 
    this subsection for any prior calendar quarter with respect to such 
    employee).
        (3) Overall limitation.--
            (A) In general.--The aggregate amount allowed as a credit 
        under this subsection for all eligible employees of any 
        employer for any calendar quarter shall not exceed the amount 
        of the tax imposed by section 3111(a) of the Internal Revenue 
        Code of 1986 on wages paid with respect to employment of all 
        employees of such employer during such calendar quarter 
        (reduced by any credits allowed under subsections (e) and (f) 
        of section 3111 of such Code for such quarter).
            (B) Carryforward.--If the amount of the credit under 
        paragraph (1) exceeds the limitation of subparagraph (A) for 
        any calendar quarter, such excess shall be carried to the 
        succeeding calendar quarter and allowed as a credit under 
        paragraph (1) for such quarter.
            (C) Coordination with other payroll tax credits.--
                (i) Section 7001(b)(3) of the Families First 
            Coronavirus Response Act is amended by inserting ``, and 
            section 303(d) of the Taxpayer Certainty and Disaster Tax 
            Relief Act of 2020,'' after ``subsections (e) and (f) of 
            section 3111 of such Code''.
                (ii) Section 7003(b)(2) of the Families First 
            Coronavirus Response Act is amended by striking ``and 
            section 7001 of this Act,'' and inserting ``section 7001 of 
            this Act, and section 303(d) of the Taxpayer Certainty and 
            Disaster Tax Relief Act of 2020,''.
                (iii) Section 2301(b)(2) of the CARES Act is amended by 
            striking ``and sections 7001 and 7003 of the Families First 
            Coronavirus Response Act'' and inserting ``, sections 7001 
            and 7003 of the Families First Coronavirus Response Act, 
            and section 303(d) of the Taxpayer Certainty and Disaster 
            Tax Relief Act of 2020''.
        (4) Definitions.--
            (A) Qualified tax-exempt organization.--For purposes of 
        this subsection, the term ``qualified tax-exempt organization'' 
        means an organization described in section 501(c) of the 
        Internal Revenue Code of 1986 and exempt from taxation under 
        section 501(a) of such Code if such organization would be an 
        eligible employer if the activities of such organization were 
        an active trade or business.
            (B) Application of certain terms with respect to qualified 
        tax-exempt organizations.--For purposes of this subsection, the 
        terms ``eligible employee'' and ``qualified wages'' shall be 
        applied with respect to any qualified tax-exempt organization--
                (i) by treating the activities of such organization as 
            an active trade or business, and
                (ii) by substituting ``wages (within the meaning of 
            subsection (d)(4)(C))'' for ``wages (as defined in section 
            51(c)(1) of the Internal Revenue Code of 1986, but without 
            regard to section 3306(b)(2)(B) of such Code)'' in 
            subsection (b)(3).
            (C) Other terms.--Except as otherwise provided in this 
        subsection, any term used in this subsection which is also used 
        in chapter 21 or 22 of the Internal Revenue Code of 1986 shall 
        have the same meaning as when used in such chapter.
        (5) Transfers to certain trust funds.--There are hereby 
    appropriated to the Federal Old-Age and Survivors Insurance Trust 
    Fund and the Federal Disability Insurance Trust Fund established 
    under section 201 of the Social Security Act (42 U.S.C. 401) and 
    the Social Security Equivalent Benefit Account established under 
    section 15A(a) of the Railroad Retirement Act of 1974 (45 U.S.C. 
    231n-1(a)) amounts equal to the reduction in revenues to the 
    Treasury by reason of this subsection (without regard to this 
    paragraph). Amounts appropriated by the preceding sentence shall be 
    transferred from the general fund at such times and in such manner 
    as to replicate to the extent possible the transfers which would 
    have occurred to such Trust Fund or Account had this subsection not 
    been enacted.
        (6) Treatment of deposits.--The Secretary shall waive any 
    penalty under section 6656 of such Code for any failure to make a 
    deposit of applicable employment taxes if the Secretary determines 
    that such failure was due to the anticipation of the credit allowed 
    under this subsection.
        (7) Third party payors.--Any credit allowed under this 
    subsection shall be treated as a credit described in section 
    3511(d)(2) of such Code.
        (8) Coordination with subsection (a) credit.--Any wages taken 
    into account in determining the credit allowed under this 
    subsection shall not be take into account as wages for purposes of 
    subsection (a).
        (9) Regulations and guidance.--The Secretary shall issue such 
    forms, instructions, regulations, and guidance as are necessary--
            (A) to allow the advance payment of the credit under 
        paragraph (1), subject to the limitations provided in this 
        subsection, based on such information as the Secretary shall 
        require,
            (B) regulations or other guidance to provide for the 
        reconciliation of such advance payment with the amount of the 
        credit under this subsection at the time of filing the return 
        of tax for the applicable quarter or taxable year,
            (C) with respect to the application of the credit under 
        paragraph (1) to third party payors (including professional 
        employer organizations, certified professional employer 
        organizations, or agents under section 3504 of the Internal 
        Revenue Code of 1986), including regulations or guidance 
        allowing such payors to submit documentation necessary to 
        substantiate the eligible employer status of employers that use 
        such payors, and
            (D) for recapturing the benefit of credits determined under 
        this subsection in cases where there is a subsequent adjustment 
        to the credit determined under paragraph (1).
    (e) Election to Not Take Certain Wages Into Account.--
        (1) In general.--This section shall not apply to qualified 
    wages paid by an eligible employer with respect to which such 
    employer makes an election (at such time and in such manner as the 
    Secretary may prescribe) to have this section not apply to such 
    wages.
        (2) Coordination with paycheck protection program.--The 
    Secretary, in consultation with the Administrator of the Small 
    Business Administration, shall issue guidance providing that 
    payroll costs paid or incurred during the covered period shall not 
    fail to be treated as qualified wages under this section by reason 
    of an election under paragraph (1) to the extent that a covered 
    loan of the eligible employer is not forgiven by reason of a 
    decision under section 7A(g) of the Small Business Act. Terms used 
    in the preceding sentence which are also used in section 7A(g) of 
    such Act shall have the same meaning as when used in such section.
    (f) Certain Governmental Employers.--
        (1) In general.--The credits under this section shall not apply 
    to the Government of the United States, the government of any State 
    or political subdivision thereof, or any agency or instrumentality 
    of any of the foregoing.
        (2) Exception.--Paragraph (1) shall not apply to--
            (A) any organization described in section 501(c)(1) of the 
        Internal Revenue Code of 1986 and exempt from tax under section 
        501(a) of such Code, or
            (B) any entity described in paragraph (1) if --
                (i) such entity is a college or university, or
                (ii) the principal purpose or function of such entity 
            is providing medical or hospital care.
        An entity described in subparagraph (B) shall be treated for 
        purposes of this section in the same manner as an organization 
        described in section 501(c) of the Internal Revenue Code of 
        1986 and exempt from tax under section 501(a) of such Code.
    (g) Amendment to Paycheck Protection Program.--Section 7A(a)(12) of 
the Small Business Act (as redesignated, transferred, and amended by 
the Economic Aid to Hard-Hit Small Businesses, Nonprofits, and Venues 
Act and as amended by section 206(c) of this division) is amended by 
adding at the end the following: ``Such payroll costs shall not include 
qualified wages taken into account in determining the credit allowed 
under subsection (a) or (d) of section 303 of the Taxpayer Certainty 
and Disaster Tax Relief Act of 2020.''.
    SEC. 304. OTHER DISASTER-RELATED TAX RELIEF PROVISIONS.
    (a) Special Rules for Qualified Disaster Relief Contributions.--
        (1) In general.--In the case of a qualified disaster relief 
    contribution made by a corporation--
            (A) section 2205(a)(2)(B) of the CARES Act shall be applied 
        first to qualified contributions without regard to any 
        qualified disaster relief contributions and then separately to 
        such qualified disaster relief contribution, and
            (B) in applying such section to such qualified disaster 
        relief contributions, clause (i) thereof shall be applied--
                (i) by substituting ``100 percent'' for ``25 percent'', 
            and
                (ii) by treating qualified contributions other than 
            qualified disaster relief contributions as contributions 
            allowed under section 170(b)(2) of the Internal Revenue 
            Code of 1986.
        (2) Qualified disaster relief contribution.--For purposes of 
    this subsection, the term ``qualified disaster relief 
    contribution'' means any qualified contribution (as defined in 
    section 2205(a)(3) of the CARES Act) if--
            (A) such contribution--
                (i) is paid, during the period beginning on January 1, 
            2020, and ending on the date which is 60 days after the 
            date of the enactment of this Act, and
                (ii) is made for relief efforts in one or more 
            qualified disaster areas,
            (B) the taxpayer obtains from such organization 
        contemporaneous written acknowledgment (within the meaning of 
        section 170(f)(8) of such Code) that such contribution was used 
        (or is to be used) for relief efforts described in subparagraph 
        (A)(ii), and
            (C) the taxpayer has elected the application of this 
        subsection with respect to such contribution.
        (3) Cross-reference.--For the suspension of the limitation on 
    qualified disaster relief contributions made by an individual 
    during 2020, see section 2205(a) of the CARES Act.
    (b) Special Rules for Qualified Disaster-related Personal Casualty 
Losses.--
        (1) In general.--If an individual has a net disaster loss for 
    any taxable year--
            (A) the amount determined under section 165(h)(2)(A)(ii) of 
        the Internal Revenue Code of 1986 shall be equal to the sum 
        of--
                (i) such net disaster loss, and
                (ii) so much of the excess referred to in the matter 
            preceding clause (i) of section 165(h)(2)(A) of such Code 
            (reduced by the amount in clause (i) of this subparagraph) 
            as exceeds 10 percent of the adjusted gross income of the 
            individual,
            (B) in the case of qualified disaster-related personal 
        casualty losses, section 165(h)(1) of such Code shall be 
        applied to by substituting `` $500'' for `` $500 ( $100 for 
        taxable years beginning after December 31, 2009)'',
            (C) the standard deduction determined under section 63(c) 
        of such Code shall be increased by the net disaster loss, and
            (D) section 56(b)(1)(E) of such Code shall not apply to so 
        much of the standard deduction as is attributable to the 
        increase under subparagraph (C) of this paragraph.
        (2) Net disaster loss.--For purposes of this subsection, the 
    term ``net disaster loss'' means the excess of qualified disaster-
    related personal casualty losses over personal casualty gains (as 
    defined in section 165(h)(3)(A) of the Internal Revenue Code of 
    1986).
        (3) Qualified disaster-related personal casualty losses.--For 
    purposes of this subsection, the term ``qualified disaster-related 
    personal casualty losses'' means losses described in section 
    165(c)(3) of the Internal Revenue Code of 1986 which arise in a 
    qualified disaster area on or after the first day of the incident 
    period of the qualified disaster to which such area relates, and 
    which are attributable to such qualified disaster.
    SEC. 305. LOW-INCOME HOUSING TAX CREDIT.
    (a) Additional Low-income Housing Credit Allocations.--
        (1) In general.--For purposes of section 42 of the Internal 
    Revenue Code of 1986, the State housing credit ceiling for any 
    State for each of calendar years 2021 and 2022 shall be increased 
    by the aggregate housing credit dollar amount allocated by the 
    State housing credit agencies of such State for such calendar year 
    to buildings located in any qualified disaster zone in such State.
        (2) Limitation.--
            (A) Application of aggregate limitation.--The increase 
        determined under paragraph (1) with respect to any State shall 
        not exceed--
                (i) in the case of any such increase determined for 
            calendar year 2021, the applicable dollar limitation for 
            such State, and
                (ii) in the case of any such increase determined for 
            calendar year 2022, the applicable dollar limitation for 
            such State reduced by the amount of any increase determined 
            under paragraph (1) with respect to such State for calendar 
            year 2021.
            (B) Applicable dollar limitation.--For purposes of this 
        paragraph, the term ``applicable dollar limitation'' means, 
        with respect to any State, the lesser of--
                (i) the product of $3.50 multiplied by the population 
            of such State (as determined for calendar year 2020) which 
            resides in qualified disaster zones in such State, or
                (ii) 65 percent of the State housing credit ceiling for 
            such State for calendar year 2020.
        (3) Extension of placed in service deadline for designated 
    housing credit dollar amounts.--
            (A) In general.--In the case of any housing credit dollar 
        amount which is allocated by a State housing credit agency of a 
        State for calendar year 2021 or 2022 to a building located in a 
        qualified disaster zone in such State and which is designated 
        (at such time and in such manner as the Secretary may provide) 
        by such State housing credit agency as housing credit dollar 
        amount to which this paragraph applies, section 42(h)(1)(E) of 
        the Internal Revenue Code of 1986 shall be applied--
                (i) by substituting ``third calendar year'' for 
            ``second calendar year'' both places it appears, and
                (ii) by substituting ``2 years'' for ``1 year'' in 
            clause (ii) thereof.
            (B) Application of limitation.--The aggregate amount of 
        housing credit dollar amount designated under subparagraph (A) 
        for any calendar year by all State housing credit agencies of a 
        State shall not exceed the amount determined under paragraph 
        (2)(A) with respect to such State for such calendar year.
        (4) Allocations treated as made first from additional 
    allocation for purposes of determining carryover.--For purposes of 
    determining the unused State housing credit ceiling for any 
    calendar year under section 42(h)(3)(C) of the Internal Revenue 
    Code of 1986, any increase in the State housing credit ceiling 
    under paragraph (1) shall be treated as an amount described in 
    clause (ii) of such section.
    SEC. 306. TREATMENT OF CERTAIN POSSESSIONS.
    (a) Payments to Possessions With Mirror Code Tax Systems.--The 
Secretary of the Treasury shall pay to each possession of the United 
States which has a mirror code tax system amounts equal to the loss (if 
any) to that possession by reason of the application of the provisions 
of this title. Such amounts shall be determined by the Secretary of the 
Treasury based on information provided by the government of the 
respective possession.
    (b) Payments to Other Possessions.--The Secretary of the Treasury 
shall pay to each possession of the United States which does not have a 
mirror code tax system amounts estimated by the Secretary of the 
Treasury as being equal to the aggregate benefits (if any) that would 
have been provided to residents of such possession by reason of the 
provisions of this title if a mirror code tax system had been in effect 
in such possession. The preceding sentence shall not apply unless the 
respective possession has a plan, which has been approved by the 
Secretary of the Treasury, under which such possession will promptly 
distribute such payments to its residents.
    (c) Mirror Code Tax System.--For purposes of this section, the term 
``mirror code tax system'' means, with respect to any possession of the 
United States, the income tax system of such possession if the income 
tax liability of the residents of such possession under such system is 
determined by reference to the income tax laws of the United States as 
if such possession were the United States.
    (d) Treatment of Payments.--For purposes of section 1324 of title 
31, United States Code, the payments under this section shall be 
treated in the same manner as a refund due from a credit provision 
referred to in subsection (b)(2) of such section.

                       DIVISION FF--OTHER MATTER
  TITLE I--CONTINUING EDUCATION AT AFFECTED FOREIGN INSTITUTIONS AND 
  MODIFICATION OF CERTAIN PROTECTIONS FOR TAXPAYER RETURN INFORMATION

    SEC. 101. CONTINUING EDUCATION AT AFFECTED FOREIGN INSTITUTIONS.
    (a) In General.--Section 3510 of the CARES Act (20 U.S.C. 1001 
note) is amended--
        (1) in subsection (a), by striking ``for the duration of such 
    emergency'' and all that follows through the period at the end and 
    inserting ``for purposes of title IV of the Higher Education Act of 
    1965 (20 U.S.C. 1070 et seq.) until the end of the covered period 
    applicable to the institution.'';
        (2) in subsection (b), by striking ``for the duration of the 
    qualifying emergency and the following payment period for purposes 
    of title IV of the Higher Education Act of 1965 (20 U.S.C. 1070 et 
    seq.).'' and inserting ``until the end of the covered period 
    applicable to the institution.'';
        (3) in subsection (c), by striking ``for the duration of the 
    qualifying emergency and the following payment period,'' and 
    inserting ``until all covered periods for foreign institutions 
    carrying out a distance education program authorized under this 
    section have ended,'';
        (4) in subsection (d)--
            (A) in paragraph (1)--
                (i) by striking ``for the duration of a qualifying 
            emergency and the following payment period,'' and inserting 
            ``until the end of the covered period applicable to a 
            foreign institution,''; and
                (ii) by striking ``allow a foreign institution'' and 
            inserting ``allow the foreign institution'';
            (B) in each of subparagraphs (A) and (B) of paragraph (2), 
        by striking ``subsection (a)'' and inserting ``paragraph (1)'';
            (C) in paragraph (3)(B), by striking ``30 days'' and 
        inserting ``10 days''; and
            (D) in paragraph (4)--
                (i) by striking ``for the duration of the qualifying 
            emergency and the following payment period,'' and inserting 
            ``until all covered periods for foreign institutions that 
            entered into written arrangements under paragraph (1) have 
            ended,''; and
                (ii) by striking ``identifies each foreign institution 
            that entered into a written arrangement under subsection 
            (a).'' and inserting the following: identifies, for each 
            such foreign institution--
            ``(A) the name of the foreign institution;
            ``(B) the name of the institution of higher education 
        located in the United States that has entered into a written 
        arrangement with such foreign institution; and
            ``(C) information regarding the nature of such written 
        arrangement, including which coursework or program requirements 
        are accomplished at each respective institution.''; and
        (5) by adding at the end the following:
    ``(e) Definition of Covered Period.--
        ``(1) In general.--In this section, the term `covered period', 
    when used with respect to a foreign institution of higher 
    education, means the period--
            ``(A) beginning on the first day of--
                ``(i) a qualifying emergency; or
                ``(ii) a public health emergency, major disaster or 
            emergency, or national emergency declared by the applicable 
            government authorities in the country in which the foreign 
            institution is located; and
            ``(B) ending on the later of--
                ``(i) subject to paragraph (2), the last day of the 
            payment period, for purposes of title IV of the Higher 
            Education Act of 1965 (20 U.S.C. 1070 et seq.), following 
            the end of any qualifying emergency or any emergency or 
            disaster described in subparagraph (A)(ii) applicable to 
            the foreign institution; or
                ``(ii) June 30, 2022.
        ``(2) Special rule for certain payment periods.--For purposes 
    of subparagraph (B)(i), if the following payment period for an 
    award year ends before June 30 of such award year, the covered 
    period shall be extended until June 30 of such award year.''.
    (b) Effective Date.--The amendments made by subsection (a) shall 
take effect as if included in the enactment of the CARES Act (Public 
Law 116-136).
    SEC. 102. DISCLOSURES TO IDENTIFY TAX RECEIVABLES NOT ELIGIBLE FOR 
      COLLECTION PURSUANT TO QUALIFIED TAX COLLECTION CONTRACTS.
    (a) In General.--Section 1106 of the Social Security Act (42 U.S.C. 
1306) is amended by adding at the end the following:
    ``(g) Notwithstanding any other provision of this section, the 
Commissioner of Social Security shall enter into an agreement with the 
Secretary of the Treasury under which--
        ``(1) if the Secretary provides the Commissioner with the 
    information described in section 6103(k)(15) of the Internal 
    Revenue Code of 1986 with respect to any individual, the 
    Commissioner shall indicate to the Secretary as to whether such 
    individual receives disability insurance benefits under section 223 
    or supplemental security income benefits under title XVI (including 
    State supplementary payments of the type referred to in section 
    1616(a) or payments of the type described in section 212(a) of 
    Public Law 93-66);
        ``(2) appropriate safeguards are included to assure that the 
    indication described in paragraph (1) will be used solely for the 
    purpose of determining if tax receivables involving such individual 
    are not eligible for collection pursuant to a qualified tax 
    collection contract by reason of section 6306(d)(3)(E) of the 
    Internal Revenue Code of 1986; and
        ``(3) the Secretary shall pay the Commissioner of Social 
    Security the full costs (including systems and administrative 
    costs) of providing the indication described in paragraph (1).''.
    (b) Authorization of Disclosure by Secretary of the Treasury.--
        (1) In general.--Section 6103(k) of the Internal Revenue Code 
    of 1986 is amended by adding at the end the following new 
    paragraph:
        ``(15) Disclosures to social security administration to 
    identify tax receivables not eligible for collection pursuant to 
    qualified tax collection contracts.--In the case of any individual 
    involved with a tax receivable which the Secretary has identified 
    for possible collection pursuant to a qualified tax collection 
    contract (as defined in section 6306(b)), the Secretary may 
    disclose the taxpayer identity and date of birth of such individual 
    to officers, employees, and contractors of the Social Security 
    Administration to determine if such tax receivable is not eligible 
    for collection pursuant to such a qualified tax collection contract 
    by reason of section 6306(d)(3)(E).''.
        (2) Conforming amendments related to safeguards.--
            (A) Section 6103(a)(3) of such Code is amended by striking 
        ``or (14)'' and inserting ``(14), or (15)''.
            (B) Section 6103(p)(4) of such Code is amended--
                (i) by striking ``(k)(8), (10) or (11)'' both places it 
            appears and inserting ``(k)(8), (10), (11), or (15)'', and
                (ii) by striking ``any other person described in 
            subsection (k)(10)'' each place it appears and inserting 
            ``any other person described in subsection (k)(10) or 
            (15)''.
            (C) Section 7213(a)(2) of such Code is amended by striking 
        ``(k)(10), (13), or (14)'' and inserting ``(k)(10), (13), (14), 
        or (15)''.
    (c) Effective Date.--The amendments made by this section shall 
apply to disclosures made on or after the date of the enactment of this 
Act.
    SEC. 103. MODIFICATION OF CERTAIN PROTECTIONS FOR TAXPAYER RETURN 
      INFORMATION.
    (a) Amendments to the Internal Revenue Code of 1986.--
        (1) In general.--Subparagraph (D) of section 6103(l)(13) of the 
    Internal Revenue Code of 1986 is amended--
            (A) by inserting at the end of clause (iii) the following 
        new sentence: ``Under such terms and conditions as may be 
        prescribed by the Secretary, after consultation with the 
        Department of Education, an institution of higher education 
        described in subclause (I) or a State higher education agency 
        described in subclause (II) may designate a contractor of such 
        institution or state agency to receive return information on 
        behalf of such institution or state agency to administer 
        aspects of the institution's or state agency's activities for 
        the application, award, and administration of such financial 
        aid.'', and
            (B) by adding at the end the following:
                ``(iv) Redisclosure to office of inspector general, 
            independent auditors, and contractors.--Any return 
            information which is redisclosed under clause (iii)--

                    ``(I) may be further disclosed by persons described 
                in subclauses (I), (II), or (III) of clause (iii) or 
                persons designated in the last sentence of clause (iii) 
                to the Office of Inspector General of the Department of 
                Education and independent auditors conducting audits of 
                such person's administration of the programs for which 
                the return information was received, and
                    ``(II) may be further disclosed by persons 
                described in subclauses (I), (II), or (III) of clause 
                (iii) to contractors of such entities,

            but only to the extent necessary in carrying out the 
            purposes described in such clause (iii).
                ``(v) Redisclosure to family members.--In addition to 
            the purposes for which information is disclosed and used 
            under subparagraphs (A) and (C), or redisclosed under 
            clause (iii), any return information so disclosed or 
            redisclosed may be further disclosed to any individual 
            certified by the Secretary of Education as having provided 
            approval under paragraph (1) or (2) of section 494(a) of 
            the Higher Education Act of 1965, as the case may be, for 
            disclosure related to the income-contingent or income-based 
            repayment plan under subparagraph (A) or the eligibility 
            for, and amount of, Federal student financial aid described 
            in subparagraph (C).
                ``(vi) Redisclosure of fafsa information.--Return 
            information received under subparagraph (C) may be 
            redisclosed in accordance with subsection (c) of section 
            494 of the Higher Education Act of 1965 as in effect on the 
            date of enactment of the Consolidated Appropriations Act, 
            2021 to carry out the purposes specified in such 
            subsection.''.
        (2) Conforming amendment.--Subparagraph (F) of section 
    6103(l)(13) of such Code is amended by inserting ``, and any 
    redisclosure authorized under clause (iii), (iv) (v), or (vi) of 
    subparagraph (D),'' after `` or (C)''.
        (3) Confidentiality of return information.--
            (A) Section 6103(a)(3) of such Code, as amended by section 
        3516(a)(1) of the CARES Act (Public Law 116-136), is amended by 
        striking ``(13)(A), (13)(B), (13)(C), (13)(D)(i),'' and 
        inserting ``(13) (other than subparagraphs (D)(v) and (D)(vi) 
        thereof),''.
            (B) Section 6103(p)(3)(A) of such Code, as amended by 
        section 3516(a)(2) of such Act, is amended by striking 
        ``(13)(A), (13)(B), (13)(C), (13)(D)(i),'' and inserting 
        ``(13)(D)(iv), (13)(D)(v), (13)(D)(vi)''.
        (4) Effective date.--The amendments made by this subsection 
    shall apply to disclosures made after the date of the enactment of 
    the FUTURE Act (Public Law 116-91).
    (b) Amendments to the Higher Education Act of 1965.--
        (1) In general.--Section 494 of the Higher Education Act of 
    1965 (20 U.S.C. 1098h(a)) is amended--
            (A) in subsection (a)(1)--
                (i) in the matter preceding subparagraph (A), by 
            inserting ``, including return information,'' after 
            ``financial information'';
                (ii) in subparagraph (A)--

                    (I) in clause (i)--

                        (aa) by striking ``subparagraph (B), the'' and 
                    inserting the following: ``subparagraph (B)--

                    ``(I) the''; and

                        (bb) by adding at the end the following:

                    ``(II) the return information of such individuals 
                may be redisclosed pursuant to clauses (iii), (iv), 
                (v), and (vi) of section 6103(l)(13)(D) of the Internal 
                Revenue Code of 1986, for the relevant purposes 
                described in such section; and''; and
                    (II) in clause (ii), by striking ``such 
                disclosure'' and inserting ``the disclosures described 
                in subclauses (I) and (II) of clause (i)''; and

                (iii) in subparagraph (B), by striking ``disclosure 
            described in subparagraph (A)(i)'' and inserting 
            ``disclosures described in subclauses (I) and (II) of 
            subparagraph (A)(i)'';
            (B) in subsection (a)(2)(A)(ii), by striking 
        ``affirmatively approve the disclosure described in paragraph 
        (1)(A)(i) and agree that such approval shall serve as an 
        ongoing approval of such disclosure until the date on which the 
        individual elects to opt out of such disclosure'' and inserting 
        ``affirmatively approve the disclosures described in subclauses 
        (I) and (II) of paragraph (1)(A)(i), to the extent applicable, 
        and agree that such approval shall serve as an ongoing approval 
        of such disclosures until the date on which the individual 
        elects to opt out of such disclosures''; and
            (C) by adding at the end the following:
    ``(c) Access to FAFSA Information.--
        ``(1) Redisclosure of information.--The information in a 
    complete, unredacted Student Aid Report (including any return 
    information disclosed under section 6103(l)(13) of the Internal 
    Revenue Code of 1986 (26 U.S.C. 6103(l)(13))) with respect to an 
    application described in subsection (a)(1) of an applicant for 
    Federal student financial aid--
            ``(A) upon request for such information by such applicant, 
        shall be provided to such applicant by--
                ``(i) the Secretary; or
                ``(ii) in a case in which the Secretary has requested 
            that institutions of higher education carry out the 
            requirements of this subparagraph, an institution of higher 
            education that has received such information; and
            ``(B) with the written consent by the applicant to an 
        institution of higher education, may be provided by such 
        institution of higher education as is necessary to a 
        scholarship granting organization (including a tribal 
        organization (defined in section 4 of the Indian Self-
        Determination and Education Assistance Act (25 U.S.C. 5304))), 
        or to an organization assisting the applicant in applying for 
        and receiving Federal, State, local, or tribal assistance, that 
        is designated by the applicant to assist the applicant in 
        applying for and receiving financial assistance for any 
        component of the applicant's cost of attendance (defined in 
        section 472) at that institution.
        ``(2) Discussion of information.--A discussion of the 
    information in an application described in subsection (a)(1) 
    (including any return information disclosed under section 
    6103(l)(13) of the Internal Revenue Code of 1986 (26 U.S.C. 
    6103(l)(13)) of an applicant between an institution of higher 
    education and the applicant may, with the written consent of the 
    applicant, include an individual selected by the applicant (such as 
    an advisor) to participate in such discussion.
        ``(3) Restriction on disclosing information.--A person 
    receiving information under paragraph (1)(B) or (2) with respect to 
    an applicant shall not use the information for any purpose other 
    than the express purpose for which consent was granted by the 
    applicant and shall not disclose such information to any other 
    person without the express permission of, or request by, the 
    applicant.
        ``(4) Definitions.--In this subsection:
            ``(A) Student aid report.--The term `Student Aid Report' 
        has the meaning given the term in section 668.2 of title 34, 
        Code of Federal Regulations (or successor regulations).
            ``(B) Written consent.--The term `written consent' means a 
        separate, written document that is signed and dated (which may 
        include by electronic format) by an applicant, which--
                ``(i) indicates that the information being disclosed 
            includes return information disclosed under section 
            6103(l)(13) of the Internal Revenue Code of 1986 (26 U.S.C. 
            6103(l)(13)) with respect to the applicant;
                ``(ii) states the purpose for which the information is 
            being disclosed; and
                ``(iii) states that the information may only be used 
            for the specific purpose and no other purposes.
        ``(5) Record keeping requirement.--An institution of higher 
    education shall--
            ``(A) keep a record of each written consent made under this 
        subsection for a period of at least 3 years from the date of 
        the student's last date of attendance at the institution; and
            ``(B) make each such record readily available for review by 
        the Secretary.''.
        (2) Conforming amendment.--Section 494(a)(3) of the Higher 
    Education Act of 1965 (20 U.S.C. 1098h(a)(3)) is amended by 
    striking ``paragraph (1)(A)(i)'' both places the term appears and 
    inserting ``paragraph (1)(A)(i)(I)''.
    SEC. 104. RESCHEDULING OF THE NAEP MANDATED BIENNIAL 4TH AND 8TH 
      GRADE ASSESSMENT AND ALIGNMENT OF THE MANDATED QUADRENNIAL 12TH 
      GRADE ASSESSMENT.
    (a) Current Assessment Administration Rescheduling.--
Notwithstanding any other provision of law and due to the public health 
emergency declared by the Secretary of Health and Human Services under 
section 319 of the Public Health Service Act (42 U.S.C. 247d) on 
January 31, 2020, with respect to COVID-19--
        (1) the biennial 4th and 8th grade reading and mathematics 
    assessments scheduled to be conducted during the 2020-2021 school 
    year in accordance with paragraphs (2)(B) and (3)(A)(i) of section 
    303(b) of the National Assessment of Educational Progress 
    Authorization Act (20 U.S.C. 9622(b)) and, as practicable and 
    subject to the discretion of the National Assessment Governing 
    Board, the Trial Urban District Assessment, shall be conducted 
    during the 2021-2022 school year; and
        (2) the next quadrennial 12th grade reading and mathematics 
    assessments carried out in accordance with section 303(b)(2)(C) of 
    the National Assessment of Educational Progress Authorization Act 
    (20 U.S.C. 9622(b)(2)(C)) after the date of enactment of this 
    section, shall be conducted during the 2023-2024 school year.
    (b) Future Assessment Administration.--In accordance with section 
303(b)(2)(B) of the National Assessment of Educational Progress 
Authorization Act (20 U.S.C. 9622(b)(2)(B)), the next biennial 
assessments following the 2021-2022 administration, as authorized under 
subsection (a), shall occur in the 2023-2024 school year and, as 
practicable and subject to the discretion of the National Assessment 
Governing Board, the next Trial Urban District Assessment following the 
2021-2022 administration, as authorized under subsection (a), shall 
occur in the 2023-2024 school year.

                         TITLE II--PUBLIC LANDS

    SEC. 201. SAGUARO NATIONAL PARK BOUNDARY EXPANSION.
    (a) Short Title.--This section may be cited as the ``Saguaro 
National Park Boundary Expansion Act''.
    (b) Boundary of Saguaro National Park.--Section 4 of the Saguaro 
National Park Establishment Act of 1994 (Public Law 103-364; 108 Stat. 
3467) is amended--
        (1) in subsection (a)--
            (A) by inserting ``(1)'' before ``The boundaries of the 
        park''; and
            (B) by adding at the end the following:
        ``(2)(A) The boundaries of the park are further modified to 
    include approximately 1,152 acres, as generally depicted on the map 
    titled `Saguaro National Park Proposed Boundary Adjustment', 
    numbered 151/80,045G, and dated December 2020.
        ``(B) The map referred to in subparagraph (A) shall be on file 
    and available for inspection in the appropriate offices of the 
    National Park Service.''; and
        (2) by striking subsection (b)(2) and inserting the following 
    new paragraphs:
        ``(2) The Secretary may, with the consent of the State of 
    Arizona and in accordance with Federal and State law, acquire land 
    or interests therein owned by the State of Arizona within the 
    boundary of the park.
        ``(3) If the Secretary is unable to acquire the State land 
    under paragraph (2), the Secretary may enter into an agreement with 
    the State that would allow the National Park Service to manage 
    State land within the boundary of the park.''.
    SEC. 202. NEW RIVER GORGE NATIONAL PARK AND PRESERVE DESIGNATION.
    (a) Short Title.--This section may be cited as the ``New River 
Gorge National Park and Preserve Designation Act''.
    (b) Designation of New River Gorge National Park and New River 
Gorge National Preserve, West Virginia.--
        (1) Redesignation.--The New River Gorge National River 
    established under section 1101 of the National Parks and Recreation 
    Act of 1978 (16 U.S.C. 460m-15) shall be known and designated as 
    the ``New River Gorge National Park and Preserve'', consisting of--
            (A) the New River Gorge National Park; and
            (B) the New River Gorge National Preserve.
        (2) New river gorge national park.--The boundaries of the New 
    River Gorge National Park referred to in paragraph (1)(A) shall be 
    the boundaries depicted as ``Proposed National Park Area'' on the 
    map entitled ``New River Gorge National Park and Preserve Proposed 
    Boundary'', numbered 637/163,199A, and dated September 2020.
        (3) New river gorge national preserve; boundary.--The 
    boundaries of the New River Gorge National Preserve referred to in 
    paragraph (1)(B) shall be the boundaries depicted as ``Proposed 
    National Preserve Area'' on the map entitled ``New River Gorge 
    National Park and Preserve Proposed Boundary'', numbered 637/
    163,199A, and dated September 2020.
    (c) Administration.--
        (1) In general.--The New River Gorge National Park and Preserve 
    shall be administered by the Secretary of the Interior (referred to 
    in this section as the ``Secretary'') in accordance with--
            (A) this section;
            (B) the laws generally applicable to units of the National 
        Park System, including--
                (i) section 100101(a), chapter 1003, and sections 
            100751(a), 100752, 100753, and 102101 of title 54, United 
            States Code; and
                (ii) chapter 3201 of title 54, United States Code; and
            (C) title XI of the National Parks and Recreation Act of 
        1978 (16 U.S.C. 460m-15 et seq.), except that the provisions of 
        section 1106 of that Act (16 U.S.C. 460m-20) relating to 
        hunting shall not apply to the New River Gorge National Park.
        (2) Hunting and fishing.--
            (A) Hunting.--Hunting within the New River Gorge National 
        Preserve shall be administered by the Secretary--
                (i) in the same manner as hunting was administered on 
            the day before the date of enactment of this Act in those 
            portions of the New River Gorge National River designated 
            as the New River Gorge National Preserve by subsection 
            (b)(3); and
                (ii) in accordance with--

                    (I) section 1106 of the National Parks and 
                Recreation Act of 1978 (16 U.S.C. 460m-20); and
                    (II) other applicable laws.

            (B) Fishing.--Fishing within the New River Gorge National 
        Park and Preserve shall be administered by the Secretary--
                (i) in the same manner as fishing was administered 
            within the New River Gorge National River on the day before 
            the date of enactment of this Act; and
                (ii) in accordance with--

                    (I) section 1106 of the National Parks and 
                Recreation Act of 1978 (16 U.S.C. 460m-20); and
                    (II) other applicable laws.

            (C) Private land.--Nothing in this section prohibits 
        hunting, fishing, or trapping on private land in accordance 
        with applicable State and Federal laws.
        (3) Land acquisition.--
            (A) Additional land for national preserve.--
                (i) In general.--The Secretary may acquire land or any 
            interest in land identified as ``Proposed Additional 
            Lands'' on the map entitled ``New River Gorge National Park 
            and Preserve Proposed Boundary'', numbered 637/163,199A, 
            and dated September 2020, by purchase from a willing 
            seller, donation, or exchange.
                (ii) Boundary modification.--On acquisition of any land 
            or interest in land under clause (i), the Secretary shall--

                    (I) modify the boundary of the New River Gorge 
                National Preserve to reflect the acquisition; and
                    (II) administer the land or interest in land in 
                accordance with the laws applicable to the New River 
                Gorge National Preserve.

            (B) Visitor parking.--
                (i) In general.--The Secretary may acquire not more 
            than 100 acres of land in the vicinity of the New River 
            Gorge National Park and Preserve by purchase from a willing 
            seller, donation, or exchange to provide for--

                    (I) visitor parking; and
                    (II) improved public access to the New River Gorge 
                National Park and Preserve.

                (ii) Administration.--On acquisition of the land under 
            clause (i), the acquired land shall be administered as part 
            of the New River Gorge National Park or the New River Gorge 
            National Preserve, as appropriate.
        (4) Commercial recreational watercraft services.--Commercial 
    recreational watercraft services within the New River Gorge 
    National Park and Preserve shall be administered by the Secretary 
    in accordance with section 402 of the West Virginia National 
    Interest River Conservation Act of 1987 (16 U.S.C. 460m-15 note; 
    Public Law 100-534).
        (5) References.--Any reference in a law, map, regulation, 
    document, paper, or other record of the United States to the New 
    River Gorge National River shall be considered to be a reference to 
    the ``New River Gorge National Park'' or the ``New River Gorge 
    National Preserve'', as appropriate.
    (d) Authorization of Appropriations.--There are authorized to be 
appropriated such sums as are necessary to carry out this section.
    SEC. 203. DESIGNATION OF MIRACLE MOUNTAIN.
    (a) Short Title.--This section may be cited as the ``Miracle 
Mountain Designation Act''.
    (b) Findings.--Congress finds as follows:
        (1) On September 13, 2018, the Bald Mountain Fire burned nearly 
    20,000 acres of land in Utah.
        (2) Elk Ridge City, located in Utah County, was nearly the 
    victim of this fire.
        (3) Suddenly, the fire halted its progression and, instead of 
    burning into Elk Ridge City, stayed behind the mountain and spared 
    the city.
        (4) Congress, in acknowledgment of this event, believes this 
    mountain holds special significance to the residents of Elk Ridge 
    City and surrounding communities.
        (5) The presently unnamed peak has been referred to as 
    ``Miracle Mountain'' by many residents since the fire that nearly 
    went into Elk Ridge City.
    (c) Designation.--The mountain in the State of Utah, located at 39 
59' 02N, 111 40' 12W, shall be known and designated as ``Miracle 
Mountain''.
    (d) References.--Any reference in a law, map, regulation, document, 
record, or other paper of the United States to the mountain described 
in subsection (c) shall be considered to be a reference to ``Miracle 
Mountain''.

    TITLE III--FOREIGN RELATIONS AND DEPARTMENT OF STATE PROVISIONS
    Subtitle A--Robert Levinson Hostage Recovery and Hostage-taking 
                           Accountability Act

    SEC. 301. SHORT TITLE.
    This subtitle may be cited as the ``Robert Levinson Hostage 
Recovery and Hostage-Taking Accountability Act''.
    SEC. 302. ASSISTANCE FOR UNITED STATES NATIONALS UNLAWFULLY OR 
      WRONGFULLY DETAINED ABROAD.
    (a) Review.--The Secretary of State shall review the cases of 
United States nationals detained abroad to determine if there is 
credible information that they are being detained unlawfully or 
wrongfully, based on criteria which may include whether--
        (1) United States officials receive or possess credible 
    information indicating innocence of the detained individual;
        (2) the individual is being detained solely or substantially 
    because he or she is a United States national;
        (3) the individual is being detained solely or substantially to 
    influence United States Government policy or to secure economic or 
    political concessions from the United States Government;
        (4) the detention appears to be because the individual sought 
    to obtain, exercise, defend, or promote freedom of the press, 
    freedom of religion, or the right to peacefully assemble;
        (5) the individual is being detained in violation of the laws 
    of the detaining country;
        (6) independent nongovernmental organizations or journalists 
    have raised legitimate questions about the innocence of the 
    detained individual;
        (7) the United States mission in the country where the 
    individual is being detained has received credible reports that the 
    detention is a pretext for an illegitimate purpose;
        (8) the individual is detained in a country where the 
    Department of State has determined in its annual human rights 
    reports that the judicial system is not independent or impartial, 
    is susceptible to corruption, or is incapable of rendering just 
    verdicts;
        (9) the individual is being detained in inhumane conditions;
        (10) due process of law has been sufficiently impaired so as to 
    render the detention arbitrary; and
        (11) United States diplomatic engagement is likely necessary to 
    secure the release of the detained individual.
    (b) Referrals to the Special Envoy.--Upon a determination by the 
Secretary of State, based on the totality of the circumstances, that 
there is credible information that the detention of a United States 
national abroad is unlawful or wrongful, and regardless of whether the 
detention is by a foreign government or a nongovernmental actor, the 
Secretary shall transfer responsibility for such case from the Bureau 
of Consular Affairs of the Department of State to the Special Envoy for 
Hostage Affairs created pursuant to section 303.
    (c) Report.--
        (1) Annual report.--
            (A) In general.--The Secretary of State shall submit to the 
        appropriate congressional committees an annual report with 
        respect to United States nationals for whom the Secretary 
        determines there is credible information of unlawful or 
        wrongful detention abroad.
            (B) Form.--The report required under this paragraph shall 
        be submitted in unclassified form, but may include a classified 
        annex if necessary.
        (2) Composition.--The report required under paragraph (1) shall 
    include current estimates of the number of individuals so detained, 
    as well as relevant information about particular cases, such as--
            (A) the name of the individual, unless the provision of 
        such information is inconsistent with section 552a of title 5, 
        United States Code (commonly known as the ``Privacy Act of 
        1974'');
            (B) basic facts about the case;
            (C) a summary of the information that such individual may 
        be detained unlawfully or wrongfully;
            (D) a description of specific efforts, legal and 
        diplomatic, taken on behalf of the individual since the last 
        reporting period, including a description of accomplishments 
        and setbacks; and
            (E) a description of intended next steps.
    (d) Resource Guidance.--
        (1) Establishment.--Not later than 180 days after the date of 
    the enactment of this Act and after consulting with relevant 
    organizations that advocate on behalf of United States nationals 
    detained abroad and the Family Engagement Coordinator established 
    pursuant to section 304(c)(2), the Secretary of State shall provide 
    resource guidance in writing for government officials and families 
    of unjustly or wrongfully detained individuals.
        (2) Content.--The resource guidance required under paragraph 
    (1) should include--
            (A) information to help families understand United States 
        policy concerning the release of United States nationals 
        unlawfully or wrongfully held abroad;
            (B) contact information for officials in the Department of 
        State or other government agencies suited to answer family 
        questions;
            (C) relevant information about options available to help 
        families obtain the release of unjustly or wrongfully detained 
        individuals, such as guidance on how families may engage with 
        United States diplomatic and consular channels to ensure prompt 
        and regular access for the detained individual to legal 
        counsel, family members, humane treatment, and other services;
            (D) guidance on submitting public or private letters from 
        members of Congress or other individuals who may be influential 
        in securing the release of an individual; and
            (E) appropriate points of contacts, such as legal resources 
        and counseling services, who have a record of assisting 
        victims' families.
    SEC. 303. SPECIAL ENVOY FOR HOSTAGE AFFAIRS.
    (a) Establishment.--There shall be a Special Presidential Envoy for 
Hostage Affairs, who shall be appointed by the President, by and with 
the advice and consent of the Senate, and shall report to the Secretary 
of State.
    (b) Rank.--The Special Envoy shall have the rank and status of 
ambassador.
    (c) Responsibilities.--The Special Presidential Envoy for Hostage 
Affairs shall--
        (1) lead diplomatic engagement on United States hostage policy;
        (2) coordinate all diplomatic engagements and strategy in 
    support of hostage recovery efforts, in coordination with the 
    Hostage Recovery Fusion Cell and consistent with policy guidance 
    communicated through the Hostage Response Group;
        (3) in coordination with the Hostage Recovery Fusion Cell as 
    appropriate, coordinate diplomatic engagements regarding cases in 
    which a foreign government has detained a United States national 
    and the United States Government regards such detention as unlawful 
    or wrongful;
        (4) provide senior representation from the Special Envoy's 
    office to the Hostage Recovery Fusion Cell established under 
    section 304 and the Hostage Response Group established under 
    section 305; and
        (5) ensure that families of United States nationals unlawfully 
    or wrongly detained abroad receive updated information about 
    developments in cases and government policy.
    SEC. 304. HOSTAGE RECOVERY FUSION CELL.
    (a) Establishment.--The President shall establish an interagency 
Hostage Recovery Fusion Cell.
    (b) Participation.--The President shall direct the heads of each of 
the following executive departments, agencies, and offices to make 
available personnel to participate in the Hostage Recovery Fusion Cell:
        (1) The Department of State.
        (2) The Department of the Treasury.
        (3) The Department of Defense.
        (4) The Department of Justice.
        (5) The Office of the Director of National Intelligence.
        (6) The Federal Bureau of Investigation.
        (7) The Central Intelligence Agency.
        (8) Other agencies as the President, from time to time, may 
    designate.
    (c) Personnel.--The Hostage Recovery Fusion Cell shall include--
        (1) a Director, who shall be a full-time senior officer or 
    employee of the United States Government;
        (2) a Family Engagement Coordinator who shall--
            (A) work to ensure that all interactions by executive 
        branch officials with a hostage's family occur in a coordinated 
        fashion and that the family receives consistent and accurate 
        information from the United States Government; and
            (B) if directed, perform the same function as set out in 
        subparagraph (A) with regard to the family of a United States 
        national who is unlawfully or wrongfully detained abroad; and
        (3) other officers and employees as deemed appropriate by the 
    President.
    (d) Duties.--The Hostage Recovery Fusion Cell shall--
        (1) coordinate efforts by participating agencies to ensure that 
    all relevant information, expertise, and resources are brought to 
    bear to secure the safe recovery of United States nationals held 
    hostage abroad;
        (2) if directed, coordinate the United States Government's 
    response to other hostage-takings occurring abroad in which the 
    United States has a national interest;
        (3) if directed, coordinate or assist the United States 
    Government's response to help secure the release of United States 
    nationals unlawfully or wrongfully detained abroad; and
        (4) pursuant to policy guidance coordinated through the 
    National Security Council--
            (A) identify and recommend hostage recovery options and 
        strategies to the President through the National Security 
        Council or the Deputies Committee of the National Security 
        Council;
            (B) coordinate efforts by participating agencies to ensure 
        that information regarding hostage events, including potential 
        recovery options and engagements with families and external 
        actors (including foreign governments), is appropriately shared 
        within the United States Government to facilitate a coordinated 
        response to a hostage-taking;
            (C) assess and track all hostage-takings of United States 
        nationals abroad and provide regular reports to the President 
        and Congress on the status of such cases and any measures being 
        taken toward the hostages' safe recovery;
            (D) provide a forum for intelligence sharing and, with the 
        support of the Director of National Intelligence, coordinate 
        the declassification of relevant information;
            (E) coordinate efforts by participating agencies to provide 
        appropriate support and assistance to hostages and their 
        families in a coordinated and consistent manner and to provide 
        families with timely information regarding significant events 
        in their cases;
            (F) make recommendations to agencies in order to reduce the 
        likelihood of United States nationals' being taken hostage 
        abroad and enhance United States Government preparation to 
        maximize the probability of a favorable outcome following a 
        hostage-taking; and
            (G) coordinate with agencies regarding congressional, 
        media, and other public inquiries pertaining to hostage events.
    (e) Administration.--The Hostage Recovery Fusion Cell shall be 
located within the Federal Bureau of Investigation for administrative 
purposes.
    SEC. 305. HOSTAGE RESPONSE GROUP.
    (a) Establishment.--The President shall establish a Hostage 
Response Group, chaired by a designated member of the National Security 
Council or the Deputies Committee of the National Security Council, to 
be convened on a regular basis, to further the safe recovery of United 
States nationals held hostage abroad or unlawfully or wrongfully 
detained abroad, and to be tasked with coordinating the United States 
Government response to other hostage-takings occurring abroad in which 
the United States has a national interest.
    (b) Membership.--The regular members of the Hostage Response Group 
shall include the Director of the Hostage Recovery Fusion Cell, the 
Hostage Recovery Fusion Cell's Family Engagement Coordinator, the 
Special Envoy appointed pursuant to section 303, and representatives 
from the Department of the Treasury, the Department of Defense, the 
Department of Justice, the Federal Bureau of Investigation, the Office 
of the Director of National Intelligence, the Central Intelligence 
Agency, and other agencies as the President, from time to time, may 
designate.
    (c) Duties.--The Hostage Recovery Group shall--
        (1) identify and recommend hostage recovery options and 
    strategies to the President through the National Security Council;
        (2) coordinate the development and implementation of United 
    States hostage recovery policies, strategies, and procedures;
        (3) receive regular updates from the Hostage Recovery Fusion 
    Cell and the Special Envoy for Hostage Affairs on the status of 
    United States nationals being held hostage or unlawfully or 
    wrongfully detained abroad and measures being taken to effect safe 
    recoveries;
        (4) coordinate the provision of policy guidance to the Hostage 
    Recovery Fusion Cell, including reviewing recovery options proposed 
    by the Hostage Recovery Fusion Cell and working to resolve disputes 
    within the Hostage Recovery Fusion Cell;
        (5) as appropriate, direct the use of resources at the Hostage 
    Recovery Fusion Cell to coordinate or assist in the safe recovery 
    of United States nationals unlawfully or wrongfully detained 
    abroad; and
        (6) as appropriate, direct the use of resources at the Hostage 
    Recovery Fusion Cell to coordinate the United States Government 
    response to other hostage-takings occurring abroad in which the 
    United States has a national interest.
    (d) Meetings.--The Hostage Response Group shall meet regularly.
    (e) Reporting.--The Hostage Response Group shall regularly provide 
recommendations on hostage recovery options and strategies to the 
National Security Council.
    SEC. 306. AUTHORIZATION OF IMPOSITION OF SANCTIONS.
    (a) In General.--The President may impose the sanctions described 
in subsection (b) with respect to any foreign person the President 
determines, based on credible evidence--
        (1) is responsible for or is complicit in, or responsible for 
    ordering, controlling, or otherwise directing, the hostage-taking 
    of a United States national abroad or the unlawful or wrongful 
    detention of a United States national abroad; or
        (2) knowingly provides financial, material, or technological 
    support for, or goods or services in support of, an activity 
    described in paragraph (1).
    (b) Sanctions Described.--The sanctions described in this 
subsection are the following:
        (1) Ineligibility for visas, admission, or parole.--
            (A) Visas, admission, or parole.--An alien described in 
        subsection (a) may be--
                (i) inadmissible to the United States;
                (ii) ineligible to receive a visa or other 
            documentation to enter the United States; and
                (iii) otherwise ineligible to be admitted or paroled 
            into the United States or to receive any other benefit 
            under the Immigration and Nationality Act (8 U.S.C. 1101 et 
            seq.).
            (B) Current visas revoked.--
                (i) In general.--An alien described in subsection (a) 
            may be subject to revocation of any visa or other entry 
            documentation regardless of when the visa or other entry 
            documentation is or was issued.
                (ii) Immediate effect.--A revocation under clause (i) 
            may--

                    (I) take effect immediately; and
                    (II) cancel any other valid visa or entry 
                documentation that is in the alien's possession.

        (2) Blocking of property.--
            (A) In general.--The President may exercise all of the 
        powers granted to the President under the International 
        Emergency Economic Powers Act (50 U.S.C. 1701 et seq.), to the 
        extent necessary to block and prohibit all transactions in 
        property and interests in property of a foreign person 
        described in subsection (a) if such property and interests in 
        property are in the United States, come within the United 
        States, or are or come within the possession or control of a 
        United States person.
            (B) Inapplicability of national emergency requirement.--The 
        requirements of section 202 of the International Emergency 
        Economic Powers Act (50 U.S.C. 1701) shall not apply for 
        purposes of this section.
    (c) Exceptions.--
        (1) Exception for intelligence activities.--Sanctions under 
    this section shall not apply to any activity subject to the 
    reporting requirements under title V of the National Security Act 
    of 1947 (50 U.S.C. 3091 et seq.) or any authorized intelligence 
    activities of the United States.
        (2) Exception to comply with international obligations and for 
    law enforcement activities.--Sanctions under subsection (b)(1) 
    shall not apply with respect to an alien if admitting or paroling 
    the alien into the United States is necessary--
            (A) to permit the United States to comply with the 
        Agreement regarding the Headquarters of the United Nations, 
        signed at Lake Success June 26, 1947, and entered into force 
        November 21, 1947, between the United Nations and the United 
        States, or other applicable international obligations; or
            (B) to carry out or assist law enforcement activity in the 
        United States.
    (d) Penalties.--A person that violates, attempts to violate, 
conspires to violate, or causes a violation of subsection (b)(2) or any 
regulation, license, or order issued to carry out that subsection shall 
be subject to the penalties set forth in subsections (b) and (c) of 
section 206 of the International Emergency Economic Powers Act (50 
U.S.C. 1705) to the same extent as a person that commits an unlawful 
act described in subsection (a) of that section.
    (e) Termination of Sanctions.--The President may terminate the 
application of sanctions under this section with respect to a person if 
the President determines that--
        (1) information exists that the person did not engage in the 
    activity for which sanctions were imposed;
        (2) the person has been prosecuted appropriately for the 
    activity for which sanctions were imposed;
        (3) the person has credibly demonstrated a significant change 
    in behavior, has paid an appropriate consequence for the activity 
    for which sanctions were imposed, and has credibly committed to not 
    engage in an activity described in subsection (a) in the future; or
        (4) the termination of the sanctions is in the national 
    security interests of the United States.
    (f) Reporting Requirement.--If the President terminates sanctions 
pursuant to subsection (d), the President shall report to the 
appropriate congressional committees a written justification for such 
termination within 15 days.
    (g) Implementation of Regulatory Authority.--The President may 
exercise all authorities provided under sections 203 and 205 of the 
International Emergency Economic Powers Act (50 U.S.C. 1702 and 1704) 
to carry out this section.
    (h) Exception Relating to Importation of Goods.--
        (1) In general.--The authorities and requirements to impose 
    sanctions authorized under this subtitle shall not include the 
    authority or a requirement to impose sanctions on the importation 
    of goods.
        (2) Good defined.--In this paragraph, the term ``good'' means 
    any article, natural or manmade substance, material, supply or 
    manufactured product, including inspection and test equipment, and 
    excluding technical data.
    (i) Definitions.--In this section:
        (1) Foreign person.--The term ``foreign person'' means--
            (A) any citizen or national of a foreign country (including 
        any such individual who is also a citizen or national of the 
        United States); or
            (B) any entity not organized solely under the laws of the 
        United States or existing solely in the United States.
        (2) United states person.--The term ``United States person'' 
    means--
            (A) an individual who is a United States citizen or an 
        alien lawfully admitted for permanent residence to the United 
        States;
            (B) an entity organized under the laws of the United States 
        or any jurisdiction within the United States, including a 
        foreign branch of such an entity; or
            (C) any person in the United States.
    SEC. 307. DEFINITIONS.
    In this Act:
        (1) Appropriate congressional committees.--The term 
    ``appropriate congressional committees'' means--
            (A) the Committee on Foreign Relations, the Committee on 
        Appropriations, the Committee on Banking, Housing, and Urban 
        Affairs, the Committee on the Judiciary, the Committee on Armed 
        Services, and the Select Committee on Intelligence of the 
        United States Senate; and
            (B) the Committee on Foreign Affairs, the Committee on 
        Appropriations, the Committee on Financial Services, the 
        Committee on the Judiciary, the Committee on Armed Services, 
        and the Permanent Select Committee on Intelligence of the House 
        of Representatives.
        (2) United states national.--The term ``United States 
    national'' means--
            (A) a United States national as defined in section 
        101(a)(22) or section 308 of the Immigration and Nationality 
        Act (8 U.S.C. 1101(a)(22), 8 U.S.C. 1408); and
            (B) a lawful permanent resident alien with significant ties 
        to the United States.
    SEC. 308. RULE OF CONSTRUCTION.
    Nothing in this Act may be construed to authorize a private right 
of action.

                Subtitle B--Taiwan Assurance Act of 2020

    SEC. 311. SHORT TITLE.
    This subtitle may be cited as the ``Taiwan Assurance Act of 2020''.
    SEC. 312. FINDINGS.
    Congress makes the following findings:
        (1) April 10, 2019, marked the 40th anniversary of the Taiwan 
    Relations Act of 1979 (Public Law 96-8).
        (2) Since 1949, the close relationship between the United 
    States and Taiwan has benefitted both parties and the broader Indo-
    Pacific region.
        (3) The security of Taiwan and its democracy are key elements 
    of continued peace and stability of the greater Indo-Pacific 
    region, which is in the political, security, and economic interests 
    of the United States.
        (4) The People's Republic of China is currently engaged in a 
    comprehensive military modernization campaign to enhance the power-
    projection capabilities of the People's Liberation Army and its 
    ability to conduct joint operations, which is shifting the military 
    balance of power across the Taiwan Strait.
        (5) Taiwan and its diplomatic partners continue to face 
    sustained pressure and coercion from the People's Republic of 
    China, which seeks to isolate Taiwan from the international 
    community.
        (6) It is the policy of the United States to reinforce its 
    commitments to Taiwan under the Taiwan Relations Act in a manner 
    consistent with the ``Six Assurances'' and in accordance with the 
    United States ``One China'' policy.
        (7) In the Taiwan Travel Act, which became law on March 16, 
    2018, Congress observed that the ``self-imposed restrictions that 
    the United States maintains on high-level visits'' between the 
    United States and Taiwan have resulted in insufficient high-level 
    communication.
    SEC. 313. SENSE OF CONGRESS.
    It is the sense of Congress that--
        (1) Taiwan is a vital part of the United States Free and Open 
    Indo-Pacific Strategy;
        (2) the United States Government--
            (A) supports Taiwan's continued pursuit of asymmetric 
        capabilities and concepts; and
            (B) urges Taiwan to increase its defense spending in order 
        to fully resource its defense strategy; and
        (3) the United States should conduct regular sales and 
    transfers of defense articles to Taiwan in order to enhance its 
    self-defense capabilities, particularly its efforts to develop and 
    integrate asymmetric capabilities, including undersea warfare and 
    air defense capabilities, into its military forces.
    SEC. 314. TAIWAN'S INCLUSION IN INTERNATIONAL ORGANIZATIONS.
    (a) Sense of Congress.--It is the sense of Congress that the 
People's Republic of China's attempts to dictate the terms of Taiwan's 
participation in international organizations, has, in many cases, 
resulted in Taiwan's exclusion from such organizations even when 
statehood is not a requirement, and that such exclusion--
        (1) is detrimental to global health, civilian air safety, and 
    efforts to counter transnational crime;
        (2) negatively impacts the safety and security of citizens 
    globally; and
        (3) negatively impacts the security of Taiwan and its 
    democracy.
    (b) Statement of Policy.--It is the policy of the United States to 
advocate for Taiwan's meaningful participation in the United Nations, 
the World Health Assembly, the International Civil Aviation 
Organization, the International Criminal Police Organization, and other 
international bodies, as appropriate, and to advocate for Taiwan's 
membership in the Food and Agriculture Organization, the United Nations 
Educational, Scientific and Cultural Organization, and other 
international organizations for which statehood is not a requirement 
for membership.
    SEC. 315. REVIEW OF DEPARTMENT OF STATE TAIWAN GUIDELINES.
    (a) In General.--Not later than 180 days after the date of the 
enactment of this Act, the Secretary of State shall conduct a review of 
the Department of State's guidance that governs relations with Taiwan, 
including the periodic memorandum entitled ``Guidelines on Relations 
with Taiwan'' and related documents, and reissue such guidance to 
executive branch departments and agencies.
    (b) Sense of Congress.--It is the sense of Congress that the 
Department of State's guidance regarding relations with Taiwan--
        (1) should be crafted with the intent to deepen and expand 
    United States-Taiwan relations, and be based on the value, merits, 
    and importance of the United States-Taiwan relationship;
        (2) should be crafted giving due consideration to the fact that 
    Taiwan is governed by a representative democratic government that 
    is peacefully constituted through free and fair elections that 
    reflect the will of the people of Taiwan, and that Taiwan is a free 
    and open society that respects universal human rights and 
    democratic values; and
        (3) should ensure that the conduct of relations with Taiwan 
    reflects the longstanding, comprehensive, and values-based 
    relationship the United States shares with Taiwan, and contribute 
    to the peaceful resolution of cross-strait issues.
    (c) Reporting Requirements.--Not later than 180 days after the date 
of the enactment of this Act, the Secretary of State shall submit to 
the Committee on Foreign Relations of the Senate and the Committee on 
Foreign Affairs of the House of Representatives a report that includes 
a description of--
        (1) the results of the review pursuant to subsection (a) of the 
    Department of State's guidance on relations with Taiwan, including 
    a copy of the reissued ``Guidelines of Relations with Taiwan'' 
    memorandum; and
        (2) the implementation of the Taiwan Travel Act (Public Law 
    115-135) and any changes to guidance on relations with Taiwan that 
    are the result of such implementation.

            Subtitle C--Support for Human Rights in Belarus

    SEC. 321. SHORT TITLE.
    This subtitle may be cited as the ``Belarus Democracy, Human 
Rights, and Sovereignty Act of 2020''.
    SEC. 322. FINDINGS.
    Section 2 of the Belarus Democracy Act of 2004 (Public Law 109-480; 
22 U.S.C. 5811 note) is amended to read as follows:
``SEC. 2. FINDINGS.
    ``Congress finds the following:
        ``(1) The International Covenant on Civil and Political Rights, 
    done at New York December 19, 1966, was ratified by Belarus in 
    1973, guaranteeing Belarusians the freedom of expression and the 
    freedom of association.
        ``(2) Alyaksandr Lukashenka has ruled Belarus as an 
    undemocratic dictatorship since the first presidential election in 
    Belarus in 1994.
        ``(3) Subsequent presidential elections in Belarus have been 
    neither free nor fair and have been rejected by the international 
    community as not meeting minimal electoral standards, with the 
    jailing of opposition activists frequently used as a tool of 
    government repression before and after the elections.
        ``(4) In response to the repression and violence during the 
    2006 presidential election, Congress passed the Belarus Democracy 
    Reauthorization Act of 2006 (Public Law 109-480).
        ``(5) In 2006, President George W. Bush issued Executive Order 
    13405, titled `Blocking Property of Certain Persons Undermining 
    Democratic Processes or Institutions in Belarus', which authorized 
    the imposition of sanctions against persons responsible for--
            ``(A) undermining democratic processes in Belarus; or
            ``(B) participating in human rights abuses related to 
        political repression in Belarus.
        ``(6) In March 2011, the Senate unanimously passed Senate 
    Resolution 105, which--
            ``(A) condemned the December 2010 election in Belarus as 
        `illegitimate, fraudulent, and not representative of the will 
        or the aspirations of the voters in Belarus'; and
            ``(B) called on the Lukashenka regime `to immediately and 
        unconditionally release all political prisoners in Belarus who 
        were arrested in association with the December 19, 2010, 
        election'.
        ``(7) The Government of Belarus, led illegally by Alyaksandr 
    Lukashenka, continues to engage in a pattern of clear and 
    persistent violations of human rights and fundamental freedoms.
        ``(8) The Government of Belarus, led illegally by Alyaksandr 
    Lukashenka, continues to engage in a pattern of clear and 
    uncorrected violations of basic principles of democratic 
    governance, including through a series of fundamentally flawed 
    presidential and parliamentary elections undermining the legitimacy 
    of executive and legislative authority in that country.
        ``(9) The Government of Belarus, led illegally by Alyaksandr 
    Lukashenka, continues to subject thousands of pro-democracy 
    political activists and peaceful protesters to harassment, 
    beatings, and imprisonment, particularly as a result of their 
    attempts to peacefully exercise their right to freedom of assembly 
    and association.
        ``(10) The Government of Belarus, led illegally by Alyaksandr 
    Lukashenka, continues to suppress independent media and journalists 
    and to restrict access to the internet, including social media and 
    other digital communication platforms, in violation of the right to 
    freedom of speech and expression of those dissenting from the 
    dictatorship of Alyaksandr Lukashenka.
        ``(11) The Government of Belarus, led illegally by Alyaksandr 
    Lukashenka, continues a systematic campaign of harassment, 
    repression, and closure of nongovernmental organizations, including 
    independent trade unions and entrepreneurs, creating a climate of 
    fear that inhibits the development of civil society and social 
    solidarity.
        ``(12) The Government of Belarus, led illegally by Alyaksandr 
    Lukashenka, has pursued a policy undermining the country's 
    sovereignty and independence by making Belarus political, economic, 
    cultural, and societal interests subservient to those of Russia.
        ``(13) The Government of Belarus, led illegally by Alyaksandr 
    Lukashenka, continues to reduce the independence of Belarus through 
    integration into a so-called `Union State' that is under the 
    control of Russia.
        ``(14) In advance of the August 2020 presidential elections in 
    Belarus, authorities acting on behalf of President Lukashenka 
    arrested journalists, bloggers, political activists, and opposition 
    leaders, including 3 leading presidential candidates (Syarhey 
    Tsikhanouski, Mikalay Statkevich, and Viktar Babaryka), who were 
    barred from running in the election by the Central Election 
    Commission of the Republic of Belarus.
        ``(15) While the 3 opposition candidates were imprisoned, 2 of 
    their wives and 1 of their campaign managers (Sviatlana 
    Tsikhanouskaya, Veranika Tsepkala, and Maria Kalesnikava) joined 
    together and ran in place of the candidates.
        ``(16) Thousands of Belarusian people demonstrated their 
    support for these candidates by attending rallies, including 1 
    rally that included an estimated 63,000 participants.
        ``(17) On August, 5, 2020, the Senate unanimously passed Senate 
    Resolution 658, which calls for a free, fair, and transparent 
    presidential election in Belarus, including the unimpeded 
    participation of all presidential candidates.
        ``(18) On August 9, 2020, the Government of Belarus conducted a 
    presidential election that--
            ``(A) was held under undemocratic conditions that did not 
        meet international standards;
            ``(B) involved government malfeasance and serious 
        irregularities with ballot counting and the reporting of 
        election results, including--
                ``(i) early voting ballot stuffing;
                ``(ii) ballot burning;
                ``(iii) pressuring poll workers; and
                ``(iv) removing bags full of ballots by climbing out of 
            windows;
            ``(C) included restrictive measures that impeded the work 
        of local independent observers and did not provide sufficient 
        notice to the OSCE to allow for the OSCE to monitor the 
        elections, as is customary.
        ``(19) Incumbent president Alyaksandr Lukashenka declared a 
    landslide victory in the election and claimed to have received more 
    than 80 percent of the votes cast in the election.
        ``(20) The leading opposition candidate, Sviatlana 
    Tsikhanouskaya--
            ``(A) formally disputed the government's reported election 
        results;
            ``(B) explained that her staff had examined the election 
        results from more than 50 polling places; and
            ``(C) found that her share of the vote exceeded 
        Lukashenka's share by many times.
        ``(21) On August 10, 2020, Sviatlana Tsikhanouskaya was 
    detained while attending a meeting with the Central Election 
    Commission of the Republic of Belarus and forced to flee to 
    Lithuania under pressure from government authorities.
        ``(22) On August 11, 2020, Lithuanian Foreign Minister Linas 
    Linkevicius announced that Sviatlana Tsikhanouskaya was safe in 
    Lithuania and has continued to be one of the strongest voices 
    supporting the pro-democracy movement in Belarus within the 
    European Union and globally.
        ``(23) On August 18, 2020, Sviatlana Tsikhanouskaya announced 
    the formation of a Coordination Council to oversee a resolution to 
    the crisis in Belarus and a peaceful transition of power by 
    subjecting the Council's senior members to violence, detention, and 
    forced exile. The Government of Belarus, led illegally by 
    Alyaksandr Lukashenka, has sought to stop the work of the 
    Coordination Council.
        ``(24) Before the European Parliament on August 25, 2020, 
    Sviatlana Tsikhanouskaya stressed that a `peaceful revolution' was 
    underway in Belarus, and that `It is neither a pro-Russian nor 
    anti-Russian revolution. It is neither an anti-European Union nor a 
    pro-European Union revolution. It is a democratic revolution.'.
        ``(25) On or around September 6, 2020, opposition leader Maria 
    Kalesnikava and members of the Coordination Council, including 
    Anton Ronenkov, Ivan Kravtsov, and Maxim Bogretsov, were detained 
    by authorities who sought to forcibly expel them to Ukraine. Ms. 
    Kalesnikava tore up her passport at the Ukrainian border in a 
    successful effort to prevent this expulsion, subsequently 
    disappeared, and was discovered in a Minsk prison on September 9, 
    2020.
        ``(26) On August 11, 2020, the European Union High 
    Representative for Foreign and Security Policy, Josep Borrell, 
    issued a declaration on the presidential election in Belarus 
    stating that the elections were neither free nor fair.
        ``(27) On August 28, 2020, United States Deputy Secretary of 
    State Stephen Biegun declared that the August 9th election in 
    Belarus was fraudulent.
        ``(28) Following Alyaksandr Lukashenka's September 23, 2020, 
    secret inauguration, the United States, the European Union, 
    numerous European Union member states, the United Kingdom, and 
    Canada announced that they did not recognize Mr. Lukashenka as the 
    legitimately elected leader of Belarus.
        ``(29) Since the sham election on August 9, 2020, tens of 
    thousands of Belarusian citizens have participated in daily 
    peaceful protests calling for a new, free, and fair election, and 
    the release of political prisoners.
        ``(30) According to Amnesty International, on August 30, 2020, 
    Belarusians held one of the largest protest rallies in the 
    country's modern history in Minsk and in other cities, which was 
    attended by at least 100,000 people who demanded the resignation of 
    President Lukashenka and an investigation into the human rights 
    violations in Belarus.
        ``(31) Women have served as the leading force in demonstrations 
    across the country, protesting the police brutality and mass 
    detentions by wearing white, carrying flowers, forming `solidarity 
    chains', and unmasking undercover police trying to arrest 
    demonstrators.
        ``(32) The Government of Belarus has responded to the peaceful 
    opposition protests, which are the largest in Belarus history, with 
    a violent crackdown, including, according to the United Nations 
    Special Rapporteur, the detention by government authorities of more 
    than 10,000 peaceful protestors as of September 18, 2020, mostly 
    for taking part in or observing peaceful protests, with many of 
    these arrests followed by beatings and torture at the hands of 
    Belarusian law enforcement.
        ``(33) According to the Viasna Human Rights Centre, at least 
    450 detainees have reported being tortured or otherwise ill-treated 
    while held in incommunicado detention for up to 10 days, including 
    through--
            ``(A) severe beatings;
            ``(B) forced performance of humiliating acts; and
            ``(C) sexual violence and other forms of violence.
        ``(34) At least 4 Belarusians have been killed at protests, and 
    dozens of Belarusians who were detained during the protests are 
    still missing.
        ``(35) The Belarus Ministry of Defense threatened to send the 
    army to confront protestors, warning that in case of any violation 
    of peace and order in areas around national monuments, `you will 
    have the army to deal with now, not the police'.
        ``(36) The Government of Belarus, led illegally by Alyaksandr 
    Lukashenka, has consistently restricted the free flow of 
    information to silence the opposition and to conceal the regime's 
    violent crackdown on peaceful protestors, including by--
            ``(A) stripping the accreditation of journalists from major 
        foreign news outlets;
            ``(B) detaining and harassing countless journalists.
            ``(C) arresting dozens of journalists, 6 of whom report for 
        Radio Free Europe/Radio Liberty;
            ``(D) halting the publishing of 2 independent newspapers; 
        and
            ``(E) disrupting internet access;
            ``(F) blocking more than 50 news websites that were 
        covering the protests; and
            ``(G) limiting access to social media and other digital 
        communication platforms.
        ``(37) Internet access in Belarus has been repeatedly disrupted 
    and restricted since August 9, 2020, which independent experts and 
    monitoring groups have attributed to government interference.
        ``(38) Thousands of employees at Belarusian state-owned 
    enterprises, who have been seen as Alyaksandr Lukashenka's 
    traditional base during his 26-year rule, went on strike across the 
    country to protest Lukashenka's illegitimate election and the 
    subsequent crackdowns, including at some of Belarus's largest 
    factories such as the BelAZ truck plant, the Minsk Tractor Works, 
    and the Minsk Automobile Plant.
        ``(39) After the employees of state media outlets walked off 
    the job in protest rather than help report misleading government 
    propaganda, Lukashenka confirmed that he `asked the Russians' to 
    send teams of Russian journalists to replace local employees.
        ``(40) On August 19, 2020, European Council President Charles 
    Michel announced that the European Union would impose sanctions on 
    a substantial number of individuals responsible for violence, 
    repression, and election fraud in Belarus.
        ``(41) On October 2, 2020, the Department of Treasury announced 
    new sanctions under Executive Order 13405 on eight individuals `for 
    their roles in the fraudulent August 9, 2020 Belarus presidential 
    election or the subsequent violent crackdown on peaceful 
    protesters'.
        ``(42) Similar sanctions have also been applied to Belarusian 
    human rights violators by the Government of Canada and the 
    Government of the United Kingdom.
        ``(43) Against the will of the majority of the Belarusian 
    people--
            ``(A) Alyaksandr Lukashenka appealed to Russian President 
        Vladimir Putin to provide security assistance to his 
        government, if requested; and
            ``(B) President Putin has agreed to prop up the Alyaksandr 
        Lukashenka regime by--
                ``(i) confirming that a Russian police force was ready 
            to be deployed if `the situation gets out of control';
                ``(ii) providing significant financial support; and
                ``(iii) sending Russian propagandists to help 
            disseminate pro-regime propaganda on Belarus state 
            television.
        ``(44) The Governments of the United States, the European 
    Union, the United Kingdom, and Canada have--
            ``(A) condemned the violent crackdown on peaceful 
        protestors;
            ``(B) refused to accept the results of the fraudulent 
        election; and
            ``(C) called for new free and fair elections under 
        independent observation.''.
    SEC. 323. STATEMENT OF POLICY.
    Section 3 of the Belarus Democracy Act of 2004 (Public Law 109-480; 
22 U.S.C. 5811 note) is amended to read as follows:
``SEC. 3. STATEMENT OF POLICY.
    ``It is the policy of the United States--
        ``(1) to condemn--
            ``(A) the conduct of the August 9, 2020, presidential 
        election in Belarus, which was neither free nor fair;
            ``(B) the Belarusian authorities' unrelenting crackdown on, 
        arbitrary arrests of, and violence against opposition 
        candidates, peaceful protestors, human rights activists, 
        employees from state-owned enterprises participating in 
        strikes, independent election observers, and independent 
        journalists and bloggers; and
            ``(C) the unjustified detention and forced or attempted 
        expulsion of members of the Coordination Council in Belarus;
        ``(2) to continue demanding the immediate release without 
    preconditions of all political prisoners in Belarus and those 
    arrested for peacefully protesting, including all those individuals 
    detained in connection with the August 9, 2020, presidential 
    election;
        ``(3) to stand in solidarity with the people of Belarus, 
    including human rights defenders, bloggers, and journalists, who 
    are exercising their right to freedom of assembly, freedom of 
    expression, and rule of law and to continue supporting the 
    aspirations of the people of Belarus for democracy, human rights, 
    and the rule of law;
        ``(4) to continue actively supporting the aspirations of the 
    people of the Republic of Belarus--
            ``(A) to preserve the independence and sovereignty of their 
        country; and
            ``(B) to freely exercise their religion, including the head 
        of the Catholic Church in Belarus, Archbishop Tadeusz 
        Kondrusiewicz, who was barred from entering the country after 
        criticizing Belarusian authorities;
        ``(5) to recognize the leading role of women in the peaceful 
    protests and pro-democracy movement in Belarus;
        ``(6) to continue--
            ``(A) rejecting the invalid results of the fraudulent 
        August 9, 2020 presidential election in Belarus announced by 
        the Central Election Commission of the Republic of Belarus; and
            ``(B) supporting calls for new presidential and 
        parliamentary elections, conducted in a manner that is free and 
        fair according to OSCE standards and under the supervision of 
        OSCE observers and independent domestic observers;
        ``(7) to refuse to recognize Alyaksandr Lukashenka as the 
    legitimately elected leader of Belarus;
        ``(8) to not recognize any incorporation of Belarus into a 
    `Union State' with Russia, since this so-called `Union State' would 
    be both an attempt to absorb Belarus and a step to reconstituting 
    the totalitarian Soviet Union;
        ``(9) to continue calling for the fulfillment by the Government 
    of Belarus of Belarus's freely undertaken obligations as an OSCE 
    participating state and as a signatory of the Charter of the United 
    Nations;
        ``(10) to support an OSCE role in mediating a dialogue within 
    Belarus between the government and genuine representatives of 
    Belarusian society;
        ``(11) to recognize the Coordination Council as a legitimate 
    institution to participate in a dialogue on a peaceful transition 
    of power;
        ``(12) to applaud the commitment by foreign diplomats in Minsk 
    to engage with Coordination Council member and Nobel Laureate, 
    Svetlana Alexievich, and to encourage an ongoing dialogue with her 
    and with other leaders of the democratically-oriented political 
    opposition in Belarus;
        ``(13) to urge an expanded United States diplomatic presence in 
    Belarus to advocate for the aspirations of the people of Belarus 
    for democracy, human rights, and the rule of law;
        ``(14) to encourage the United States Government--
            ``(A) to continue working closely with the European Union, 
        the United Kingdom, Canada, and other countries and 
        international organizations to promote the principles of 
        democracy, the rule of law, and human rights in Belarus; and
            ``(B) to impose targeted sanctions, in coordination with 
        the European Union and other international partners, against 
        officials in Belarus who are responsible for--
                ``(i) undermining democratic processes in Belarus; or
                ``(ii) participating in human rights abuses related to 
            political repression in Belarus;
        ``(15) to call on the Government of Belarus to uphold its human 
    rights obligations, including those rights enumerated in the 
    International Covenant on Civil and Political Rights; and
        ``(16) to support--
            ``(A) the continued territorial integrity of Belarus; and
            ``(B) the right of the Belarusian people to determine their 
        future.''.
    SEC. 324. ASSISTANCE TO PROMOTE DEMOCRACY, CIVIL SOCIETY, AND 
      SOVEREIGNTY IN BELARUS.
    Section 4 of the Belarus Democracy Act of 2004 (Public Law 109-480; 
22 U.S.C. 5811 note) is amended--
        (1) by amending the section heading to read as follows: 
    ``assistance to promote democracy, civil society, and sovereignty 
    in belarus.'';
        (2) in subsection (a)--
            (A) in paragraph (1), by striking ``European'' and 
        inserting ``Trans-Atlantic''; and
            (B) by redesignating paragraphs (2) and (3) as paragraphs 
        (3) and (4), respectively; and
            (C) by inserting after paragraph (1) the following:
        ``(2) To assist the people of Belarus in building the 
    sovereignty and independence of their country.'';
        (3) in subsection (b)--
            (A) by inserting ``and Belarusian groups outside of 
        Belarus'' after ``indigenous Belarusian groups''; and
            (B) by inserting ``and Belarusian sovereignty'' before the 
        period at the end;
        (4) in subsection (c)--
            (A) by striking paragraph (8);
            (B) by redesignating paragraphs (3) through (7) as 
        paragraphs (4) through (8), respectively;
            (C) by inserting after paragraph (2) the following:
        ``(3) countering internet censorship and repressive 
    surveillance technology that seek to limit free association, 
    control access to information, and prevent citizens from exercising 
    their rights to free speech;'';
            (D) in paragraph (8), as redesignated, by striking ``and'' 
        at the end; and
            (E) by adding at the end the following:
        ``(9) supporting the work of women advocating freedom, human 
    rights, and human progress;
        ``(10) supporting the development of Belarusian language 
    education;
        ``(11) enhancing the development of the private sector, 
    particularly the information technology sector, and its role in the 
    economy of Belarus, including by increasing the capacity of private 
    sector actors, developing business support organizations, offering 
    entrepreneurship training, and expanding access to finance for 
    small and medium enterprises;
        ``(12) supporting political refugees in neighboring European 
    countries fleeing the crackdown in Belarus;
        ``(13) supporting the gathering of evidence on and 
    investigating of the human rights abuses in Belarus;
        ``(14) supporting the public health response, including filling 
    the information void, in Belarus during the COVID-19 pandemic; and
        ``(15) other activities consistent with the purposes of this 
    Act.'';
        (5) by redesignating subsection (d) as subsection (g);
        (6) by inserting after subsection (c) the following:
    ``(d) Sense of Congress.--It is the sense of Congress that, in 
light of the political crisis in Belarus and the unprecedented 
mobilization of the Belarusian people, United States foreign assistance 
to Belarusian civil society should be reevaluated and increased--
        ``(1) to carry out the purposes described in subsection (a); 
    and
        ``(2) to include the activities described in subsection (c).
    ``(e) Coordination With European Partners.--In order to maximize 
impact, eliminate duplication, and further the achievement of the 
purposes described in subsection (a), the Secretary of State shall 
ensure coordination with the European Union and its institutions, the 
governments of countries that are members of the European Union, the 
United Kingdom, and Canada.
    ``(f) Report on Assistance.--Not later than 1 year after the date 
of the enactment of the Belarus Democracy, Human Rights, and 
Sovereignty Act of 2020, the Secretary of State, acting through the 
Office of the Coordinator of U.S. Assistance to Europe and Eurasia, and 
in coordination with the Administrator of the United States Agency for 
International Development, shall submit a report to the appropriate 
congressional committees describing the programs and activities carried 
out to achieve the purposes described in subsection (a), including an 
assessment of whether or not progress was made in achieving those 
purposes.''; and
        (7) in subsection (g), as redesignated--
            (A) in the subsection heading, by striking ``Authorization 
        of Appropriations'' and all that follows through ``There are'' 
        and inserting ``Authorization of Appropriations.--There are'';
            (B) by striking ``fiscal years 2007 and 2008'' and 
        inserting ``fiscal years 2021 and 2022''; and
            (C) by striking paragraph (2).
    SEC. 325. INTERNATIONAL BROADCASTING, INTERNET FREEDOM, AND ACCESS 
      TO INFORMATION IN BELARUS.
    Section 5 of the Belarus Democracy Act of 2004 (Public Law 109-480; 
22 U.S.C. 5811 note) is amended to read as follows:
``SEC. 5. INTERNATIONAL BROADCASTING, INTERNET FREEDOM, AND ACCESS TO 
INFORMATION IN BELARUS.
    ``(a) Sense of Congress.--It is the sense of Congress that--
        ``(1) the President should support and reallocate resources to 
    radio, television, and internet broadcasting conducted by Radio 
    Free Europe/Radio Liberty in languages spoken in Belarus;
        ``(2) the United States should also support other independent 
    media providing objective information to the Belarusian people, 
    particularly in the Belarusian language;
        ``(3) the President should provide the United States Agency for 
    Global Media with a surge capacity (as such term is defined in 
    section 316 of the United States International Broadcasting Act (22 
    U.S.C. 6216)) for programs and activities in Belarus;
        ``(4) the Chief Executive Officer of the United States Agency 
    for Global Media, working through the Open Technology Fund and in 
    coordination with the Secretary of State, should expand and 
    prioritize efforts to provide anti-censorship technology and 
    services to journalists and civil society in Belarus in order to 
    enhance their ability to safely access or share digital news and 
    information without fear of repercussions or surveillance; and
        ``(5) the United States should continue to condemn the 
    Belarusian authorities' crackdown on independent media, including 
    the harassment and mass detentions of independent and foreign 
    journalists and the denial of accreditation.
    ``(b) Strategy To Promote Expanded Broadcasting, Internet Freedom, 
and Access to Information in Belarus.--
        ``(1) In general.--Not later than 120 days after the date of 
    the enactment of the Belarus Democracy, Human Rights, and 
    Sovereignty Act of 2020, the Chief Executive Officer of the United 
    States Agency for Global Media and the Secretary of State shall 
    jointly submit to the appropriate congressional committees a 
    comprehensive strategy, including a cost estimate, to carry out the 
    following:
            ``(A) Expand independent radio, television, live stream, 
        and social network broadcasting and communications in Belarus 
        to provide news and information, particularly in the Belarusian 
        language, that is credible, comprehensive, and accurate.
            ``(B) Support the development and use of anti-censorship 
        and circumvention technologies by the Open Technology Fund and 
        the Bureau of Democracy Human Rights and Labor that enable the 
        citizens of Belarus to communicate securely and undertake 
        internet activities without interference from the Government of 
        Belarus.
            ``(C) Assist efforts to overcome attempts by the Government 
        of Belarus to disrupt internet access and block content online.
            ``(D) Monitor the cooperation of the Government of Belarus 
        with any foreign government or organization for purposes 
        related to the censorship or surveillance of the internet, 
        including an assessment of any such cooperation in the 
        preceding ten years.
            ``(E) Monitor the purchase or receipt by the Government of 
        Belarus of any technology or training from any foreign 
        government or organization for purposes related to the 
        censorship or surveillance of the internet, including an 
        assessment of any such purchase or receipt in the preceding ten 
        years.
            ``(F) Assist with the protection of journalists who have 
        been targeted for free speech activities, including through the 
        denial of accreditation.
            ``(G) Provide cyber-attack mitigation services to civil 
        society organizations in Belarus.
            ``(H) Provide resources for educational materials and 
        training on digital literacy, bypassing internet censorship, 
        digital safety, and investigative and analytical journalism for 
        independent journalists working in Belarus.
            ``(I) Build the capacity of civil society, media, and other 
        nongovernmental and organizations to identify, track, and 
        counter disinformation, including from proxies of the 
        Government of Russia working at Belarusian state television.
        ``(2) Form.--The report required under paragraph (1) shall be 
    transmitted in unclassified form, but may contain a classified 
    annex.''.
    SEC. 326. SANCTIONS AGAINST THE GOVERNMENT OF BELARUS.
    Section 6 of the Belarus Democracy Act of 2004 (Public Law 109-480; 
22 U.S.C. 5811 note) is amended--
        (1) in subsection (b)--
            (A) by striking ``December 19, 2010'' each place it appears 
        and inserting ``August 9, 2020'';
            (B) in paragraph (2), by inserting ``, peaceful 
        protesters,'' after ``all opposition activists'';
            (C) by striking paragraphs (3) and (6); and
            (D) by redesignating paragraphs (4), (5), and (7) as 
        paragraphs (3), (4), and (5), respectively;
        (2) in subsection (c)--
            (A) in the subsection heading, by inserting ``and Russian 
        Individuals Complicit in the Crackdown That Occurred After the 
        August 9, 2020, Election'' after ``Belarus'';
            (B) by redesignating paragraphs (4) and (5) as paragraphs 
        (5) and (6), respectively;
            (C) by inserting after paragraph (3) the following:
        ``(4) is a member of the Central Election Commission of Belarus 
    or assisted the Commission in manipulating the presidential 
    election of August 9, 2020;'';
            (D) in paragraph (5), as redesignated, to read as follows:
        ``(5) is a member of any branch of the security or law 
    enforcement services of Belarus, including the KGB, Interior 
    Ministry, and OMON special police unit, and is responsible for, or 
    complicit in, ordering, controlling, materially assisting, 
    sponsoring, or providing financial, material, or technological 
    support for, or otherwise directing, the crackdown on opposition 
    leaders, journalists, and peaceful protestors that occurred in 
    connection with the presidential election of August 9, 2020; or''; 
    and
            (E) by adding at the end the following:
        ``(7) is a government official, including at the Information 
    Ministry, responsible for the crackdown on independent media, 
    including revoking the accreditation of journalists, disrupting 
    internet access, and restricting online content;
        ``(8) is an official in the so-called `Union State' between 
    Russia and Belarus (regardless of nationality of the individual); 
    or
        ``(9) is a Russian individual that has significantly 
    participated in the crackdown on independent press or human rights 
    abuses related to political repression in Belarus, including the 
    Russian propagandists sent to replace local employees at Belarusian 
    state media outlets.'';
        (3) in subsection (d)(1), by striking ``the Overseas Private 
    Investment Corporation'' and inserting ``the United States 
    International Development Finance Corporation'';
        (4) in subsection (e), by striking ``(including any technical 
    assistance or grant) of any kind''; and
        (5) in subsection (f)--
            (A) in paragraph (1)(A), by striking ``or by any member or 
        family member closely linked to any member of the senior 
        leadership of the Government of Belarus'' and inserting ``or by 
        the senior leadership of the Government of Belarus or by any 
        member or family member closely linked to the senior leadership 
        of the Government of Belarus, or an official of the so-called 
        `Union State' with Russia''; and
            (B) in paragraph (2)--
                (i) in subparagraph (A), by adding at the end before 
            the semicolon the following: ``, or an official of the so-
            called `Union State' with Russia''; and
                (ii) in subparagraph (B), by inserting ``, or the so-
            called `Union State' with Russia,'' after ``the Government 
            of Belarus''.
    SEC. 327. MULTILATERAL COOPERATION.
    Section 7 of the Belarus Democracy Act of 2004 (Public Law 109-480; 
22 U.S.C. 5811 note) is amended to read as follows:
``SEC. 7. MULTILATERAL COOPERATION.
    ``It is the sense of Congress that the President should continue to 
coordinate with the European Union and its institutions, European Union 
member states, the United Kingdom, and Canada to develop a 
comprehensive, multilateral strategy--
        ``(1) to further the purposes of this Act, including, as 
    appropriate, encouraging other countries to take measures with 
    respect to the Republic of Belarus that are similar to measures 
    described in this Act; and
        ``(2) to deter the Government of the Russian Federation from 
    undermining democratic processes and institutions in Belarus or 
    threatening the independence, sovereignty, and territorial 
    integrity of Belarus.''.
    SEC. 328. REPORTS.
    Section 8 of the Belarus Democracy Act of 2004 (Public Law 109-480; 
22 U.S.C. 5811 note) is amended to read as follows:
``SEC. 8. REPORTS.
    ``(a) Report on Threat to Sovereignty and Independence of 
Belarus.--
        ``(1) In general.--Not later than 120 days after the date of 
    the enactment of the Belarus Democracy, Human Rights, and 
    Sovereignty Act of 2020, the Secretary of State, in coordination 
    with the Director of National Intelligence and the Secretary of the 
    Treasury, shall transmit to the appropriate congressional 
    committees a report describing the threat that the Government of 
    Russia poses to the sovereignty and independence of Belarus.
        ``(2) Matters to be included.--The report required under 
    paragraph (1) shall include--
            ``(A) an assessment of how the Government of Russia is 
        exploiting the current political crisis in Belarus to push for 
        deeper political and economic control of or integration with 
        Belarus;
            ``(B) a description of the economic and energy assets in 
        Belarus that the Government of Russia, including Russian state-
        owned or state-controlled companies, controls;
            ``(C) a description of Belarus major enterprises that are 
        vulnerable of being taken over by Russian entities amid the 
        country's worsening financial crisis;
            ``(D) a description of how and to what ends the Government 
        of Russia seeks to augment its military presence in Belarus;
            ``(E) a description of Russian influence over the media and 
        information space in Belarus and how the Government of Russia 
        uses disinformation and other malign techniques to undermine 
        Belarusian history, culture, and language;
            ``(F) a description of other actors in Belarus that the 
        Government of Russia uses to advance its malign influence, 
        including veterans' organizations and extrajudicial networks;
            ``(G) a description of efforts to undermine Belarusian 
        language, cultural, and national symbols, including the 
        traditional red and white flag and the `Pahonia' mounted 
        knight; and
            ``(H) the identification of Russian individuals and 
        government agencies that are significantly supporting or 
        involved in the crackdown on peaceful protestors and the 
        opposition or the repression of independent media following the 
        August 9, 2020, presidential election.
        ``(3) Form.--The report required under this subsection shall be 
    transmitted in unclassified form, but may contain a classified 
    annex.
    ``(b) Report on Personal Assets of Alyaksandr Lukashenka.--
        ``(1) In general.--Not later than 90 days after the date of the 
    enactment of the Belarus Democracy, Human Rights, and Sovereignty 
    Act of 2020, the Director of National Intelligence, in consultation 
    with the Secretary of the Treasury and the Secretary of State, 
    shall submit to the appropriate congressional committees a report 
    describing--
            ``(A) the total assets under the direct or indirect control 
        of Alyaksandr Lukashenka, including estimated assets and known 
        sources of income of Alyaksandr Lukashenka and his immediate 
        family members, including assets, investments, bank accounts, 
        and other business interests; and
            ``(B) an identification of the most significant senior 
        foreign political figures in Belarus, as determined by their 
        closeness to Alyaksandr Lukashenka.
        ``(2) Waiver.--The Director of National Intelligence may waive, 
    in whole or in part, the reporting requirement under paragraph 
    (1)(A) if the Director submits to the appropriate congressional 
    committees--
            ``(A) a written justification stating that the waiver is in 
        the national interest of the United States; and
            ``(B) a detailed explanation of the reasons therefor.
        ``(3) Form.--The report required under this subsection shall be 
    transmitted in unclassified form, but may contain a classified 
    annex.''.
    SEC. 329. DEFINITIONS.
    Section 9 of the Belarus Democracy Act of 2004 (Public Law 109-480; 
22 U.S.C. 5811 note) is amended--
        (1) by amending paragraph (1) to read as follows:
        ``(1) Appropriate congressional committees.--The term 
    `appropriate congressional committees' means--
            ``(A) the Committee on Foreign Relations of the Senate;
            ``(B) the Committee on Banking, Housing, and Urban Affairs 
        of the Senate;
            ``(C) the Committee on Appropriations of the Senate;
            ``(D) the Committee on Foreign Affairs of the House of 
        Representatives;
            ``(E) the Committee on Financial Services of the House of 
        Representatives; and
            ``(F) the Committee on Appropriations of the House of 
        Representatives.''; and
        (2) in paragraph (3)(B)--
            (A) in clause (i), by inserting ``members of the security 
        and intelligence services,'' after ``prosecutors,''; and
            (B) in clause (ii), by inserting ``, electoral fraud, 
        online censorship, or restrictions on independent media and 
        journalists'' after ``public corruption''.
    SEC. 330. DETERMINATION OF BUDGETARY EFFECTS.
    The budgetary effects of this subtitle, for the purpose of 
complying with the Statutory Pay-As-You-Go Act of 2010, shall be 
determined by reference to the latest statement titled ``Budgetary 
Effects of PAYGO Legislation'' for this subtitle, submitted for 
printing in the Congressional Record by the Chairman of the House 
Budget Committee, provided that such statement has been submitted prior 
to the vote on passage.

       Subtitle D--Gandhi-King Scholarly Exchange Initiative Act

    SEC. 331. SHORT TITLE.
    This subtitle may be cited as the ``Gandhi-King Scholarly Exchange 
Initiative Act''.
    SEC. 332. FINDINGS.
    Congress makes the following findings:
        (1) The peoples of the United States and India have a long 
    history of friendship and the interests of the peoples of the 
    United States, India, and the world will benefit from a stronger 
    United States-India partnership.
        (2) Mohandas Karamchand Gandhi and Martin Luther King, Jr., 
    were dedicated leaders fighting for social justice and social 
    change, peace, and civil rights in their respective communities, 
    and countries and in the world.
        (3) The use of nonviolent civil disobedience is a shared tactic 
    that has played a key role in defeating social injustice in India, 
    the United States, and in other parts of the world.
        (4) Mohandas Gandhi, who was born on October 2, 1869, was 
    murdered on January 30, 1948, after dedicating his life to the 
    peaceful empowerment of the people of India and to the end of 
    British colonial rule.
        (5) Martin Luther King, Jr., who was born on January 15, 1929, 
    was murdered on April 4, 1968, after a life dedicated to peaceful 
    movements against segregation, discrimination, racial injustice, 
    and poverty.
        (6) In February 1959, Dr. King and his wife, Coretta Scott 
    King, traveled throughout India. By the end of his monthlong visit, 
    Dr. King said, ``I am more convinced than ever before that the 
    method of nonviolent resistance is the most potent weapon available 
    to oppressed people in their struggle for justice and human 
    dignity.''.
        (7) Fifty years after Dr. King's visit, All India Radio, the 
    national radio station of India, discovered a taped message by Dr. 
    King that emphasized the intellectual harmony between the messages 
    of Dr. King and Mohandas Gandhi on nonviolent social action.
        (8) On August 22, 2011, the Dr. Martin Luther King, Jr., 
    National Memorial opened to the public in Washington, DC. This 
    newest memorial on the National Mall pays tribute to Dr. King's 
    national and international contributions to world peace through 
    nonviolent social change.
        (9) The 116th Congress coincides with both the 150th birth 
    anniversary of Mohandas Gandhi and the 90th birth anniversary of 
    Dr. Martin Luther King, Jr.
        (10) Mohandas Gandhi, who employed the principle of satyagraha, 
    or ``fighting with peace'', has come to represent the moral force 
    inspiring many civil and social rights movement around the world.
        (11) Dr. King's effective use of Gandhi's principles was 
    instrumental to the American civil rights movement.
        (12) There is a long history of civil and social rights 
    movements in the United States and in India. As the relationship 
    between the United States and India evolves, a binational 
    foundation through which the governments of each country can work 
    together and catalyze private investment toward development 
    objectives would provide an ongoing, productive institution and 
    symbol of the friendship and common ideals of the respective 
    governments and their peoples.
        (13) There is a global goal of ending tuberculosis by 2030, the 
    United States and India seek a TB-Free India by 2025, and the 
    United States-India Gandhi-King Development Foundation, as 
    described in this subtitle, could help address gaps across the TB 
    value chain in prevention, detection, diagnosis, and treatment, and 
    catalyze market-based strategies to bridge the service gap for the 
    ``last mile''.
        (14) Leaders in both countries have prioritized the United 
    States-India relationship and continue to support a strengthened 
    United States-India partnership, recognizing that it will be one of 
    the defining partnerships of the 21st century.
    SEC. 333. GANDHI-KING SCHOLARLY EXCHANGE INITIATIVE.
    (a) In General.--In order to further the shared ideals and values 
of Mohandas Gandhi and Martin Luther King, Jr, the Secretary of State 
should establish, in cooperation with the appropriate representatives 
of the Government of India, a professional exchange program known as 
the ``Gandhi-King Scholarly Exchange Initiative''. The initiative 
should be comprised of the following:
        (1) An annual educational forum for scholars from the United 
    States and India that focuses on the social justice and human and 
    civil rights legacies of Mohandas Gandhi and Martin Luther King, 
    Jr., which should--
            (A) be held alternately in the United States and in India;
            (B) include representatives from governments, 
        nongovernmental organizations, civic organizations, and 
        educational, cultural, women's, civil, and human rights groups, 
        including religious and ethnic minorities and marginalized 
        communities; and
            (C) focus on studying the works of Gandhi and King, and 
        applying their philosophies of nonviolent resistance to 
        addressing current issues, including poverty alleviation, 
        conflict mitigation, human and civil rights challenges, refugee 
        crises, and threats to democracy and democratic norms in 
        countries around the world.
        (2) An undergraduate, graduate, and post-graduate student 
    exchange for students in the United States and India to--
            (A) study the history and legacies of Martin Luther King, 
        Jr., and Mohandas Gandhi; and
            (B) research, develop, and recommend best practices 
        relating to peace, nonviolence, and reconciliation in current 
        conflict regions.
    (b) Sunset.--The authorities provided under this section shall 
terminate on the date that is five years after the date of enactment of 
this Act.
    SEC. 334. GANDHI-KING GLOBAL ACADEMY.
    (a) In General.--The president and chief executive officer of the 
United States Institute of Peace should create a professional 
development training initiative on conflict resolution tools based on 
the principles of nonviolence. Such training initiative shall be known 
as the Gandhi-King Global Academy and should--
        (1) include representatives from governments, nongovernmental 
    organizations, civic organizations, and educational, cultural, 
    women's, civil, and human rights groups, including religious and 
    ethnic minorities and marginalized communities in countries with 
    ongoing political, social, ethnic, or violent conflict;
        (2) include a specific focus on the success of nonviolent 
    movements, inclusion, and representation in conflict resolution;
        (3) develop a curriculum on conflict resolution tools based on 
    the principles of nonviolence; and
        (4) make the curriculum publicly available online, in person, 
    and through a variety of media.
    (b) Prohibition.--The United States Institute of Peace may not, in 
the course of any activity authorized by subsection (a), enter into any 
contract with an outside entity to conduct advocacy on its behalf.
    (c) Sunset.--The authorities provided under this section shall 
terminate on the date that is five years after the date of enactment of 
this Act.
    SEC. 335. ESTABLISHMENT OF THE UNITED STATES-INDIA GANDHI-KING 
      DEVELOPMENT FOUNDATION.
    (a) Establishment.--The Administrator of the United States Agency 
for International Development (USAID), with the concurrence of the 
Secretary of State and in coordination with appropriate counterparts in 
the Government of India, is authorized to establish, on such terms and 
conditions as are determined necessary, one or more legal entities to 
compose the United States-India Gandhi-King Development Foundation (in 
this section referred to as the ``Foundation''). Each such legal entity 
within the Foundation shall be organized under the laws of India and 
shall not be considered to be an agency or establishment of the United 
States Government and shall not have the full faith and credit of the 
United States.
    (b) Functions.--The Foundation, through one or more entities 
referred to in subsection (a)--
        (1) shall identify development priorities and administer and 
    oversee competitively-awarded grants to private nongovernmental 
    entities to address such priorities in India, including--
            (A) health initiatives addressing tuberculosis (TB), water, 
        sanitation, and health (WASH), and pollution and related health 
        impacts (PHI);
            (B) pollution, plastic waste reduction, and climate-related 
        shocks;
            (C) education; and
            (D) empowerment of women;
        (2) should provide credible platforms and models, including 
    returnable capital to attract and blend public and private capital, 
    which can then be deployed efficiently and effectively to address 
    the priorities identified in paragraph (1).
    (c) Additionality.--
        (1) In general.--Before an entity within the Foundation makes a 
    grant under subsection (b)(1) to address a priority identified 
    under such subsection, the Foundation shall ensure that private 
    sector entities are afforded an opportunity to support the projects 
    funded by such grants.
        (2) Safeguards, policies, and guidelines.--The Foundation shall 
    develop appropriate safeguards, policies, and guidelines to ensure 
    that grants made under subsection (b)(1) operate according to 
    internationally recognized best practices and standards, including 
    for transparency and accountability.
    (d) Limitations.--No party receiving a grant made under subsection 
(b)(1) may receive such grant in an amount that is more than five 
percent of amounts appropriated or otherwise made available under 
section 337(a)(3) to the entity in the Foundation making such grant.
    (e) Governing Council.--
        (1) Purpose.--The Government of the United States and the 
    Government of India shall convene a Governing Council to provide 
    guidance and direction to the Foundation.
        (2) Appointment of members.--The Administrator of the United 
    States Agency for International Development, with the concurrence 
    of the Secretary of State, shall appoint a majority of the 
    Governing Council of the Foundation for a period of five years 
    following the establishment of the Foundation.
        (3) Charter.--The Governing Council of the Foundation shall 
    adopt a charter for the operation of the Foundation, which shall 
    include provisions to--
            (A) identify development priorities or a process to 
        identify development priorities;
            (B) define criteria for application, merit review, and 
        transparent, competitive awarding of grants by the Foundation;
            (C) establish an annual organization-wide audit by an 
        independent auditor in accordance with generally accepted 
        auditing standards, the results of which shall be made 
        immediately available to the Board, the Administrator of the 
        United States Agency for International Development, and the 
        appropriate Government of India counterpart;
            (D) assist in the creation of project specific timetables 
        for each of the projects funded by a grant from the Foundation;
            (E) establish an oversight role and march-in audit rights 
        for the Administrator of the United States Agency for 
        International Development and the appropriate Government of 
        India counterpart; and
            (F) establish an annual report on the activities of the 
        Foundation to be made publicly available.
    (f) Publicly Available Project Information.--The Foundation shall 
maintain a user-friendly, publicly available, machine readable database 
with detailed project level information, as appropriate, including a 
description of the grants made by the Foundation under this section and 
project level performance metrics.
    (g) Detail of United States Government Personnel to the 
Foundation.--
        (1) In general.--Whenever the Administrator of the United 
    States Agency for International Development or the Secretary of 
    State determines it to be in furtherance of the purposes of this 
    subtitle, the Administrator and the Secretary are authorized to 
    detail or assign any officer or employee of the Agency or the 
    Department, respectively, to any position in the Foundation to 
    provide technical, scientific, or professional assistance to the 
    Foundation or, in cooperation with the Foundation, to implementing 
    partners of the Foundation, without reimbursement to the United 
    States Government.
        (2) Status.--Any United States Government officer or employee, 
    while detailed or assigned under this subsection, shall be 
    considered, for the purpose of preserving their allowances, 
    privileges, rights, seniority, and other benefits as such, an 
    officer or employee of the United States Government and of the 
    agency of the United States Government from which detailed or 
    assigned, and shall continue to receive compensation, allowances, 
    and benefits from program funds appropriated to that agency or made 
    available to that agency for purposes related to the activities of 
    the detail or assignment, in accordance with authorities related to 
    their employment status and agency policies.
        (3) Sunset.--The authorities provided under this subsection 
    shall terminate on the date that is five years after the 
    establishment of the Foundation.
    SEC. 336. REPORTING REQUIREMENTS.
    (a) Initial Reports.--Not later than 120 days after the date of the 
enactment of this Act--
        (1) the Secretary of State shall submit to the Committee on 
    Foreign Affairs and the Committee on Appropriations of the House of 
    Representatives and the Committee on Foreign Relations and the 
    Committee on Appropriations of the Senate a report on the Secretary 
    of State's plan to establish the initiative authorized under 
    section 333;
        (2) the president and chief executive officer of the United 
    States Institute of Peace shall submit to the Committee on Foreign 
    Affairs and the Committee on Appropriations of the House of 
    Representatives and the Committee on Foreign Relations and the 
    Committee on Appropriations of the Senate a report on the president 
    and chief executive officer's plan to establish the initiative 
    authorized under section 334; and
        (3) the Administrator of the United States Agency for 
    International Development shall submit to the Committee on Foreign 
    Affairs and the Committee on Appropriations of the House of 
    Representatives and the Committee on Foreign Relations and the 
    Committee on Appropriations of the Senate a report on the 
    Administrator's plan to establish the organization authorized under 
    section 335.
    (b) Periodic Updates.--The Secretary of State, president and chief 
executive officer of the United States Institute of Peace, and 
Administrator of the United States Agency for International Development 
shall submit to the committees described in subsection (a)(3) an update 
on a semiannual basis regarding the progress in implementing each of 
the initiatives or establishing the organization referred to in such 
subsection.
    SEC. 337. AUTHORIZATION OF APPROPRIATIONS.
    (a) In General.--There is authorized to be appropriated to carry 
out--
        (1) section 333, up to $1,000,000 for each of fiscal years 2021 
    through 2025 to the Secretary of State
        (2) section 334, up to $2,000,000 for fiscal year 2021 to the 
    United States Institute of Peace;
        (3) section 335, up to $30,000,000 for fiscal year 2021 to the 
    Administrator of the United States Agency for International 
    Development; and
        (4) section 335, up to an additional $15,000,000 for each of 
    fiscal years 2022 through 2025 to the Administrator of the United 
    States Agency for International Development, if the private sector 
    in India commits amounts equal to that contributed by the United 
    States.
    (b) Sense of Congress on Foreign Assistance Funds.--It is the sense 
of Congress that the authorization of appropriations under subsection 
(a) should be renewable for one or more periods of not more than 5 
years if--
        (1) authorized by Congress; and
        (2) the Secretary of State, in consultation with the 
    Administrator of the United States Agency for International 
    Development, determines that the Foundation's work is successful in 
    addressing the priorities identified in section 335(b)(1) and that 
    the private sector in India has committed funds to the Foundation 
    in accordance with subsection (a)(4).

           Subtitle E--Tibetan Policy and Support Act of 2020

    SEC. 341. MODIFICATIONS TO AND REAUTHORIZATION OF TIBETAN POLICY 
      ACT OF 2020.
    (a) Tibetan Negotiations.--Section 613 of the Tibetan Policy Act of 
2002 (22 U.S.C. 6901 note) is amended--
        (1) in subsection (a)--
            (A) in paragraph (1)--
                (i) by inserting ``without preconditions'' after ``a 
            dialogue'';
                (ii) by inserting ``or democratically-elected leaders 
            of the Tibetan community'' after ``his representatives''; 
            and
                (iii) by inserting before the period at the end the 
            following: ``and should coordinate with other governments 
            in multilateral efforts toward this goal'';
            (B) by redesignating paragraph (2) as paragraph (3); and
            (C) by inserting after paragraph (1) the following new 
        paragraph:
        ``(2) Policy communication.--The Secretary of State shall 
    ensure that, in accordance with this Act, United States policy on 
    Tibet, as coordinated by the United States Special Coordinator for 
    Tibetan Issues, is communicated to all Federal departments and 
    agencies in contact with the Government of the People's Republic of 
    China.'';
        (2) in subsection (b)--
            (A) in the matter preceding paragraph (1)--
                (i) by striking ``until December 31, 2021'' and 
            inserting ``until December 31, 2031''; and
                (ii) by inserting ``and direct the Department of State 
            to make public on its website'' after ``appropriate 
            congressional committees'';
            (B) in paragraph (1), by striking ``; and'' and inserting a 
        semicolon;
            (C) in paragraph (2), by striking the period at the end and 
        inserting ``; and'' ; and
            (D) by adding at the end the following new paragraph:
        ``(3) the steps taken by the United States Government to 
    promote the human rights and distinct religious, cultural, 
    linguistic, and historical identity of the Tibetan people, 
    including the right of the Tibetan people to select, educate, and 
    venerate their own religious leaders in accordance with their 
    established religious practice and system.''.
    (b) Tibet Project Principles.--Section 616 of such Act (22 U.S.C. 
6901 note) is amended--
        (1) in subsection (d)--
            (A) in paragraph (5), by inserting ``human rights,'' after 
        ``respect Tibetan'';
            (B) in paragraph (8), by striking ``; and'' and inserting a 
        semicolon;
            (C) in paragraph (9)--
                (i) by inserting ``involuntary or coerced'' after ``nor 
            facilitate the''; and
                (ii) by striking the period at the end and inserting 
            ``; and''; and
            (D) by adding at the end the following new paragraph:
        ``(10) neither provide incentive for, nor facilitate the 
    involuntary or coerced relocation of, Tibetan nomads from their 
    traditional pasturelands into concentrated settlements.'';
        (2) by adding at the end the following new subsections:
    ``(e) United States Assistance.--
        ``(1) In general.--The President is authorized to provide 
    assistance to nongovernmental organizations to support inclusive 
    economic growth, resilience, global health, education, 
    environmental stewardship, and cultural and historical preservation 
    for Tibetan communities in Tibet, in accordance with the principles 
    specified in subsection (d).
        ``(2) Coordination.--Assistance authorized under paragraph (1) 
    shall be carried out in coordination with the United States Special 
    Coordinator for Tibetan Issues in accordance with section 621(d).
    ``(f) Private Sector Investment.--The Secretary of State, in 
coordination with the Secretary of Commerce, should--
        ``(1) encourage United States businesses and individuals that 
    are engaged in commerce or investing in enterprises in Tibet to be 
    guided by the principles specified in subsection (d) and the United 
    Nations Guiding Principles on Business and Human Rights; and
        ``(2) hold regular consultations with businesses and 
    individuals that are engaged in commerce or are investing in 
    enterprises in Tibet about the principles referenced in paragraph 
    (1) and the business practices of such businesses and individuals 
    in Tibet.''.
    (c) Diplomatic Representation Relating to Tibet.--Section 618 of 
such Act (22 U.S.C. 6901 note) is amended to read as follows:
    ``SEC. 618. DIPLOMATIC REPRESENTATION RELATING TO TIBET.
    ``(a) United States Consulate in Lhasa, Tibet.--The Secretary 
should seek to establish a United States consulate in Lhasa, Tibet--
        ``(1) to provide consular services to United States citizens 
    traveling in Tibet; and
        ``(2) to monitor political, economic, and cultural developments 
    in Tibet.
    ``(b) Policy.--The Secretary may not authorize the establishment in 
the United States of any additional consulate of the People's Republic 
of China until such time as a United States consulate in Lhasa, Tibet, 
is established under subsection (a).
    ``(c) Waiver.--The Secretary may waive the requirement under 
subsection (b), notwithstanding the lack of a United States consulate 
in Lhasa, not less than 30 days after the Secretary determines and 
reports to the appropriate congressional committees that it is in the 
national security interests of the United States to waive such 
requirements and submits to the appropriate congressional committees a 
report including--
        ``(1) a specific and detailed rationale for the determination 
    that the waiver is in the national security interests of the United 
    States; and
        ``(2) a description of the efforts by the Department of State 
    to seek the establishment of a United States consulate in Lhasa.''.
    (d) Religious Persecution in Tibet.--Section 620(b) of such Act (22 
U.S.C. 6901 note) is amended by inserting before the period at the end 
the following: ``, including with respect to the reincarnation system 
of Tibetan Buddhism''.
    (e) United States Special Coordinator for Tibetan Issues.--Section 
621 of such Act (22 U.S.C. 6901 note) is amended--
        (1) by amending subsection (c) to read as follows:
    ``(c) Objectives.--The objectives of the Special Coordinator are 
to--
        ``(1) promote substantive dialogue without preconditions, 
    between the Government of the People's Republic of China and the 
    Dalai Lama, his or her representatives, or democratically elected 
    leaders of the Tibetan community, or explore activities to improve 
    prospects for dialogue, that leads to a negotiated agreement on 
    Tibet;
        ``(2) coordinate with other governments in multilateral efforts 
    towards the goal of a negotiated agreement on Tibet;
        ``(3) encourage the Government of the People's Republic of 
    China to address the aspirations of the Tibetan people with regard 
    to their distinct historical, cultural, religious, and linguistic 
    identity;
        ``(4) promote the human rights of the Tibetan people;
        ``(5) promote activities to preserve environment and water 
    resources of the Tibetan plateau;
        ``(6) encourage that any initiatives or activities for Tibetan 
    communities in the Tibet Autonomous Region are conducted in 
    accordance with the principles espoused in section 616(d); and
        ``(7) promote access to Tibet in accordance with the Reciprocal 
    Access to Tibet Act of 2018 (Public Law 115-330).'';
        (2) in subsection (d)--
            (A) in paragraph (5), by striking ``; and'' and inserting a 
        semicolon;
            (B) by redesignating paragraph (6) as paragraph (8); and
            (C) by inserting after paragraph (5) the following new 
        paragraphs:
        ``(6) provide guidance with respect to all projects carried out 
    pursuant to assistance provided under section 616(e);
        ``(7) seek to establish international diplomatic coalitions 
    to--
            ``(A) oppose any effort by the Government of the People's 
        Republic of China to select, educate, and venerate Tibetan 
        Buddhist religious leaders in a manner inconsistent with the 
        principle that the succession or identification of Tibetan 
        Buddhist lamas, including the Dalai Lama, should occur without 
        interference, in a manner consistent with traditional practice; 
        and
            ``(B) ensure that the identification and installation of 
        Tibetan Buddhist religious leaders, including any future Dalai 
        Lama, is determined solely within the Tibetan Buddhist faith 
        community, in accordance with the internationally-recognized 
        right to religious freedom; and''; and
        (3) by adding at the end the following new subsection:
    ``(e) Personnel.--The Secretary shall ensure that the Office of the 
Special Coordinator is adequately staffed at all times to assist in the 
management of the responsibilities of this section.''.
    SEC. 342. STATEMENT OF POLICY REGARDING THE SUCCESSION OR 
      REINCARNATION OF THE DALAI LAMA.
    (a) Findings.--Congress finds the following:
        (1) Tibetan Buddhism is practiced in many countries including 
    Bhutan, India, Mongolia, Nepal, the People's Republic of China, the 
    Russian Federation, and the United States, yet the Government of 
    the People's Republic of China has repeatedly insisted on its role 
    in managing the selection of Tibet's next spiritual leader, the 
    Dalai Lama, through actions such as those described in the 
    ``Measures on the Management of the Reincarnation of Living 
    Buddhas'' in 2007.
        (2) On March 19, 2019, Chinese Ministry of Affairs spokesperson 
    reiterated that the ``reincarnation of living Buddhas including the 
    Dalai Lama must comply with Chinese laws and regulations and follow 
    religious rituals and historical conventions''.
        (3) The Government of the People's Republic of China has 
    interfered in the process of recognizing a successor or 
    reincarnation of Tibetan Buddhist leaders, including in 1995 by 
    arbitrarily detaining Gedhun Choekyi Nyima, a 6-year old boy who 
    was identified as the 11th Panchen Lama, and purporting to install 
    its own candidate as the Panchen Lama.
        (4) The 14th Dalai Lama, Tenzin Gyatso, issued a statement on 
    September 24, 2011, explaining the traditions and spiritual 
    precepts of the selection of Dalai Lamas, setting forth his views 
    on the considerations and process for selecting his successor, and 
    providing a response to the Chinese government's claims that only 
    the Chinese government has the ultimate authority in the selection 
    process of the Dalai Lama.
        (5) The 14th Dalai Lama said in his statement that the person 
    who reincarnates has sole legitimate authority over where and how 
    he or she takes rebirth and how that reincarnation is to be 
    recognized and if there is a need for a 15th Dalai Lama to be 
    recognized, then the responsibility shall primarily rest with the 
    officers of the Dalai Lama's Gaden Phodrang Trust, who will be 
    informed by the written instructions of the 14th Dalai Lama.
        (6) Since 2011, the 14th Dalai Lama has reiterated publicly on 
    numerous occasions that decisions on the successions, emanations, 
    or reincarnations of the Dalai Lama belongs to the Tibetan Buddhist 
    faith community alone.
        (7) On June 8, 2015, the United States House of Representatives 
    unanimously approved House Resolution 337 which calls on the United 
    States Government to ``underscore that government interference in 
    the Tibetan reincarnation process is a violation of the 
    internationally recognized right to religious freedom . . . and to 
    highlight the fact that other countries besides China have long 
    Tibetan Buddhist traditions, and that matters related to 
    reincarnations in Tibetan Buddhism are of keen interest to Tibetan 
    Buddhist populations worldwide''.
        (8) On April 25, 2018, the United States Senate unanimously 
    approved Senate Resolution 429 which ``expresses its sense that the 
    identification and installation of Tibetan Buddhist religious 
    leaders, including a future 15th Dalai Lama, is a matter that 
    should be determined solely within the Tibetan Buddhist faith 
    community, in accordance with the inalienable right to religious 
    freedom''.
        (9) The Department of State's Report on International Religious 
    Freedom for 2018 reported on policies and efforts of the Government 
    of the People's Republic of China to exert control over the 
    selection of Tibetan Buddhist religious leaders, including 
    reincarnate lamas, and stated that ``[United States] officials 
    underscored that decisions on the reincarnation of the Dalai Lama 
    should be made solely by faith leaders.''.
    (b) Statement of Policy.--It is the policy of the United States 
that--
        (1) decisions regarding the selection, education, and 
    veneration of Tibetan Buddhist religious leaders are exclusively 
    spiritual matters that should be made by the appropriate religious 
    authorities within the Tibetan Buddhist tradition and in the 
    context of the will of practitioners of Tibetan Buddhism;
        (2) the wishes of the 14th Dalai Lama, including any written 
    instructions, should play a key role in the selection, education, 
    and veneration of a future 15th Dalai Lama; and
        (3) interference by the Government of the People's Republic of 
    China or any other government in the process of recognizing a 
    successor or reincarnation of the 14th Dalai Lama and any future 
    Dalai Lamas would represent a clear abuse of the right to religious 
    freedom of Tibetan Buddhists and the Tibetan people.
    (c) Holding Chinese Officials Responsible for Religious Freedom 
Abuses Targeting Tibetan Buddhists.--It is the policy of the United 
States to take all appropriate measures to hold accountable senior 
officials of the Government of the People's Republic of China or the 
Chinese Communist Party who directly interfere with the identification 
and installation of the future 15th Dalai Lama of Tibetan Buddhism, 
successor to the 14th Dalai Lama, including by--
        (1) imposing sanctions pursuant to the Global Magnitsky Human 
    Rights Accountability Act (22 U.S.C. 2656 note); and
        (2) prohibiting admission to the United States under section 
    212(a)(2)(G) of the Immigration and Nationality Act (8 U.S.C. 
    1182(a)(2)(G)).
    (d) Department of State Programming to Promote Religious Freedom 
for Tibetan Buddhists.--Consistent with section 401 of the Frank R. 
Wolf International Religious Freedom Act (Public Law 114-281; 130 Stat. 
1436), the Ambassador-at-Large for International Religious Freedom 
should support efforts to protect and promote international religious 
freedom in China and for programs to protect Tibetan Buddhism in China 
and elsewhere.
    SEC. 343. POLICY REGARDING THE ENVIRONMENT AND WATER RESOURCES ON 
      THE TIBETAN PLATEAU.
    (a) Findings.--Congress finds the following:
        (1) The Tibetan Plateau contains glaciers, rivers, grasslands, 
    and other geographical and ecological features that are crucial for 
    supporting vegetation growth and biodiversity and regulating water 
    flow and supply for an estimated 1,800,000,000 people. 
    Environmental changes threaten the glaciers in Tibet that feed the 
    major rivers of South and East Asia, which supply freshwater to an 
    estimated 1,800,000,000 people.
        (2) Several factors, including temperature changes, large 
    government-backed infrastructure projects, and resettlement of 
    Tibetan nomads, are likely to result in variable water flows in the 
    future.
        (3) The grasslands of Tibet play a significant role in carbon 
    production and sequestration and Tibet's rivers support wetlands 
    that play a key role in water storage, water quality, and the 
    regulation of water flow, support biodiversity, foster vegetation 
    growth, and act as carbon sinks.
        (4) Traditional Tibetan grassland stewardship practices, which 
    can be key to mitigating the negative effects of environmental 
    changes on the Tibetan Plateau, are undermined by the resettlement 
    of nomads from Tibetan grasslands.
        (5) The People's Republic of China has approximately 20 percent 
    of the world's population but only around 7 percent of the world's 
    water supply, while many countries in South and Southeast Asia rely 
    on the rivers flowing from the Himalayas of the Tibetan Plateau.
        (6) The People's Republic of China has already completed water 
    transfer programs diverting billions of cubic meters of water 
    yearly and has plans to divert more waters from the Tibetan plateau 
    in China.
    (b) Water Resources in Tibet and the Tibetan Watershed.--The 
Secretary of State, in coordination with relevant agencies of the 
United States Government, should--
        (1) pursue collaborative efforts with Chinese and international 
    scientific institutions, as appropriate, to monitor the environment 
    on the Tibetan Plateau, including glacial retreat, temperature 
    rise, and carbon levels, in order to promote a greater 
    understanding of the effects on permafrost, river flows, grasslands 
    and desertification, and the monsoon cycle;
        (2) engage with the Government of the People's Republic of 
    China, the Tibetan people, and nongovernmental organizations to 
    encourage the participation of Tibetan nomads and other Tibetan 
    stakeholders in the development and implementation of grassland 
    management policies, in order to utilize their indigenous 
    experience in mitigation and stewardship of the land and to assess 
    policies on the forced resettlement of nomads; and
        (3) encourage a regional framework on water security, or use 
    existing frameworks, such as the Lower Mekong Initiative, to 
    facilitate cooperative agreements among all riparian nations that 
    would promote transparency, sharing of information, pollution 
    regulation, and arrangements on impounding and diversion of waters 
    that originate on the Tibetan Plateau.
    SEC. 344. DEMOCRACY IN THE TIBETAN EXILE COMMUNITY.
    (a) Findings.--Congress finds the following:
        (1) The 14th Dalai Lama advocates the Middle Way Approach, 
    which seeks genuine autonomy for the 6,000,000 Tibetans in Tibet.
        (2) The 14th Dalai Lama has overseen a process of 
    democratization within the Tibetan polity and devolved his 
    political responsibilities to the elected representatives of the 
    Tibetan people in exile in 2011.
        (3) In 2011 and again in 2016, members of the Tibetan exile 
    community across some 30 countries held free and fair elections to 
    select political leaders to serve in the Central Tibetan 
    Administration parliament and as chief executive.
        (4) The Dalai Lama has said that the Central Tibetan 
    Administration will cease to exist once a negotiated settlement has 
    been achieved that allows Tibetans to freely enjoy their culture, 
    religion, and language in Tibet.
    (b) Sense of Congress.--It is the sense of Congress that--
        (1) Tibetan exile communities around the world should be 
    commended for the adoption of a system of self-governance with 
    democratic institutions to choose their leaders;
        (2) the Dalai Lama should be commended for his decision to 
    devolve political authority to elected leaders in accordance with 
    democratic principles;
        (3) as of the date of the enactment of this Act, the Central 
    Tibetan Administration is the institution that represents and 
    reflects, to the greatest extent, the aspirations of the Tibetan 
    diaspora around the world, and the Sikyong is the President of the 
    Central Tibetan Administration; and
        (4) as consistent with section 621(d)(3) of the Tibetan Policy 
    Act of 2002 (22 U.S.C. 6901 note), the United States Special 
    Coordinator for Tibetan Issues should continue to maintain close 
    contact with the religious, cultural, and political leaders of the 
    Tibetan people.
    SEC. 345. SUSTAINABILITY IN TIBETAN COMMUNITIES SEEKING TO PRESERVE 
      THEIR CULTURE, RELIGION, AND LANGUAGE.
    The Secretary of State should urge the Government of Nepal to honor 
the Gentleman's Agreement with the United Nations High Commissioner for 
Refugees and the Government of India, which commits the Government of 
Nepal to respect the principle of non-refoulement by continuing to give 
Tibetan new arrivals access to the territory of Nepal and allowing them 
safe passage through Nepal to India.
    SEC. 346. AUTHORIZATION OF APPROPRIATIONS.
    (a) Office of the United States Special Coordinator for Tibetan 
Issues.--There is authorized to be appropriated $1,000,000 for each of 
the fiscal years 2021 through 2025 for the Office of the United States 
Special Coordinator for Tibetan Issues.
    (b) Tibetan Scholarship Program and Ngawang Choephel Exchange 
Programs.--
        (1) Tibetan scholarship program.--There is authorized to be 
    appropriated $675,000 for each of the fiscal years 2021 through 
    2025 to carry out the Tibetan scholarship program established under 
    section 103(b)(1) of the Human Rights, Refugee, and Other Foreign 
    Relations Provisions Act of 1996 (Public Law 104-319; 22 U.S.C. 
    2151 note).
        (2) Ngawang choephel exchange programs.--There is authorized to 
    be appropriated $575,000 for each of the fiscal years 2021 through 
    2025 to carry out the ``Ngawang Choephel Exchange Programs'' 
    (formerly known as ``programs of educational and cultural exchange 
    between the United States and the people of Tibet'') under section 
    103(a) of the Human Rights, Refugee, and Other Foreign Relations 
    Provisions Act of 1996 (Public Law 104-319; 110 Stat. 3865).
    (c) Humanitarian Assistance and Support to Tibetan Refugees in 
South Asia.--Amounts authorized to be appropriated or otherwise made 
available to carry out chapter 9 of part I of the Foreign Assistance 
Act of 1961 (22 U.S.C. 2292 et seq.) and the Migration and Refugee 
Assistance Act of 1962 (Public Law 87-510) for each of the fiscal years 
2021 through 2025 are authorized to be made available for humanitarian 
assistance, including food, medicine, clothing, and medical and 
vocational training, for Tibetan refugees in South Asia who have fled 
facing a credible threat of persecution in the People's Republic of 
China.
    (d) Tibetan Autonomous Region and Tibetan Communities in China.--
There is authorized to be appropriated $8,000,000 for each year of the 
fiscal years 2021 through 2025 under chapter 4 of part II of the 
Foreign Assistance Act of 1961 (22 U.S.C. 2346 et seq.) to support 
activities for Tibetan communities in the Tibet Autonomous Region and 
in other Tibetan communities in China that are conducted in accordance 
with subsection 616(d) of the Tibetan Policy Act of 2002 (22 U.S.C. 
6901 note).
    (e) Assistance for Tibetans in India and Nepal.--There is 
authorized to be appropriated $6,000,000 for each of the fiscal years 
2021 through 2025 under chapter 4 of part II of the Foreign Assistance 
Act of 1961 (22 U.S.C. 2346 et seq.) for programs to promote and 
preserve Tibetan culture and language development, and the resilience 
of Tibetan communities in India and Nepal, and to assist in the 
education and development of the next generation of Tibetan leaders 
from such communities.
    (f) Tibetan Governance.--There is authorized to be appropriated 
$3,000,000 for each of the fiscal years 2021 through 2025 under chapter 
4 of part II of the Foreign Assistance Act of 1961 (22 U.S.C. 2346 et 
seq.) for programs to strengthen the capacity of Tibetan institutions 
and strengthen democracy, governance, information and international 
outreach, and research.
    (g) Voice of America and Radio Free Asia.--
        (1) Voice of america.--There is authorized to be appropriated 
    $3,344,000 for each of the fiscal years 2021 through 2025 to Voice 
    of America for broadcasts described in paragraph (3).
        (2) Radio free asia.--There is authorized to be appropriated 
    $4,060,000 for each of the fiscal years 2021 through 2025 to Radio 
    Free Asia for broadcasts described in paragraph (3).
        (3) Broadcasts described.--Broadcasts described in this 
    paragraph are broadcasts to provide uncensored news and information 
    in the Tibetan language to Tibetans, including Tibetans in Tibet.

 Subtitle F--The United States - Northern Triangle Enhanced Engagement 
                                  Act

    SEC. 351. SHORT TITLE.
    This subtitle may be cited as the ``The United States - Northern 
Triangle Enhanced Engagement Act''.
    SEC. 352. STRATEGY TO ADVANCE PROSPERITY, COMBAT CORRUPTION, 
      STRENGTHEN DEMOCRATIC GOVERNANCE, AND IMPROVE CIVILIAN SECURITY 
      IN EL SALVADOR, GUATEMALA, AND HONDURAS.
    (a) Elements.--Not later than 180 days after the date of the 
enactment of this Act, the Secretary of State, in coordination with the 
Administrator of the United States Agency for International 
Development, and the heads of other relevant Federal agencies, shall 
submit to the appropriate congressional committees a 5-year strategy to 
advance economic prosperity, combat corruption, strengthen democratic 
governance, and improve civilian security in El Salvador, Guatemala, 
and Honduras and to curb irregular migration from the region.
    (b) Consideration.--In developing the strategy required under this 
section, the Secretary of State should consider the following 
priorities:
        (1) Promoting economic prosperity, including by--
            (A) supporting market-based solutions to eliminate 
        constraints to inclusive economic growth;
            (B) addressing the underlying causes of poverty and 
        inequality;
            (C) responding to immediate humanitarian needs by improving 
        humanitarian outcomes, including through access to sanitation, 
        hygiene, and shelter, and by enabling the provision of health 
        resources;
            (D) supporting conservation and community resilience and 
        strengthening community preparedness for natural disasters;
            (E) identifying, as appropriate, a role for relevant United 
        States agencies and the United States private sector in 
        supporting efforts to increase private sector investment and 
        advance economic prosperity; and
            (F) improving domestic resource mobilization, including by 
        strengthening tax collection and enforcement and legal 
        arbitration mechanisms.
        (2) Combating corruption, including by--
            (A) strengthening the capacity of national justice systems 
        and attorneys generals to identify and prosecute money 
        laundering and other financial crimes and breaking up financial 
        holdings of organized criminal syndicates, including illegally 
        acquired lands and proceeds from illegal activities;
            (B) strengthening special prosecutorial offices and 
        financial institutions to conduct asset forfeitures and 
        criminal analysis, and to combat corruption, money laundering, 
        financial crimes, extortion, and human rights crimes;
            (C) implementing transparent, merit-based selection 
        processes for prosecutors and judges and the development of 
        professional and merit-based civil services;
            (D) establishing or strengthening methods, procedures for 
        internal and external control mechanisms for the security and 
        police services and judiciary; and
            (E) supporting anticorruption efforts through bilateral 
        assistance and complementary support through multilateral 
        anticorruption mechanisms when necessary.
        (3) Advancing democratic governance, including by--
            (A) strengthening government institutions at the local and 
        national levels to provide services and respond to citizen 
        needs through transparent, inclusive, and democratic processes;
            (B) strengthening access to information laws and reforming 
        laws that currently limit access to information;
            (C) building the capacity of independent media to engage in 
        professional investigative journalism;
            (D) ensuring that threats and attacks on journalists, labor 
        leaders, human rights defenders, and other members of civil 
        society are fully investigated and perpetrators are held 
        accountable; and
            (E) strengthening electoral institutions and processes to 
        ensure free, fair, and transparent elections.
        (4) Improving security conditions, including by--
            (A) implementing the Central America Regional Security 
        Initiative;
            (B) increasing the professionalization of security 
        services, including the civilian police and military units;
            (C) combating the illicit activities of transnational 
        criminal organizations through support to fully vetted elements 
        of attorneys general offices, appropriate government 
        institutions, and security services; and
            (D) enhancing the capacity of relevant security services 
        and attorneys general to support counternarcotics efforts and 
        combat human trafficking, forcible recruitment of children and 
        youth by gangs, gender-based violence, and other illicit 
        activities, including trafficking of wildlife, and natural 
        resources.
    (c) Consultation.--In developing the strategy required under this 
section, the Secretary of State may consult with civil society and the 
private sector in the United States, El Salvador, Guatemala, and 
Honduras.
    (d) Benchmarks.--The strategy required under this section shall 
include annual benchmarks to track the strategy's progress in curbing 
irregular migration from the region to the United States and improving 
conditions in El Salvador, Guatemala, and Honduras by measuring 
progress in key areas, including--
        (1) reducing poverty and unemployment, increasing private 
    sector investment, responding to immediate humanitarian needs, 
    sustainably reintegrating returnees, supporting conservation and 
    community resilience, and addressing forced displacement in 
    accordance with the priorities outlined in subsection (b)(1);
        (2) strengthening national justice systems and attorneys 
    generals, supporting multilateral anticorruption mechanisms, 
    identifying and prosecuting money laundering and other financial 
    crimes, breaking up financial holdings of organized criminal 
    syndicates, and advancing judicial integrity and investigative 
    capacity of local authorities in accordance with the priorities 
    outlined in subsection (b)(2);
        (3) strengthening government institutions at the local and 
    national levels to provide services and respond to citizen needs 
    through transparent, inclusive, and democratic processes, promoting 
    human rights, building the capacity of independent media, 
    developing the capacity of civil society to conduct oversight, 
    affording legal protections for human rights defenders and members 
    of civil society, and strengthening electoral institutions in 
    accordance with priorities outlined in subsection (b)(3); and
        (4) implementing the objectives stated under the Central 
    America Regional Security Initiative and building the capacity of 
    civilian security services in accordance with the priorities 
    outlined in subsection (b)(4).
    (e) Public Diplomacy.--The strategy required under this section 
shall include a public diplomacy strategy for educating citizens of the 
region about United States assistance and its benefits to them, and 
informing such citizens of the dangers of irregular migration to the 
United States.
    (f) Annual Progress Updates.--Not later than 1 year after the 
submission of the strategy required under this section and annually 
thereafter for 4 years, the Secretary of State shall provide the 
appropriate congressional committees with a written description of 
progress made in meeting the benchmarks established in the strategy.
    (g) Public Availability.--The strategy required under this section 
shall be made publicly available on the website of the Department of 
State. If appropriate, a classified annex may be submitted to the 
appropriate congressional committees.
    (h) Definition.--In this section, the term ``appropriate 
congressional committees'' means--
        (1) the Committee on Foreign Relations and the Committee on 
    Appropriations of the Senate; and
        (2) the Committee on Foreign Affairs and the Committee on 
    Appropriations of the House of Representatives.
    SEC. 353. TARGETED SANCTIONS TO FIGHT CORRUPTION IN EL SALVADOR, 
      GUATEMALA, AND HONDURAS.
    (a) Sense of Congress.--It is the sense of Congress that--
        (1) corruption in El Salvador, Guatemala, and Honduras by 
    private citizens and select officials in local, regional, and 
    Federal governments significantly damages the economies of such 
    countries and deprives citizens of opportunities;
        (2) corruption in El Salvador, Guatemala, and Honduras is 
    facilitated and carried out not only by private citizens and select 
    officials from those countries but also in many instances by 
    individuals from third countries; and
        (3) imposing targeted sanctions on individuals from throughout 
    the world and particularly in the Western Hemisphere who are 
    engaged in acts of significant corruption that impact El Salvador, 
    Guatemala, and Honduras or obstruction of investigations into such 
    acts of corruption will benefit the citizens and governments of 
    such countries.
    (b) Report Required.--Not later than 180 days after the date of the 
enactment of this Act, and not less frequently than annually 
thereafter, the President shall submit to the appropriate congressional 
committees an unclassified report with classified annex if necessary 
that identifies each foreign person who the President determines to 
have knowingly engaged in actions that undermine democratic processes 
or institutions, or in significant corruption or obstruction of 
investigations into such acts of corruption in El Salvador, Guatemala, 
and Honduras, including the following:
        (1) Corruption related to government contracts.
        (2) Bribery and extortion.
        (3) The facilitation or transfer of the proceeds of corruption, 
    including through money laundering.
        (4) Acts of violence, harassment, or intimidation directed at 
    governmental and nongovernmental corruption investigators.
    (c) Imposition of Sanctions.--The President shall impose the 
sanctions described in subsection (d) with respect to each foreign 
person identified in the report required under subsection (b).
    (d) Sanctions Described.--
        (1) In general.--The sanctions described in this subsection are 
    the following:
            (A) Ineligibility for visas and admission to the united 
        states.--In the case of a foreign person who is an individual, 
        such foreign person is--
                (i) inadmissible to the United States;
                (ii) ineligible to receive a visa or other 
            documentation to enter the United States; and
                (iii) otherwise ineligible to be admitted or paroled 
            into the United States or to receive any other benefit 
            under the Immigration and Nationality Act (8 U.S.C. 1101 et 
            seq.).
            (B) Current visas revoked.--
                (i) In general.--The issuing consular officer or the 
            Secretary of State, (or a designee of the Secretary of 
            State) shall, in accordance with section 221(i) of the 
            Immigration and Nationality Act (8 U.S.C. 1201(i)), revoke 
            any visa or other entry documentation issued to a foreign 
            person regardless of when the visa or other entry 
            documentation is issued.
                (ii) Effect of revocation.--A revocation under clause 
            (i) shall--

                    (I) take effect immediately; and
                    (II) automatically cancel any other valid visa or 
                entry documentation that is in the foreign person's 
                possession.

        (2) Exception to comply with international obligations.--
    Sanctions under subparagraph (B) and (C) of paragraph (1) shall not 
    apply with respect to a foreign person if admitting or paroling 
    such person into the United States is necessary to permit the 
    United States to comply with the Agreement regarding the 
    Headquarters of the United Nations, signed at Lake Success June 26, 
    1947, and entered into force November 21, 1947, between the United 
    Nations and the United States, or other applicable international 
    obligations.
    (e) National Security Waiver.--The President may waive the 
application of the sanctions under subsection (c) if the President--
        (1) determines that such a waiver is in the national security 
    interest of the United States; and
        (2) submits to the appropriate congressional committees within 
    15 days after such determination a notice of and justification for 
    the waiver.
    (f) Termination.--The authority to impose sanctions under 
subsection (b), and any sanctions imposed pursuant to such authority, 
shall expire on the date that is 3 years after the date of the 
enactment of this Act.
    (g) Public Availability.--The unclassified portion of the report 
required by subsection (b) shall be made available to the public, 
including through publication in the Federal Register. In any case in 
which the President concludes that such publication would be harmful to 
the national security of the United States, only a statement that a 
determination or finding has been made by the President, including the 
name and section of the Act under which it was made, shall be 
published.
    (h) Definitions.--In this section, the term ``appropriate 
congressional committees'' means--
        (1) the Committee on Foreign Relations and the Committee on the 
    Judiciary of the Senate;
        (2) the Committee on Foreign Affairs and the Committee on the 
    Judiciary of the House of Representatives.

                      Subtitle G--Other Provisions

    SEC. 361. OFFICE OF SANCTIONS COORDINATION.
    (a) Office of Sanctions Coordination of the Department of State.--
        (1) In general.--Section 1 of the State Department Basic 
    Authorities Act of 1956 (22 U.S.C. 2651a) is amended by adding at 
    the end the following new subsection:
    ``(h) Office of Sanctions Coordination.--
        ``(1) In general.--There is established, within the Department 
    of State, an Office of Sanctions Coordination (in this subsection 
    referred to as the `Office').
        ``(2) Head.--The head of the Office shall--
            ``(A) have the rank and status of ambassador;
            ``(B) be appointed by the President, by and with the advice 
        and consent of the Senate; and
            ``(C) report directly to the Secretary of State.
        ``(3) Duties.--The head of the Office shall--
            ``(A) exercise sanctions authorities delegated to the 
        Secretary;
            ``(B) serve as the principal advisor to the senior 
        management of the Department and the Secretary regarding the 
        development and implementation of sanctions policy;
            ``(C) serve as the lead representative of the United States 
        in diplomatic engagement on sanctions matters;
            ``(D) consult and closely coordinate with allies and 
        partners of the United States, including the United Kingdom, 
        the European Union and member countries of the European Union, 
        Canada, Australia, New Zealand, Japan, and South Korea, to 
        ensure the maximum effectiveness of sanctions imposed by the 
        United States and such allies and partners;
            ``(E) serve as the coordinator for the development and 
        implementation of sanctions policy with respect to all 
        activities, policies, and programs of all bureaus and offices 
        of the Department relating to the development and 
        implementation of sanctions policy; and
            ``(F) serve as the lead representative of the Department in 
        interagency discussions with respect to the development and 
        implementation of sanctions policy.
        ``(4) Direct hire authority.--
            ``(A) In general.--The head of the Office may appoint, 
        without regard to the provisions of sections 3309 through 3318 
        of title 5, United States Code, candidates directly to 
        positions in the competitive service, as defined in section 
        2102 of that title, in the Office.
            ``(B) Termination.--The authority provided under 
        subparagraph (A) shall terminate on the date that is two years 
        after the date of the enactment of this subsection.''.
        (2) Conforming amendment.--Section 1(c)(3) of the State 
    Department Basic Authorities Act of 1956 (22 U.S.C. 2651a(c)(3)) is 
    amended by adding at the end the following new subparagraph:
            ``(C) Coordination.--The Assistant Secretary authorized 
        under subparagraph (A) shall coordinate with the Office of 
        Sanctions Coordination established under subsection (h) with 
        respect to the development and implementation of economic 
        sanctions.''.
        (3) Briefing required.--Not later than 60 days after the date 
    of the enactment of this Act and every 90 days thereafter until the 
    date that is two years after such date of enactment, the Secretary 
    of State shall brief the appropriate congressional committees on 
    the efforts of the Department of State to establish the Office of 
    Sanctions Coordination pursuant to subsection (h) of section 1 of 
    the State Department Basic Authorities Act of 1956, as added by 
    paragraph (1), including a description of--
            (A) measures taken to implement the requirements of such 
        subsection and to establish the Office;
            (B) actions taken by the Office to carry out the duties 
        listed in paragraph (3) of such subsection;
            (C) the resources devoted to the Office, including the 
        number of employees working in the Office; and
            (D) plans for the use of the direct hire authority provided 
        under paragraph (4) of such subsection.
    (b) Coordination With Allies and Partners of the United States.--
        (1) In general.--The Secretary of State shall develop and 
    implement mechanisms and programs, as appropriate, through the head 
    of the Office of Sanctions Coordination established pursuant to 
    subsection (h) of section 1 of the State Department Basic 
    Authorities Act of 1956, as added by subsection (a)(1), to 
    coordinate the development and implementation of United States 
    sanctions policies with allies and partners of the United States, 
    including the United Kingdom, the European Union and member 
    countries of the European Union, Canada, Australia, New Zealand, 
    Japan, and South Korea.
        (2) Information sharing.--The Secretary should pursue the 
    development and implementation of mechanisms and programs under 
    paragraph (1), as appropriate, that involve the sharing of 
    information with respect to policy development and sanctions 
    implementation.
        (3) Capacity building.--The Secretary should pursue efforts, in 
    coordination with the Secretary of the Treasury and the head of any 
    other Federal agency the Secretary considers appropriate, to assist 
    allies and partners of the United States, including the countries 
    specified in paragraph (1), as appropriate, in the development of 
    their legal and technical capacities to develop and implement 
    sanctions authorities.
        (4) Exchange programs.--In furtherance of the efforts described 
    in paragraph (3), the Secretary, in coordination with the Secretary 
    of the Treasury and the head of any other Federal agency the 
    Secretary considers appropriate, may enter into agreements with 
    counterpart agencies in foreign governments establishing exchange 
    programs for the temporary detail of Federal Government employees 
    to share information and expertise with respect to the development 
    and implementation of sanctions authorities.
        (5) Briefing required.--Not later than 90 days after the date 
    of the enactment of this Act and every 180 days thereafter until 
    the date that is five years after such date of enactment, the 
    Secretary of State shall brief the appropriate congressional 
    committees on the efforts of the Department of State to implement 
    this section, including a description of--
            (A) measures taken to implement paragraph (1);
            (B) actions taken pursuant to paragraphs (2) through (4);
            (C) the extent of coordination between the United States 
        and allies and partners of the United States, including the 
        countries specified in paragraph (1), with respect to the 
        development and implementation of sanctions policy; and
            (D) obstacles preventing closer coordination between the 
        United States and such allies and partners with respect to the 
        development and implementation of sanctions policy.
    (c) Sense of Congress.--It is the sense of the Congress that the 
President should appoint a coordinator for sanctions and national 
economic security issues within the framework of the National Security 
Council.
    (d) Appropriate Congressional Committees Defined.--In this section, 
the term ``appropriate congressional committees'' means--
        (1) the Committee on Foreign Relations, the Committee on 
    Banking, Housing, and Urban Affairs, the Committee on Homeland 
    Security and Governmental Affairs, and the Committee on Finance of 
    the Senate; and
        (2) the Committee on Foreign Affairs, the Committee on 
    Financial Services, the Committee on Oversight and Reform, and the 
    Committee on Way and Means of the House of Representatives.

            TITLE IV--SENATE SERGEANT AT ARMS CLOUD SERVICES

    SEC. 401. SENATE SERGEANT AT ARMS CLOUD SERVICES.
    (a) Section 10 of the Legislative Branch Appropriations Act, 2005 
(2 U.S.C. 6628) is amended--
        (1) by redesignating subsection (b) as subsection (h); and
        (2) by striking subsection (a) and inserting the following:
    ``(a) In General.--In this section--
        ``(1) the term `agent of the Office of the SAA' includes a 
    provider of electronic communication service or remote computing 
    service commissioned or used through the Office of the SAA by a 
    Senate office to provide such services to the Senate office;
        ``(2) the term `electronic communication service' has the 
    meaning given that term in section 2510 of title 18, United States 
    Code;
        ``(3) the term `Office of the SAA' means the Office of the 
    Sergeant at Arms and Doorkeeper of the Senate;
        ``(4) the term `provider for a Senate office' means a provider 
    of electronic communication service or remote computing service 
    directly commissioned or used by a Senate office to provide such 
    services;
        ``(5) the term `remote computing service' has the meaning given 
    that term in section 2711 of title 18, United States Code;
        ``(6) the term `Senate data', with respect to a Senate office, 
    means any electronic mail or other electronic or data 
    communication, other data (including metadata), or other 
    information of the Senate office; and
        ``(7) the term `Senate office' means a committee or office of 
    the Senate, including a Senator, an officer of the Senate, or an 
    employee of, intern at, or other agent of a committee or office of 
    the Senate.
    ``(b) Treatment.--
        ``(1) Retaining possession.--
            ``(A) In general.--A Senate office shall be deemed to 
        retain possession of any Senate data of the Senate office, 
        without regard to the use by the Senate office of any 
        individual or entity described in paragraph (2) for the 
        purposes of any function or service described in paragraph (2).
            ``(B) Rule of construction.--Subparagraph (A) shall not be 
        construed to limit the use by an intended recipient of any 
        Senate data from a Senate office.
        ``(2) Sergeant at arms and providers for a senate office.--The 
    Office of the SAA, any officer, employee, or agent of the Office of 
    the SAA, and any provider for a Senate office shall not be treated 
    as acquiring possession, custody, or control of any Senate data by 
    reason of its being transmitted, processed, or stored (whether 
    temporarily or otherwise) through the use of an electronic system 
    established, maintained, or operated, or the use of electronic 
    services provided, in whole or in part by the Office of the SAA, 
    the officer, employee, or agent of the Office of the SAA, or the 
    provider for the Senate office.
    ``(c) Notification.--Notwithstanding any other provision of law or 
rule of civil or criminal procedure, the Office of the SAA, any 
officer, employee, or agent of the Office of the SAA, and any provider 
for a Senate office that is providing services to or used by a Senate 
office shall not be barred, through operation of any court order or any 
statutory provision, from notifying the Senate office of any legal 
process seeking disclosure of Senate data of the Senate office that is 
transmitted, processed, or stored (whether temporarily or otherwise) 
through the use of an electronic system established, maintained, or 
operated, or the use of electronic services provided, in whole or in 
part by the Office of the SAA, the officer, employee, or agent of the 
Office of the SAA, or the provider for a Senate office.
    ``(d) Motions to Quash or Modify.--Upon a motion made promptly by a 
Senate office or provider for a Senate office, a court of competent 
jurisdiction shall quash or modify any legal process directed to the 
provider for a Senate office if compliance with the legal process would 
require the disclosure of Senate data of the Senate office.
    ``(e) Information Regarding Implications of Using Providers.--The 
Office of the SAA, in consultation with the Senate Legal Counsel, shall 
provide information to each Senate office that commissions or uses a 
provider of electronic communication service or remote computing 
service to provide such services to the Senate office regarding the 
potential constitutional implications and the potential impact on 
privileges that may be asserted by the Senate office.
    ``(f) Applicable Privileges.--Nothing in this section shall be 
construed to limit or supersede any applicable privilege, immunity, or 
other objection that may apply to the disclosure of Senate data.
    ``(g) Preemption.--Except as provided in this section, any 
provision of law or rule of civil or criminal procedure of any State, 
political subdivision, or agency thereof, which is inconsistent with 
this section shall be deemed to be preempted and superseded.''.
    (b)(1) In this subsection, the terms ``Senate data'' and ``Senate 
office'' have the meanings given such terms in section 10 of the 
Legislative Branch Appropriations Act, 2005, as amended by subsection 
(a) of this section.
    (2) The amendments made by this section shall--
        (A) take effect as though included in the Legislative Branch 
    Appropriations Act, 2005 (division G of Public Law 108-447; 118 
    Stat. 3166); and
        (B) apply with respect to--
            (i) any legal process seeking disclosure of Senate data of 
        a Senate office that is filed, issued, or made on or after the 
        date of enactment of this Act; and
            (ii) any matter that is pending on or after the date of 
        enactment of this Act that relates to legal process described 
        in clause (i) that is filed, issued, or made before the date of 
        enactment of this Act, unless the Senate data of the Senate 
        office was disclosed in accordance with such legal process 
        before the date of enactment of this Act.

TITLE V--REPEAL OF REQUIREMENT TO SELL CERTAIN FEDERAL PROPERTY IN PLUM 
                            ISLAND, NEW YORK

    SEC. 501. REPEAL OF REQUIREMENT TO SELL CERTAIN FEDERAL PROPERTY IN 
      PLUM ISLAND, NEW YORK.
    (a) Repeal of Requirement in Public Law 110-329.--Section 540 of 
the Department of Homeland Security Appropriations Act, 2009 (division 
D of Public Law 110-329; 122 Stat. 3688) is repealed.
    (b) Repeal of Requirement in Public Law 112-74.--Section 538 of the 
Department of Homeland Security Appropriations Act, 2012 (6 U.S.C. 190 
note; division D of Public Law 112-74) is repealed.
    (c) Requirement.--The Administrator of General Services shall 
ensure that--
        (1) Federal property commonly known as Plum Island, New York, 
    including the Orient point facility, all real and personal property 
    and transportation assets that support Plum Island operations and 
    access to Plum Island, be disposed of as a single consolidated 
    asset; and
        (2) such disposal is subject to conditions as may be necessary 
    to protect Government interests and meet program requirements.

     TITLE VI--PREVENTING ONLINE SALES OF E-CIGARETTES TO CHILDREN

    SEC. 601. SHORT TITLE.
    This title may be cited as the ``Preventing Online Sales of E-
Cigarettes to Children Act''.
    SEC. 602. AMENDMENTS TO THE JENKINS ACT.
    (a) In General.--The Act entitled ``An Act to assist States in 
collecting sales and use taxes on cigarettes'', approved October 19, 
1949 (commonly known as the ``Jenkins Act'') (15 U.S.C. 375 et seq.), 
is amended--
        (1) in section 1 (15 U.S.C. 375)--
            (A) in paragraph (2)(A)(ii)--
                (i) by striking ``includes roll-your-own tobacco'' and 
            inserting the following: ``includes--

                    ``(I) roll-your-own tobacco'';

                (ii) in subclause (I), as so designated, by striking 
            the period at the end and inserting ``; and''; and
                (iii) by adding at the end the following:

                    ``(II) an electronic nicotine delivery system.'';

            (B) by redesignating paragraphs (7) through (14) as 
        paragraphs (8) through (15), respectively; and
            (C) by inserting after paragraph (6) the following:
        ``(7) Electronic nicotine delivery system.--The term 
    `electronic nicotine delivery system'-- 
            ``(A) means any electronic device that, through an 
        aerosolized solution, delivers nicotine, flavor, or any other 
        substance to the user inhaling from the device;
            ``(B) includes--
                ``(i) an e-cigarette;
                ``(ii) an e-hookah;
                ``(iii) an e-cigar;
                ``(iv) a vape pen;
                ``(v) an advanced refillable personal vaporizer;
                ``(vi) an electronic pipe; and
                ``(vii) any component, liquid, part, or accessory of a 
            device described in subparagraph (A), without regard to 
            whether the component, liquid, part, or accessory is sold 
            separately from the device; and
            ``(C) does not include a product that is--
                ``(i) approved by the Food and Drug Administration 
            for--

                    ``(I) sale as a tobacco cessation product; or
                    ``(II) any other therapeutic purpose; and

                ``(ii) marketed and sold solely for a purpose described 
            in clause (i).''; and
        (2) in section 2A(b)(1) (15 U.S.C. 376a(b)(1)), by inserting 
    ``NICOTINE/'' after
    ``CIGARETTES/''.
    (b) Effective Date.--This section, and the amendments made by this 
section, shall take effect on the date that is 90 days after the date 
of enactment of this Act.
    (c) Rule of Construction.--Nothing in this section, or an amendment 
made by this section, may be construed to affect or otherwise alter any 
provision of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 301 et 
seq.), including its implementing regulations.
    SEC. 603. NONMAILABILITY OF ELECTRONIC NICOTINE DELIVERY SYSTEMS.
    (a) Regulations.--Not later than 120 days after the date of 
enactment of this Act, the United States Postal Service shall 
promulgate regulations to clarify the applicability of the prohibition 
on mailing of cigarettes under section 1716E of title 18, United States 
Code, to electronic nicotine delivery systems, in accordance with the 
amendment to the definition of ``cigarette'' made by section 602.
    (b) Effective Date.--The prohibition on mailing of cigarettes under 
section 1716E of title 18, United States Code, shall apply to 
electronic nicotine delivery systems on and after the date on which the 
United States Postal Service promulgates regulations under subsection 
(a) of this section.

                    TITLE VII--FAFSA SIMPLIFICATION

    SEC. 701. SHORT TITLE; EFFECTIVE DATE.
    (a) Short Title.--This title may be cited as the ``FAFSA 
Simplification Act''.
    (b) General Effective Date.--Except as otherwise expressly 
provided, this Act, and the amendments made by this title to the Higher 
Education Act of 1965 (20 U.S.C. 1001 et seq.), shall take effect on 
July 1, 2023, and shall apply with respect to award year 2023-2024 and 
each subsequent award year, as determined under the Higher Education 
Act of 1965. The Secretary of Education shall have the authority to 
take such steps as are necessary before July 1, 2023, to provide for 
the orderly implementation on such date of the amendments to the Higher 
Education Act of 1965 made by this Act.
    SEC. 702. MAKING IT EASIER TO APPLY FOR FEDERAL AID AND MAKING THAT 
      AID PREDICTABLE.
    (a) Need Analysis.--
        (1) In general.--Section 471 of the Higher Education Act of 
    1965 (20 U.S.C. 1087kk) is amended to read as follows:
    ``SEC. 471. AMOUNT OF NEED.
    ``Except as otherwise provided therein, for award year 2023-2024 
and each subsequent award year, the amount of need of any student for 
financial assistance under this title (except subpart 1 or 2 of part A) 
is equal to--
        ``(1) the cost of attendance of such student, minus
        ``(2) the student aid index (as defined in section 473) for 
    such student, minus
        ``(3) other financial assistance not received under this title 
    (as defined in section 480(i)).''.
        (2) Maximum aid under part d.--Section 451 of the Higher 
    Education Act of 1965 (20 U.S.C. 1087a) is amended by adding at the 
    end the following:
    ``(c) Maximum Aid.--The maximum dollar amount of financial 
assistance provided under this part to a student shall not exceed the 
cost of attendance for such student.''.
        (3) Guidance to states.--The Secretary of Education shall issue 
    guidance for States on interpretation and implementation of the 
    terminology and formula adjustments made to the Higher Education 
    Act of 1965 (20 U.S.C. 1001 et seq.) under the amendments by this 
    Act, including the student aid index, formerly known as the 
    expected family contribution, and the need analysis formulas.
    (b) Cost of Attendance and Student Aid Index.--Sections 472 and 473 
of the Higher Education Act of 1965 (20 U.S.C. 1087ll and 1087mm) are 
amended to read as follows:
    ``SEC. 472. COST OF ATTENDANCE.
    ``(a) In General.--For the purpose of this title, the term `cost of 
attendance' means--
        ``(1) tuition and fees normally assessed a student carrying the 
    same academic workload as determined by the institution;
        ``(2) an allowance for books, course materials, supplies, and 
    equipment, which shall include all such costs required of all such 
    students in the same course of study, including a reasonable 
    allowance for the documented rental or upfront purchase of a 
    personal computer, as determined by the institution;
        ``(3) an allowance for transportation, which may include 
    transportation between campus, residences, and place of work, as 
    determined by the institution;
        ``(4) an allowance for miscellaneous personal expenses, for a 
    student attending the institution on at least a half-time basis, as 
    determined by the institution;
        ``(5) an allowance for living expenses, including food and 
    housing costs, to be incurred by the student attending the 
    institution on at least a half-time basis, as determined by the 
    institution, which shall include--
            ``(A) for a student electing institutionally owned or 
        operated food services, such as board or meal plans, a standard 
        allowance for such services that provides the equivalent of 
        three meals each day;
            ``(B) for a student not electing institutionally owned or 
        operated food services, such as board or meal plans, a standard 
        allowance for purchasing food off campus that provides the 
        equivalent of three meals each day;
            ``(C) for a student without dependents residing in 
        institutionally owned or operated housing, a standard allowance 
        determined by the institution based on the average or median 
        amount assessed to such residents for housing charges, 
        whichever is greater;
            ``(D) for a student with dependents residing in 
        institutionally owned or operated housing, a standard allowance 
        determined by the institution based on the average or median 
        amount assessed to such residents for housing charges, 
        whichever is greater;
            ``(E) for a student living off campus, and not in 
        institutionally owned or operated housing, a standard allowance 
        for rent or other housing costs;
            ``(F) for a dependent student residing at home with 
        parents, a standard allowance that shall not be zero determined 
        by the institution;
            ``(G) for a student living in housing located on a military 
        base or for which a basic allowance is provided under section 
        403(b) of title 37, United States Code, a standard allowance 
        for food based upon such student's choice of purchasing food 
        on-campus or off-campus (determined respectively in accordance 
        with subparagraph (A) or (B)), but not for housing costs; and
            ``(H) for all other students, an allowance based on the 
        expenses reasonably incurred by such students for housing and 
        food;
        ``(6) for a student engaged in a program of study by 
    correspondence, only tuition and fees and, if required, books and 
    supplies, travel, and housing and food costs incurred specifically 
    in fulfilling a required period of residential training;
        ``(7) for a confined or incarcerated student, only tuition, 
    fees, books, course materials, supplies, equipment, and the cost of 
    obtaining a license, certification, or a first professional 
    credential in accordance with paragraph (14);
        ``(8) for a student enrolled in an academic program in a 
    program of study abroad approved for credit by the student's home 
    institution, reasonable costs associated with such study (as 
    determined by the institution at which such student is enrolled);
        ``(9) for a student with one or more dependents, an allowance 
    based on the estimated actual expenses incurred for such dependent 
    care, based on the number and age of such dependents, except that--
            ``(A) such allowance shall not exceed the reasonable cost 
        in the community in which such student resides for the kind of 
        care provided; and
            ``(B) the period for which dependent care is required 
        includes, but is not limited to, class-time, study-time, field 
        work, internships, and commuting time;
        ``(10) for a student with a disability, an allowance (as 
    determined by the institution) for those expenses related to the 
    student's disability, including special services, personal 
    assistance, transportation, equipment, and supplies that are 
    reasonably incurred and not provided for by other assisting 
    agencies;
        ``(11) for a student receiving all or part of the student's 
    instruction by means of telecommunications technology, no 
    distinction shall be made with respect to the mode of instruction 
    in determining costs;
        ``(12) for a student engaged in a work experience under a 
    cooperative education program, an allowance for reasonable costs 
    associated with such employment (as determined by the institution);
        ``(13) for a student who receives a Federal student loan made 
    under this title or any other Federal law, to cover a student's 
    cost of attendance at the institution, an allowance for the actual 
    cost of any loan fee, origination fee, or insurance premium charged 
    to such student or the parent of such student on such loan; and
        ``(14) for a student in a program requiring professional 
    licensure, certification, or a first professional credential, the 
    cost of obtaining the license, certification, or a first 
    professional credential.
    ``(b) Special Rule for Living Expenses for Less-than-half-time 
Students.--For students attending an institution of higher education 
less than half-time, an institution of higher education may include an 
allowance for living expenses, including food and housing costs in 
accordance with subsection (a)(4) for up to three semesters, or the 
equivalent, with no more than two semesters being consecutive.
    ``(c) Disclosure of Cost of Attendance Elements.--Each institution 
shall make publicly available on the institution's website a list of 
all the elements of cost of attendance described in paragraphs (1) 
through (14) of subsection (a), and shall disclose such elements on any 
portion of the website describing tuition and fees of the institution.
    ``SEC. 473. SPECIAL RULES FOR STUDENT AID INDEX.
    ``(a) In General.--For the purpose of this Act, the term `student 
aid index' means, with respect to a student, an index that reflects an 
evaluation of a student's approximate financial resources to contribute 
toward the student's postsecondary education for the academic year, as 
determined in accordance with this part.
    ``(b) Special Rule for Students Eligible for the Total Maximum Pell 
Grant.--The Secretary shall consider an applicant to automatically have 
a student aid index equal to zero if the applicant is eligible for the 
total maximum Federal Pell Grant under section 401(b)(1)(A), except 
that, if the applicant has a calculated student aid index of less than 
zero the Secretary shall consider the negative number as the student 
aid index for the applicant.
    ``(c) Special Rule for Nonfilers.--Notwithstanding subsection (b), 
for an applicant (or, as applicable, an applicant and spouse, or an 
applicant's parents) who is not required to file a Federal tax return 
for the second preceding tax year, the Secretary shall for the purposes 
of this title consider the student aid index as equal to - $1,500 for 
the applicant.''.
    (c) Determination of Student Aid Index.--Section 474 of the Higher 
Education Act of 1965 (20 U.S.C. 1087nn) is amended to read as follows:
    ``SEC. 474. DETERMINATION OF STUDENT AID INDEX.
    ``The student aid index--
        ``(1) for a dependent student shall be determined in accordance 
    with section 475;
        ``(2) for a single independent student or a married independent 
    student without dependents (other than a spouse) shall be 
    determined in accordance with section 476; and
        ``(3) for an independent student with dependents other than a 
    spouse shall be determined in accordance with section 477.''.
    (d) Student Aid Index for Dependent Students.--Section 475 of the 
Higher Education Act of 1965 (20 U.S.C. 1087oo) is amended to read as 
follows:
    ``SEC. 475. STUDENT AID INDEX FOR DEPENDENT STUDENTS.
    ``(a) Computation of Student Aid Index.--
        ``(1) In general.--Except as provided in paragraph (2), for 
    each dependent student, the student aid index is equal to the sum 
    of--
            ``(A) the assessment of the parents' adjusted available 
        income (determined in accordance with subsection (b));
            ``(B) the assessment of the student's available income 
        (determined in accordance with subsection (g)); and
            ``(C) the student's available assets (determined in 
        accordance with subsection (h)).
        ``(2) Exception.--If the sum determined under paragraph (1) 
    with respect to a dependent student is less than - $1,500, the 
    student aid index for the dependent student shall be - $1,500.
    ``(b) Assessment of Parents' Adjusted Available Income.--The 
assessment of parents' adjusted available income is equal to the amount 
determined by--
        ``(1) computing adjusted available income by adding--
            ``(A) the parents' available income (determined in 
        accordance with subsection (c)); and
            ``(B) the parents' available assets (determined in 
        accordance with subsection (d));
        ``(2) assessing such adjusted available income in accordance 
    with the assessment schedule set forth in subsection (e); and
        ``(3) considering such assessment resulting under paragraph (2) 
    as the amount determined under this subsection.
    ``(c) Parents' Available Income.--
        ``(1) In general.--The parents' available income is determined 
    by subtracting from total income (as defined in section 480)--
            ``(A) Federal income taxes;
            ``(B) an allowance for payroll taxes, determined in 
        accordance with paragraph (2);
            ``(C) an income protection allowance, determined in 
        accordance with paragraph (3); and
            ``(D) an employment expense allowance, determined in 
        accordance with paragraph (4).
        ``(2) Allowance for payroll taxes.--The allowance for payroll 
    taxes is equal to the sum of--
            ``(A) the total amount earned by the parents, multiplied by 
        the rate of tax under section 3101(b) of the Internal Revenue 
        Code of 1986; and
            ``(B) the amount earned by the parents that does not exceed 
        such contribution and benefit base (twice such contribution and 
        benefit base, in the case of a joint return) for the year of 
        the earnings, multiplied by the rate of tax applicable to such 
        earnings under section 3101(a) of the Internal Revenue Code of 
        1986.
        ``(3) Income protection allowance.--The income protection 
    allowance shall equal the amount determined in the following table, 
    as adjusted by the Secretary pursuant to section 478(b):

     ``Income Protection Allowance (to be adjusted for 2023-2024 and
                            succeeding years)
------------------------------------------------------------------------
              Family Size (including student)                   Amount
------------------------------------------------------------------------
2..........................................................      $23,330
3..........................................................      $29,040
4..........................................................      $35,870
5..........................................................      $42,320
6..........................................................      $49,500
For each additional add....................................      $5,590.
------------------------------------------------------------------------


        ``(4) Employment expense allowance.--The employment expense 
    allowance is equal to the lesser of $4,000 or 35 percent of the 
    single parent's earned income or married parents' combined earned 
    income (as adjusted by the Secretary pursuant to section 478(g)).
    ``(d) Parents' Available Assets.--
        ``(1) In general.--
            ``(A) Determination.--Except as provided in subparagraph 
        (B), the parents' available assets are equal to--
                ``(i) the difference between the parents' assets and 
            the asset protection allowance (determined in accordance 
            with paragraph (2)); multiplied by
                ``(ii) 12 percent.
            ``(B) Not less than zero.--The parents' available assets 
        under this subsection shall not be less than zero.
        ``(2) Asset protection allowance.--The asset protection 
    allowance is calculated based on the following table (as revised by 
    the Secretary pursuant to section 478(d)):

                         ``Asset Protection Allowances for Parents of Dependent Students
----------------------------------------------------------------------------------------------------------------
                                                                                  And there are
                                                               -------------------------------------------------
                                                                      two parents               one parent
             If the age of the oldest parent is--              -------------------------------------------------
                                                                then the allowance is--
 
----------------------------------------------------------------------------------------------------------------
25 or less....................................................                       $0                       $0
26............................................................                     $400                     $100
27............................................................                     $700                     $300
28............................................................                   $1,100                     $400
29............................................................                   $1,500                     $600
30............................................................                   $1,800                     $700
31............................................................                   $2,200                     $800
32............................................................                   $2,600                   $1,000
33............................................................                   $2,900                   $1,100
34............................................................                   $3,300                   $1,300
35............................................................                   $3,700                   $1,400
36............................................................                   $4,000                   $1,500
37............................................................                   $4,400                   $1,700
38............................................................                   $4,800                   $1,800
39............................................................                   $5,100                   $2,000
40............................................................                   $5,500                   $2,100
41............................................................                   $5,600                   $2,200
42............................................................                   $5,700                   $2,200
43............................................................                   $5,900                   $2,300
44............................................................                   $6,000                   $2,300
45............................................................                   $6,200                   $2,400
46............................................................                   $6,300                   $2,400
47............................................................                   $6,500                   $2,500
48............................................................                   $6,600                   $2,500
49............................................................                   $6,800                   $2,600
50............................................................                   $7,000                   $2,700
51............................................................                   $7,100                   $2,700
52............................................................                   $7,300                   $2,800
53............................................................                   $7,500                   $2,900
54............................................................                   $7,700                   $2,900
55............................................................                   $7,900                   $3,000
56............................................................                   $8,100                   $3,100
57............................................................                   $8,400                   $3,100
58............................................................                   $8,600                   $3,200
59............................................................                   $8,800                   $3,300
60............................................................                   $9,100                   $3,400
61............................................................                   $9,300                   $3,500
62............................................................                   $9,600                   $3,600
63............................................................                   $9,900                   $3,700
64............................................................                  $10,200                   $3,800
65 or more....................................................                  $10,500                  $3,900.
----------------------------------------------------------------------------------------------------------------


    ``(e) Assessment Schedule.--The assessment of the parents' adjusted 
available income (as determined under subsection (b)(1) and hereafter 
in this subsection referred to as `AAI') is calculated based on the 
following table (as revised by the Secretary pursuant to section 
478(e)):

                    ``Parents' Contribution From AAI
------------------------------------------------------------------------
                                          Then the parents' contribution
        If the parents' AAI is--                  from AAI is--
------------------------------------------------------------------------
Less than - $6,820.....................  - $1,500
- $6,820 to $17,400....................  22% of AAI
 $17,401 to $21,800....................   $3,828 + 25% of AAI over
                                          $17,400
 $21,801 to $26,200....................   $4,928 + 29% of AAI over
                                          $21,800
 $26,201 to $30,700....................   $6,204 + 34% of AAI over
                                          $26,200
 $30,701 to $35,100....................   $7,734 + 40% of AAI over
                                          $30,700
 $35,101 or more.......................   $9,494 + 47% of AAI over
                                          $35,100.
------------------------------------------------------------------------


    ``(f) Consideration of Parental Income.--
        ``(1) Parents who live together.--Parental income and assets in 
    the case of student whose parents are married and not separated, or 
    who are unmarried but live together, shall include the income and 
    assets of both parents.
        ``(2) Divorced or separated parents.--Parental income and 
    assets for a student whose parents are divorced or separated, but 
    not remarried, is determined by including only the income and 
    assets of the parent who provides the greater portion of the 
    student's financial support.
        ``(3) Death of a parent.--Parental income and assets in the 
    case of the death of any parent is determined as follows:
            ``(A) If either of the parents has died, the surviving 
        parent shall be considered a single parent, until that parent 
        has remarried.
            ``(B) If both parents have died, the student shall not 
        report any parental income or assets.
        ``(4) Remarried parents.--If a parent whose income and assets 
    are taken into account under paragraph (2), or if a parent who is a 
    widow or widower and whose income is taken into account under 
    paragraph (3), has remarried, the income of that parent's spouse 
    shall be included in determining the parent's assessment of 
    adjusted available income if the student's parent and the 
    stepparent are married as of the date of application for the award 
    year concerned.
        ``(5) Single parent who is not divorced or separated.--Parental 
    income and assets in the case of a student whose parent is not 
    described in paragraph (1) and is a single parent who is not 
    divorced, separated, or remarried, shall include the income and 
    assets of such single parent.
    ``(g) Student's Available Income.--
        ``(1) In general.--The student's available income is equal to--
            ``(A) the difference between the student's total income 
        (determined in accordance with section 480) and the adjustment 
        to student income (determined in accordance with paragraph 
        (2)); multiplied by
            ``(B) 50 percent.
        ``(2) Adjustment to student income.--The adjustment to student 
    income is equal to the sum of--
            ``(A) Federal income taxes;
            ``(B) an allowance for payroll taxes determined in 
        accordance with paragraph (3);
            ``(C) an income protection allowance that is equal to 
        $9,410, as adjusted pursuant to section 478(b); and
            ``(D) an allowance for parents' negative available income, 
        determined in accordance with paragraph (4).
        ``(3) Allowance for payroll taxes.--The allowance for payroll 
    taxes is equal to the sum of--
            ``(A) the total amount earned by the student, multiplied by 
        the rate of tax under section 3101(b) of the Internal Revenue 
        Code of 1986; and
            ``(B) the amount earned by the student that does not exceed 
        such contribution and benefit base for the year of the 
        earnings, multiplied by the rate of tax applicable to such 
        earnings under section 3101(a) of the Internal Revenue Code of 
        1986.
        ``(4) Allowance for parents' negative available income.--The 
    allowance for parents' negative available income is the amount, if 
    any, by which the sum of the amounts deducted under subsection 
    (c)(1) exceeds the sum of the parents' total income (as defined in 
    section 480) and the parents' available assets (as determined in 
    accordance with subsection (d)).
    ``(h) Student's Assets.--The student's assets are determined by 
calculating the assets of the student and multiplying such amount by 20 
percent, except that the result shall not be less than zero.''.
    (e) Student Aid Index for Independent Students Without Dependents 
Other Than a Spouse.--Section 476 of the Higher Education Act of 1965 
(20 U.S.C. 1087pp) is amended to read as follows:
    ``SEC. 476. STUDENT AID INDEX FOR INDEPENDENT STUDENTS WITHOUT 
      DEPENDENTS OTHER THAN A SPOUSE.
    ``(a) Computation of Student Aid Index.--
        ``(1) In general.--For each independent student without 
    dependents other than a spouse, the student aid index is equal to 
    (except as provided in paragraph (2)) the sum of--
            ``(A) the family's available income (determined in 
        accordance with subsection (b)); and
            ``(B) the family's available assets (determined in 
        accordance with subsection (c)).
        ``(2) Exception.--If the sum determined under paragraph (1) 
    with respect to an independent student without dependents other 
    than a spouse is less than - $1,500, the student aid index for the 
    independent student shall be - $1,500.
    ``(b) Family's Available Income.--
        ``(1) In general.--The family's available income is determined 
    by--
            ``(A) deducting from total income (as defined in section 
        480)--
                ``(i) Federal income taxes;
                ``(ii) an allowance for payroll taxes, determined in 
            accordance with paragraph (2);
                ``(iii) an income protection allowance that is equal 
            to--

                    ``(I) in the case of a single independent student 
                without dependents, $14,630, as adjusted pursuant to 
                section 478(b); and
                    ``(II) in the case of a married independent student 
                without dependents, $23,460, as adjusted pursuant to 
                section 478(b); and

                ``(iv) in the case of a married independent student, an 
            employment expense allowance, as determined in accordance 
            with paragraph (3); and
            ``(B) multiplying the amount determined under subparagraph 
        (A) by 50 percent.
        ``(2) Allowance for payroll taxes.--The allowance for payroll 
    taxes is equal to the sum of--
            ``(A) the total amount earned by the student (and spouse, 
        if appropriate), multiplied by the rate of tax under section 
        3101(b) of the Internal Revenue Code of 1986; and
            ``(B) the amount earned by the student (and spouse, if 
        appropriate) that does not exceed such contribution and benefit 
        base (twice such contribution and benefit base, in the case of 
        a joint return) for the year of the earnings, multiplied by the 
        rate of tax applicable to such earnings under section 3101(a) 
        of the Internal Revenue Code of 1986.
        ``(3) Employment expense allowance.--The employment expense 
    allowance is equal to the following:
            ``(A) If the student is married, such allowance is equal to 
        the lesser of $4,000 or 35 percent of the couple's combined 
        earned income (as adjusted by the Secretary pursuant to section 
        478(g)).
            ``(B) If the student is not married, the employment expense 
        allowance is zero.
    ``(c) Family's Available Assets.--
        ``(1) In general.--
            ``(A) Determination.--Except as provided in subparagraph 
        (B), the family's available assets are equal to--
                ``(i) the difference between the family's assets (as 
            defined in section 480(f)) and the asset protection 
            allowance (determined in accordance with paragraph (2)); 
            multiplied by
                ``(ii) 20 percent.
            ``(B) Not less than zero.--The family's available assets 
        under this subsection shall not be less than zero.
        ``(2) Asset protection allowance.--The asset protection 
    allowance is calculated based on the following table (as revised by 
    the Secretary pursuant to section 478(d)):

                             ``Asset Protection Allowances for Families and Students
----------------------------------------------------------------------------------------------------------------
                                                                               And the student is
                                                               -------------------------------------------------
                                                                        married                   single
                 If the age of the student is--                -------------------------------------------------
                                                                then the allowance is--
 
----------------------------------------------------------------------------------------------------------------
25 or less....................................................                       $0                       $0
26............................................................                     $400                     $100
27............................................................                     $700                     $300
28............................................................                   $1,100                     $400
29............................................................                   $1,500                     $600
30............................................................                   $1,800                     $700
31............................................................                   $2,200                     $800
32............................................................                   $2,600                   $1,000
33............................................................                   $2,900                   $1,100
34............................................................                   $3,300                   $1,300
35............................................................                   $3,700                   $1,400
36............................................................                   $4,000                   $1,500
37............................................................                   $4,400                   $1,700
38............................................................                   $4,800                   $1,800
39............................................................                   $5,100                   $2,000
40............................................................                   $5,500                   $2,100
41............................................................                   $5,600                   $2,200
42............................................................                   $5,700                   $2,200
43............................................................                   $5,900                   $2,300
44............................................................                   $6,000                   $2,300
45............................................................                   $6,200                   $2,400
46............................................................                   $6,300                   $2,400
47............................................................                   $6,500                   $2,500
48............................................................                   $6,600                   $2,500
49............................................................                   $6,800                   $2,600
50............................................................                   $7,000                   $2,700
51............................................................                   $7,100                   $2,700
52............................................................                   $7,300                   $2,800
53............................................................                   $7,500                   $2,900
54............................................................                   $7,700                   $2,900
55............................................................                   $7,900                   $3,000
56............................................................                   $8,100                   $3,100
57............................................................                   $8,400                   $3,100
58............................................................                   $8,600                   $3,200
59............................................................                   $8,800                   $3,300
60............................................................                   $9,100                   $3,400
61............................................................                   $9,300                   $3,500
62............................................................                   $9,600                   $3,600
63............................................................                   $9,900                   $3,700
64............................................................                  $10,200                   $3,800
65 or more....................................................                  $10,500                  $3,900.
----------------------------------------------------------------------------------------------------------------


    ``(d) Computations in Case of Separation, Divorce, or Death.--In 
the case of a student who is divorced or separated, or whose spouse has 
died, the spouse's income and assets shall not be considered in 
determining the family's available income or assets.''.
    (f) Student Aid Index for Independent Students With Dependents 
Other Than a Spouse.--Section 477 of the Higher Education Act of 1965 
(20 U.S.C. 1087qq) is amended to read as follows:
    ``SEC. 477. STUDENT AID INDEX FOR INDEPENDENT STUDENTS WITH 
      DEPENDENTS OTHER THAN A SPOUSE.
    ``(a) Computation of Student Aid Index.--
        ``(1) In general.--For each independent student with dependents 
    other than a spouse, the student aid index is equal to the amount 
    determined by--
            ``(A) computing adjusted available income by adding--
                ``(i) the family's available income (determined in 
            accordance with subsection (b)); and
                ``(ii) the family's available assets (determined in 
            accordance with subsection (c));
            ``(B) assessing such adjusted available income in 
        accordance with an assessment schedule set forth in subsection 
        (d); and
            ``(C) considering such assessment resulting under 
        subparagraph (B) as the amount determined under this 
        subsection.
        ``(2) Exception.--If the sum determined under paragraph (1) 
    with respect to an independent student with dependents other than a 
    spouse is less than - $1,500, the student aid index for the 
    independent student shall be - $1,500.
    ``(b) Family's Available Income.--
        ``(1) In general.--The family's available income is determined 
    by deducting from total income (as defined in section 480)--
            ``(A) Federal income taxes;
            ``(B) an allowance for payroll taxes, determined in 
        accordance with paragraph (2);
            ``(C) an income protection allowance, determined in 
        accordance with paragraph (3); and
            ``(D) an employment expense allowance, determined in 
        accordance with paragraph (4).
        ``(2) Allowance for payroll taxes.--The allowance for payroll 
    taxes is equal to the sum of--
            ``(A) the total amount earned by the student (and spouse, 
        if appropriate), multiplied by the rate of tax under section 
        3101(b) of the Internal Revenue Code of 1986; and
            ``(B) the amount earned by the student (and spouse, if 
        appropriate) that does not exceed such contribution and benefit 
        base (twice such contribution and benefit base, in the case of 
        a joint return) for the year of the earnings, multiplied by the 
        rate of tax applicable to such earnings under section 3101(a) 
        of the Internal Revenue Code of 1986.
        ``(3) Income protection allowance.--The income protection 
    allowance shall equal the amount determined in the following table, 
    as adjusted by the Secretary pursuant to section 478(b):
            ``(A) In the case of a married independent student with 
        dependents:

     ``Income Protection Allowance (to be adjusted for 2023-2024 and
                            succeeding years)
------------------------------------------------------------------------
              Family Size (including student)                   Amount
------------------------------------------------------------------------
3..........................................................      $46,140
4..........................................................      $56,970
5..........................................................      $67,230
6..........................................................      $78,620
For each additional add....................................      $8,880.
------------------------------------------------------------------------


            ``(B) In the case of a single independent student with 
        dependents:

     ``Income Protection Allowance (to be adjusted for 2023-2024 and
                            succeeding years)
------------------------------------------------------------------------
              Family Size (including student)                   Amount
------------------------------------------------------------------------
2..........................................................      $43,920
3..........................................................      $54,690
4..........................................................      $67,520
5..........................................................      $79,680
6..........................................................      $93,180
For each additional add....................................     $10,530.
------------------------------------------------------------------------


        ``(4) Employment expense allowance.--The employment expense 
    allowance is equal to the lesser of $4,000 or 35 percent of the 
    student's earned income or the combined earned income of the 
    student and the student's spouse, if applicable (as adjusted by the 
    Secretary pursuant to section 478(g)).
    ``(c) Family's Available Assets.--
        ``(1) In general.--
            ``(A) Determination.--Except as provided in subparagraph 
        (B), the family's available assets are equal to--
                ``(i) the difference between the family's assets (as 
            defined in 480(f)) and the asset protection allowance 
            (determined in accordance with paragraph (2)); multiplied 
            by
                ``(ii) 7 percent.
            ``(B) Not less than zero.--The family's available assets 
        under this subsection shall not be less than zero.
        ``(2) Asset protection allowance.--The asset protection 
    allowance is calculated based on the following table (as revised by 
    the Secretary pursuant to section 478(d)):

                             ``Asset Protection Allowances for Families and Students
----------------------------------------------------------------------------------------------------------------
                                                                               And the student is
                                                               -------------------------------------------------
                                                                        married                   single
                 If the age of the student is--                -------------------------------------------------
                                                                then the allowance is--
 
----------------------------------------------------------------------------------------------------------------
25 or less....................................................                       $0                       $0
26............................................................                     $400                     $100
27............................................................                     $700                     $300
28............................................................                   $1,100                     $400
29............................................................                   $1,500                     $600
30............................................................                   $1,800                     $700
31............................................................                   $2,200                     $800
32............................................................                   $2,600                   $1,000
33............................................................                   $2,900                   $1,100
34............................................................                   $3,300                   $1,300
35............................................................                   $3,700                   $1,400
36............................................................                   $4,000                   $1,500
37............................................................                   $4,400                   $1,700
38............................................................                   $4,800                   $1,800
39............................................................                   $5,100                   $2,000
40............................................................                   $5,500                   $2,100
41............................................................                   $5,600                   $2,200
42............................................................                   $5,700                   $2,200
43............................................................                   $5,900                   $2,300
44............................................................                   $6,000                   $2,300
45............................................................                   $6,200                   $2,400
46............................................................                   $6,300                   $2,400
47............................................................                   $6,500                   $2,500
48............................................................                   $6,600                   $2,500
49............................................................                   $6,800                   $2,600
50............................................................                   $7,000                   $2,700
51............................................................                   $7,100                   $2,700
52............................................................                   $7,300                   $2,800
53............................................................                   $7,500                   $2,900
54............................................................                   $7,700                   $2,900
55............................................................                   $7,900                   $3,000
56............................................................                   $8,100                   $3,100
57............................................................                   $8,400                   $3,100
58............................................................                   $8,600                   $3,200
59............................................................                   $8,800                   $3,300
60............................................................                   $9,100                   $3,400
61............................................................                   $9,300                   $3,500
62............................................................                   $9,600                   $3,600
63............................................................                   $9,900                   $3,700
64............................................................                  $10,200                   $3,800
65 or more....................................................                  $10,500                  $3,900.
----------------------------------------------------------------------------------------------------------------


    ``(d) Assessment Schedule.--The assessment of adjusted available 
income (as determined under subsection (a)(1) and hereafter in this 
subsection referred to as `AAI') is calculated based on the following 
table (as revised by the Secretary pursuant to section 478(e)):

               ``Assessment From Adjusted Available Income
------------------------------------------------------------------------
              If AAI is--                    Then the assessment is--
------------------------------------------------------------------------
Less than - $6,820.....................  - $1,500
- $6,820 to $17,400....................  22% of AAI
 $17,401 to $21,800....................   $3,828 + 25% of AAI over
                                          $17,400
 $21,801 to $26,200....................   $4,928 + 29% of AAI over
                                          $21,800
 $26,201 to $30,700....................   $6,204 + 34% of AAI over
                                          $26,200
 $30,701 to $35,100....................   $7,734 + 40% of AAI over
                                          $30,700
 $35,101 or more.......................   $9,494 + 47% of AAI over
                                          $35,100.
------------------------------------------------------------------------


    ``(e) Computations in Case of Separation, Divorce, or Death.--In 
the case of a student who is divorced or separated, or whose spouse has 
died, the spouse's income and assets shall not be considered in 
determining the family's available income or assets.''.
    (g) Regulations; Updated Tables.--Section 478 of the Higher 
Education Act of 1965 (20 U.S.C. 1087rr) is amended to read as follows:
    ``SEC. 478. REGULATIONS; UPDATED TABLES.
    ``(a) Authority To Prescribe Regulations Restricted.--
Notwithstanding any other provision of law, the Secretary shall not 
have the authority to prescribe regulations to carry out this part 
except--
        ``(1) to prescribe updated tables in accordance with 
    subsections (b) through (g); and
        ``(2) with respect to the definition of cost of attendance 
    under section 472, excluding section 472(a)(1).
    ``(b) Income Protection Allowance Adjustments.--For award year 
2023-2024 and each subsequent award year, the Secretary shall publish 
in the Federal Register revised income protection allowances for the 
purposes of subsections (c)(3) and (g)(2)(C) of section 475, subclauses 
(I) and (II) of section 476(b)(1)(A)(iii), and section 477(b)(3), by 
increasing the income protection allowances in each of such provisions, 
by a percentage equal to the percentage increase in the Consumer Price 
Index, as defined in subsection (f), between April 2020 and the April 
in the year prior to the beginning of the award year and rounding the 
result to the nearest $10.
    ``(c) Adjusted Net Worth of a Farm or Business.--
        ``(1) Table.--The table of the net worth of a farm or business 
    for purposes of making determinations of assets as defined under 
    section 480(f) is the following:

                  ``Farm/Business Net Worth Adjustment
------------------------------------------------------------------------
 If the net worth of a farm or business  Then the adjusted net worth is--
                  is--
------------------------------------------------------------------------
Less than $1...........................   $0
 $1 to $140,000........................  40% of net worth of farm/
                                          business
 $140,001 to $415,000..................   $56,000 + 50% of net worth
                                          over $140,000
 $415,001 to $695,000..................   $193,500 + 60% of net worth
                                          over $415,000
 $695,001 or more......................   $361,500 + 100% of net worth
                                          over $695,000.
------------------------------------------------------------------------


        ``(2) Revised tables.--For award year 2023-2024 and each 
    subsequent award year, the Secretary shall publish in the Federal 
    Register a revised table of the adjusted net worth of a farm or 
    business for purposes of section 480(f). Such revised table shall 
    be developed--
            ``(A) by increasing each dollar amount that refers to net 
        worth of a farm or business by a percentage equal to the 
        percentage increase in the Consumer Price Index between April 
        2020 and the April in the year prior to the beginning of such 
        award year, and rounding the result to the nearest $5,000; and
            ``(B) by adjusting the dollar amounts in the column 
        referring to the adjusted net worth to reflect the changes made 
        pursuant to subparagraph (A).
    ``(d) Asset Protection Allowance.--For award year 2023-2024 and 
each subsequent award year, the Secretary shall publish in the Federal 
Register a revised table of allowances for the purpose of sections 
475(d)(2), 476(c)(2), and 477(c)(2). Such revised table shall be 
developed by determining the present value cost, rounded to the nearest 
$100, of an annuity that would provide, for each age cohort of 40 and 
above, a supplemental income at age 65 (adjusted for inflation) equal 
to the difference between the moderate family income (as most recently 
determined by the Bureau of Labor Statistics), and the current average 
social security retirement benefits. For each age cohort below 40, the 
allowance shall be computed by decreasing the allowance for age 40, as 
updated, by one-fifteenth for each year of age below age 40 and 
rounding the result to the nearest $100. In making such 
determinations--
        ``(1) the tables of allowances specified in sections 475(d)(2), 
    476(c)(2), and 477(c)(2) shall be considered to be for award year 
    2021-2022 for the purposes of calculating inflation;
        ``(2) inflation shall be presumed to be 6 percent per year;
        ``(3) the rate of return of an annuity shall be presumed to be 
    8 percent; and
        ``(4) the sales commission on an annuity shall be presumed to 
    be 6 percent.
    ``(e) Assessment Schedules and Rates.--For award year 2023-2024 and 
each subsequent award year, the Secretary shall publish in the Federal 
Register a revised table of assessments from adjusted available income 
for the purpose of sections 475(e) and 477(d). Such revised table shall 
be developed--
        ``(1) by increasing each dollar amount that refers to adjusted 
    available income by a percentage equal to the percentage increase 
    in the Consumer Price Index between April 2020 and the April in the 
    year prior to the beginning of such academic year, rounded to the 
    nearest $100; and
        ``(2) by adjusting the other dollar amounts to reflect the 
    changes made pursuant to paragraph (1).
    ``(f) Consumer Price Index Defined.--In this section, the term 
`Consumer Price Index' means the Consumer Price Index for All Urban 
Consumers published by the Department of Labor. Each annual update of 
tables to reflect changes in the Consumer Price Index shall be 
corrected for misestimation of actual changes in such Index in previous 
years.
    ``(g) Employment Expense Allowance.--For award year 2023-2024 and 
each succeeding award year, the Secretary shall publish in the Federal 
Register a revised table of employment expense allowances for the 
purpose of sections 475(c)(4), 476(b)(3), and 477(b)(4). Such revised 
table shall be developed by increasing the dollar amount specified in 
sections 475(c)(4), 476(b)(3), and 477(b)(4) by a percentage equal to 
the percentage increase in the Consumer Price Index, as defined in 
subsection (f), between April 2020 and the April in the year prior to 
the beginning of the award year and rounding the result to the nearest 
$10.
    ``(h) Clarification for Award Year 2023-2024.--For award year 2023-
2024, the Secretary shall determine adjusted amounts and prescribe 
revised tables with respect to the income protection, employment 
expense, and asset protection allowances and the assessment schedules 
under sections 475, 476, and 477, pursuant to this section. The amounts 
and tables specified in sections 475, 476, and 477 with respect to such 
allowances and schedules shall only be used by the Secretary as a 
baseline for adjustments and table revisions prescribed in accordance 
with this section.''.
    (h) Applicants Exempt From Asset Reporting.--Section 479 of the 
Higher Education Act of 1965 (20 U.S.C. 1087ss) is amended to read as 
follows:
    ``SEC. 479. ELIGIBLE APPLICANTS EXEMPT FROM ASSET REPORTING.
    ``(a) In General.--Notwithstanding any other provision of law, this 
section shall be effective for each individual seeking to apply for 
Federal financial aid under this title, as part of the simplified 
application for Federal student financial aid under section 483, on or 
after July 1, 2023.
    ``(b) Applicants Exempt From Asset Reporting.--
        ``(1) In general.--Except as provided in paragraph (3), in 
    carrying out section 483, the Secretary shall not use asset 
    information from an eligible applicant or, as applicable, the 
    parent or spouse of an eligible applicant.
        ``(2) Eligible applicants.--In this subsection, the term 
    `eligible applicant' means an applicant who meets at least one of 
    the following criteria:
            ``(A) Is an applicant who qualifies for an automatic zero 
        student aid index or negative student aid index under 
        subsection (b) or (c) of section 473.
            ``(B) Is an applicant who is a dependent student and the 
        student's parents have a total adjusted gross income (excluding 
        any income of the dependent student) that is less than $60,000 
        and do not file a Schedule A, B, D, E, F, or H (or equivalent 
        successor schedules) with the Federal income tax return for the 
        second preceding tax year, and--
                ``(i) do not file a Schedule C (or the equivalent 
            successor schedule) with the Federal income tax return for 
            the second preceding tax year; or
                ``(ii) file a Schedule C (or the equivalent successor 
            schedule) with net business income of not more than a 
            $10,000 loss or gain with the Federal income tax return for 
            the second preceding tax year.
            ``(C) Is an applicant who is an independent student and the 
        student (including the student's spouse, if any) has a total 
        adjusted gross income that is less than $60,000 and does not 
        file a Schedule A, B, D, E, F, or H (or equivalent successor 
        schedules), with the Federal income tax return for the second 
        preceding tax year, and--
                ``(i) does not file a Schedule C (or the equivalent 
            successor schedule) with the Federal income tax return for 
            the second preceding tax year; or
                ``(ii) files a Schedule C (or the equivalent successor 
            schedule) with net business income of not more than a 
            $10,000 loss or gain with the Federal income tax return for 
            the second preceding tax year.
            ``(D) Is an applicant who, at any time during the previous 
        24-month period, received a benefit under a means-tested 
        Federal benefit program (or whose parent or spouse received 
        such a benefit, as applicable).
        ``(3) Special rule.--An eligible applicant shall not be exempt 
    from asset reporting under this section if the applicant is a 
    dependent student and the students' parents do not--
            ``(A) reside in the United States or a United States 
        territory; or
            ``(B) file taxes in the United States or a United States 
        territory, except if such nonfiling is due to not being 
        required to file a Federal tax return for the applicable tax 
        year due to a low income.
        ``(4) Definitions.--In this section:
            ``(A) Schedule a.--The term `Schedule A' means a form or 
        information by a taxpayer to report itemized deductions.
            ``(B) Schedule b.--The term `Schedule B' means a form or 
        information filed by a taxpayer to report interest and ordinary 
        dividend income.
            ``(C) Schedule c.--The term `Schedule C' means a form or 
        information filed by a taxpayer to report income or loss from a 
        business operated or a profession practiced as a sole 
        proprietor.
            ``(D) Schedule d .--The term `Schedule D' means a form or 
        information filed by a taxpayer to report sales, exchanges or 
        some involuntary conversions of capital assets, certain capital 
        gain distributions, and nonbusiness bad debts.
            ``(E) Schedule e .--The term `Schedule E' means a form or 
        information filed by a taxpayer to report income from rental 
        properties, royalties, partnerships, S corporations, estates, 
        trusts, and residual interests in real estate mortgage 
        investment conduits.
            ``(F) Schedule f.--The term `Schedule F' means a form or 
        information filed by a taxpayer to report farm income and 
        expenses.
            ``(G) Schedule h.--The term `Schedule H' means a form or 
        information filed by a taxpayer to report household employment 
        taxes.
            ``(H) Means-tested federal benefit program.--The term 
        `means-tested Federal benefit program' means any of the 
        following:
                ``(i) The supplemental security income program under 
            title XVI of the Social Security Act (42 U.S.C. 1381 et 
            seq.).
                ``(ii) The supplemental nutrition assistance program 
            under the Food and Nutrition Act of 2008 (7 U.S.C. 2011 et 
            seq.), a nutrition assistance program carried out under 
            section 19 of such Act (7 U.S.C. 2028), and a supplemental 
            nutrition assistance program carried out under section 3(c) 
            of the Act entitled `An Act to authorize appropriations for 
            certain insular areas of the United States, and for other 
            purposes' (Public Law 95-348).
                ``(iii) The program of block grants for States for 
            temporary assistance for needy families established under 
            part A of title IV of the Social Security Act (42 U.S.C. 
            601 et seq.).
                ``(iv) The special supplemental nutrition program for 
            women, infants, and children established by section 17 of 
            the Child Nutrition Act of 1966 (42 U.S.C. 1786).
                ``(v) The Medicaid program under title XIX of the 
            Social Security Act (42 U.S.C. 1396 et seq.).
                ``(vi) Federal housing assistance programs, including 
            tenant-based assistance under section 8(o) of the United 
            States Housing Act of 1937 (42 U.S.C. 1437f(o)), and public 
            housing, as defined in section 3(b)(1) of such Act (42 
            U.S.C. 1437a(b)(1)).
                ``(vii) Other means-tested programs determined by the 
            Secretary to be approximately consistent with the income 
            eligibility requirements of the means-tested programs under 
            clauses (i) through (vi).''.
    (i) Discretion of Student Financial Aid Administrators.--Section 
479A of the Higher Education Act of 1965 (20 U.S.C. 1087tt) is amended 
to read as follows:
``SEC. 479A. DISCRETION OF STUDENT FINANCIAL AID ADMINISTRATORS.
    ``(a) In General.--
        ``(1) Authority of financial aid administrators.--A financial 
    aid administrator shall have the authority to, on the basis of 
    adequate documentation, make adjustments to any or all of the 
    following on a case-by-case basis:
            ``(A) For an applicant with special circumstances under 
        subsection (b) to--
                ``(i) the cost of attendance;
                ``(ii) the values of the data used to calculate the 
            student aid index; or
                ``(iii) the values of the data used to calculate the 
            Federal Pell Grant award.
            ``(B) For an applicant with unusual circumstances under 
        subsection (c), to the dependency status of such applicant.
        ``(2) Limitations on authority.--
            ``(A) Use of authority.--No institution of higher education 
        or financial aid administrator shall maintain a policy of 
        denying all requests for adjustments under this section.
            ``(B) No additional fee.--No student or parent shall be 
        charged a fee for a documented interview of the student by the 
        financial aid administrator or for the review of a student or 
        parent's request for adjustments under this section including 
        the review of any supplementary information or documentation of 
        a student or parent's special circumstances or a student's 
        unusual circumstances.
            ``(C) Rule of construction.--The authority to make 
        adjustments under paragraph (1)(A) shall not be construed to 
        permit financial aid administrators to deviate from the cost of 
        attendance, the values of data used to calculate the student 
        aid index or the values of data used to calculate the Federal 
        Pell Grant award (or both) for awarding aid under this title in 
        the absence of special circumstances.
        ``(3) Adequate documentation.--Adequate documentation for 
    adjustments under this section must substantiate the special 
    circumstances or unusual circumstances of an individual student, 
    and may include, to the extent relevant and appropriate--
            ``(A) a documented interview between the student and the 
        financial aid administrator;
            ``(B) for the purposes of determining that a student 
        qualifies for an adjustment under paragraph (1)(B)--
                ``(i) submission of a court order or official Federal 
            or State documentation that the student or the student's 
            parents or legal guardians are incarcerated in any Federal 
            or State penal institution;
                ``(ii) a documented phone call or a written statement, 
            which confirms the specific unusual circumstances with--

                    ``(I) a child welfare agency authorized by a State 
                or county;
                    ``(II) a Tribal welfare authority or agency;
                    ``(III) an independent living case worker, such as 
                a case worker who supports current and former foster 
                youth with the transition to adulthood; or
                    ``(IV) a public or private agency, facility, or 
                program servicing the victims of abuse, neglect, 
                assault, or violence, which may include domestic 
                violence;

                ``(iii) a documented phone call or a written statement 
            from an attorney, a guardian ad litem, or a court-appointed 
            special advocate, or a person serving in a similar capacity 
            which confirms the specific unusual circumstances and 
            documents the person's relationship to the student;
                ``(iv) a documented phone call or written statement 
            from a representative under chapter 1 or 2 of subpart 2 of 
            part A, which confirms the specific unusual circumstances 
            and documents the representative's relationship to the 
            student;
                ``(v) documents, such as utility bills or health 
            insurance documentation, that demonstrate a separation from 
            parents or legal guardians; and
                ``(vi) in the absence of documentation described in 
            this subparagraph, other documentation the financial aid 
            administrator determines is adequate to confirm the unusual 
            circumstances, pursuant to section 480(d)(9); and
            ``(C) supplementary information, as necessary, about the 
        financial status or personal circumstances of eligible 
        applicants as it relates to the special circumstances or 
        unusual circumstances based on which the applicant is 
        requesting an adjustment.
        ``(4) Special rule.--In making adjustments under paragraph (1), 
    a financial aid administrator may offer a dependent student 
    financial assistance under a Federal Direct Unsubsidized Stafford 
    Loan without requiring the parents of such student to provide their 
    parent information on the Free Application for Federal Student Aid 
    if the student does not qualify for, or does not choose to use, the 
    unusual circumstance option described in section 480(d)(9), and the 
    financial aid administrator determines that the parents of such 
    student ended financial support of such student or refuse to file 
    such form.
        ``(5) Public disclosure.--Each institution of higher education 
    shall make publicly available information that students applying 
    for aid under this title have the opportunity to pursue adjustments 
    under this section.
    ``(b) Adjustments for Students With Special Circumstances.--
        ``(1) Special circumstances for adjustments related to pell 
    grants.--Special circumstances for adjustments to calculate a 
    Federal Pell Grant award--
            ``(A) shall be conditions that differentiate an individual 
        student from a group of students rather than conditions that 
        exist across a group of students; and
            ``(B) may include--
                ``(i) recent unemployment of a family member or 
            student;
                ``(ii) a student or family member who is a dislocated 
            worker (as defined in section 3 of the Workforce Innovation 
            and Opportunity Act);
                ``(iii) a change in housing status that results in an 
            individual being a homeless youth;
                ``(iv) an unusual amount of claimed losses against 
            income on the Federal tax return that substantially lower 
            adjusted gross income, such as business, investment, or 
            real estate losses;
                ``(v) receipt of foreign income of permanent residents 
            or United States citizens exempt from Federal taxation, or 
            the foreign income for which a permanent resident or 
            citizen received a foreign tax credit;
                ``(vi) in the case of an applicant who does not qualify 
            for the exemption from asset reporting under section 479, 
            assets as defined in section 480(f); or
                ``(vii) other changes or adjustments in the income, 
            assets, or size of a family, or a student's dependency 
            status.
        ``(2) Special circumstances for adjustments related to cost of 
    attendance and student aid index.--Special circumstances for 
    adjustments to the cost of attendance or the values of the data 
    used to calculate the student aid index--
            ``(A) shall be conditions that differentiate an individual 
        student from a group of students rather than conditions that 
        exist across a group of students, except as provided in 
        sections 479B and 479C; and
            ``(B) may include--
                ``(i) tuition expenses at an elementary school or 
            secondary school;
                ``(ii) medical, dental, or nursing home expenses not 
            covered by insurance;
                ``(iii) child care or dependent care costs not covered 
            by the dependent care cost allowance calculated in 
            accordance with section 472;
                ``(iv) recent unemployment of a family member or 
            student;
                ``(v) a student or family member who is a dislocated 
            worker (as defined in section 3 of the Workforce Innovation 
            and Opportunity Act);
                ``(vi) the existence of additional family members 
            enrolled in a degree, certificate, or other program leading 
            to a recognized educational credential at an institution 
            with a program participation agreement under section 487;
                ``(vii) a change in housing status that results in an 
            individual being a homeless youth;
                ``(viii) a condition of severe disability of the 
            student, or in the case of a dependent student, the 
            dependent student's parent or guardian, or in the case of 
            an independent student, the independent student's dependent 
            or spouse;
                ``(ix) unusual amount of claimed losses against income 
            on the Federal tax return that substantially lower adjusted 
            gross income, such as business, investment, or real estate 
            losses; or
                ``(x) other changes or adjustments in the income, 
            assets, or size of a family, or a student's dependency 
            status.
    ``(c) Unusual Circumstances Adjustments.--
        ``(1) In general.--Unusual circumstances for adjustments to the 
    dependency status of an applicant shall be--
            ``(A) conditions that differentiate an individual student 
        from a group of students; and
            ``(B) based on unusual circumstances, pursuant to section 
        480(d)(9).
        ``(2) Provisional independent students.--
            ``(A) Requirements for the secretary.--The Secretary 
        shall--
                ``(i) enable each student who, based on an unusual 
            circumstance described in section 480(d)(9), may qualify 
            for an adjustment under subsection (a)(1)(B) that will 
            result in a determination of independence under this 
            section or section 479D to complete the Free Application 
            for Federal Student Aid as an independent student for the 
            purpose of a provisional determination of the student's 
            Federal financial aid award, with the final determination 
            of the award subject to the documentation requirements of 
            subsection (a)(3);
                ``(ii) upon completion of the Free Application for 
            Federal Student Aid provide an estimate of the student's 
            Federal Pell Grant award, and other information as 
            specified in section 483(a)(3)(A), based on the assumption 
            that the student is determined to be an independent 
            student; and
                ``(iii) specify, on the Free Application for Federal 
            Student Aid, the consequences under section 490(a) of 
            knowingly and willfully completing the Free Application for 
            Federal Student Aid as an independent student under clause 
            (i) without meeting the unusual circumstances to qualify 
            for such a determination.
            ``(B) Requirements for financial aid administrators.--With 
        respect to a student accepted for admission who completes the 
        Free Application for Federal Student Aid as an independent 
        student under subparagraph (A), a financial aid administrator 
        shall--
                ``(i) notify the student of the institutional process, 
            requirements, and timeline for an adjustment under this 
            section and section 480(d)(9) that will result in a review 
            of the student's request for an adjustment and a 
            determination of the student's dependency status under such 
            sections within a reasonable time after the student 
            completes the Free Application for Federal Student Aid;
                ``(ii) provide the student a final determination of the 
            student's dependency status and Federal financial aid award 
            as soon as practicable after all requested documentation is 
            provided;
                ``(iii) retain all documents related to the adjustment 
            under this section and section 480(d)(9), including 
            documented interviews, for at least the duration of the 
            student's enrollment, and shall abide by all other record 
            keeping requirements of this Act; and
                ``(iv) presume that any student who has obtained an 
            adjustment under this section and section 480(d)(9) and a 
            final determination of independence for any preceding award 
            year at an institution of higher education to be 
            independent for each subsequent award year at the same 
            institution unless--

                    ``(I) the student informs the institution that 
                circumstances have changed; or
                    ``(II) the institution has specific conflicting 
                information about the student's independence.

            ``(C) Eligibility.--If a student pursues provisional 
        independent student status and is not determined to be an 
        independent student by a financial aid administrator, such 
        student shall only be eligible for a Federal Direct 
        Unsubsidized Stafford Loan for that award year unless such 
        student subsequently completes the Free Application for Federal 
        Student Aid as a dependent student.
    ``(d) Adjustments to Assets or Income Taken Into Account.--A 
financial aid administrator shall be considered to be making a 
necessary adjustment in accordance with this section if--
        ``(1) the administrator makes adjustments excluding from family 
    income or assets any proceeds or losses from a sale of farm or 
    business assets of a family if such sale results from a voluntary 
    or involuntary foreclosure, forfeiture, or bankruptcy or a 
    voluntary or involuntary liquidation; or
        ``(2) the administrator makes adjustments for a condition of 
    disability of a student, or in the case of a dependent student, the 
    dependent student's parent or guardian, or in the case of an 
    independent student, the independent student's dependent or spouse, 
    so as to take into consideration the additional costs incurred as a 
    result of such disability.
    ``(e) Refusal or Adjustment of Loan Certifications.--On a case-by-
case basis, an eligible institution may refuse to use the authority 
provided under this section, certify a statement that permits a student 
to receive a loan under part D, certify a loan amount, or make a loan 
that is less than the student's determination of need (as determined 
under this part), if the reason for the action is documented and 
provided in writing to the student. No eligible institution shall 
discriminate against any borrower or applicant in obtaining a loan on 
the basis of race, ethnicity, national origin, religion, sex, marital 
status, age, or disability status.
    ``(f) Special Rule Regarding Professional Judgment During a 
Disaster, Emergency, or Economic Downturn.--
        ``(1) In general.--For the purposes of making a professional 
    judgment under this section, financial aid administrators may, 
    during a qualifying emergency--
            ``(A) determine that the income earned from work for an 
        applicant is zero, if the applicant can provide paper or 
        electronic documentation of receipt of unemployment benefits or 
        confirmation that an application for unemployment benefits was 
        submitted; and
            ``(B) make additional appropriate adjustments to the income 
        earned from work for a student, parent, or spouse, as 
        applicable, based on the totality of the family's situation, 
        including consideration of unemployment benefits.
        ``(2) Documentation.--For the purposes of documenting 
    unemployment under paragraph (1), documentation shall be accepted 
    if such documentation is submitted not more than 90 days from the 
    date on which such documentation was issued, except if a financial 
    aid administrator knows that the student, parent, or spouse, as 
    applicable, has already obtained other employment.
        ``(3) Program reviews.--The Secretary shall make adjustments to 
    the model used to select institutions of higher education 
    participating under this title for program reviews in order to 
    account for any rise in the use of professional judgment under this 
    section during the award years applicable to the qualifying 
    emergency, as determined by the Secretary.
        ``(4) Qualifying emergency.--In this subsection, the term 
    `qualifying emergency' means--
            ``(A) an event for which the President declared a major 
        disaster or an emergency under section 401 or 501, 
        respectively, of the Robert T. Stafford Disaster Relief and 
        Emergency Assistance Act (42 U.S.C. 5170 and 5191);
            ``(B) a national emergency related to the coronavirus 
        declared by the President under section 201 of the National 
        Emergencies Act (50 U.S.C. 1601 et seq.); or
            ``(C) a period of recession or economic downturn as 
        determined by the Secretary, in consultation with the Secretary 
        of Labor.''.
    (j) Disregard of Student Aid in Other Programs.--Section 479B of 
the Higher Education Act of 1965 (20 U.S.C. 1087uu) is amended to read 
as follows:
``SEC. 479B. DISREGARD OF STUDENT AID IN OTHER PROGRAMS.
    ``Notwithstanding any other provision of law, student financial 
assistance received under this title, Bureau of Indian Education 
student assistance programs, and employment and training programs under 
section 134 of the Workforce Innovation and Opportunity Act (29 U.S.C. 
3174 et. seq.) shall not be taken into account in determining the need 
or eligibility of any person for benefits or assistance, or the amount 
of such benefits or assistance, under any Federal, State, or local 
program financed in whole or in part with Federal funds.''.
    (k) Native American Students.--Section 479C of the Higher Education 
Act of 1965 (20 U.S.C. 1087uu-1) is amended to read as follows:
``SEC. 479C. NATIVE AMERICAN STUDENTS.
    ``(a) In General.--In determining the student aid index for Native 
American students, computations performed pursuant to this part shall 
exclude--
        ``(1) any income and assets of $2,000 or less per individual 
    payment received by the student (and spouse) and student's parents 
    under Public Law 98-64 (25 U.S.C. 117a et seq.; 97 Stat. 365) 
    (commonly known as the `Per Capita Act') or the Indian Tribal 
    Judgment Funds Use or Distribution Act (25 U.S.C. 1401 et seq.); 
    and
        ``(2) any income received by the student (and spouse) and 
    student's parents under the Alaska Native Claims Settlement Act (43 
    U.S.C. 1601 et seq.) or the Maine Indian Claims Settlement Act of 
    1980 (25 U.S.C. 1721 et seq.).
    ``(b) Guidance.--The Secretary shall develop guidance, in 
consultation with Tribal Colleges and Universities (as defined in 
section 316) and the State higher education agency in Alaska and Maine, 
to implement the determination under subsection (a) without adding 
additional questions to the FAFSA, including through the use of the 
authority under section 479A.''.
    (l) Special Rules for Independent Students.--Part F of title IV of 
the Higher Education Act of 1965 (20 U.S.C. 1087kk et seq.) is further 
amended--
        (1) by inserting after section 479C the following:
``SEC. 479D. SPECIAL RULES FOR INDEPENDENT STUDENTS.
    ``(a) Determination Process for Unaccompanied Homeless Youth.--In 
making a determination of independence under section 480(d)(8), a 
financial aid administrator shall comply with the following:
        ``(1) Consider documentation of the student's circumstance to 
    be adequate in the absence of documented conflicting information, 
    if such documentation is provided through a documented phone call, 
    written statement, or verifiable electronic data match by--
            ``(A) a local educational agency homeless liaison, 
        designated pursuant to section 722(g)(1)(J)(ii) of the 
        McKinney-Vento Homeless Assistance Act (42 U.S.C. 
        11432(g)(1)(J)(ii)) or a designee of the liaison;
            ``(B) the director of an emergency or transitional shelter, 
        street outreach program, homeless youth drop-in center, or 
        other program serving individuals who are experiencing 
        homelessness, or a designee of the director;
            ``(C) the director of a project supported by a Federal TRIO 
        program or a Gaining Early Awareness and Readiness for 
        Undergraduate program grant under chapter 1 or 2 of subpart 2 
        of part A, or a designee of the director; or
            ``(D) a financial aid administrator at another institution 
        who documented the student's circumstance in a prior award 
        year.
        ``(2) If a student is unable to provide documentation from any 
    individual described in paragraph (1), make a case-by-case 
    determination, which shall be--
            ``(A) based on a written statement from, or a documented 
        interview with, the student that confirms that the student is 
        an unaccompanied homeless youth, or unaccompanied, at risk of 
        homelessness, and self-supporting; and
            ``(B) made without regard to the reasons that the student 
        is an unaccompanied homeless youth, or unaccompanied, at risk 
        of homelessness, and self-supporting.
        ``(3) Consider a determination made under this subsection as 
    distinct from a determination of independence under section 
    480(d)(9).
    ``(b) Documentation Process for Foster Care Youth.--If an 
institution requires that a student provide documentation that the 
student was in foster care when the student was age 13 or older, a 
financial aid administrator shall consider any of the following as 
adequate documentation, in the absence of documented conflicting 
information:
        ``(1) Submission of a court order or official State 
    documentation that the student received Federal or State support in 
    foster care.
        ``(2) A documented phone call, written statement, or verifiable 
    electronic data match, which confirms the student was in foster 
    care at an applicable age, from--
            ``(A) a State, county, or tribal agency administering a 
        program under part B or E of title IV of the Social Security 
        Act (42 U.S.C. 621 et seq. and 670 et seq.);
            ``(B) a State Medicaid agency; or
            ``(C) a public or private foster care placing agency or 
        foster care facility or placement.
        ``(3) A documented phone call or a written statement from an 
    attorney, a guardian ad litem, or a Court Appointed Special 
    Advocate that confirms that the student was in foster care at an 
    applicable age and documents the person's relationship to the 
    student.
        ``(4) Verification of the student's eligibility for an 
    education and training voucher under the John H. Chafee Foster Care 
    Program under section 477 of the Social Security Act (42 U.S.C. 
    677).
        ``(5) A documented phone call or written statement from a 
    financial aid administrator who documented the student's 
    circumstance in a prior award year.
    ``(c) Timing.--A determination of independence under paragraph (2), 
(8), or (9) of section 480(d) for a student--
        ``(1) shall be made as quickly as practicable;
        ``(2) may be made as early as the year before the award year 
    for which the student initially submits an application; and
        ``(3) shall be made not later than 60 days after the date of 
    the student's enrollment during the award year for which the 
    student initially submits an application.
    ``(d) Use of Earlier Determinations.--
        ``(1) Earlier determination by the institution.--Any student 
    who is determined to be independent under paragraph (2), (8), or 
    (9) of section 480(d) for a preceding award year at an institution 
    shall be presumed to be independent for each subsequent award year 
    at the same institution unless--
            ``(A) the student informs the institution that 
        circumstances have changed; or
            ``(B) the institution has specific conflicting information 
        about the student's independence and has informed the student 
        of this information.
        ``(2) Earlier determination by another institution.--A 
    financial aid administrator may make a determination of 
    independence pursuant to section 479A(c), based upon a documented 
    determination of independence that was previously made by another 
    financial aid administrator under such paragraph in the same award 
    year.
    ``(e) Retention of Documents.--A financial aid administrator shall 
retain all documents related to any determination of independence, 
including documented interviews, for at least the duration of the 
student's enrollment and an additional period prescribed by the 
Secretary to enable a student to utilize the documents for the purposes 
of subsection (a)(1)(D), (b)(5), or (d) of this section.''; and
        (2) by amending section 480 to read as follows:
    ``SEC. 480. DEFINITIONS.
    ``In this part:
    ``(a) Total Income.--The term `total income' means the amount equal 
to adjusted gross income for the second preceding tax year plus untaxed 
income and benefits for the second preceding tax year minus excludable 
income for the second preceding tax year. The factors used to determine 
total income shall be derived from the Federal income tax return, if 
available, except for the applicant's ability to indicate a qualified 
rollover in the second preceding tax year as outlined in section 483 or 
foreign income described in subsection (b)(5).
    ``(b) Untaxed Income and Benefits.--The term `untaxed income and 
benefits' means--
        ``(1) deductions and payments to self-employed SEP, SIMPLE, 
    Keogh, and other qualified individual retirement accounts excluded 
    from income for Federal tax purposes, except such term shall not 
    include payments made to tax-deferred pension and retirement plans, 
    paid directly or withheld from earnings, that are not delineated on 
    the Federal tax return;
        ``(2) tax-exempt interest income;
        ``(3) untaxed portion of individual retirement account 
    distributions;
        ``(4) untaxed portion of pensions; and
        ``(5) foreign income of permanent residents of the United 
    States or United States citizens exempt from Federal taxation, or 
    the foreign income for which such a permanent resident or citizen 
    receives a foreign tax credit.
    ``(c) Veterans and Veterans' Education Benefits.--(1) The term 
`veteran' has the meaning given the term in section 101(2) of title 38, 
United States Code, and includes individuals who served in the United 
States Armed Forces as described in sections 101(21), 101(22), and 
101(23) of title 38, United States Code.
    ``(2) The term `veterans' education benefits' means veterans' 
benefits under the following provisions of law:
        ``(A) Chapter 103 of title 10, United States Code (Senior 
    Reserve Officers' Training Corps).
        ``(B) Chapter 106A of title 10, United States Code (Educational 
    Assistance for Persons Enlisting for Active Duty).
        ``(C) Chapter 1606 of title 10, United States Code (Selected 
    Reserve Educational Assistance Program).
        ``(D) Chapter 1607 of title 10, United States Code (Educational 
    Assistance Program for Reserve Component Members Supporting 
    Contingency Operations and Certain Other Operations).
        ``(E) Chapter 30 of title 38, United States Code (All-Volunteer 
    Force Educational Assistance Program, also known as the `Montgomery 
    GI Bill--active duty').
        ``(F) Chapter 31 of title 38, United States Code (Training and 
    Rehabilitation for Veterans with Service-Connected Disabilities).
        ``(G) Chapter 32 of title 38, United States Code (Post-Vietnam 
    Era Veterans' Educational Assistance Program).
        ``(H) Chapter 33 of title 38, United States Code (Post-9/11 
    Educational Assistance).
        ``(I) Chapter 35 of title 38, United States Code (Survivors' 
    and Dependents' Educational Assistance Program).
        ``(J) Section 903 of the Department of Defense Authorization 
    Act, 1981 (10 U.S.C. 2141 note) (Educational Assistance Pilot 
    Program).
        ``(K) Section 156(b) of the `Joint Resolution making further 
    continuing appropriations and providing for productive employment 
    for the fiscal year 1983, and for other purposes' (42 U.S.C. 402 
    note) (Restored Entitlement Program for Survivors, also known as 
    `Quayle benefits').
        ``(L) The provisions of chapter 3 of title 37, United States 
    Code, related to subsistence allowances for members of the Reserve 
    Officers Training Corps.
    ``(d) Independent Students and Determinations.--The term 
`independent', when used with respect to a student, means any 
individual who--
        ``(1) is 24 years of age or older by December 31 of the award 
    year;
        ``(2) is, or was at any time when the individual was 13 years 
    of age or older--
            ``(A) an orphan;
            ``(B) a ward of the court; or
            ``(C) in foster care;
        ``(3) is, or was immediately prior to attaining the age of 
    majority, an emancipated minor or in legal guardianship as 
    determined by a court of competent jurisdiction in the individual's 
    State of legal residence;
        ``(4) is a veteran of the Armed Forces of the United States (as 
    defined in subsection (c)) or is currently serving on active duty 
    in the Armed Forces for other than training purposes;
        ``(5) is a graduate or professional student;
        ``(6) is married and not separated;
        ``(7) has legal dependents other than a spouse;
        ``(8) is an unaccompanied homeless youth or is unaccompanied, 
    at risk of homelessness, and self-supporting, without regard to 
    such individual's age; and
        ``(9) is a student for whom a financial aid administrator makes 
    a documented determination of independence by reason of other 
    unusual circumstances pursuant to section 479A(c) in which the 
    student is unable to contact a parent or where contact with parents 
    poses a risk to such student, which includes circumstances of--
            ``(A) human trafficking, as described in the Trafficking 
        Victims Protection Act of 2000 (22 U.S.C. 7101 et seq.);
            ``(B) legally granted refugee or asylum status;
            ``(C) parental abandonment or estrangement; or
            ``(D) student or parental incarceration.
    ``(e) Excludable Income.--The term `excludable income' means--
        ``(1) an amount equal to the education credits described in 
    paragraphs (1) and (2) of section 25A(a) of the Internal Revenue 
    Code of 1986;
        ``(2) if an applicant elects to report it, college grant and 
    scholarship aid included in gross income on a Federal tax return, 
    including amounts attributable to grant and scholarship portions of 
    fellowships and assistantships and any national service educational 
    award or post-service benefit received by an individual under title 
    I of the National and Community Service Act of 1990 (42 U.S.C. 
    12511 et seq.), including awards, living allowances, and interest 
    accrual payments; and
        ``(3) income earned from work under part C of this title.
    ``(f) Assets.--
        ``(1) In general.--The term `assets' means the amount in 
    checking and savings accounts, time deposits, money market funds, 
    investments, trusts, stocks, bonds, derivatives, securities, mutual 
    funds, tax shelters, qualified education benefits (except as 
    provided in paragraph (3)), the annual amount of child support 
    received and the net value of real estate, vacation homes, income 
    producing property, and business and farm assets, determined in 
    accordance with section 478(c).
        ``(2) Exclusions.--With respect to determinations of need under 
    this title, the term `assets' shall not include the net value of 
    the family's principal place of residence.
        ``(3) Consideration of qualified education benefit.--A 
    qualified education benefit shall be considered an asset of--
            ``(A) the student if the student is an independent student; 
        or
            ``(B) the parent if the student is a dependent student and 
        the account is designated for the student, regardless of 
        whether the owner of the account is the student or the parent.
        ``(4) Definition of qualified education benefit.--In this 
    subsection, the term `qualified education benefit' means--
            ``(A) a qualified tuition program (as defined in section 
        529(b)(1)(A) of the Internal Revenue Code of 1986) or other 
        prepaid tuition plan offered by a State; and
            ``(B) a Coverdell education savings account (as defined in 
        section 530(b)(1) of the Internal Revenue Code of 1986).
    ``(g) Net Value.--The term `net value' means the market value at 
the time of application of the assets (as defined in subsection (f)), 
minus the outstanding liabilities or indebtedness against the assets.
    ``(h) Treatment of Income Taxes Paid to Other Jurisdictions.--
        ``(1) The tax on income paid to the Governments of the 
    Commonwealth of Puerto Rico, Guam, American Samoa, the Virgin 
    Islands, or the Commonwealth of the Northern Mariana Islands, the 
    Republic of the Marshall Islands, the Federated States of 
    Micronesia, or Palau under the laws applicable to those 
    jurisdictions, or the comparable tax paid to the central government 
    of a foreign country, shall be treated as Federal income taxes.
        ``(2) References in this part to the Internal Revenue Code of 
    1986, Federal income tax forms, and the Internal Revenue Service 
    shall, for purposes of the tax described in paragraph (1), be 
    treated as references to the corresponding laws, tax forms, and tax 
    collection agencies of those jurisdictions, respectively, subject 
    to such adjustments as the Secretary may provide by regulation.
    ``(i) Other Financial Assistance.--
        ``(1) For purposes of determining a student's eligibility for 
    funds under this title, other financial assistance not received 
    under this title shall include all scholarships, grants, loans, or 
    other assistance known to the institution at the time the 
    determination of the student's need is made, including national 
    service educational awards or post-service benefits under title I 
    of the National and Community Service Act of 1990 (42 U.S.C. 12511 
    et seq.), but excluding veterans' education benefits.
        ``(2) Notwithstanding paragraph (1), a tax credit taken under 
    section 25A of the Internal Revenue Code of 1986, or a distribution 
    that is not includable in gross income under section 529 of such 
    Code, under another prepaid tuition plan offered by a State, or 
    under a Coverdell education savings account under section 530 of 
    such Code, shall not be treated as other financial assistance for 
    purposes of section 471(a)(3).
        ``(3) Notwithstanding paragraph (1) and section 472, assistance 
    not received under this title may be excluded from both other 
    financial assistance and cost of attendance, if that assistance is 
    provided by a State and is designated by such State to offset a 
    specific component of the cost of attendance. If that assistance is 
    excluded from either other financial assistance or cost of 
    attendance, it shall be excluded from both.
        ``(4) Notwithstanding paragraph (1), payments made and services 
    provided under part E of title IV of the Social Security Act to or 
    on behalf of any child or youth over whom the State agency has 
    responsibility for placement, care, or supervision, including the 
    value of vouchers for education and training and amounts expended 
    for room and board for youth who are not in foster care but are 
    receiving services under section 477 of such Act, shall not be 
    treated as other financial assistance for purposes of section 
    471(a)(3).
        ``(5) Notwithstanding paragraph (1), emergency financial 
    assistance provided to the student for unexpected expenses that are 
    a component of the student's cost of attendance, and not otherwise 
    considered when the determination of the student's need is made, 
    shall not be treated as other financial assistance for purposes of 
    section 471(a)(3).
    ``(j) Dependents.--
        ``(1) Except as otherwise provided, the term `dependent of the 
    parent' means the student who is deemed to be a dependent student 
    when applying for aid under this title, and any other person who 
    lives with and receives more than one-half of their support from 
    the parent (or parents) and will continue to receive more than half 
    of their support from the parent (or parents) during the award 
    year.
        ``(2) Except as otherwise provided, the term `dependent of the 
    student' means the student's dependent children and other persons 
    (except the student's spouse) who live with and receive more than 
    one-half of their support from the student and will continue to 
    receive more than half of their support from the student during the 
    award year.
    ``(k) Family Size.--
        ``(1) Dependent student.--Except as provided in paragraph (3), 
    in determining family size in the case of a dependent student--
            ``(A) if the parents are not divorced or separated, family 
        members include the student's parents, and any dependent 
        (within the meaning of section 152 of the Internal Revenue Code 
        of 1986 or an eligible individual for purposes of the credit 
        under section 24 of the Internal Revenue Code of 1986) of the 
        student's parents for the taxable year used in determining the 
        amount of need of the student for financial assistance under 
        this title;
            ``(B) if the parents are divorced or separated, family 
        members include the parent whose income is included in 
        computing available income and any dependent (within the 
        meaning of section 152 of the Internal Revenue Code of 1986 or 
        an eligible individual for purposes of the credit under section 
        24 of the Internal Revenue Code of 1986) of that parent for the 
        taxable year used in determining the amount of need of the 
        student for financial assistance under this title;
            ``(C) if the parents are divorced and the parents whose 
        income is so included are remarried, or if the parent was a 
        widow or widower who has remarried, family members also 
        include, in addition to those individuals referred to in 
        subparagraph (B), the new spouse and any dependent (within the 
        meaning of section 152 of the Internal Revenue Code of 1986 or 
        an eligible individual for purposes of the credit under section 
        24 of the Internal Revenue Code of 1986) of the new spouse for 
        the taxable year used in determining the amount of need of the 
        student for financial assistance under this title, if that 
        spouse's income is included in determining the parent's 
        adjusted available income; and
            ``(D) if the student is not considered as a dependent 
        (within the meaning of section 152 of the Internal Revenue Code 
        of 1986 or an eligible individual for purposes of the credit 
        under section 24 of the Internal Revenue Code of 1986) of any 
        parent, the parents' family size shall include the student and 
        the family members applicable to the parents' situation under 
        subparagraph (A), (B), or (C).
        ``(2) Independent student.--Except as provided in paragraph 
    (3), in determining family size in the case of an independent 
    student--
            ``(A) family members include the student, the student's 
        spouse, and any dependent (within the meaning of section 152 of 
        the Internal Revenue Code of 1986 or an eligible individual for 
        purposes of the credit under section 24 of the Internal Revenue 
        Code of 1986) of that student for the taxable year used in 
        determining the amount of need of the student for financial 
        assistance under this title; and
            ``(B) if the student is divorced or separated, family 
        members do not include the spouse (or ex-spouse), but do 
        include the student and any dependent (within the meaning of 
        section 152 of the Internal Revenue Code of 1986 or an eligible 
        individual for purposes of the credit under section 24 of the 
        Internal Revenue Code of 1986) of that student for the taxable 
        year used in determining the amount of need of the student for 
        financial assistance under this title.
        ``(3) Procedures and modification.--The Secretary shall provide 
    procedures for determining family size in cases in which 
    information for the taxable year used in determining the amount of 
    need of the student for financial assistance under this title has 
    changed or does not accurately reflect the applicant's current 
    household size, including when a divorce settlement only allows a 
    parent to file for the Earned Income Tax Credit available under 
    section 32 of the Internal Revenue Code of 1986.
    ``(l) Business Assets.--The term `business assets' means property 
that is used in the operation of a trade or business, including real 
estate, inventories, buildings, machinery, and other equipment, 
patents, franchise rights, and copyrights.
    ``(m) Homeless Youth.--The term `homeless youth' has the meaning 
given the term `homeless children and youths' in section 725 of the 
McKinney-Vento Homeless Assistance Act (42 U.S.C. 11434a).
    ``(n) Unaccompanied.--The terms `unaccompanied', `unaccompanied 
youth', or `unaccompanied homeless youth' have the meaning given the 
term `unaccompanied youth' in section 725 of the McKinney-Vento 
Homeless Assistance Act (42 U.S.C. 11434a).''.
    (m) FAFSA.--
        (1) In general.--Section 483 of the Higher Education Act of 
    1965 (20 U.S.C. 1090) is amended to read as follows:
    ``SEC. 483. FREE APPLICATION FOR FEDERAL STUDENT AID.
    ``(a) Simplified Application for Federal Student Financial Aid.--
        ``(1) In general.--Each individual seeking to apply for Federal 
    financial aid under this title for award year 2023-2024 and any 
    subsequent award year shall file a free application with the 
    Secretary, known as the `Free Application for Federal Student Aid', 
    to determine eligibility for such aid, as described in paragraph 
    (2), and in accordance with section 479.
        ``(2) Free application.--
            ``(A) In general.--The Secretary shall make available, for 
        the purposes of paragraph (1), a free application to determine 
        the eligibility of a student for Federal financial aid under 
        this title.
            ``(B) Information required by the applicant.--
                ``(i) In general.--The applicant, and, if necessary, 
            the parents or spouse of the applicant, shall provide the 
            Secretary with the applicable information described in 
            clause (ii) in order to be eligible for Federal financial 
            aid under this title.
                ``(ii) Information to be provided.--The information 
            described in this clause is the following:

                    ``(I) Name.
                    ``(II) Contact information, including address, 
                phone number, email address, or other electronic 
                address.
                    ``(III) Social security number.
                    ``(IV) Date of birth.
                    ``(V) Marital status.
                    ``(VI) Citizenship status, including alien 
                registration number, if applicable.
                    ``(VII) Sex.
                    ``(VIII) Race or ethnicity, using categories 
                developed in consultation with the Bureau of the Census 
                and the Director of the Institute of Education Sciences 
                that, to the greatest extent practicable, separately 
                capture the racial groups specified in the American 
                Community Survey of the Bureau of the Census.
                    ``(IX) State of legal residence and date of 
                residency.
                    ``(X) The following information on secondary school 
                completion:

                        ``(aa) Name and location of the high school 
                    from which the applicant received, or will receive 
                    prior to the period of enrollment for which aid is 
                    sought, a regular high school diploma;
                        ``(bb) name and location of the entity from 
                    which the applicant received, or will receive prior 
                    to the period of enrollment for which aid is 
                    sought, a recognized equivalent of a regular high 
                    school diploma; or
                        ``(cc) if the applicant completed or will 
                    complete prior to the period of enrollment for 
                    which aid is sought, a secondary school education 
                    in a home school setting that is treated as a home 
                    school or private school under State law.

                    ``(XI) Name of each institution where the applicant 
                intends to apply for enrollment or continue enrollment.
                    ``(XII) Year in school for period of enrollment for 
                which aid is sought, including whether applicant will 
                have finished first bachelor's degree prior to the 
                period of enrollment for which aid is sought.
                    ``(XIII) Whether one or both of the applicant's 
                parents attended college.
                    ``(XIV) Any required asset information, unless 
                exempt under section 479, in which the applicant shall 
                indicate--

                        ``(aa) the annual amount of child support 
                    received, if applicable; and
                        ``(bb) all required asset information not 
                    described in item (aa).

                    ``(XV) The number of members of the applicant's 
                family who will also be enrolled in an eligible 
                institution of higher education on at least a half-time 
                basis during the same enrollment period as the 
                applicant.
                    ``(XVI) If the applicant meets any of the following 
                designations:

                        ``(aa) Is an unaccompanied homeless youth, or 
                    is unaccompanied, at risk of homelessness, and 
                    self-supporting.
                        ``(bb) Is an emancipated minor.
                        ``(cc) Is in legal guardianship.
                        ``(dd) Has been a dependent ward of the court 
                    at any time since the applicant turned 13.
                        ``(ee) Has been in foster care at any time 
                    since the applicant turned 13.
                        ``(ff) Both parents have died since the 
                    applicant turned 13.
                        ``(gg) Is a veteran of the Armed Forces of the 
                    United States or is serving (on the date of the 
                    application) on active duty in the Armed Forces for 
                    other than training purposes.
                        ``(hh) Is under the age of 24 and has a 
                    dependent child or relative.
                        ``(ii) Does not have access to parental 
                    information due to an unusual circumstance 
                    described in section 480(d)(9).

                    ``(XVII) If the applicant receives or has received 
                any of the following means-tested Federal benefits 
                within the last two years:

                        ``(aa) The supplemental security income program 
                    under title XVI of the Social Security Act (42 
                    U.S.C. 1381 et seq.).
                        ``(bb) The supplemental nutrition assistance 
                    program under the Food and Nutrition Act of 2008 (7 
                    U.S.C. 2011 et seq.), a nutrition assistance 
                    program carried out under section 19 of such Act (7 
                    U.S.C. 2028), or a supplemental nutrition 
                    assistance program carried out under section 3(c) 
                    of the Act entitled `An Act to authorize 
                    appropriations for certain insular areas of the 
                    United States, and for other purposes' (Public Law 
                    95-348).
                        ``(cc) The free and reduced price school lunch 
                    program established under the Richard B. Russell 
                    National School Lunch Act (42 U.S.C. 1751 et seq.).
                        ``(dd) The program of block grants for States 
                    for temporary assistance for needy families 
                    established under part A of title IV of the Social 
                    Security Act (42 U.S.C. 601 et seq.).
                        ``(ee) The special supplemental nutrition 
                    program for women, infants, and children 
                    established by section 17 of the Child Nutrition 
                    Act of 1966 (42 U.S.C. 1786).
                        ``(ff) The Medicaid program under title XIX of 
                    the Social Security Act (42 U.S.C. 1396 et seq.).
                        ``(gg) Federal housing assistance programs, 
                    including tenant-based assistance under section 
                    8(o) of the United States Housing Act of 1937 (42 
                    U.S.C. 1437f(o)), and public housing, as defined in 
                    section 3(b)(1) of such Act (42 U.S.C. 
                    1437a(b)(1)).
                        ``(hh) Refundable credit for coverage under a 
                    qualified health plan under section 36B of the 
                    Internal Revenue Code of 1986.
                        ``(ii) The Earned Income Tax Credit under 
                    section 32 of the Internal Revenue Code of 1986.
                        ``(jj) Any other means-tested program 
                    determined by the Secretary to be appropriate.

                    ``(XVIII) If the applicant, or, if necessary, the 
                parents or spouse of the applicant, reported receiving 
                tax exempt payments from an individual retirement plan 
                (as defined in section 7701 of the Internal Revenue 
                Code of 1986) distribution or from pensions or 
                annuities on a Federal tax return, information as to 
                how much of the individual retirement plan distribution 
                or pension or annuity disbursement was a qualified 
                rollover.
                    ``(XIX) If the applicant, or, if necessary, the 
                parents or spouse of the applicant, reported receiving 
                foreign income that is exempt from Federal taxation or 
                for which a permanent resident of the United States or 
                United States citizen receives a foreign tax credit, 
                information regarding the amount of such foreign 
                income.
                    ``(XX) If the applicant, or, if applicable, the 
                parents or spouse of the applicant, elects to report 
                receiving college grant and scholarship aid included in 
                gross income on a Federal tax return described in 
                section 480(e)(2), information regarding the amount of 
                such aid

                ``(iii) Prohibition against requesting information more 
            than once.--Any information requested during the process of 
            creating an account for completing the free application 
            under this subsection, shall, to the fullest extent 
            possible, not be required a second time for the same award 
            year, or in a duplicative manner, when completing such free 
            application except in the case of an unusual situation, 
            such as a temporary inability to access an account for 
            completing such free application.
                ``(iv) Change in family size.--The Secretary shall 
            provide a process by which an applicant shall confirm the 
            accuracy of family size or update the family size with 
            respect to such applicant for purposes of determining the 
            need of such applicant for financial assistance under this 
            title based on a change in family size from the tax year 
            data used for such determination.
                ``(v) Single question for homeless status.--The 
            Secretary shall ensure that--

                    ``(I) on the form developed under this section for 
                which the information is applicable, there is a single, 
                easily understood screening question to identify an 
                applicant who is an unaccompanied homeless youth or is 
                unaccompanied, at risk of homelessness, and self-
                supporting; and
                    ``(II) such question is distinct from those 
                relating to an individual who does not have access to 
                parental income due to an unusual circumstance.

                ``(vi) Adjustments.--The Secretary shall disclose on 
            the FAFSA that the student may, on a case-by-case basis, 
            qualify for an adjustment under section 479A to the cost of 
            attendance or the values of the data items required to 
            calculate the student's eligibility for a Federal Pell 
            Grant or the student aid index for the student or parent.
            ``(C) Notification and approval of request for tax return 
        information.--The Secretary shall notify students and borrowers 
        who wish to submit an application for Federal student financial 
        aid under this title (as well as parents and spouses who must 
        sign such an application or request or a Master Promissory Note 
        on behalf of those students and borrowers) of the authority of 
        the Secretary to require that such persons affirmatively 
        approve that the Internal Revenue Service disclose their tax 
        return information as described in section 494.
            ``(D) Authorizations available to the applicant.--
                ``(i) Authorization to disclose fafsa information, 
            including a redisclosure of tax return information, to 
            institution, state higher education agency, and designated 
            scholarship organizations.--An applicant and, if necessary, 
            the parents or spouse of the applicant shall provide the 
            Secretary with authorization to disclose to an institution, 
            State higher education agency, and scholarship 
            organizations (designated (prior to the date of enactment 
            of the FUTURE Act (Public Law 116-91)) by the Secretary 
            under section 483(a)(3)(E)) as in effect on such date of 
            enactment, as specified by the applicant and in accordance 
            with section 494, in order for the applicant's eligibility 
            for Federal financial aid programs, State financial aid 
            programs, institutional financial aid programs, and 
            scholarship programs at scholarship organizations 
            (designated (prior to the date of enactment of the FUTURE 
            Act (Public Law 116-91)) by the Secretary under section 
            483(a)(3)(E)) as in effect on such date of enactment, to be 
            determined, the following:

                    ``(I) Information described under section 
                6103(l)(13) of the Internal Revenue Code of 1986.
                    ``(II) All information provided by the applicant on 
                the application described by this subsection to 
                determine the applicant's eligibility for Federal 
                financial aid under this title and for the application, 
                award, and administration of such Federal financial 
                aid, except the name of an institution to which an 
                applicant selects to redisclose information shall not 
                be disclosed to any other institution.

                ``(ii) Authorization to disclose to benefits 
            programs.--An applicant and, if necessary, the parents or 
            spouse of the applicant may provide the Secretary with 
            authorization to disclose to applicable agencies that 
            handle applications for means-tested Federal benefit 
            programs, as defined in section 479(b)(4)(H), all 
            information provided by the applicant on the application 
            described by this subsection as well as such applicant's 
            student aid index and scheduled Federal Pell Grant award to 
            assist in identification, outreach and application efforts 
            for the application, award, and administration of such 
            means-tested Federal benefits programs, except such 
            information shall not include Federal tax information as 
            specified in section 6103(l)(13)(C) of the Internal Revenue 
            Code of 1986.
            ``(E) Action by the secretary.--Upon receiving--
                ``(i) an application under this section, the Secretary 
            shall, as soon as practicable, perform the necessary 
            functions with the Commissioner of Internal Revenue to 
            calculate the applicant's student aid index and scheduled 
            award for a Federal Pell Grant, if applicable, assuming 
            full-time enrollment for an academic year, and note to the 
            applicant the assumptions relationship to the scheduled 
            award; and
                ``(ii) an authorization under subparagraph (D), the 
            Secretary shall, as soon as practicable, disclose the 
            information described under such subparagraph, as specified 
            by the applicant, in order for the applicant's eligibility 
            for Federal, State, or institutional student financial aid 
            programs or means-tested Federal benefit programs to be 
            estimated or determined.
            ``(F) Work study wages.--With respect to an applicant who 
        has received income earned from work under part C of this 
        title, the Secretary shall take the steps necessary to collect 
        information on the amount of such income for the purposes of 
        calculating such applicant's student aid index and scheduled 
        award for a Federal Pell Grant, if applicable, without adding 
        additional questions to the FAFSA, including by collecting such 
        information from institutions of higher education participating 
        in work-study programs under part C of this title.
        ``(3) Information to be supplied by the secretary of 
    education.--
            ``(A) In general.--Upon receiving and timely processing a 
        free application that contains the information described in 
        paragraph (2), the Secretary shall provide to the applicant the 
        following information based on full-time attendance for an 
        academic year:
                ``(i) The estimated dollar amount of a Federal Pell 
            Grant scheduled award for which the applicant is eligible 
            for such award year.
                ``(ii) Information on other types of Federal financial 
            aid for which the applicant may be eligible (including 
            situations in which the applicant could qualify for 150 
            percent of a scheduled Federal Pell Grant award and loans 
            made under this title) and how the applicant can find 
            additional information regarding such aid.
                ``(iii) Consumer-tested information regarding each 
            institution selected by the applicant in accordance with 
            paragraph (2)(B)(ii)(XI), which may include the following:

                    ``(I) The following information, as collected 
                through the Integrated Postsecondary Education Data 
                System or a successor Federal data system as designated 
                by the Secretary:

                        ``(aa) Net price by the income categories, as 
                    described under section 132(i)(6), and 
                    disaggregated by undergraduate and graduate 
                    programs, as applicable.
                        ``(bb) Graduation rate.
                        ``(cc) Retention rate.
                        ``(dd) Transfer rate, if available.

                    ``(II) Median debt of students upon completion.
                    ``(III) Institutional default rate, as calculated 
                under section 435.

                ``(iv) If the student is eligible for a student aid 
            index of less than or equal to zero under section 473, a 
            notification of the Federal means-tested benefits that they 
            have not already indicated they receive, but for which they 
            may be eligible, and relevant links and information on how 
            to apply for such benefits.
                ``(v) Information on education tax benefits described 
            in paragraphs (1) and (2) of section 25A(a) of the Internal 
            Revenue Code of 1986 or other applicable education tax 
            benefits determined in consultation with the Secretary of 
            the Treasury.
                ``(vi) If the individual identified as a veteran, or as 
            serving (on the date of the application) on active duty in 
            the Armed Forces for other than training purposes, 
            information on benefits administered by the Department of 
            Veteran Affairs or Department of Defense, respectively.
                ``(vii) If applicable, the applicant's current 
            outstanding balance of loans under this title.
            ``(B) Information provided to the state.--
                ``(i) In general.--The Secretary shall redisclose, with 
            authorization from the applicant in accordance with 
            paragraph (2)(D)(i), to a State higher education agency 
            administering State-based financial aid and serving the 
            applicant's State of residence, the information described 
            under section 6103(l)(13) of the Internal Revenue Code of 
            1986 and information described in paragraph (2)(B) for the 
            application, award, and administration of grants and other 
            student financial aid provided directly from the State to 
            be determined by such State. Such information shall include 
            the list of institutions provided by the applicant on the 
            application.
                ``(ii) Use of information.--A State agency 
            administering State-based financial aid--

                    ``(I) shall use the information provided under 
                clause (i) solely for the application, award, and 
                administration of State-based financial aid for which 
                the applicant is eligible;
                    ``(II) may use the information, except for the 
                information described under section 6103(l)(13) of the 
                Internal Revenue Code of 1986, for State agency 
                research that does not release any individually 
                identifiable information on any applicant to promote 
                college attendance, persistence, and completion;
                    ``(III) may use identifying information provided by 
                student applicants on the FAFSA to determine whether or 
                not a graduating secondary student has filed the 
                application in coordination with local educational 
                agencies or secondary schools to encourage students to 
                complete the application; and
                    ``(IV) may share the application information, 
                excluding the information described under section 
                6103(l)(13) of the Internal Revenue Code of 1986, with 
                any other entity, only if such applicant provides 
                explicit written consent of the applicant, except as 
                provided in subclause (III).

                ``(iii) Limitation on consent process.--A State may 
            provide a consent process whereby an applicant may elect to 
            share the information described in clause (i), except for 
            the information described in section 6103(l)(13) of the 
            Internal Revenue Code of 1986, through explicit written 
            consent to Federal, State, or local government agencies or 
            tribal organizations to assist such applicant in applying 
            for and receiving Federal, State, or local government 
            assistance, or tribal assistance for any component of the 
            applicant's cost of attendance that may include financial 
            assistance or non-monetary assistance.
                ``(iv) Prohibition.--Any entity that receives applicant 
            information under clause (iii) shall not sell, share, or 
            otherwise use applicant information other than for the 
            purposes outlined in clause (iii).
            ``(C) Use of information provided to the institution.--An 
        institution--
                ``(i) shall use the information provided to it solely 
            for the application, award, and administration of financial 
            aid to the applicant;
                ``(ii) may use the information provided, excluding the 
            information described under section 6013(l)(13) of the 
            Internal Revenue Code of 1986, for research that does not 
            release any individually identifiable information on any 
            applicant, to promote college attendance, persistence, and 
            completion; and
                ``(iii) shall not share such educational record 
            information with any other entity without the explicit 
            written consent of the applicant.
            ``(D) Prohibition.--Any entity that receives applicant 
        information under subparagraph (C)(iii) shall not sell, share, 
        or otherwise use applicant information other than for the 
        purposes outlined in subparagraph (C).
            ``(E) Fafsa information that includes tax return 
        information.--An applicant's FAFSA information that includes 
        return or return information as described in section 
        6103(l)(13) of the Internal Revenue Code of 1986 may be 
        disclosed or redisclosed (which shall include obtaining, 
        sharing, or discussing such information) only in accordance 
        with the procedures described in section 494.
        ``(4) Development of form and information exchange.--Prior to 
    the design of the free application under this subsection, the 
    Secretary shall, to the maximum extent practicable, on an annual 
    basis--
            ``(A) consult with stakeholders to gather information about 
        innovations and technology available to--
                ``(i) ensure an efficient and effective process;
                ``(ii) mitigate unintended consequences; and
                ``(iii) determine the best practices for outreach to 
            students and families during the transition to the 
            streamlined process for the determination of Federal 
            financial aid and Federal Pell Grant eligibility while 
            reducing the data burden on applicants and families; and
            ``(B) solicit public comments for the format of the free 
        application that provides for adequate time to incorporate 
        feedback prior to development of the application for the 
        succeeding award year.
        ``(5) No additional information requests permitted.--In 
    carrying out this subsection, the Secretary may not require 
    additional information to be submitted by an applicant (or the 
    parents or spouse of an applicant) for Federal financial aid 
    through other requirements or reporting, except as required under a 
    process or procedure exercised in accordance with the authority 
    under section 479A.
        ``(6) State-run programs.--
            ``(A) In general.--The Secretary shall conduct outreach to 
        States in order to research the benefits to students of States 
        relying solely on the student aid index, scheduled Pell Grant 
        Award, or the financial data made available, upon authorization 
        by the applicant, as a result of an application for aid under 
        this subsection for determining the eligibility of the 
        applicant for State provided financial aid.
            ``(B) Secretarial review.--If a State determines that there 
        is a need for additional data elements beyond those provided 
        pursuant to this subsection for determining the eligibility of 
        an applicant for State provided financial aid, the State shall 
        forward a list of those additional data elements determined 
        necessary, but not provided by virtue of the application under 
        this subsection, to the Secretary. The Secretary shall make 
        readily available to the public through the Department's 
        websites and other means--
                ``(i) a list of States that do not require additional 
            financial information separate from the Free Application 
            for Federal Student Aid and do not require asset 
            information from students who qualify for the exemption 
            from asset reporting under section 479 for the purposes of 
            awarding State scholarships and grant aid;
                ``(ii) a list of States that require asset information 
            from students who qualify for the exemption from asset 
            reporting under section 479 for the purposes of awarding 
            State scholarships and grant aid;
                ``(iii) a list of States that have indicated that they 
            require additional financial information separate from the 
            Free Application for Federal Student Aid for purposes of 
            awarding State scholarships and grant aid; and
                ``(iv) with the publication of the lists under this 
            subparagraph, information about additional resources 
            available to applicants, including links to such State 
            websites.
        ``(7) Institution-run financial aid.--
            ``(A) In general.--The Secretary shall conduct outreach to 
        institutions of higher education to describe the benefits to 
        students of relying solely on the student aid index, scheduled 
        Pell Grant Award, or the financial data made available, upon 
        authorization for release by the applicant, as a result of an 
        application for aid under this subsection for determining the 
        eligibility of the applicant for institutional financial aid. 
        The Secretary shall make readily available to the public 
        through its websites and other means--
                ``(i) a list of institutions that do not require 
            additional financial information separate from the Free 
            Application for Federal Student Aid and do not require 
            asset information from students who qualify for the 
            exemption from asset reporting under section 479 for the 
            purpose of awarding institution-run financial aid;
                ``(ii) a list of institutions that require asset 
            information from students who qualify for the exemption 
            from asset reporting under section 479 for the purpose of 
            awarding institution-run financial aid;
                ``(iii) a list of institutions that require additional 
            financial information separate from the Free Application 
            for Federal Student Aid for the purpose of awarding 
            institution-run financial aid; and
                ``(iv) with the publication of the list in clause 
            (iii), information about additional resources available to 
            applicants.
        ``(8) Security of data.--The Secretary shall, in consultation 
    with the Secretary of the Treasury--
            ``(A) take all necessary steps to safeguard the data 
        required to be transmitted for the purpose of this section 
        between Federal agencies and to States and institutions of 
        higher education and secure the transmittal of such data;
            ``(B) provide guidance to States and institutions of higher 
        education regarding their obligation to ensure the security of 
        the data provided under this section and section 6103 of the 
        Internal Revenue Code of 1986; and
            ``(C) provide guidance on the implementation of section 
        6103 of the Internal Revenue Code of 1986, including how it 
        intersects with the provisions of section 444 of the General 
        Education Provisions Act (commonly known as the `Family 
        Educational Rights and Privacy Act of 1974'), and any 
        additional consent processes that may be available to 
        applicants in accordance with the Internal Revenue Code of 1986 
        regarding sharing of Federal tax information.
        ``(9) Report to congress.--
            ``(A) In general.--Not later than 1 year after the date of 
        enactment of the FAFSA Simplification Act, the Secretary shall 
        report to the authorizing committees on the progress of the 
        Secretary in carrying out this subsection, including planning 
        and stakeholder consultation. Such report shall include--
                ``(i) benchmarks for implementation;
                ``(ii) entities and organizations that the Secretary 
            consulted;
                ``(iii) system requirements for such implementation and 
            how they will be addressed;
                ``(iv) any areas of concern and potential problem 
            issues uncovered that may hamper such implementation; and
                ``(v) solutions determined to address such issues.
            ``(B) Updates.--The Secretary shall provide updates to the 
        authorizing committees--
                ``(i) as to the progress and planning described in 
            subparagraph (A) prior to implementation of the revisions 
            to the Free Application for Federal Student Aid under this 
            subsection not less often than quarterly; and
                ``(ii) at least 6 months and 1 year after 
            implementation of the revisions to the Free Application for 
            Federal Student Aid.
    ``(b) Adjustments and Improvements.--
        ``(1) In general.--The Secretary shall disclose in a consumer-
    tested format, upon completion of the Free Application for Federal 
    Student Aid under this section, that the student may, on a case-by-
    case basis, qualify for an adjustment under section 479A to the 
    cost of attendance or the values of the data items required to 
    calculate the Federal Pell Grant or the need analysis for the 
    student or parent. Such disclosure shall specify--
            ``(A) examples of the special circumstances under which a 
        student or family member may qualify for such adjustment or 
        determination of independence; and
            ``(B) additional information regarding the steps a student 
        or family member may take in order to seek an adjustment under 
        section 479A.
        ``(2) Consumer testing.--
            ``(A) In general.--Not later than 9 months after the date 
        of enactment of the FAFSA Simplification Act, the Secretary 
        shall begin consumer testing the design of the Free Application 
        for Federal Student Aid under this section with prospective 
        first-generation college students, representatives of students 
        (including low-income students, English learners, first-
        generation college students, adult students, veterans, 
        servicemembers, and prospective students), students' families 
        (including low-income families, families with English learners, 
        families with first-generation college students, and families 
        with prospective students), institutions of higher education, 
        secondary school and postsecondary counselors, and nonprofit 
        consumer groups.
            ``(B) Updates.--For award year 2023-2024 and at least each 
        fourth succeeding award year thereafter, the Secretary shall 
        update the design of the Free Application for Federal Student 
        Aid based on additional consumer testing with the populations 
        described in subparagraph (A) in order to improve the usability 
        and accessibility of the application.
        ``(3) Accessibility of the fafsa.--The Secretary shall--
            ``(A) in conjunction with the Bureau of the Census, 
        determine the most common languages spoken by English learner 
        students and their parents in the United States;
            ``(B) develop and make publicly available versions of the 
        Free Application for Federal Student Aid form in not fewer than 
        11 of the most common languages determined under subparagraph 
        (A) and make such versions available and accessible to 
        applicants in paper and electronic formats; and
            ``(C) ensure that the Free Application for Federal Student 
        Aid is available in formats accessible to individuals with 
        disabilities and compliant with the most recent Web Content 
        Accessibility Guidelines, or successor guidelines.
        ``(4) Reapplication in a succeeding academic year.--In order to 
    streamline an applicant's experience in applying for financial aid, 
    the Secretary shall allow an applicant who electronically applies 
    for financial assistance under this title for an academic year 
    subsequent to an academic year for which such applicant applied for 
    financial assistance under this title to automatically 
    electronically import all of the applicant's (including parents', 
    guardians', or spouses', as applicable) identifying, demographic, 
    and school data from the previous application and to update such 
    information to reflect any circumstances that have changed.
        ``(5) Technology accessibility.--The Secretary shall make the 
    application under this section available through prevalent 
    technology. Such technology shall, at a minimum, enable applicants 
    to--
            ``(A) save data; and
            ``(B) submit the application under this title to the 
        Secretary through such technology.
        ``(6) Verification burden.--The Secretary shall--
            ``(A) to the maximum extent practicable, streamline and 
        simplify the process of verification for applicants for Federal 
        financial aid;
            ``(B) in establishing policies and procedures to verify 
        applicants' eligibility for Federal financial aid, consider--
                ``(i) the burden placed on low-income applicants;
                ``(ii) the risk to low-income applicants of failing to 
            complete the application, enroll in college, or complete a 
            postsecondary credential as a result of being selected for 
            verification;
                ``(iii) the effectiveness of the policies and 
            procedures in preventing overpayments; and
                ``(iv) the reasons for the source of any improper 
            payments; and
            ``(C) issue a public report not less often than annually 
        that includes the number and percentage of applicants subject 
        to verification, whether the applicants ultimately received 
        Federal financial aid disbursements, the extent to which the 
        student aid index changed for such applicants as a result of 
        verification, and the extent to which such applicants' 
        eligibility for Federal financial aid under this title changed.
        ``(7) Studies.--The Secretary shall periodically conduct 
    studies on--
            ``(A) whether the Free Application for Federal Student Aid 
        is a barrier to college enrollment by examining--
                ``(i) the effect of States requiring additional 
            information specified in clauses (ii) and (iii) of 
            subsection (a)(6)(B) on the determination of State 
            financial aid awards, including--

                    ``(I) how much financial aid awards would change if 
                the additional information were not required; and
                    ``(II) the number of students who started but did 
                not finish the Free Application for Federal Student 
                Aid, compared to the baseline year of 2021; and

                ``(ii) the number of students who--

                    ``(I) started a Free Application for Federal 
                Student Aid but did not receive financial assistance 
                under this title for the applicable academic year; and
                    ``(II) if available, did not enroll in an 
                institution of higher education in the applicable 
                academic year;

            ``(B) the most common barriers faced by applicants in 
        completing the Free Application for Federal Student Aid; and
            ``(C) the most common reasons that students and families do 
        not fill out the Free Applications for Federal Student Aid.
    ``(c) Data and Information.--
        ``(1) In general.--The Secretary shall publish data in a 
    publicly accessible manner--
            ``(A) annually on the total number of Free Applications for 
        Federal Student Aid submitted by application cycle, 
        disaggregated by demographic characteristics, type of 
        institution or institutions of higher education to which the 
        applicant applied, the applicant's State of legal residence, 
        and high school and public school district;
            ``(B) quarterly on the total number of Free Applications 
        for Federal Student Aid submitted by application cycle, 
        disaggregated by type of institution or institutions of higher 
        education to which the applicant applied, the applicant's State 
        of legal residence, and high school and public school district;
            ``(C) weekly on the total number of Free Applications for 
        Federal Student Aid submitted, disaggregated by high school and 
        public school district; and
            ``(D) annually on the number of individuals who apply for 
        federal financial aid pursuant to this section who indicated 
        that they are--
                ``(i) an unaccompanied homeless youth or unaccompanied, 
            at risk of homelessness, and self-supporting; or
                ``(ii) a foster care youth.
        ``(2) Contents.--The data described in paragraph (1)(D) with 
    respect to homeless youth shall include, at a minimum, for each 
    application cycle--
            ``(A) the total number of all applicants who were 
        determined to be individuals described in section 480(d)(8); 
        and
            ``(B) the number of applicants described in subparagraph 
        (A), disaggregated--
                ``(i) by State; and
                ``(ii) by the sources of determination as described in 
            section 479D(b).
        ``(3) Data sharing.--The Secretary may enter into data sharing 
    agreements with the appropriate Federal or State agencies to 
    conduct outreach regarding, and connect applicants directly with, 
    the means-tested Federal benefit programs described in subsection 
    (a)(2)(B)(ii)(XVII) for which the applicants may be eligible.
    ``(d) Ensuring Form Usability.--
        ``(1) Signature.--Notwithstanding any other provision of this 
    title, the Secretary may permit the Free Application for Federal 
    Student Aid to be submitted without a signature, if a signature is 
    subsequently submitted by the applicant, or if the applicant uses 
    an access device provided by the Secretary.
        ``(2) Free preparation authorized.--Notwithstanding any other 
    provision of this title, an applicant may use a preparer for 
    consultative or preparation services for the completion of the Free 
    Application for Federal Student Aid without charging a fee to the 
    applicant if the preparer--
            ``(A) includes, at the time the application is submitted to 
        the Department, the name, address or employer's address, social 
        security number or employer identification number, and 
        organizational affiliation of the preparer on the applicant's 
        form;
            ``(B) is subject to the same penalties as an applicant for 
        purposely giving false or misleading information in the 
        application;
            ``(C) clearly informs each individual upon initial contact, 
        that the Free Application for Federal Student Aid is a free 
        form that may be completed without professional assistance; and
            ``(D) does not produce, use, or disseminate any other form 
        for the purpose of applying for Federal financial aid other 
        than the Free Application for Federal Student Aid developed by 
        the Secretary under this section.
        ``(3) Charges to students and parents for use of forms 
    prohibited.--The need for and eligibility of a student for 
    financial assistance under this title may be determined only by 
    using the Free Application for Federal Student Aid developed by the 
    Secretary under this section. Such application shall be produced, 
    distributed, and processed by the Secretary, and no parent or 
    student shall be charged a fee by the Secretary, a contractor, a 
    third-party servicer or private software provider, or any other 
    public or private entity for the collection, processing, or 
    delivery of Federal financial aid through the use of such 
    application. No data collected on a form for which a fee is charged 
    shall be used to complete the Free Application for Federal Student 
    Aid prescribed under this section, except that a Federal or State 
    income tax form prepared by a paid income tax preparer or preparer 
    service for the primary purpose of filing a Federal or State income 
    tax return may be used to complete the Free Application for Federal 
    Student Aid prescribed under this section.
        ``(4) Application processing cycle.--The Secretary shall enable 
    applicants to submit a Free Application for Federal Student Aid 
    developed under this section and initiate the processing of such 
    application, not later than January 1 of the applicant's planned 
    year of enrollment, to the maximum extent practicable, on or around 
    October 1 prior to the applicant's planned year of enrollment.
        ``(5) Early estimates.--The Secretary shall maintain an 
    electronic method for applicants to enter income and family size 
    information to calculate a non-binding estimate of the applicant's 
    Federal financial aid available under this title and shall place 
    such calculator on a prominent location at the beginning of the 
    Free Application for Federal Student Aid.
        ``(6) Additional forms.--Notwithstanding any other provision of 
    this title, an institution may not condition the packaging or 
    receipt of Federal financial aid on the completion of additional 
    requests for financial information beyond the Free Application for 
    Federal Student Aid, unless such information is required for 
    verification, a determination of independence, or professional 
    judgement.''.
        (2) Reports.--Notwithstanding section 701(b) of this title, the 
    Secretary of Education shall have the authority to issue reports 
    and begin consumer testing prior to July 1, 2023, as provided in 
    the amendment made by paragraph (1).
    (n) Student Eligibility.--
        (1) Amendments.--
            (A) In general.--Section 484 of the Higher Education Act of 
        1965 (20 U.S.C. 1091) is amended--
                (i) by striking subsections (n) and (r);
                (ii) by redesignating subsections (o), (p), (s), and 
            (t), as subsections (n), (o), (q), and (r), respectively;
                (iii) by inserting between subsections (o) and (q), as 
            redesignated under clause (i), the following:
    ``(p) Use of Income Data With IRS.--The Secretary, in cooperation 
with the Secretary of the Treasury, shall fulfill the data transfer 
requirements under section 6103(l)(13) of the Internal Revenue Code of 
1986 and the procedure and requirements outlined in section 494.''; and
                (iv) by adding at the end the following:
    ``(s) Exception to Required Registration With the Selective Service 
System.--Notwithstanding section 12(f) of the Military Selective 
Service Act (50 U.S.C. 3811(f)), an individual shall not be ineligible 
for assistance or a benefit provided under this title if the individual 
is required under section 3 of such Act (50 U.S.C. 3802) to present 
himself for and submit to registration under such section and fails to 
do so in accordance with any proclamation issued under such section, or 
in accordance with any rule or regulation issued under such section.
    ``(t) Confined or Incarcerated Individuals.--
        ``(1) Definitions.--In this subsection:
            ``(A) Confined or incarcerated individual.--The term 
        `confined or incarcerated individual'--
                ``(i) means an individual who is serving a criminal 
            sentence in a Federal, State, or local penal institution, 
            prison, jail, reformatory, work farm, or other similar 
            correctional institution; and
                ``(ii) does not include an individual who is in a 
            halfway house or home detention or is sentenced to serve 
            only weekends.
            ``(B) Prison education program.--The term `prison education 
        program' means an education or training program that--
                ``(i) is an eligible program under this title offered 
            by an institution of higher education (as defined in 
            section 101 or 102(a)(1)(B));
                ``(ii) is offered by an institution that has been 
            approved to operate in a correctional facility by the 
            appropriate State department of corrections or other entity 
            that is responsible for overseeing correctional facilities, 
            or by the Bureau of Prisons;
                ``(iii) has been determined by the appropriate State 
            department of corrections or other entity that is 
            responsible for overseeing correctional facilities, or by 
            the Bureau of Prisons, to be operating in the best interest 
            of students, the determination of which shall be made by 
            the State department of corrections or other entity or by 
            the Bureau of Prisons, respectively, and may be based on--

                    ``(I) rates of confined or incarcerated individuals 
                continuing their education post-release;
                    ``(II) job placement rates for such individuals;
                    ``(III) earnings for such individuals;
                    ``(IV) rates of recidivism for such individuals;
                    ``(V) the experience, credentials, and rates of 
                turnover or departure of instructors;
                    ``(VI) the transferability of credits for courses 
                available to confined or incarcerated individuals and 
                the applicability of such credits toward related degree 
                or certificate programs; or
                    ``(VII) offering relevant academic and career 
                advising services to participating confined or 
                incarcerated individuals while they are confined or 
                incarcerated, in advance of reentry, and upon release;

                ``(iv) offers transferability of credits to at least 1 
            institution of higher education (as defined in section 101 
            or 102(a)(1)(B)) in the State in which the correctional 
            facility is located, or, in the case of a Federal 
            correctional facility, in the State in which most of the 
            individuals confined or incarcerated in such facility will 
            reside upon release;
                ``(v) is offered by an institution that has not been 
            subject, during the 5 years preceding the date of the 
            determination, to--

                    ``(I) any suspension, emergency action, or 
                termination of programs under this title;
                    ``(II) any adverse action by the institution's 
                accrediting agency or association; or
                    ``(III) any action by the State to revoke a license 
                or other authority to operate;

                ``(vi) satisfies any applicable educational 
            requirements for professional licensure or certification, 
            including licensure or certification examinations needed to 
            practice or find employment in the sectors or occupations 
            for which the program prepares the individual, in the State 
            in which the correctional facility is located or, in the 
            case of a Federal correctional facility, in the State in 
            which most of the individuals confined or incarcerated in 
            such facility will reside upon release; and
                ``(vii) does not offer education that is designed to 
            lead to licensure or employment for a specific job or 
            occupation in the State if such job or occupation typically 
            involves prohibitions on the licensure or employment of 
            formerly incarcerated individuals in the State in which the 
            correctional facility is located, or, in the case of a 
            Federal correctional facility, in the State in which most 
            of the individuals confined or incarcerated in such 
            facility will reside upon release.
        ``(2) Technical assistance.--The Secretary, in collaboration 
    with the Attorney General, shall provide technical assistance and 
    guidance to the Bureau of Prisons, State departments of 
    corrections, and other entities that are responsible for overseeing 
    correctional facilities in making determinations under paragraph 
    (1)(B)(iii).
        ``(3) Federal pell grant eligibility.--Notwithstanding 
    subsection (a), in order for a confined or incarcerated individual 
    who otherwise meets the eligibility requirements of this title to 
    be eligible to receive a Federal Pell Grant under section 401, the 
    individual shall be enrolled or accepted for enrollment in a prison 
    education program.
        ``(4) Evaluation.--
            ``(A) In general.--Not later than 1 year after the date of 
        enactment of the FAFSA Simplification Act, in order to evaluate 
        and improve the impact of activities supported under this 
        subsection, the Secretary, in partnership with the Director of 
        the Institute of Education Sciences, shall award 1 or more 
        grants or contracts to, or enter into cooperative agreements 
        with, experienced public and private institutions and 
        organizations to enable the institutions and organizations to 
        conduct an external evaluation that shall--
                ``(i) assess the ability of confined or incarcerated 
            individuals to access and complete the Free Application for 
            Federal Student Aid;
                ``(ii) examine in-custody outcomes and post-release 
            outcomes related to providing Federal Pell Grants to 
            confined or incarcerated individuals, including--

                    ``(I) attainment of a postsecondary degree or 
                credential;
                    ``(II) safety in penal institutions with prison 
                education programs;
                    ``(III) the size of waiting lists for prison 
                education programs;
                    ``(IV) the extent to which such individuals 
                continue their education post-release;
                    ``(V) employment and earnings outcomes for such 
                individuals; and
                    ``(VI) rates of recidivism for such individuals;

                ``(iii) track individuals who received Federal Pell 
            Grants under subpart 1 of part A at 1, 3, and 5 years after 
            the individuals' release from confinement or incarceration; 
            and
                ``(iv) examine the extent to which institutions provide 
            re-entry or relevant career services to participating 
            confined or incarcerated individuals as part of the prison 
            education program and the efficacy of such services, if 
            offered.
            ``(B) Report.--Beginning not later than 1 year after the 
        Secretary awards the grant, contract, or cooperative agreement 
        described in subparagraph (A) and annually thereafter, each 
        institution of higher education operating a prison education 
        program under this subsection shall submit a report to the 
        Secretary on activities assisted and students served under this 
        subsection, which shall include the information, as applicable, 
        contained in clauses (i) through (iv) of subparagraph (A).
        ``(5) Report.--Not later than 1 year after the date of 
    enactment of the FAFSA Simplification Act and on at least an annual 
    basis thereafter, the Secretary shall submit to the authorizing 
    committees, and make publicly available on the website of the 
    Department, a report on the--
            ``(A) impact of this subsection which shall include, at a 
        minimum--
                ``(i) the names and types of institutions of higher 
            education offering prison education programs at which 
            confined or incarcerated individuals are enrolled and 
            receiving Federal Pell Grants;
                ``(ii) the number of confined or incarcerated 
            individuals receiving Federal Pell Grants through each 
            prison education program;
                ``(iii) the amount of Federal Pell Grant expenditures 
            for each prison education program;
                ``(iv) the average amount of Federal Pell Grant 
            expenditures per full-time equivalent students in a prison 
            education program compared to the average amount of Federal 
            Pell Grant expenditures per full-time equivalent students 
            not in prison education programs;
                ``(v) the demographics of confined or incarcerated 
            individuals receiving Federal Pell Grants;
                ``(vi) the cost of attendance for such individuals;
                ``(vii) the mode of instruction (such as distance 
            education, in-person instruction, or a combination of such 
            modes) for each prison education program;
                ``(viii) information on the academic outcomes of such 
            individuals (such as credits attempted and earned, and 
            credential and degree completion) and any information 
            available from student satisfaction surveys conducted by 
            the applicable institution or correctional facility;
                ``(ix) information on post-release outcomes of such 
            individuals, including, to the extent practicable, 
            continued postsecondary enrollment, earnings, credit 
            transfer, and job placement;
                ``(x) rates of recidivism for confined or incarcerated 
            individuals receiving Federal Pell Grants;
                ``(xi) information on transfers of confined or 
            incarcerated individuals between prison education programs;
                ``(xii) the most common programs and courses offered in 
            prison education programs; and
                ``(xiii) rates of instructor turnover or departure for 
            courses offered in prison education programs;
            ``(B) results of each prison education program at each 
        institution of higher education, including the information 
        described in clauses (ii) through (xiii) of subparagraph (A); 
        and
            ``(C) findings regarding best practices with respect to 
        prison education programs.''.
            (B) Conforming amendment.--Section 428B(f)(2) of the Higher 
        Education Act of 1965 (20 U.S.C. 1078-2(f)(2)) is amended by 
        striking ``section 484(p)'' and inserting ``section 484(o)''.
            (C) Institutional and financial assistance information for 
        students.--Section 485 of the Higher Education Act of 1965 (20 
        U.S.C. 1092) is amended by repealing subsection (k).
        (2) Early effective date permitted.--Notwithstanding section 
    701(b) of this Act, sections 401(b)(6) and 484(r) of the Higher 
    Education Act of 1965 (20 U.S.C. 1070a(b)(6); 1091(r)) as in effect 
    on the date of enactment of this Act, and section 12(f) of the 
    Military Selective Service Act (50 U.S.C. 3811(f)), the Secretary 
    of Education may implement the amendments made by paragraph (1) of 
    this subsection before (but not later than) July 1, 2023. The 
    Secretary shall specify in a designation on what date, under what 
    conditions, and for which award years the Secretary will implement 
    such amendments prior to July 1, 2023. The Secretary shall publish 
    any designation under this paragraph in the Federal Register at 
    least 60 days before implementation.
    (o) Early Awareness of Financial Aid Eligibility.--Section 485E of 
the Higher Education Act of 1965 (20 U.S.C. 1092f) is amended to read 
as follows:
``SEC. 485E. EARLY AWARENESS AND OUTREACH OF FINANCIAL AID ELIGIBILITY.
    ``(a) In General.--The Secretary shall implement early outreach 
activities in order to provide prospective students and their families 
with information about financial aid and estimates of financial aid. 
Such early outreach activities shall include the activities described 
in subsections (b), (c), and (d).
    ``(b) Pell Grant Early Awareness Estimates.--
        ``(1) In general.--The Secretary shall produce a consumer-
    tested method of estimating student eligibility for Federal Pell 
    Grants under section 401(b) utilizing the variables of family size 
    and adjusted gross income, presented in electronic format. There 
    shall be a method for students to indicate whether they are, or 
    will be in--
            ``(A) a single-parent household;
            ``(B) a household with two parents; or
            ``(C) a household with no children or dependents.
        ``(2) Consumer testing.--
            ``(A) In general.--The method of estimating eligibility 
        described in paragraph (1) shall be consumer tested with 
        prospective first-generation students and families as well as 
        low-income individuals and families.
            ``(B) Updates.--For award year 2023-2024 and each fourth 
        succeeding award year thereafter, the design of the method of 
        estimating eligibility shall be updated based on additional 
        consumer testing with the populations described in subparagraph 
        (A).
        ``(3) Distribution.--The method of estimating eligibility 
    described in paragraph (1) shall be--
            ``(A) made publicly and prominently available on the 
        Department's website; and
            ``(B) actively shared by the Secretary with--
                ``(i) institutions of higher education participating in 
            programs under this title;
                ``(ii) all middle and secondary schools eligible for 
            funds under part A of title I of the Elementary and 
            Secondary Education Act of 1965;
                ``(iii) local educational agencies and middle schools 
            and high schools that serve students not less than 25 
            percent of whom meet a measure of poverty as described in 
            section 1113(a)(5) of the Elementary and Secondary 
            Education Act of 1965; and
                ``(iv) agencies responsible for administering means-
            tested Federal benefit programs, as defined in section 
            479(b)(4)(H).
        ``(4) Electronic estimator on fafsa.--In accordance with 
    subsection (d)(5) of section 483, the Secretary shall maintain an 
    electronic method for applicants to enter income and family size, 
    and level of education sought information to calculate a non-
    binding estimate (which may include a range, ceiling, or minimum) 
    of the applicant's Federal financial aid available under this title 
    and shall place such calculator on a prominent location on the 
    FAFSA website and in a manner that encourages students to fill out 
    the FAFSA.
    ``(c) Early Awareness Plans.--The Secretary shall establish and 
implement early awareness and outreach plans to provide early 
information about the availability of Federal financial aid and 
estimates of prospective students' eligibility for Federal financial 
aid as well as to promote the attainment of postsecondary education 
specifically among prospective first-generation students and families 
as well as low-income individuals and families, as follows:
        ``(1) Outreach plans for low-income families.--
            ``(A) In general.--The Secretary shall develop plans for 
        each population described in this subparagraph to disseminate 
        information about the availability of Federal financial aid 
        under this title, in addition to and in coordination with the 
        distribution of the method of estimating eligibility under 
        subsection (b), to--
                ``(i) all middle schools and secondary schools eligible 
            for funds under part A of title I of the Elementary and 
            Secondary Education Act of 1965;
                ``(ii) local educational agencies and middle schools 
            and high schools that serve students not less than 25 
            percent of whom meet a measure of poverty as described in 
            section 1113(a)(5) of the Elementary and Secondary 
            Education Act;
                ``(iii) households receiving assistance under the 
            supplemental nutrition assistance program established under 
            the Food and Nutrition Act of 2008 (7 U.S.C. 2011 et seq.); 
            and
                ``(iv) agencies responsible for administering means-
            tested Federal benefit programs, as defined in section 
            479(b)(4)(H).
            ``(B) Content of plans.--The plans described in paragraph 
        (A) shall--
                ``(i) provide students and their families with 
            information on--

                    ``(I) the availability of the College Scorecard or 
                any similar successor website;
                    ``(II) the electronic estimates of financial aid 
                available under subsection (b);
                    ``(III) Federal financial aid available to 
                students, including eligibility criteria for the 
                Federal financial aid and an explanation of the Federal 
                financial aid programs (including applicable Federal 
                educational tax credits); and
                    ``(IV) resources that can inform students of 
                financial aid that may be available from state-based 
                financial aid, state-based college savings programs, 
                and scholarships and other non-governmental sources;

                ``(ii) describe how the dissemination of information 
            will be conducted by the Secretary.
            ``(C) Reporting and updates.--The Secretary shall post the 
        information about the plans under subparagraph (A) and 
        associated goals publicly on the Department's website. On an 
        annual basis, the Secretary shall report qualitative and 
        quantitative outcomes regarding the implementation of the plans 
        under subparagraph (A). The Secretary shall review and update 
        such plans not less often than every 4 award years with the 
        goal of progressively increasing the impact of the activities 
        under this paragraph.
            ``(D) Partnership.--The Secretary may partner with States, 
        State systems of higher education, institutions of higher 
        education, or college access organizations to carry out this 
        paragraph.
        ``(2) Interagency coordination plans.--
            ``(A) In general.--The Secretary shall develop interagency 
        coordination plans in order to inform more students and 
        families, including low-income individuals or families and 
        recipients of means-tested Federal benefits, about the 
        availability of Federal financial aid under this title through 
        participation in existing Federal programs or tax benefits that 
        serve low-income individuals or families, in coordination with 
        the following Secretaries:
                ``(i) The Secretary of the Treasury.
                ``(ii) The Secretary of Labor.
                ``(iii) The Secretary of Health and Human Services.
                ``(iv) The Secretary of Agriculture.
                ``(v) The Secretary of Housing and Urban Development.
                ``(vi) The Secretary of Commerce.
                ``(vii) The Secretary of Veterans Affairs.
                ``(viii) The Secretary of the Interior.
            ``(B) Process, activities, and goals.--Each interagency 
        coordination plan under subparagraph (A) shall--
                ``(i) identify opportunities in which low-income 
            individuals and families could be informed of the 
            availability of Federal financial aid under this title 
            through access to other Federal programs that serve low-
            income individuals and families;
                ``(ii) identify methods to effectively inform low-
            income individuals and families of the availability of 
            Federal financial aid for postsecondary education under 
            this title and assist such individuals in completing the 
            Free Application for Federal Student Aid;
                ``(iii) develop early awareness and FAFSA completion 
            activities that align with the opportunities and methods 
            identified under clauses (i) and (ii);
                ``(iv) establish goals regarding the effects of the 
            activities to be implemented under clause (iii); and
                ``(v) provide information on how students and families 
            can maintain access to Federal programs that serve low-
            income individuals and families operated by the agencies 
            identified under subsection (A) while attending an 
            institution of higher education.
            ``(C) Plan with secretary of the treasury.--The interagency 
        coordination plan under subparagraph (A)(i) between the 
        Secretary and the Secretary of the Treasury shall further 
        include specific methods to increase the application for 
        Federal financial aid under this title from individuals who 
        file Federal tax returns, including collaboration with tax 
        preparation entities or other third parties, as appropriate.
            ``(D) Reporting and updates.--The Secretary shall post the 
        information about the interagency coordination plans under this 
        paragraph and associated goals publicly on the Department's 
        website. The plans shall have the goal of progressively 
        increasing the impact of the activities under this paragraph by 
        increasing the number of low-income applicants for, and 
        recipients of, Federal financial aid. The plans shall be 
        updated not less than once every 4 years.
        ``(3) Nationwide participation in early awareness plans.--
            ``(A) In general.--The Secretary shall solicit voluntary 
        public commitments from entities, such as States, State systems 
        of higher education, institutions of higher education, and 
        other interested organizations, to carry out early awareness 
        plans, which shall include goals, to--
                ``(i) notify prospective and existing students who are 
            low-income individuals and families about their eligibility 
            for Federal aid under this title, as well as State-based 
            financial aid, if applicable, on an annual basis;
                ``(ii) increase the number of prospective and current 
            students who are low-income individuals and families filing 
            the Free Application for Federal Student Aid; and
                ``(iii) increase the number of prospective and current 
            students who are low-income individuals and families 
            enrolling in postsecondary education.
            ``(B) Reporting and updates.--Each entity that makes a 
        voluntary public commitment to carry out an early awareness 
        plan may submit quantitative and qualitative data based on the 
        entity's progress toward the goals of the plan annually prior 
        to a date selected by the Secretary.
            ``(C) Early awareness champions.--Based on data submitted 
        by entities, the Secretary shall select and designate entities 
        submitting public commitments, plans, and goals, as Early 
        Awareness Champions on an annual basis. Those entities 
        designated as Early Awareness Champions shall provide one or 
        more case studies regarding the activities the entity undertook 
        under this paragraph which shall be made public by the 
        Secretary on the Department of Education website to promote 
        best practices.
    ``(d) Public Awareness Campaign.--
        ``(1) In general.--The Secretary shall develop and implement a 
    public awareness campaign designed using current and relevant 
    independent research regarding strategies and media platforms found 
    to be most effective in communicating with low-income populations 
    in order to increase national awareness regarding the availability 
    of Federal Pell Grants and financial aid under this title and, at 
    the option of the Secretary, potential availability of state need-
    based financial aid.
        ``(2) Coordination.--The public awareness campaign described in 
    paragraph (1) shall leverage the activities in subsections (b) and 
    (c) to highlight eligibility among low-income populations. In 
    developing and implementing the campaign, the Secretary may work in 
    coordination with States, institutions of higher education, early 
    intervention and outreach programs under this title, other Federal 
    agencies, agencies responsible for administering means-tested 
    Federal benefit programs (as defined in section 479(b)(4)(H)), 
    organizations involved in college access and student financial aid, 
    secondary schools, local educational agencies, public libraries, 
    community centers, businesses, employers, workforce investment 
    boards, and organizations that provide services to individuals who 
    are or were homeless, in foster care, or are disconnected youth.
        ``(3) Reporting.--The Secretary shall report on the success of 
    the public awareness campaign described in paragraph (1) annually 
    regarding the extent to which the public and target populations 
    were reached using data commonly used to evaluate advertising and 
    outreach campaigns and data regarding whether the campaign produced 
    any increase in applicants for Federal aid under this title 
    publicly on the Department of Education website.''.
    (p) Procedure and Requirements for Requesting Tax Return 
Information From the Internal Revenue Service.--Section 494(a)(1) of 
the Higher Education Act of 1965 (20 U.S.C. 1098h(a)(1)) is amended--
        (1) in subparagraph (A)(ii), by striking ``and'' after the 
    semicolon;
        (2) in subparagraph (B), by striking the period at the end and 
    inserting ``; and''; and
        (3) by adding at the end the following:
            ``(C) if an individual is pursuing provisional independent 
        student status due to an unusual circumstance, as described in 
        section 479A and provided for in section 479D, require such 
        individual to provide an affirmative approval under 
        subparagraph (B), but not require a parent of such individual 
        to provide an affirmative approval under subparagraph (B).''.
    SEC. 703. FEDERAL PELL GRANTS: AMOUNT AND DETERMINATIONS; 
      APPLICATIONS.
    Section 401 of the Higher Education Act of 1965 (20 U.S.C. 1070a) 
is amended to read as follows:
    ``SEC. 401. FEDERAL PELL GRANTS: AMOUNT AND DETERMINATIONS; 
      APPLICATIONS.
    ``(a) Purpose; Definitions.--
        ``(1) Purpose.--The purpose of this subpart is to provide a 
    Federal Pell Grant to low-income students.
        ``(2) Definitions.--In this section--
            ``(A) the term `adjusted gross income' means--
                ``(i) in the case of a dependent student, the adjusted 
            gross income (as defined in section 62 of the Internal 
            Revenue Code of 1986) of the student's parents in the 
            second tax year preceding the academic year; and
                ``(ii) in the case of an independent student, the 
            adjusted gross income (as defined in section 62 of the 
            Internal Revenue Code of 1986) of the student (and the 
            student's spouse, if applicable) in the second tax year 
            preceding the academic year;
            ``(B) the term `family size' has the meaning given the term 
        in section 480(k);
            ``(C) the term `poverty line' means the poverty line (as 
        determined under the poverty guidelines updated periodically in 
        the Federal Register by the Department of Health and Human 
        Services under the authority of section 673(2) of the Community 
        Services Block Grant Act (42 U.S.C. 9902(2))) applicable to the 
        student's family size and applicable to the second tax year 
        preceding the academic year;
            ``(D) the term `single parent' means--
                ``(i) a parent of a dependent student who was a head of 
            household (as defined in section 2(b) of the Internal 
            Revenue Code of 1986) or a surviving spouse (as defined in 
            section 2(a) of the Internal Revenue Code of 1986) or was 
            an eligible individual for purposes of the credit under 
            section 32 of such Code, in the second tax year preceding 
            the academic year; or
                ``(ii) an independent student who is a parent and was a 
            head of household (as defined in section 2(b) of the 
            Internal Revenue Code of 1986) or a surviving spouse (as 
            defined in section 2(a) of the Internal Revenue Code of 
            1986) or was an eligible individual for purposes of the 
            credit under section 32 of such Code, in the second tax 
            year preceding the academic year;
            ``(E) the term `total maximum Federal Pell Grant' means the 
        total maximum Federal Pell Grant award per student for any 
        academic year described under subsection (b)(5); and
            ``(F) the term `minimum Federal Pell Grant' means the 
        minimum amount of a Federal Pell Grant that shall be awarded to 
        a student for any academic year in which that student is 
        attending full time, which shall be equal to 10 percent of the 
        total maximum Federal Pell Grant for such academic year.
    ``(b) Amount and Distribution of Grants.--
        ``(1) Determination of amount of a federal pell grant.--Subject 
    to paragraphs (2) and (3), the amount of a Federal Pell Grant for a 
    student shall be determined in accordance with the following:
            ``(A) A student shall be eligible for a total maximum 
        Federal Pell Grant for an academic year in which the student is 
        enrolled in an eligible program full time--
                ``(i) if the student (and the student's spouse, if 
            applicable), or, in the case of a dependent student, the 
            dependent student's parents (or single parent), is not 
            required to file a Federal income tax return in the second 
            year preceding the academic year;
                ``(ii) if the student or, in the case of a dependent 
            student, the dependent student's parent, is a single 
            parent, and the adjusted gross income is greater than zero 
            and equal to or less than 225 percent of the poverty line; 
            or
                ``(iii) if the student or, in the case of a dependent 
            student, the dependent student's parent, is not a single 
            parent, and the adjusted gross income is greater than zero 
            and equal to or less than 175 percent of the poverty line.
            ``(B) A student who is not eligible for a total maximum 
        Federal Pell Grant under subparagraph (A) for an academic year, 
        shall be eligible for a Federal Pell Grant for an academic year 
        in which the student is enrolled in an eligible program full 
        time if such student's student aid index in such award year is 
        less than the total maximum Federal Pell Grant for that award 
        year. The amount of the Federal Pell Grant for a student 
        eligible under this subparagraph shall be--
                ``(i) the total maximum Federal Pell Grant as 
            calculated under paragraph (5)(A) for that year, less
                ``(ii) an amount equal to the amount determined to be 
            the student aid index with respect to that student for that 
            year, except that a student aid index of less than zero 
            shall be considered to be zero for the purposes of this 
            clause,
        rounded to the nearest $5, except that a student eligible for 
        less than the minimum Federal Pell Grant as defined in section 
        (a)(2)(F) shall not be eligible for an award.
            ``(C) A student who is not eligible for a Federal Pell 
        Grant under subparagraph (A) or (B) shall be eligible for the 
        minimum Federal Pell Grant for an academic year in which the 
        student is enrolled in an eligible program full time--
                ``(i) in the case of a dependent student--

                    ``(I) if the student's parent is a single parent, 
                and the adjusted gross income is equal to or less than 
                325 percent of the poverty line; or
                    ``(II) if the student's parent is not a single 
                parent, and the adjusted gross income is equal to or 
                less than 275 percent of the poverty line; or

                ``(ii) in the case of an independent student--

                    ``(I) if the student is a single parent, and the 
                adjusted gross income is equal to or less than 400 
                percent of the poverty line;
                    ``(II) if the student is a parent and is not a 
                single parent, and the adjusted gross income is equal 
                to or less than 350 percent of the poverty line; or
                    ``(III) if the student is not a parent, and the 
                adjusted gross income is equal to or less than 275 
                percent of the poverty line.

            ``(D) A student eligible for the total maximum Federal Pell 
        Grant under subparagraph (A) who has (or whose spouse or 
        parent, as applicable based on whose information is used under 
        such subparagraph, has) foreign income that would, if added to 
        adjusted gross income, result in the student no longer being 
        eligible for such total maximum Federal Pell Grant, shall not 
        be provided a Federal Pell Grant until the student aid 
        administrator evaluates the student's FAFSA and makes a 
        determination regarding whether it is appropriate to make an 
        adjustment under section 479A(b)(1)(B)(v) to account for such 
        foreign income when determining the student's eligibility for 
        such total maximum Federal Pell Grant.
            ``(E) With respect to a student who is not eligible for the 
        total maximum Federal Pell Grant under subparagraph (A) or a 
        minimum Federal Pell Grant under subparagraph (C), the 
        Secretary shall subtract from the student or parents' adjusted 
        gross income, as applicable based on whose income is used for 
        the Federal Pell Grant calculation, the sum of the following 
        for the individual whose income is so used, and consider such 
        difference the adjusted gross income for purposes of 
        determining the student's eligibility for such Federal Pell 
        Grant award under such subparagraph:
                ``(i) If the applicant, or, if applicable, the parents 
            or spouse of the applicant, elects to report receiving 
            college grant and scholarship aid included in gross income 
            on a Federal tax return described in section 480(e)(2), the 
            amount of such aid.
                ``(ii) Income earned from work under part C of this 
            title.
        ``(2) Less than full-time enrollment.--In any case where a 
    student is enrolled in an eligible program of an institution of 
    higher education on less than a full-time basis (including a 
    student who attends an institution of higher education on less than 
    a half-time basis) during any academic year, the amount of the 
    Federal Pell Grant to which that student is entitled shall be 
    reduced in direct proportion to the degree to which that student is 
    not so enrolled on a full-time basis, rounded to the nearest whole 
    percentage point, as provided in a schedule of reductions published 
    by the Secretary computed in accordance with this subpart. Such 
    schedule of reductions shall be published in the Federal Register 
    in accordance with section 482. Such reduced Federal Pell Grant for 
    a student enrolled on a less than full-time basis shall also apply 
    proportionally to students who are otherwise eligible to receive 
    the minimum Federal Pell Grant, if enrolled full-time.
        ``(3) Award may not exceed cost of attendance.--No Federal Pell 
    Grant under this subpart shall exceed the cost of attendance (as 
    defined in section 472) at the institution at which that student is 
    in attendance. If, with respect to any student, it is determined 
    that the amount of a Federal Pell Grant for that student exceeds 
    the cost of attendance for that year, the amount of the Federal 
    Pell Grant shall be reduced until the Federal Pell Grant does not 
    exceed the cost of attendance at such institution.
        ``(4) Study abroad.--Notwithstanding any other provision of 
    this subpart, the Secretary shall allow the amount of the Federal 
    Pell Grant to be exceeded for students participating in a program 
    of study abroad approved for credit by the institution at which the 
    student is enrolled when the reasonable costs of such program are 
    greater than the cost of attendance at the student's home 
    institution, except that the amount of such Federal Pell Grant in 
    any fiscal year shall not exceed the maximum amount of a Federal 
    Pell Grant for which a student is eligible under paragraph (1) or 
    (2) during such award year. If the preceding sentence applies, the 
    financial aid administrator at the home institution may use the 
    cost of the study abroad program, rather than the home 
    institution's cost, to determine the cost of attendance of the 
    student.
        ``(5) Total maximum federal pell grant.--
            ``(A) In general.--For award year 2023-2024, and each 
        subsequent award year, the total maximum Federal Pell Grant 
        award per student shall be equal to the sum of--
                ``(i) $1,060; and
                ``(ii) the amount specified as the maximum Federal Pell 
            Grant in the last enacted appropriation Act applicable to 
            that award year.
            ``(B) Rounding.--The total maximum Federal Pell Grant for 
        any award year shall be rounded to the nearest $5.
        ``(6) Funds by fiscal year.--
            ``(A) In general.--To carry out this section--
                ``(i) there are authorized to be appropriated and are 
            appropriated (in addition to any other amounts appropriated 
            to carry out this section and out of any money in the 
            Treasury not otherwise appropriated) such sums as are 
            necessary to carry out paragraph (5)(A)(i) for fiscal year 
            2023 and each subsequent fiscal year; and
                ``(ii) such sums as may be necessary are authorized to 
            be appropriated to carry out paragraph (5)(A)(ii) for each 
            of the fiscal years 2023 through 2033.
            ``(B) Availability of funds.--The amounts made available by 
        subparagraph (A) for any fiscal year shall be available 
        beginning on October 1 of that fiscal year, and shall remain 
        available through September 30 of the succeeding fiscal year.
        ``(7) Appropriation.--
            ``(A) In general.--In addition to any funds appropriated 
        under paragraph (6) and any funds made available for this 
        section under any appropriations Act, there are authorized to 
        be appropriated, and there are appropriated (out of any money 
        in the Treasury not otherwise appropriated) to carry out this 
        section, $1,170,000,000 for fiscal year 2023 and each 
        subsequent award year.
            ``(B) No effect on previous appropriations.--The amendments 
        made to this section by the FAFSA Simplification Act shall 
        not--
                ``(i) increase or decrease the amounts that have been 
            appropriated or are available to carry out this section for 
            fiscal year 2017, 2018, 2019, 2020, 2021, or 2022 as of the 
            day before the effective date of such Act; or
                ``(ii) extend the period of availability for obligation 
            that applied to any such amount, as of the day before such 
            effective date.
            ``(C) Availability of funds.--The amounts made available by 
        this paragraph for any fiscal year shall be available beginning 
        on October 1 of that fiscal year, and shall remain available 
        through September 30 of the succeeding fiscal year.
        ``(8) Method of distribution.--
            ``(A) In general.--For each fiscal year through fiscal year 
        2033, the Secretary shall pay to each eligible institution such 
        sums as may be necessary to pay each eligible student for each 
        academic year during which that student is in attendance at an 
        institution of higher education as an undergraduate, a Federal 
        Pell Grant in the amount for which that student is eligible.
            ``(B) Alternative disbursement.--Nothing in this section 
        shall be interpreted to prohibit the Secretary from paying 
        directly to students, in advance of the beginning of the 
        academic term, an amount for which they are eligible, in the 
        cases where an eligible institution does not participate in the 
        disbursement system under subparagraph (A).
        ``(9) Additional payment periods in same award year.--
            ``(A) Effective in the 2017-2018 award year and thereafter, 
        the Secretary shall award an eligible student not more than one 
        and one-half Federal Pell Grants during a single award year to 
        permit such student to work toward completion of an eligible 
        program if, during that single award year, the student has 
        received a Federal Pell Grant for an award year and is enrolled 
        in an eligible program for one or more additional payment 
        periods during the same award year that are not otherwise fully 
        covered by the student's Federal Pell Grant.
            ``(B) In the case of a student receiving more than one 
        Federal Pell Grant in a single award year under subparagraph 
        (A), the total amount of Federal Pell Grants awarded to such 
        student for the award year may exceed the total maximum Federal 
        Pell Grant available for an award year.
            ``(C) Any period of study covered by a Federal Pell Grant 
        awarded under subparagraph (A) shall be included in determining 
        a student's duration limit under subsection (d)(5).
            ``(D) In any case where an eligible student is receiving a 
        Federal Pell Grant for a payment period that spans 2 award 
        years, the Secretary shall allow the eligible institution in 
        which the student is enrolled to determine the award year to 
        which the additional period shall be assigned, as it determines 
        is most beneficial to students.
    ``(c) Special Rule.--
        ``(1) In general.--A student described in paragraph (2) shall 
    be eligible for the total maximum Federal Pell Grant.
        ``(2) Applicability.--Paragraph (1) shall apply to any 
    dependent or independent student--
            ``(A) who is eligible to receive a Federal Pell Grant 
        according to subsection (b)(1) for the award year for which the 
        determination is made;
            ``(B) whose parent or guardian was--
                ``(i) an individual who, on or after September 11, 
            2001, died in the line of duty while serving on active duty 
            as a member of the Armed Forces; or
                ``(ii) actively serving as a public safety officer and 
            died in the line of duty while performing as a public 
            safety officer; and
            ``(C) who is less than 33 years of age.
        ``(3) Information.--Notwithstanding any other provision of 
    law--
            ``(A) the Secretary shall establish the necessary data-
        sharing agreements with the Secretary of Veterans Affairs and 
        the Secretary of Defense, as applicable, to provide the 
        information necessary to determine which students meet the 
        requirements of paragraph (2)(B)(i); and
            ``(B) the financial aid administrator shall verify with the 
        student that the student is eligible for the adjustment and 
        notify the Secretary of the adjustment of the student's 
        eligibility.
        ``(4) Treatment of pell amount.--Notwithstanding section 1212 
    of the Omnibus Crime Control and Safe Streets Act of 1968 (34 
    U.S.C. 10302), in the case of a student who receives an increased 
    Federal Pell Grant amount under this section, the total amount of 
    such Federal Pell Grant, including the increase under this 
    subsection, shall not be considered in calculating that student's 
    educational assistance benefits under the Public Safety Officers' 
    Benefits program under subpart 2 of part L of title I of such Act.
        ``(5) Definition of public safety officer.--For purposes of 
    this subsection, the term `public safety officer' means--
            ``(A) a public safety officer, as defined in section 1204 
        of title I of the Omnibus Crime Control and Safe Streets Act of 
        1968 (34 U.S.C. 10284); or
            ``(B) a fire police officer, defined as an individual who--
                ``(i) is serving in accordance with State or local law 
            as an officially recognized or designated member of a 
            legally organized public safety agency;
                ``(ii) is not a law enforcement officer, a firefighter, 
            a chaplain, or a member of a rescue squad or ambulance 
            crew; and
                ``(iii) provides scene security or directs traffic--

                    ``(I) in response to any fire drill, fire call, or 
                other fire, rescue, or police emergency; or
                    ``(II) at a planned special event.

    ``(d) Period of Eligibility for Grants.--
        ``(1) In general.--The period during which a student may 
    receive Federal Pell Grants shall be the period required for the 
    completion of the first undergraduate baccalaureate course of study 
    being pursued by that student at the institution at which the 
    student is in attendance, except that any period during which the 
    student is enrolled in a noncredit or remedial course of study, as 
    described in paragraph (2), shall not be counted for the purpose of 
    this paragraph.
        ``(2) Noncredit or remedial courses; study abroad.--Nothing in 
    this section shall exclude from eligibility courses of study which 
    are noncredit or remedial in nature (including courses in English 
    language instruction) which are determined by the institution to be 
    necessary to help the student be prepared for the pursuit of a 
    first undergraduate baccalaureate degree or certificate or, in the 
    case of courses in English language instruction, to be necessary to 
    enable the student to use already existing knowledge, training, or 
    skills. Nothing in this section shall exclude from eligibility 
    programs of study abroad that are approved for credit by the home 
    institution at which the student is enrolled.
        ``(3) No concurrent payments.--No student is entitled to 
    receive Pell Grant payments concurrently from more than one 
    institution or from both the Secretary and an institution.
        ``(4) Postbaccalaureate program.--Notwithstanding paragraph 
    (1), the Secretary may allow, on a case-by-case basis, a student to 
    receive a Federal Pell Grant if the student--
            ``(A) is carrying at least one-half the normal full-time 
        work load for the course of study the student is pursuing, as 
        determined by the institution of higher education; and
            ``(B) is enrolled or accepted for enrollment in a 
        postbaccalaureate program that does not lead to a graduate 
        degree, and in courses required by a State in order for the 
        student to receive a professional certification or licensing 
        credential that is required for employment as a teacher in an 
        elementary school or secondary school in that State,
    except that this paragraph shall not apply to a student who is 
    enrolled in an institution of higher education that offers a 
    baccalaureate degree in education.
        ``(5) Maximum period.--
            ``(A) In general.--Except as provided in subparagraph (B), 
        the period during which a student may receive Federal Pell 
        Grants shall not exceed 12 semesters, or the equivalent of 12 
        semesters, as determined by the Secretary by regulation. Such 
        regulations shall provide, with respect to a student who 
        received a Federal Pell Grant for a term but was enrolled at a 
        fraction of full time, that only that same fraction of such 
        semester or equivalent shall count towards such duration 
        limits.
            ``(B) Exception.--
                ``(i) In general.--Any Federal Pell Grant that a 
            student received during a period described in subclause (I) 
            or (II) of clause (ii) shall not count towards the 
            student's duration limits under this paragraph.
                ``(ii) Applicable periods.--Clause (i) shall apply with 
            respect to any Federal Pell Grant awarded to a student to 
            enroll in an eligible program at an institution--

                    ``(I) during a period of a student's attendance at 
                an institution--

                        ``(aa) at which the student was unable to 
                    complete a course of study due to the closing of 
                    the institution; or
                        ``(bb) for which the student was falsely 
                    certified as eligible for Federal aid under this 
                    title; or

                    ``(II) during a period--

                        ``(aa) for which the student received a loan 
                    under this title; and
                        ``(bb) for which the loan described in item 
                    (aa) is discharged under--
                            ``(AA) section 437(c)(1) or section 
                        464(g)(1);
                            ``(BB) section 432(a)(6); or
                            ``(CC) section 455(h) due to the student's 
                        successful assertion of a defense to repayment 
                        of the loan, including defenses provided to any 
                        applicable groups of students.
    ``(e) Applications for Grants.--
        ``(1) Deadlines.--The Secretary shall from time to time set 
    dates by which students shall file the Free Application for Federal 
    Student Aid under section 483.
        ``(2) Application.--Each student desiring a Federal Pell Grant 
    for any year shall file the Free Application for Federal Student 
    Aid containing the information necessary to enable the Secretary to 
    carry out the functions and responsibilities of this subpart.
    ``(f) Distribution of Grants to Students.--Payments under this 
section shall be made in accordance with regulations promulgated by the 
Secretary for such purpose, in such manner as will best accomplish the 
purpose of this section. Any disbursement allowed to be made by 
crediting the student's account shall be limited to tuition and fees, 
and food and housing if that food and housing is institutionally owned 
or operated. The student may elect to have the institution provide 
other such goods and services by crediting the student's account.
    ``(g) Insufficient Appropriations.--If, for any fiscal year, the 
funds appropriated for payments under this subpart are insufficient to 
satisfy fully all entitlements, as calculated under subsections (b) and 
(c) (but at the maximum grant level specified in such appropriation), 
the Secretary shall promptly transmit a notice of such insufficiency to 
each House of the Congress, and identify in such notice the additional 
amount that would be required to be appropriated to satisfy fully all 
entitlements (as so calculated at such maximum grant level).
    ``(h) Use of Excess Funds.--
        ``(1) 15 percent or less.--If, at the end of a fiscal year, the 
    funds available for making payments under this subpart exceed the 
    amount necessary to make the payments required under this subpart 
    to eligible students by 15 percent or less, then all of the excess 
    funds shall remain available for making payments under this subpart 
    during the next succeeding fiscal year.
        ``(2) More than 15 percent.--If, at the end of a fiscal year, 
    the funds available for making payments under this subpart exceed 
    the amount necessary to make the payments required under this 
    subpart to eligible students by more than 15 percent, then all of 
    such funds shall remain available for making such payments but 
    payments may be made under this paragraph only with respect to 
    entitlements for that fiscal year.
    ``(i) Treatment of Institutions and Students Under Other Laws.--Any 
institution of higher education which enters into an agreement with the 
Secretary to disburse to students attending that institution the 
amounts those students are eligible to receive under this subpart shall 
not be deemed, by virtue of such agreement, a contractor maintaining a 
system of records to accomplish a function of the Secretary. Recipients 
of Pell Grants shall not be considered to be individual grantees for 
purposes of chapter 81 of title 41, United States Code.
    ``(j) Institutional Ineligibility Based on Default Rates.--
        ``(1) In general.--No institution of higher education shall be 
    an eligible institution for purposes of this subpart if such 
    institution of higher education is ineligible to participate in a 
    loan program under part B or D as a result of a final default rate 
    determination made by the Secretary under part B or D after the 
    final publication of cohort default rates for fiscal year 1996 or a 
    succeeding fiscal year.
        ``(2) Sanctions subject to appeal opportunity.--No institution 
    may be subject to the terms of this subsection unless the 
    institution has had the opportunity to appeal the institution's 
    default rate determination under regulations issued by the 
    Secretary for the loan program authorized under part B or D, as 
    applicable. This subsection shall not apply to an institution that 
    was not participating in the loan program authorized under part B 
    or D on October 7, 1998, unless the institution subsequently 
    participates in the loan programs.''.
    SEC. 704. CONFORMING AMENDMENTS.
    The Higher Education Act of 1965 (20 U.S.C. 1001 et seq.) is 
amended--
        (1) by striking ``the expected family contribution'' each place 
    the term appears and inserting ``the student aid index'';
        (2) by striking ``expected family contributions'' each place 
    the term appears and inserting ``student aid indexes'';
        (3) by striking ``an expected family contribution'' each place 
    the term appears and inserting ``a student aid index'';
        (4) by striking ``average expected family contribution'' each 
    place the term appears and inserting ``average student aid index'';
        (5) in section 415E(c)(1)(B)(vii), by striking ``automatic zero 
    expected family contribution'' and inserting ``automatic zero 
    student aid index''; and
        (6) in section 428(a)(2)(B), by striking ``expected family 
    contribution'' and inserting ``student aid index''.
    SEC. 705. REPEAL OF THE SUBSIDIZED USAGE LIMIT APPLIES (SULA) 
      RESTRICTION.
    (a) Repeal.--Section 455(q) of the Higher Education Act of 1965 (20 
U.S.C. 1087e(q)) is repealed.
    (b) Early Effective Date Permitted.--Notwithstanding section 701(b) 
of this Act and section 455(q) of the Higher Education Act of 1965 (20 
U.S.C. 1087e(q)) as in effect on the date of enactment of this Act, the 
Secretary of Education may implement the repeal authorized under 
subsection (a) before (but not later than) July 1, 2023. The Secretary 
shall specify in a designation on what date and for which award years 
the implementation of such repeal will be effective prior to July 1, 
2023. The Secretary shall publish any designation under this paragraph 
in the Federal Register at least 60 days before implementation.
    SEC. 706. FORGIVENESS OF HBCU CAPITAL FINANCING LOANS.
    (a) Forgiveness.--Not later than 90 days after the effective date 
of this section, the Secretary of Education shall repay each 
institution of higher education's outstanding balance of principal, 
interest, fees, and costs on the disbursed loan amounts (as of such 
effective date) under each applicable closed loan agreement, including 
paying any reimbursement (including reimbursements of escrow and return 
of fees and deposits) relating to the applicable closed loan agreement 
that are usual and customary when the loan is paid off by the 
institution.
    (b) Applicable Closed Loan Agreement.--In this section, the term 
``applicable closed loan agreement'' means each of the following:
        (1) A closed loan agreement executed before the date of 
    enactment of this Act and made under part D of title III of the 
    Higher Education Act of 1965 (20 U.S.C. 1066 et seq.).
        (2) A closed loan agreement executed before the date of 
    enactment of this Act and made for deferment balances authorized 
    under--
            (A) section 3512 of the CARES Act (20 U.S.C. 1001 note);
            (B) title III of division A of the Further Consolidated 
        Appropriations Act, 2020 (Public Law 116-94; 133 Stat. 2586);
            (C) title III of division B of the Department of Defense 
        and Labor, Health and Human Services, and Education 
        Appropriations Act, 2019 and Continuing Appropriations Act, 
        2019 (Public Law 115-245; 132 Stat. 3097); or
            (D) title III of division H of the Consolidated 
        Appropriations Act, 2018 (Public Law 115-141; 132 Stat. 741).
    (c) Authorization and Appropriation.--There are authorized to be 
appropriated, and there are appropriated, out of any amounts in the 
Treasury not otherwise appropriated, such sums as may be necessary to 
carry out subsection (a).
    (d) Effective Date.--Notwithstanding section 701(b), this section 
shall take effect on the date of enactment of this Act.

 TITLE VIII--ACCESS TO DEATH INFORMATION FURNISHED TO OR MAINTAINED BY 
                   THE SOCIAL SECURITY ADMINISTRATION

    SEC. 801. ACCESS TO DEATH INFORMATION FURNISHED TO OR MAINTAINED BY 
      THE SOCIAL SECURITY ADMINISTRATION.
    (a) In General.--Section 205(r) of the Social Security Act (42 
U.S.C. 405(r)) is amended--
        (1) in paragraph (2)--
            (A) by striking ``Each State'' and inserting ``(A) Each 
        State'';
            (B) by striking ``may'' and inserting ``shall'';
            (C) by striking ``from amounts available for administration 
        of this Act the reasonable costs (established by the 
        Commissioner of Social Security in consultations with the 
        States) for transcribing and transmitting such information to 
        the Commissioner of Social Security.'' and inserting ``for the 
        following:
                ``(i) A fee, to be established pursuant to subparagraph 
            (B), for the use of such information by--

                    ``(I) the Commissioner; and
                    ``(II) any other agency that receives such 
                information from the Commissioner and is subject to the 
                requirements of subparagraph (3)(A).

                ``(ii) The full documented cost to the State of 
            transmitting such information to the Commissioner, 
            including the costs of maintaining, enhancing, and 
            operating any electronic system used solely for 
            transmitting such information to the Commissioner.
            ``(B) The fee for the use of such information shall be 
        established by the Commissioner of Social Security in 
        consultations with the States, and shall include--
                ``(i) a share of the costs to the State associated with 
            collecting and maintaining such information; ensuring the 
            completeness, timeliness, and accuracy of such information; 
            and maintaining, enhancing, and operating the electronic 
            systems that allow for the transmission of such 
            information; and
                ``(ii) a fee for the right to use such information.
            ``(C) The Commissioner of Social Security shall not use 
        amounts provided for a fiscal year in an appropriation Act 
        under the heading `Limitation on Administrative Expenses' for 
        the Social Security Administration for the amounts under 
        paragraph (3)(A), except as the Commissioner determines is 
        necessary on a temporary basis and subject to reimbursement 
        under such paragraph.'';
        (2) in paragraph (3)(A), by striking ``for the reasonable cost 
    of carrying out such arrangement, and'' and inserting ``for--
                ``(i) the agency's proportional share (as determined by 
            the Commissioner in consultation with the head of the 
            agency) of--

                    ``(I) the payments to States required under 
                paragraph (2)(A);
                    ``(II) the costs to the Commissioner of developing 
                the contracts described in paragraph (1); and
                    ``(III) the costs to the Commissioner of carrying 
                out the study required under section 802 of division FF 
                of the Consolidated Appropriations Act, 2021; and

                ``(ii) the full documented cost to the Commissioner of 
            developing such arrangement and transmitting such 
            information to the agency; and'';
        (3) in paragraph (5)--
            (A) by striking ``such records as may be corrected under 
        this section'' and inserting ``all information regarding 
        deceased individuals furnished to or maintained by the 
        Commissioner under this subsection''; and
            (B) by striking ``by Federal and State agencies'' and 
        inserting ``by a Federal or State agency, provided that the 
        requirements of subparagraphs (A) and (B) of paragraph (3) are 
        met'';
        (4) by redesignating paragraphs (7) through (9) as paragraphs 
    (8) through (10), respectively, and inserting after paragraph (6) 
    the following new paragraph:
        ``(7) In the event an individual is incorrectly identified as 
    deceased in the records furnished by a State to the Commissioner of 
    Social Security under this subsection and the individual provides 
    the Commissioner with the necessary documentation to correct such 
    identification, the Commissioner may--
            ``(A) notify the State of the error in the records so 
        furnished; and
            ``(B) inform the individual of the source of the incorrect 
        death data.'';
        (5) in paragraph (9)(F), as so redesignated, by striking ``the 
    Commission'' and inserting ``the Commissioner'';
        (6) in paragraph (10), as so redesignated--
            (A) by adjusting the left margin so as to align with the 
        left margin of paragraph (9); and
            (B) in subparagraph (A)(i), by inserting ``, provided that 
        the requirements of subparagraphs (A) and (B) of paragraph (3) 
        are met with respect to such agreement'' before the semicolon; 
        and
        (7) by adding at the end the following new paragraph:
        ``(11) During the 3-year period that begins on the effective 
    date of this paragraph, the Commissioner of Social Security shall, 
    to the extent feasible, provide information furnished to the 
    Commissioner under paragraph (1) to the agency operating the Do Not 
    Pay working system described in section 3354(c) of title 31, United 
    States Code, to prevent improper payments to deceased individuals 
    through a cooperative arrangement with such agency, provided that 
    the requirements of subparagraphs (A) and (B) of paragraph (3) are 
    met with respect to such arrangement with such agency.''.
    (b) Effective Dates.--
        (1) In general.--Subject to paragraph (2), the amendments made 
    by this section shall take effect on the date of enactment of this 
    Act.
        (2) Delay.--The amendment made by paragraph (7) of subsection 
    (a) shall take effect on the date that is 3 years after the date of 
    enactment of this Act.
    SEC. 802. STUDY AND REPORT TO CONGRESS ON SOURCES AND ACCESS TO 
      DEATH DATA.
    (a) Study.--Not later than 180 days after the date of enactment of 
this Act, the Commissioner of Social Security shall enter into an 
agreement with the National Academy of Public Administration to conduct 
an independent study of the current and potential sources for, and 
provision of access to, State-owned death data for limited use by 
Federal agencies and programs for purposes of program administration 
and payment integrity. Such study shall be performed in consultation 
with State vital records agencies, the National Association for Public 
Health Statistics and Information Systems (NAPHSIS), the Commissioner 
of Social Security, the agency operating the Do Not Pay working system 
described in section 3354(c) of title 31, United States Code, and other 
Federal agencies using such death data, as appropriate, and shall 
include the following:
        (1) Analysis of the following:
            (A) The sources and owners of the death data.
            (B) The timeliness, accuracy, and completeness of State-
        owned death data, including the process for correcting 
        inaccuracies .
            (C) Federal and State laws that may affect legal access to, 
        and protections for, State-owned death data.
            (D) Federalism and the appropriate roles of the relevant 
        Federal and State entities, including States' role in recording 
        vital records and the core mission and responsibility of any 
        Federal agency involved.
            (E) The costs incurred for each step of the death data 
        collection, management, protection (legal and otherwise), and 
        transmission processes, and the challenges to adequate funding 
        of State vital records programs.
            (F) Unmet needs (if any) for these data among Federal 
        agencies or programs.
            (G) Options for providing Federal agencies with limited 
        access to State-owned death data, including Federal agencies 
        contracting directly with States for access to such data or 
        distribution of such data via the Commissioner of Social 
        Security or another Federal agency or program, and 
        corresponding options for appropriate reimbursement structures.
        (2) An assessment of the strengths and limitations of the 
    options for distribution and reimbursement identified in paragraph 
    (1)(G).
    (b) Report.--Upon completion of the study required under subsection 
(a), the Commissioner of Social Security shall transmit the study to 
the Committees on Ways and Means and Oversight and Reform of the House 
of Representatives, and the Committees on Finance and Homeland Security 
and Governmental Affairs of the Senate.

          TITLE IX--TELECOMMUNICATIONS AND CONSUMER PROTECTION

    SEC. 901. PERFORMANCE STANDARDS TO PROTECT AGAINST PORTABLE FUEL 
      CONTAINER EXPLOSIONS NEAR OPEN FLAMES OR OTHER IGNITION SOURCES.
    (a) Short Title.--This section may be cited as the ``Portable Fuel 
Container Safety Act of 2020''.
    (b) Standards.--
        (1) Rule on safety performance standards required.--Not later 
    than 30 months after the date of enactment of this Act, the 
    Consumer Product Safety Commission (referred to in this Act as the 
    ``Commission'') shall promulgate a final rule to require flame 
    mitigation devices in portable fuel containers that impede the 
    propagation of flame into the container, except as provided in 
    paragraph (3).
        (2) Rulemaking; consumer product safety standard.--A rule under 
    paragraph (1)--
            (A) shall be promulgated in accordance with section 553 of 
        title 5, United States Code; and
            (B) shall be treated as a consumer product safety rule 
        promulgated under section 9 of the Consumer Product Safety Act 
        (15 U.S.C. 2058).
        (3) Exception.--
            (A) Voluntary standard.--Paragraph (1) shall not apply for 
        a class of portable fuel containers in the scope of this Act if 
        the Commission determines at any time that--
                (i) there is a voluntary standard for flame mitigation 
            devices for those containers that impedes the propagation 
            of flame into the container;
                (ii) the voluntary standard described in clause (i) is 
            or will be in effect not later than 18 months after the 
            date of enactment of this Act; and
                (iii) the voluntary standard described in clause (i) is 
            developed by ASTM International or such other standard 
            development organization that the Commission determines to 
            have met the intent of this Act.
            (B) Determination required to be published in the federal 
        register.--Any determination made by the Commission under this 
        subsection shall be published in the Federal Register.
        (4) Treatment of voluntary standard for purpose of 
    enforcement.--If the Commission determines that a voluntary 
    standard meets the conditions described in paragraph (3)(A), the 
    requirements of such voluntary standard shall be treated as a 
    consumer product safety rule promulgated under section 9 of the 
    Consumer Product Safety Act (15 U.S.C. 2058) beginning on the date 
    which is the later of--
            (A) 180 days after publication of the Commission's 
        determination under paragraph (3); or
            (B) the effective date contained in the voluntary standard.
        (5) Revision of voluntary standard.--
            (A) Notice to commission.--If the requirements of a 
        voluntary standard that meet the conditions of paragraph (3) 
        are subsequently revised, the organization that revised the 
        standard shall notify the Commission after the final approval 
        of the revision.
            (B) Effective date of revision.--Not later than 180 days 
        after the Commission is notified of a revised voluntary 
        standard described in subparagraph (A) (or such later date as 
        the Commission determines appropriate), such revised voluntary 
        standard shall become enforceable as a consumer product safety 
        rule promulgated under section 9 of the Consumer Product Safety 
        Act (15 U.S.C. 2058), in place of the prior version, unless 
        within 90 days after receiving the notice the Commission 
        determines that the revised voluntary standard does not meet 
        the requirements described in paragraph (3).
        (6) Future rulemaking.--The Commission, at any time after 
    publication of the consumer product safety rule required by 
    paragraph (1), a voluntary standard is treated as a consumer 
    product safety rule under paragraph (4), or a revision is 
    enforceable as a consumer product safety rule under paragraph (5) 
    may initiate a rulemaking in accordance with section 553 of title 
    5, United States Code, to modify the requirements or to include any 
    additional provision that the Commission determines is reasonably 
    necessary to protect the public against flame jetting from a 
    portable fuel container. Any rule promulgated under this subsection 
    shall be treated as a consumer product safety rule promulgated 
    under section 9 of the Consumer Product Safety Act (15 U.S.C. 
    2058).
        (7) Action required.--
            (A) Education campaign.--Not later than 1 year after the 
        date of enactment of this Act, the Commission shall undertake a 
        campaign to educate consumers about the dangers associated with 
        using or storing portable fuel containers for flammable liquids 
        near an open flame or any other source of ignition.
            (B) Summary of actions.--Not later than 2 years after the 
        date of enactment of this Act, the Commission shall submit to 
        Congress a summary of actions taken by the Commission in such 
        campaign.
        (8) Portable fuel container defined.--In this Act, the term 
    ``portable fuel container'' means any container or vessel 
    (including any spout, cap, and other closure mechanism or component 
    of such container or vessel or any retrofit or aftermarket spout or 
    component intended or reasonably anticipated to be for use with 
    such container)--
            (A) intended for flammable liquid fuels with a flash point 
        less than 140 degrees Fahrenheit, including gasoline, kerosene, 
        diesel, ethanol, methanol, denatured alcohol, or biofuels;
            (B) that is a consumer product with a capacity of 5 gallons 
        or less; and
            (C) that the manufacturer knows or reasonably should know 
        is used by consumers for transporting, storing, and dispensing 
        flammable liquid fuels.
        (9) Rule of construction.--This Act may not be interpreted to 
    conflict with the Children's Gasoline Burn Prevention Act (Public 
    Law 110-278; 122 Stat. 2602).
    (c) Children's Gasoline Burn Prevention Act.--
        (1) Amendment.--Section 2(c) of the Children's Gasoline Burn 
    Prevention Act (15 U.S.C. 2056 note; Public Law 110-278) is amended 
    by inserting after ``for use by consumers'' the following: ``and 
    any receptacle for gasoline, kerosene, or diesel fuel, including 
    any spout, cap, and other closure mechanism and component of such 
    receptacle or any retrofit or aftermarket spout or component 
    intended or reasonably anticipated to be for use with such 
    receptacle, produced or distributed for sale to or use by consumers 
    for transport of, or refueling of internal combustion engines with, 
    gasoline, kerosene, or diesel fuel''.
        (2) Applicability.--The amendment made by paragraph (1) shall 
    take effect 6 months after the date of enactment of this Act.
    SEC. 902. DON'T BREAK UP THE T-BAND.
    (a) Short Title.--This section may be cited as the ``Don't Break Up 
the T-Band Act of 2020''.
    (b) Repeal of Requirement to Reallocate and Auction T-Band 
Spectrum.--
        (1) Repeal.--Section 6103 of the Middle Class Tax Relief and 
    Job Creation Act of 2012 (47 U.S.C. 1413) is repealed.
        (2) Clerical amendment.--The table of contents in section 1(b) 
    of such Act is amended by striking the item relating to section 
    6103.
    (c) Clarifying Acceptable 9-1-1 Obligations or Expenditures.--
Section 6 of the Wireless Communications and Public Safety Act of 1999 
(47 U.S.C. 615a-1) is amended--
        (1) in subsection (f)--
            (A) in paragraph (1), by striking ``as specified in the 
        provision of State or local law adopting the fee or charge'' 
        and inserting ``consistent with the purposes and functions 
        designated in the final rules issued under paragraph (3) as 
        purposes and functions for which the obligation or expenditure 
        of such a fee or charge is acceptable'';
            (B) in paragraph (2), by striking ``any purpose other than 
        the purpose for which any such fees or charges are specified'' 
        and inserting ``any purpose or function other than the purposes 
        and functions designated in the final rules issued under 
        paragraph (3) as purposes and functions for which the 
        obligation or expenditure of any such fees or charges is 
        acceptable''; and
            (C) by adding at the end the following:
        ``(3) Acceptable obligations or expenditures.--
            ``(A) Rules required.--In order to prevent diversion of 9-
        1-1 fees or charges, the Commission shall, not later than 180 
        days after the date of the enactment of this paragraph, issue 
        final rules designating purposes and functions for which the 
        obligation or expenditure of 9-1-1 fees or charges, by any 
        State or taxing jurisdiction authorized to impose such a fee or 
        charge, is acceptable.
            ``(B) Purposes and functions.--The purposes and functions 
        designated under subparagraph (A) shall be limited to the 
        support and implementation of 9-1-1 services provided by or in 
        the State or taxing jurisdiction imposing the fee or charge and 
        operational expenses of public safety answering points within 
        such State or taxing jurisdiction. In designating such purposes 
        and functions, the Commission shall consider the purposes and 
        functions that States and taxing jurisdictions specify as the 
        intended purposes and functions for the 9-1-1 fees or charges 
        of such States and taxing jurisdictions, and determine whether 
        such purposes and functions directly support providing 9-1-1 
        services.
            ``(C) Consultation required.--The Commission shall consult 
        with public safety organizations and States and taxing 
        jurisdictions as part of any proceeding under this paragraph.
            ``(D) Definitions.--In this paragraph:
                ``(i) 9-1-1 fee or charge.--The term `9-1-1 fee or 
            charge' means a fee or charge applicable to commercial 
            mobile services or IP-enabled voice services specifically 
            designated by a State or taxing jurisdiction for the 
            support or implementation of 9-1-1 services.
                ``(ii) 9-1-1 services.--The term `9-1-1 services' has 
            the meaning given such term in section 158(e) of the 
            National Telecommunications and Information Administration 
            Organization Act (47 U.S.C. 942(e)).
                ``(iii) State or taxing jurisdiction.--The term `State 
            or taxing jurisdiction' means a State, political 
            subdivision thereof, Indian Tribe, or village or regional 
            corporation serving a region established pursuant to the 
            Alaska Native Claims Settlement Act (43 U.S.C. 1601 et 
            seq.).
        ``(4) Participation.--If a State or taxing jurisdiction (as 
    defined in paragraph (3)(D)) receives a grant under section 158 of 
    the National Telecommunications and Information Administration 
    Organization Act (47 U.S.C. 942) after the date of the enactment of 
    this paragraph, such State or taxing jurisdiction shall, as a 
    condition of receiving such grant, provide the information 
    requested by the Commission to prepare the report required by 
    paragraph (2).
        ``(5) Petition regarding additional purposes and functions.--
            ``(A) In general.--A State or taxing jurisdiction (as 
        defined in paragraph (3)(D)) may submit to the Commission a 
        petition for a determination that an obligation or expenditure 
        of a 9-1-1 fee or charge (as defined in such paragraph) by such 
        State or taxing jurisdiction for a purpose or function other 
        than a purpose or function designated under paragraph (3)(A) 
        should be treated as such a purpose or function. If the 
        Commission finds that the State or taxing jurisdiction has 
        provided sufficient documentation to make the demonstration 
        described in subparagraph (B), the Commission shall grant such 
        petition.
            ``(B) Demonstration described.--The demonstration described 
        in this subparagraph is a demonstration that the purpose or 
        function--
                ``(i) supports public safety answering point functions 
            or operations; or
                ``(ii) has a direct impact on the ability of a public 
            safety answering point to--

                    ``(I) receive or respond to 9-1-1 calls; or
                    ``(II) dispatch emergency responders.''; and

        (2) by adding at the end the following:
    ``(j) Severability Clause.--If any provision of this section or the 
application thereof to any person or circumstance is held invalid, the 
remainder of this section and the application of such provision to 
other persons or circumstances shall not be affected thereby.''.
    (d) Prohibition on 9-1-1 Fee or Charge Diversion.--
        (1) In general.--If the Commission obtains evidence that 
    suggests the diversion by a State or taxing jurisdiction of 9-1-1 
    fees or charges, the Commission shall submit such information, 
    including any information regarding the impact of any underfunding 
    of 9-1-1 services in the State or taxing jurisdiction, to the 
    interagency strike force established under paragraph (3).
        (2) Report to congress.--Beginning with the first report under 
    section 6(f)(2) of the Wireless Communications and Public Safety 
    Act of 1999 (47 U.S.C. 615a-1(f)(2)) that is required to be 
    submitted after the date that is 1 year after the date of the 
    enactment of this Act, the Commission shall include in each report 
    required under such section all evidence that suggests the 
    diversion by a State or taxing jurisdiction of 9-1-1 fees or 
    charges, including any information regarding the impact of any 
    underfunding of 9-1-1 services in the State or taxing jurisdiction.
        (3) Interagency strike force to end 9-1-1 fee or charge 
    diversion.--
            (A) Establishment.--Not later than 180 days after the date 
        of the enactment of this Act, the Commission shall establish an 
        interagency strike force to study how the Federal Government 
        can most expeditiously end diversion by a State or taxing 
        jurisdiction of 9-1-1 fees or charges. Such interagency strike 
        force shall be known as the ``Ending 9-1-1 Fee Diversion Now 
        Strike Force'' (in this subsection referred to as the ``Strike 
        Force'').
            (B) Duties.--In carrying out the study under subparagraph 
        (A), the Strike Force shall--
                (i) determine the effectiveness of any Federal laws, 
            including regulations, policies, and practices, or 
            budgetary or jurisdictional constraints regarding how the 
            Federal Government can most expeditiously end diversion by 
            a State or taxing jurisdiction of 9-1-1 fees or charges;
                (ii) consider whether criminal penalties would further 
            prevent diversion by a State or taxing jurisdiction of 9-1-
            1 fees or charges; and
                (iii) determine the impacts of diversion by a State or 
            taxing jurisdiction of 9-1-1 fees or charges.
            (C) Members.--The Strike Force shall be composed of such 
        representatives of Federal departments and agencies as the 
        Commission considers appropriate, in addition to--
                (i) State attorneys general;
                (ii) States or taxing jurisdictions found not to be 
            engaging in diversion of 9-1-1 fees or charges;
                (iii) States or taxing jurisdictions trying to stop the 
            diversion of 9-1-1 fees or charges;
                (iv) State 9-1-1 administrators;
                (v) public safety organizations;
                (vi) groups representing the public and consumers; and
                (vii) groups representing public safety answering point 
            professionals.
            (D) Report to congress.--Not later than 270 days after the 
        date of the enactment of this Act, the Strike Force shall 
        publish on the website of the Commission and submit to the 
        Committee on Energy and Commerce of the House of 
        Representatives and the Committee on Commerce, Science, and 
        Transportation of the Senate a report on the findings of the 
        study under this paragraph, including--
                (i) any recommendations regarding how to most 
            expeditiously end the diversion by a State or taxing 
            jurisdiction of 9-1-1 fees or charges, including actions 
            that can be taken by Federal departments and agencies and 
            appropriate changes to law or regulations; and
                (ii) a description of what progress, if any, relevant 
            Federal departments and agencies have made in implementing 
            the recommendations under clause (i).
        (4) Failure to comply.--Notwithstanding any other provision of 
    law, any State or taxing jurisdiction identified by the Commission 
    in the report required under section 6(f)(2) of the Wireless 
    Communications and Public Safety Act of 1999 (47 U.S.C. 615a-
    1(f)(2)) as engaging in diversion of 9-1-1 fees or charges shall be 
    ineligible to participate or send a representative to serve on any 
    committee, panel, or council established under section 6205(a) of 
    the Middle Class Tax Relief and Job Creation Act of 2012 (47 U.S.C. 
    1425(a)) or any advisory committee established by the Commission.
    (e) Rule of Construction.--Nothing in this Act, the Wireless 
Communications and Public Safety Act of 1999 (Public Law 106-81), or 
the Communications Act of 1934 (47 U.S.C. 151 et seq.) shall be 
construed to prevent a State or taxing jurisdiction from requiring an 
annual audit of the books and records of a provider of 9-1-1 services 
concerning the collection and remittance of a 9-1-1 fee or charge.
    (f) Definitions.--In this Act:
        (1) 9-1-1 fee or charge.--The term ``9-1-1 fee or charge'' has 
    the meaning given such term in subparagraph (D) of paragraph (3) of 
    section 6(f) of the Wireless Communications and Public Safety Act 
    of 1999, as added by this Act.
        (2) 9-1-1 services.--The term ``9-1-1 services'' has the 
    meaning given such term in section 158(e) of the National 
    Telecommunications and Information Administration Organization Act 
    (47 U.S.C. 942(e)).
        (3) Commission.--The term ``Commission'' means the Federal 
    Communications Commission.
        (4) Diversion.--The term ``diversion'' means, with respect to a 
    9-1-1 fee or charge, the obligation or expenditure of such fee or 
    charge for a purpose or function other than the purposes and 
    functions designated in the final rules issued under paragraph (3) 
    of section 6(f) of the Wireless Communications and Public Safety 
    Act of 1999, as added by this Act, as purposes and functions for 
    which the obligation or expenditure of such a fee or charge is 
    acceptable.
        (5) State or taxing jurisdiction.--The term ``State or taxing 
    jurisdiction'' has the meaning given such term in subparagraph (D) 
    of paragraph (3) of section 6(f) of the Wireless Communications and 
    Public Safety Act of 1999, as added by this Act.
    SEC. 903. OFFICE OF INTERNET CONNECTIVITY AND GROWTH.
    (a) Short Title.--This section may be cited as the ``Advancing 
Critical Connectivity Expands Service, Small Business Resources, 
Opportunities, Access, and Data Based on Assessed Need and Demand Act'' 
or the ``ACCESS BROADBAND Act''.
    (b) Establishment.--Not later than 180 days after the date of the 
enactment of this Act, the Assistant Secretary shall establish the 
Office of Internet Connectivity and Growth within the National 
Telecommunications and Information Administration.
    (c) Duties.--
        (1) Outreach.--The Office shall--
            (A) connect with communities that need access to high-speed 
        internet and improved digital inclusion efforts through various 
        forms of outreach and communication techniques;
            (B) hold regional workshops across the country to share 
        best practices and effective strategies for promoting broadband 
        access and adoption;
            (C) develop targeted broadband training and presentations 
        for various demographic communities through various media;
            (D) develop and distribute publications (including 
        toolkits, primers, manuals, and white papers) providing 
        guidance, strategies, and insights to communities as the 
        communities develop strategies to expand broadband access and 
        adoption; and
            (E) as applicable in carrying out subparagraphs (A) through 
        (D), coordinate with State agencies that provide similar 
        broadband investments, outreach, and coordination through 
        Federal programs.
        (2) Tracking of federal dollars.--
            (A) Broadband infrastructure.--The Office shall track the 
        construction and use of and access to any broadband 
        infrastructure built using any Federal support in a central 
        database.
            (B) Accounting mechanism.--The Office shall develop a 
        streamlined accounting mechanism by which any agency offering a 
        Federal broadband support program and the Commission for any 
        Universal Service Fund Program shall provide the information 
        described in subparagraph (A) in a standardized and efficient 
        fashion.
            (C) Report.--Not later than 1 year after the date of the 
        enactment of this Act, and every year thereafter, the Office 
        shall make public on the website of the Office and submit to 
        the Committee on Energy and Commerce of the House of 
        Representatives and the Committee on Commerce, Science, and 
        Transportation of the Senate a report on the following:
                (i) A description of the work of the Office for the 
            previous year and the number of residents of the United 
            States that received broadband as result of Federal 
            broadband support programs and the Universal Service Fund 
            Programs.
                (ii) A description of how many residents of the United 
            States were provided broadband by which universal service 
            mechanism or which Federal broadband support program.
                (iii) An estimate of the economic impact of such 
            broadband deployment efforts on local economies, including 
            any effect on small businesses or jobs.
    (d) Relation to Current Broadband Activities of NTIA.--The 
Assistant Secretary shall assign to the Office all activities performed 
by the National Telecommunications and Information Administration as of 
the date of the enactment of this Act that are similar to the 
activities required to be conducted by the Office under this Act.
    (e) Streamlined Applications for Support.--
        (1) Agency consultation.--The Office shall consult with any 
    agency offering a Federal broadband support program to streamline 
    and standardize the applications process for financial assistance 
    or grants for such program.
        (2) Agency streamlining.--Any agency offering a Federal 
    broadband support program shall amend the applications of the 
    agency for broadband support, to the extent practicable and as 
    necessary, to streamline and standardize applications for Federal 
    broadband support programs across the Government.
        (3) Single application.--To the greatest extent practicable, 
    the Office shall seek to create one application that may be 
    submitted to apply for all, or substantially all, Federal broadband 
    support programs.
        (4) Website required.--Not later than 180 days after the date 
    of the enactment of this Act, the Office shall create a central 
    website through which potential applicants can learn about and 
    apply for support through any Federal broadband support program.
    (f) Coordination of Support.--
        (1) In general.--To ensure that Federal support for broadband 
    deployment is being distributed in an efficient, technology-
    neutral, and financially sustainable manner, and that a program 
    does not duplicate any other Federal broadband support program or 
    any Universal Service Fund high-cost program--
            (A) any agency that offers a Federal broadband support 
        program shall coordinate with the Office consistent with the 
        goals described in paragraph (2); and
            (B) the Office, with respect to Federal broadband support 
        programs, and the Commission, with respect to the Universal 
        Service Fund high-cost programs, shall coordinate with each 
        other consistent with the goals described in paragraph (2).
        (2) Goals.--The goals of any coordination conducted pursuant to 
    this subsection are the following:
            (A) Serving the largest number of unserved locations in the 
        United States and ensuring all residents of the United States 
        have access to high-speed broadband.
            (B) Promoting the most job and economic growth for all 
        residents of the United States.
        (3) Broadband availability maps.--The Office and the Commission 
    shall consult the broadband availability maps produced by the 
    Commission when coordinating under paragraph (1).
    (g) Definitions.--In this Act:
        (1) Agency.--The term ``agency'' has the meaning given that 
    term in section 551 of title 5, United States Code.
        (2) Assistant secretary.--The term ``Assistant Secretary'' 
    means the Assistant Secretary of Commerce for Communications and 
    Information.
        (3) Commission.--The term ``Commission'' means the Federal 
    Communications Commission.
        (4) Federal broadband support program.--The term ``Federal 
    broadband support program'' does not include any Universal Service 
    Fund Program and means any of the following programs (or any other 
    similar Federal program) to the extent the program offers broadband 
    internet service, support for broadband deployment, or programs for 
    promoting broadband access and adoption for various demographic 
    communities through various media for residential, commercial, 
    community providers, or academic establishments:
            (A) The Telecommunications and Technology Program of the 
        Appalachian Regional Commission.
            (B) The Telecommunications Infrastructure Loan and Loan 
        Guarantee Program established under the Rural Electrification 
        Act of 1936, the rural broadband access program established 
        under title VI of that Act (7 U.S.C. 950bb et seq.), the 
        initiative under section 306F of that Act (7 U.S.C. 936f), the 
        Community Connect Grant Program established under section 604 
        of that Act (7 U.S.C. 950bb-3), the broadband loan and grant 
        pilot program authorized under section 779 of division A of the 
        Consolidated Appropriations Act, 2018 (Public Law 115-141; 132 
        Stat. 399) (commonly known as the ``Rural eConnectivity Pilot 
        Program'' or the ``ReConnect Program''), and the Distance 
        Learning and Telemedicine Program under chapter 1 of subtitle D 
        of title XXIII of the Food, Agriculture, Conservation, and 
        Trade Act of 1990 (7 U.S.C. 950aaa et seq.).
            (C) Community facility direct and guaranteed loans under 
        section 306(a) of the Consolidated Farm and Rural Development 
        Act (7 U.S.C. 1926(a)), community facility grants under 
        paragraph (19), (20), or (21) of section 306(a) of the 
        Consolidated Farm and Rural Development Act (7 U.S.C. 1926(a)), 
        and the Rural Community Development Initiative authorized under 
        the heading ``Rural Housing Service--Rural Community Facilities 
        Program Account'' under title III of division B of the Further 
        Consolidated Appropriations Act, 2020 (Public Law 116-94; 133 
        Stat. 2629).
            (D) The Public Works and Economic Adjustment Assistance 
        Programs and the Planning and Local Technical Assistance 
        Programs of the Economic Development Administration of the 
        Department of Commerce.
            (E) The Community Development Block Grants and Section 108 
        Loan Guarantees Programs, the Funds for Public Housing 
        Authorities: Capital Fund and Operating Fund, the Multifamily 
        Housing Programs, the Indian Community Development Block Grant 
        Program, the Indian Housing Block Grant Program, the Title VI 
        Loan Guarantee Program, the Choice Neighborhoods Program, the 
        HOME Investment Partnerships Program, the Housing Trust Fund, 
        and the Housing Opportunities for Persons with AIDS Program of 
        the Department of Housing and Urban Development.
            (F) The American Job Centers of the Employment and Training 
        Administration of the Department of Labor.
            (G) The Library Services and Technology Grant Programs of 
        the Institute of Museum and Library Services.
        (5) Office.--The term ``Office'' means the Office of Internet 
    Connectivity and Growth established pursuant to subsection (b).
        (6) Universal service fund high-cost programs.--The term 
    ``Universal Service Fund high-cost programs'' means--
            (A) the program for Universal Service Support for High-Cost 
        Areas set forth under subpart D of part 54 of title 47, Code of 
        Federal Regulations, or any successor thereto;
            (B) the Rural Digital Opportunity Fund set forth under 
        subpart J of part 54 of title 47, Code of Federal Regulations, 
        or any successor thereto;
            (C) the Interstate Common Line Support Mechanism for Rate-
        of-Return Carriers set forth under subpart K of part 54 of 
        title 47, Code of Federal Regulations, or any successor 
        thereto;
            (D) the Mobility Fund and 5G Fund set forth under subpart L 
        of part 54 of title 47, Code of Federal Regulations, or any 
        successor thereto; and
            (E) the High Cost Loop Support for Rate-of-Return Carriers 
        program set forth under subpart M of part 54 of title 47, Code 
        of Federal Regulations, or any successor thereto.
        (7) Universal service fund program.--The term ``Universal 
    Service Fund Program'' means any program authorized under section 
    254 of the Communications Act of 1934 (47 U.S.C. 254) to help 
    deploy broadband.
        (8) Universal service mechanism.--The term ``universal service 
    mechanism'' means any funding stream provided by a Universal 
    Service Fund Program to support broadband access.
    (h) Rule of Construction.--Nothing in this Act is intended to alter 
or amend any provision of section 254 of the Communications Act of 1934 
(47 U.S.C. 254).
    SEC. 904. INTERAGENCY AGREEMENT.
    (a) Short Title.--This section may be cited as the ``Broadband 
Interagency Coordination Act of 2020''.
    (b) Interagency Agreement.--
        (1) Definitions.--In this Act--
            (A) the term ``covered agency'' means--
                (i) the Federal Communications Commission;
                (ii) the Department of Agriculture; and
                (iii) the National Telecommunications and Information 
            Administration; and
            (B) the term ``high-cost programs'' means--
                (i) the program for Universal Service Support for High-
            Cost Areas set forth under subpart D of part 54 of title 
            47, Code of Federal Regulations, or any successor thereto;
                (ii) the Rural Digital Opportunity Fund set forth under 
            subpart J of part 54 of title 47, Code of Federal 
            Regulations, or any successor thereto;
                (iii) the Interstate Common Line Support Mechanism for 
            Rate-of-Return Carriers set forth under subpart K of part 
            54 of title 47, Code of Federal Regulations, or any 
            successor thereto;
                (iv) the Mobility Fund and 5G Fund set forth under 
            subpart L of part 54 of title 47, Code of Federal 
            Regulations, or any successor thereto; and
                (v) the High Cost Loop Support for Rate-of-Return 
            Carriers program set forth under subpart M of part 54 of 
            title 47, Code of Federal Regulations, or any successor 
            thereto.
        (2) Interagency agreement.--Not later than 180 days after the 
    date of enactment of this Act, the heads of the covered agencies 
    shall enter into an interagency agreement requiring coordination 
    between the covered agencies for the distribution of funds for 
    broadband deployment under--
            (A) the high-cost programs;
            (B) the programs administered by the Rural Utilities 
        Service of the Department of Agriculture and the Department of 
        Agriculture; and
            (C) the programs administered by or coordinated through the 
        National Telecommunications and Information Administration.
        (3) Requirements.--In entering into an interagency agreement 
    with respect to the programs described in paragraph (2), the heads 
    of the covered agencies shall--
            (A) require that the covered agencies share information 
        with each other about existing or planned projects that have 
        received or will receive funds under the programs described in 
        paragraph (2) for new broadband deployment;
            (B) provide that--
                (i) subject to clause (ii), upon request from another 
            covered agency with authority to award or authorize any 
            funds for new broadband deployment in a project area, a 
            covered agency shall provide the other covered agency with 
            any information the covered agency possesses regarding, 
            with respect to the project area--

                    (I) each entity that provides broadband service in 
                the area;
                    (II) levels of broadband service provided in the 
                area, including the speed of broadband service and the 
                technology provided;
                    (III) the geographic scope of broadband service 
                coverage in the area; and
                    (IV) each entity that has received or will receive 
                funds under the programs described in paragraph (2) to 
                provide broadband service in the area; and

                (ii) if a covered agency designates any information 
            provided to another covered agency under clause (i) as 
            confidential, the other covered agency shall protect the 
            confidentiality of that information;
            (C) consider basing the distribution of funds for broadband 
        deployment under the programs described in paragraph (2) on 
        standardized data regarding broadband coverage; and
            (D) provide that the interagency agreement shall be updated 
        periodically, except that the scope of the agreement with 
        respect to the Federal Communications Commission may not expand 
        beyond the high-cost programs.
        (4) Assessment of agreement.--
            (A) Public comment.--Not later than 1 year after entering 
        into the interagency agreement required under paragraph (2), 
        the Federal Communications Commission shall seek public comment 
        on--
                (i) the effectiveness of the interagency agreement in 
            facilitating efficient use of funds for broadband 
            deployment;
                (ii) the availability of Tribal, State, and local data 
            regarding broadband deployment and the inclusion of that 
            data in interagency coordination; and
                (iii) modifications to the interagency agreement that 
            would improve the efficacy of interagency coordination.
            (B) Assessment; report.--Not later than 18 months after the 
        date of enactment of this Act, the Federal Communications 
        Commission shall--
                (i) review and assess the comments received under 
            subparagraph (A); and
                (ii) submit to the Committee on Commerce, Science, and 
            Transportation of the Senate and the Committee on Energy 
            and Commerce of the House of Representatives a report 
            detailing any findings and recommendations from the 
            assessment conducted under clause (i).
    SEC. 905. REALLOCATION AND AUCTION OF 3450-3550 MHZ SPECTRUM BAND.
    (a) Short Title.--This section may be cited as the ``Beat China by 
Harnessing Important, National Airwaves for 5G Act of 2020'' or the 
``Beat CHINA for 5G Act of 2020''.
    (b) Definitions.--In this Act--
        (1) the term ``Commission'' means the Federal Communications 
    Commission; and
        (2) the term ``covered band'' means the band of electromagnetic 
    spectrum between the frequencies of 3450 megahertz and 3550 
    megahertz, inclusive.
    (c) Withdrawal or Modification of Federal Government Assignments.--
The President, acting through the Assistant Secretary of Commerce for 
Communications and Information, shall--
        (1) not later than 180 days after the date of enactment of this 
    Act, in coordination with relevant Federal users, begin the process 
    of withdrawing or modifying the assignments to Federal Government 
    stations of the covered band as necessary for the Commission to 
    comply with subsection (d); and
        (2) not later than 30 days after completing any necessary 
    withdrawal or modification under paragraph (1), notify the 
    Commission that the withdrawal or modification is complete.
    (d) Reallocation and Auction.--
        (1) In general.--The Commission shall--
            (A) revise the non-Federal allocation for the covered band 
        to permit flexible-use services; and
            (B) notwithstanding paragraph (15)(A) of section 309(j) of 
        the Communications Act of 1934 (47 U.S.C. 309(j)), not later 
        than December 31, 2021, begin a system of competitive bidding 
        under that section to grant new initial licenses for the use of 
        a portion or all of the covered band, subject to flexible-use 
        service rules.
        (2) Exemption from notification requirement.--The first 
    sentence of section 113(g)(4)(A) of the National Telecommunications 
    and Information Administration Organization Act (47 U.S.C. 
    923(g)(4)(A)) shall not apply with respect to the system of 
    competitive bidding required under paragraph (1)(B) of this 
    subsection.
        (3) Proceeds to cover 110 percent of federal relocation or 
    sharing costs.--Nothing in paragraph (1) shall be construed to 
    relieve the Commission from the requirements of section 
    309(j)(16)(B) of the Communications Act of 1934 (47 U.S.C. 
    309(j)(16)(B)).

                       TITLE X--BANKRUPTCY RELIEF

SEC. 1001. BANKRUPTCY RELIEF.
    (a) Property of the Estate.--
        (1) In general.--Section 541(b) of title 11, United States 
    Code, is amended--
            (A) in paragraph (9), in the matter following subparagraph 
        (B), by striking ``or'';
            (B) in paragraph (10)(C), by striking the period at the end 
        and inserting ``; or''; and
            (C) by inserting after paragraph (10) the following:
        ``(11) recovery rebates made under section 6428 of the Internal 
    Revenue Code of 1986.''.
        (2) Sunset.--Effective on the date that is 1 year after the 
    date of enactment of this Act, section 541(b) of title 11, United 
    States Code, is amended--
            (A) in paragraph (9), in the matter following subparagraph 
        (B), by adding ``or'' at the end;
            (B) in paragraph (10)(C), by striking ``; or'' and 
        inserting a period; and
            (C) by striking paragraph (11).
    (b) Discharge.--
        (1) In general.--Section 1328 of title 11, United States Code, 
    is amended by adding at the end the following:
    ``(i) Subject to subsection (d), after notice and a hearing, the 
court may grant a discharge of debts dischargeable under subsection (a) 
to a debtor who has not completed payments to the trustee or a creditor 
holding a security interest in the principal residence of the debtor 
if--
        ``(1) the debtor defaults on not more than 3 monthly payments 
    due on a residential mortgage under section 1322(b)(5) on or after 
    March 13, 2020, to the trustee or creditor caused by a material 
    financial hardship due, directly or indirectly, by the coronavirus 
    disease 2019 (COVID-19) pandemic; or
        ``(2)(A) the plan provides for the curing of a default and 
    maintenance of payments on a residential mortgage under section 
    1322(b)(5); and
        ``(B) the debtor has entered into a forbearance agreement or 
    loan modification agreement with the holder or servicer (as defined 
    in section 6(i) of the Real Estate Settlement Procedures Act of 
    1974 (12 U.S.C. 2605(i)) of the mortgage described in subparagraph 
    (A).''.
        (2) Sunset.--Effective on the date that is 1 year after the 
    date of enactment of this Act, section 1328 of title 11, United 
    States Code, is amended by striking subsection (i).
    (c) Protection Against Discriminatory Treatment.--
        (1) In general.--Section 525 of title 11, United States Code, 
    is amended by adding at the end the following:
    ``(d) A person may not be denied relief under sections 4022 through 
4024 of the CARES Act (15 U.S.C. 9056, 9057, 9058) because the person 
is or has been a debtor under this title.''.
        (2) Sunset.--Effective on the date that is 1 year after the 
    date of enactment of this Act, section 525 of title 11, United 
    States Code, is amended by striking subsection (d).
    (d) CARES Forbearance Claims.--
        (1) Filing of proofs of claims or interests.--Section 501 of 
    title 11, United States Code, is amended by adding at the end the 
    following:
    ``(f)(1) In this subsection--
        ``(A) the term `CARES forbearance claim' means a supplemental 
    claim for the amount of a Federally backed mortgage loan or a 
    Federally backed multifamily mortgage loan that was not received by 
    an eligible creditor during the forbearance period of a loan 
    granted forbearance under section 4022 or 4023 of the CARES Act (15 
    U.S.C. 9056, 9057);
        ``(B) the term `eligible creditor' means a servicer (as defined 
    in section 6(i) of the Real Estate Settlement Procedures Act of 
    1974 (12 U.S.C. 2605(i)) with a claim for a Federally backed 
    mortgage loan or a Federally backed multifamily mortgage loan of 
    the debtor that is provided for by a plan under section 1322(b)(5);
        ``(C) the term `Federally backed mortgage loan' has the meaning 
    given the term in section 4022(a) of the CARES Act (15 U.S.C. 
    9056(a)); and
        ``(D) the term `Federally backed multifamily mortgage loan' has 
    the meaning given the term in section 4023(f) of the CARES Act (15 
    U.S.C. 9057(f)).
    ``(2)(A) Only an eligible creditor may file a supplemental proof of 
claim for a CARES forbearance claim.
    ``(B) If an underlying mortgage loan obligation has been modified 
or deferred by an agreement of the debtor and an eligible creditor of 
the mortgage loan in connection with a mortgage forbearance granted 
under section 4022 or 4023 of the CARES Act (15 U.S.C. 9056, 9057) in 
order to cure mortgage payments forborne under the forbearance, the 
proof of claim filed under subparagraph (A) shall include--
        ``(i) the relevant terms of the modification or deferral;
        ``(ii) for a modification or deferral that is in writing, a 
    copy of the modification or deferral; and
        ``(iii) a description of the payments to be deferred until the 
    date on which the mortgage loan matures.''.
        (2) Allowance of claims or interests.--Section 502(b)(9) of 
    title 11, United States Code, is amended to read as follows:
        ``(9) proof of such claim is not timely filed, except to the 
    extent tardily filed as permitted under paragraph (1), (2), or (3) 
    of section 726(a) or under the Federal Rules of Bankruptcy 
    Procedure, except that--
            ``(A) a claim of a governmental unit shall be timely filed 
        if it is filed before 180 days after the date of the order for 
        relief or such later time as the Federal Rules of Bankruptcy 
        Procedure may provide;
            ``(B) in a case under chapter 13, a claim of a governmental 
        unit for a tax with respect to a return filed under section 
        1308 shall be timely if the claim is filed on or before the 
        date that is 60 days after the date on which such return was 
        filed as required; and
            ``(C) a CARES forbearance claim (as defined in section 
        501(f)(1)) shall be timely filed if the claim is filed before 
        the date that is 120 days after the expiration of the 
        forbearance period of a loan granted forbearance under section 
        4022 or 4023 of the CARES Act (15 U.S.C. 9056, 9057).''.
        (3) Sunset.--Effective on the date that is 1 year after the 
    date of enactment of this Act--
            (A) section 501 of title 11, United States Code, is amended 
        by striking subsection (f); and
            (B) section 502(b)(9) of title 11, United States Code, is 
        amended--
                (i) in subparagraph (A), by adding ``and'' at the end;
                (ii) in subparagraph (B), by striking ``; and'' and 
            inserting a period; and
                (iii) by striking subparagraph (C).
    (e) Modification of Plan After Confirmation.--
        (1) In general.--Section 1329 of title 11, United States Code, 
    is amended by adding at the end the following:
    ``(e)(1) A debtor of a case for which a creditor files a proof of 
claim under section 501(f) may file a request for a modification of the 
plan to provide for the proof of claim.
    ``(2) If the debtor does not file a request for a modification of 
the plan under paragraph (1) on or before the date that is 30 days 
after the date on which a creditor files a claim under section 501(f), 
after notice, the court, on a motion of the court or on a motion of the 
United States trustee, the trustee, a bankruptcy administrator, or any 
party in interest, may request a modification of the plan to provide 
for the proof of claim.''.
        (2) Sunset.--Effective on the date that is 1 year after the 
    date of enactment of this Act, section 1329 of title 11, United 
    States Code, is amended by striking subsection (e).
    (f) Executory Contracts and Unexpired Leases.--
        (1) In general.--Section 365(d) of title 11, United States 
    Code, is amended--
            (A) in paragraph (3)--
                (i) by inserting ``(A)'' after ``(3)'';
                (ii) by inserting ``, except as provided in 
            subparagraph (B)'' after ``such 60-day period''; and
                (iii) by adding at the end the following:
    ``(B) In a case under subchapter V of chapter 11, the time for 
performance of an obligation described in subparagraph (A) arising 
under any unexpired lease of nonresidential real property may be 
extended by the court if the debtor is experiencing or has experienced 
a material financial hardship due, directly or indirectly, to the 
coronavirus disease 2019 (COVID-19) pandemic until the earlier of--
        ``(i) the date that is 60 days after the date of the order for 
    relief, which may be extended by the court for an additional period 
    of 60 days if the court determines that the debtor is continuing to 
    experience a material financial hardship due, directly or 
    indirectly, to the coronavirus disease 2019 (COVID-19) pandemic; or
        ``(ii) the date on which the lease is assumed or rejected under 
    this section.
    ``(C) An obligation described in subparagraph (A) for which an 
extension is granted under subparagraph (B) shall be treated as an 
administrative expense described in section 507(a)(2) for the purpose 
of section 1191(e).''; and
            (B) in paragraph (4), by striking ``120'' each place it 
        appears and inserting ``210''.
        (2) Sunset.--
            (A) In general.--Effective on the date that is 2 years 
        after the date of enactment of this Act, section 365(d) of 
        title 11, United States Code, is amended--
                (i) in paragraph (3)--

                    (I) by striking ``(A)'' after ``(3)'';
                    (II) by striking ``, except as provided in 
                subparagraph (B)'' after ``such 60-day period''; and
                    (III) by striking subparagraphs (B) and (C); and

                (ii) in paragraph (4), by striking ``210'' each place 
            it appears and inserting ``120''.
            (B) Subchapter v cases filed before sunset.--
        Notwithstanding the amendments made by subparagraph (A), the 
        amendments made by paragraph (1) shall apply in any case 
        commenced under subchapter V of chapter 11 of title 11, United 
        States Code, before the date that is 2 years after the date of 
        enactment of this Act.
    (g) Preferences.--
        (1) In general.--Section 547 of title 11, United States Code, 
    is amended--
            (A) in subsection (b), in the matter preceding paragraph 
        (1), by striking ``and (i)'' and inserting ``, (i), and (j)''; 
        and
            (B) by adding at the end the following:
    ``(j)(1) In this subsection:
        ``(A) The term `covered payment of rental arrearages' means a 
    payment of arrearages that--
            ``(i) is made in connection with an agreement or 
        arrangement--
                ``(I) between the debtor and a lessor to defer or 
            postpone the payment of rent and other periodic charges 
            under a lease of nonresidential real property; and
                ``(II) made or entered into on or after March 13, 2020;
            ``(ii) does not exceed the amount of rental and other 
        periodic charges agreed to under the lease of nonresidential 
        real property described in clause (i)(I) before March 13, 2020; 
        and
            ``(iii) does not include fees, penalties, or interest in an 
        amount greater than the amount of fees, penalties, or 
        interest--
                ``(I) scheduled to be paid under the lease of 
            nonresidential real property described in clause (i)(I); or
                ``(II) that the debtor would owe if the debtor had made 
            every payment due under the lease of nonresidential real 
            property described in clause (i)(I) on time and in full 
            before March 13, 2020.
        ``(B) The term `covered payment of supplier arrearages' means a 
    payment of arrearages that--
            ``(i) is made in connection with an agreement or 
        arrangement--
                ``(I) between the debtor and a supplier of goods or 
            services to defer or postpone the payment of amounts due 
            under an executory contract for goods or services; and
                ``(II) made or entered into on or after March 13, 2020;
            ``(ii) does not exceed the amount due under the executory 
        contract described in clause (i)(I) before March 13, 2020; and
            ``(iii) does not include fees, penalties, or interest in an 
        amount greater than the amount of fees, penalties, or 
        interest--
                ``(I) scheduled to be paid under the executory contract 
            described in clause (i)(I); or
                ``(II) that the debtor would owe if the debtor had made 
            every payment due under the executory contract described in 
            clause (i)(I) on time and in full before March 13, 2020.
    ``(2) The trustee may not avoid a transfer under this section for--
        ``(A) a covered payment of rental arrearages; or
        ``(B) a covered payment of supplier arrearages.''.
        (2) Sunset.--
            (A) In general.--Effective on the date that is 2 years 
        after the date of enactment of this Act, section 547 of title 
        11, United States Code, is amended--
                (i) in subsection (b), in the matter preceding 
            paragraph (1), by striking ``, (i), and (j)'' and inserting 
            ``and (i)''; and
                (ii) by striking subsection (j).
            (B) Cases filed before sunset.--Notwithstanding the 
        amendments made by subparagraph (A), the amendments made by 
        paragraph (1) shall apply in any case commenced under title 11, 
        United States Code, before the date that is 2 years after the 
        date of enactment of this Act.
    (h) Termination of Utility Services.--
        (1) In general.--Section 366 of title 11, United States Code, 
    is amended by adding at the end the following:
    ``(d) Notwithstanding any other provision of this section, a 
utility may not alter, refuse, or discontinue service to a debtor who 
does not furnish adequate assurance of payment under this section if 
the debtor--
        ``(1) is an individual;
        ``(2) makes a payment to the utility for any debt owed to the 
    utility for service provided during the 20-day period beginning on 
    the date of the order for relief; and
        ``(3) after the date on which the 20-day period beginning on 
    the date of the order for relief ends, makes a payment to the 
    utility for services provided during the pendency of case when such 
    a payment becomes due.''.
        (2) Sunset.--Effective on the date that is 1 year after the 
    date of enactment of this Act, section 366 of title 11, United 
    States Code, is amended by striking subsection (d).
    (i) Customs Duties.--
        (1) In general.--Section 507(d) of title 11, United States 
    Code, is amended--
            (A) by striking ``, (a)(8)'';
            (B) by inserting ``or subparagraphs (A) through (E) and (G) 
        of subsection (a)(8)'' after ``(a)(9)''; and
            (C) inserting ``or subparagraph'' after ``such 
        subsection''.
        (2) Sunset.--Effective on the date that is 1 year after the 
    date of enactment of this Act, section 507(d) of title 11, United 
    States Code, is amended--
            (A) by inserting ``, (a)(8)'' before ``, or (a)(9)'';
            (B) by striking ``or subparagraphs (A) through (E) and (G) 
        of subsection (a)(8)''; and
            (C) by striking ``or subparagraph'' after ``such 
        subsection''.

               TITLE XI--WESTERN WATER AND INDIAN AFFAIRS

SEC. 1101. AGING INFRASTRUCTURE ACCOUNT.
    Section 9603 of the Omnibus Public Land Management Act of 2009 (43 
U.S.C. 510b) is amended by adding at the end the following:
    ``(d) Aging Infrastructure Account.--
        ``(1) Establishment.--There is established in the general fund 
    of the Treasury a special account, to be known as the `Aging 
    Infrastructure Account' (referred to in this subsection as the 
    `Account'), to provide funds to, and provide for the extended 
    repayment of the funds by, a transferred works operating entity or 
    project beneficiary responsible for repayment of reimbursable costs 
    for the conduct of extraordinary operation and maintenance work at 
    a project facility, which shall consist of--
            ``(A) any amounts that are specifically appropriated to the 
        Account under section 9605; and
            ``(B) any amounts deposited in the Account under paragraph 
        (3)(B).
        ``(2) Expenditures.--Subject to paragraphs (3) and (6), the 
    Secretary may expend amounts in the Account to fund and provide for 
    extended repayment of the funds for eligible projects identified in 
    a report submitted under paragraph (5)(B).
        ``(3) Repayment contract.--
            ``(A) In general.--The Secretary may not expend amounts 
        under paragraph (2) with respect to an eligible project 
        described in that paragraph unless the transferred works 
        operating entity or project beneficiary responsible for 
        repayment of reimbursable costs has entered into a contract to 
        repay the amounts under subsection (b)(2).
            ``(B) Deposit of repaid funds.--Amounts repaid by a 
        transferred works operating entity or project beneficiary 
        responsible for repayment of reimbursable costs receiving funds 
        under a repayment contract entered into under this subsection 
        shall be deposited in the Account and shall be available to the 
        Secretary for expenditure, subject to paragraph (6), in 
        accordance with this subsection, and without further 
        appropriation.
        ``(4) Application for funding.--
            ``(A) In general.--Beginning with fiscal year 2022, not 
        less than once per fiscal year, the Secretary shall accept, 
        during an application period established by the Secretary, 
        applications from transferred works operating entities or 
        project beneficiaries responsible for payment of reimbursable 
        costs for funds and extended repayment for eligible projects.
            ``(B) Eligible project.--A project eligible for funding and 
        extended repayment under this subsection is a project that--
                ``(i) qualifies as an extraordinary operation and 
            maintenance work under this section;
                ``(ii) is for the major, non-recurring maintenance of a 
            mission-critical asset; and
                ``(iii) is not eligible to be carried out or funded 
            under the repayment provisions of section 4(c) of the 
            Reclamation Safety of Dams Act of 1978 (43 U.S.C. 508(c)).
            ``(C) Guidelines for applications.--Not later than 60 days 
        after the date of enactment of this subsection, the Secretary 
        shall issue guidelines describing the information required to 
        be provided in an application for funds and extended repayment 
        under this subsection that require, at a minimum--
                ``(i) a description of the project for which the funds 
            are requested;
                ``(ii) the amount of funds requested;
                ``(iii) the repayment period requested by the 
            transferred works operating entity or project beneficiary 
            responsible for repayment of reimbursable costs;
                ``(iv) alternative non-Federal funding options that 
            have been evaluated;
                ``(v) the financial justification for requesting an 
            extended repayment period; and
                ``(vi) the financial records of the transferred works 
            operating entity or project beneficiary responsible for 
            repayment of reimbursable costs.
            ``(D) Review by the secretary.--The Secretary shall review 
        each application submitted under subparagraph (A)--
                ``(i) to determine whether the project is eligible for 
            funds and an extended repayment period under this 
            subsection;
                ``(ii) to determine if the project has been identified 
            by the Bureau of Reclamation as part of the major 
            rehabilitation and replacement of a project facility; and
                ``(iii) to conduct a financial analysis of--

                    ``(I) the project; and
                    ``(II) repayment capability of the transferred 
                works operating entity or project beneficiary 
                responsible for repayment of reimbursable costs.

        ``(5) Report.--Not later than 90 days after the date on which 
    an application period closes under paragraph (4)(A), the Secretary 
    shall submit to the Committees on Energy and Natural Resources and 
    Appropriations of the Senate and the Committees on Natural 
    Resources and Appropriations of the House of Representatives a 
    report that--
            ``(A) describes the results of the Secretary's review of 
        each application under paragraph (4)(D), including a 
        determination of whether the project is eligible;
            ``(B) identifies each project eligible for funds and 
        extended repayment under this subsection;
            ``(C) with respect to each eligible project identified 
        under subparagraph (B), includes--
                ``(i) a description of--

                    ``(I) the eligible project;
                    ``(II) the anticipated cost and duration of the 
                eligible project;
                    ``(III) any remaining engineering or environmental 
                compliance that is required before the eligible project 
                commences;
                    ``(IV) any recommendations the Secretary may have 
                concerning the plan or design of the project; and
                    ``(V) any conditions the Secretary may require for 
                construction of the project;

                ``(ii) an analysis of--

                    ``(I) the repayment period proposed in the 
                application; and
                    ``(II) if the Secretary recommends a minimum 
                necessary repayment period that is different than the 
                repayment period proposed in the application, the 
                minimum necessary repayment period recommended by the 
                Secretary; and

                ``(iii) an analysis of alternative non-Federal funding 
            options;
            ``(D) describes the allocation of funds from deposits into 
        the Account under paragraph (3)(B); and
            ``(E) describes the balance of funds in the Account as of 
        the date of the report.
        ``(6) Alternative allocation.--
            ``(A) In general.--Appropriations Acts may provide for 
        alternate allocation of amounts reported pursuant to paragraph 
        (5)(D) that are made available under this subsection.
            ``(B) Allocation by secretary.--
                ``(i) No alternate allocations.--If Congress has not 
            enacted legislation establishing alternate allocations by 
            the date on which the Act making full-year appropriations 
            for energy and water development and related agencies for 
            the applicable fiscal year is enacted into law, amounts 
            made available under paragraph (1) shall be allocated by 
            the Secretary.
                ``(ii) Insufficient alternate allocations.--If Congress 
            enacts legislation establishing alternate allocations for 
            amounts made available under paragraph (1) that are less 
            than the full amount appropriated under that paragraph, the 
            difference between the amount appropriated and the 
            alternate allocation shall be allocated by the Secretary.
        ``(7) Effect of subsection.--Nothing in this subsection 
    affects--
            ``(A) any funding provided, or contracts entered into, 
        under subsection (a) before the date of enactment of this 
        subsection; or
            ``(B) the use of funds otherwise made available to the 
        Secretary to carry out subsection (a).''.
SEC. 1102. NAVAJO-UTAH WATER RIGHTS SETTLEMENT.
    (a) Purposes.--The purposes of this section are--
        (1) to achieve a fair, equitable, and final settlement of all 
    claims to water rights in the State of Utah for--
            (A) the Navajo Nation; and
            (B) the United States, for the benefit of the Nation;
        (2) to authorize, ratify, and confirm the agreement entered 
    into by the Nation and the State, to the extent that the agreement 
    is consistent with this section;
        (3) to authorize and direct the Secretary--
            (A) to execute the agreement; and
            (B) to take any actions necessary to carry out the 
        agreement in accordance with this section; and
        (4) to authorize funds necessary for the implementation of the 
    agreement and this section.
    (b) Definitions.--In this section:
        (1) Agreement.--The term ``agreement'' means--
            (A) the document entitled ``Navajo Utah Water Rights 
        Settlement Agreement'' dated December 14, 2015, and the 
        exhibits attached thereto; and
            (B) any amendment or exhibit to the document or exhibits 
        referenced in subparagraph (A) to make the document or exhibits 
        consistent with this section.
        (2) Allotment.--The term ``allotment'' means a parcel of land--
            (A) granted out of the public domain that is--
                (i) located within the exterior boundaries of the 
            Reservation; or
                (ii) Bureau of Indian Affairs parcel number 792 634511 
            in San Juan County, Utah, consisting of 160 acres located 
            in Township 41S, Range 20E, sections 11, 12, and 14, 
            originally set aside by the United States for the benefit 
            of an individual identified in the allotting document as a 
            Navajo Indian; and
            (B) held in trust by the United States--
                (i) for the benefit of an individual, individuals, or 
            an Indian Tribe other than the Navajo Nation; or
                (ii) in part for the benefit of the Navajo Nation as of 
            the enforceability date.
        (3) Allottee.--The term ``allottee'' means an individual or 
    Indian Tribe with a beneficial interest in an allotment held in 
    trust by the United States.
        (4) Enforceability date.--The term ``enforceability date'' 
    means the date on which the Secretary publishes in the Federal 
    Register the statement of findings described in subsection (g)(1).
        (5) General stream adjudication.--The term ``general stream 
    adjudication'' means the adjudication pending, as of the date of 
    enactment of this Act, in the Seventh Judicial District in and for 
    Grand County, State of Utah, commonly known as the ``Southeastern 
    Colorado River General Adjudication'', Civil No. 810704477, 
    conducted pursuant to State law.
        (6) Injury to water rights.--The term ``injury to water 
    rights'' means an interference with, diminution of, or deprivation 
    of water rights under Federal or State law, excluding injuries to 
    water quality.
        (7) Member.--The term ``member'' means any person who is a duly 
    enrolled member of the Navajo Nation.
        (8) Navajo nation or nation.--The term ``Navajo Nation'' or 
    ``Nation'' means a body politic and federally recognized Indian 
    nation, as published on the list established under section 104(a) 
    of the Federally Recognized Indian Tribe List Act of 1994 (25 
    U.S.C. 5131(a)), also known variously as the ``Navajo Nation'', the 
    ``Navajo Nation of Arizona, New Mexico, & Utah'', and the ``Navajo 
    Nation of Indians'' and other similar names, and includes all bands 
    of Navajo Indians and chapters of the Navajo Nation and all 
    divisions, agencies, officers, and agents thereof.
        (9) Navajo water development projects.--The term ``Navajo water 
    development projects'' means projects for domestic municipal water 
    supply, including distribution infrastructure, and agricultural 
    water conservation, to be constructed, in whole or in part, using 
    monies from the Navajo Water Development Projects Account.
        (10) Navajo water rights.--The term ``Navajo water rights'' 
    means the Nation's water rights in Utah described in the agreement 
    and this section.
        (11) OM&R.--The term ``OM&R'' means operation, maintenance, and 
    replacement.
        (12) Parties.--The term ``parties'' means the Navajo Nation, 
    the State, and the United States.
        (13) Reservation.--The term ``Reservation'' means, for purposes 
    of the agreement and this section, the Reservation of the Navajo 
    Nation in Utah as in existence on the date of enactment of this Act 
    and depicted on the map attached to the agreement as Exhibit A, 
    including any parcel of land granted out of the public domain and 
    held in trust by the United States entirely for the benefit of the 
    Navajo Nation as of the enforceability date.
        (14) Secretary.--The term ``Secretary'' means the Secretary of 
    the Interior or a duly authorized representative thereof.
        (15) State.--The term ``State'' means the State of Utah and all 
    officers, agents, departments, and political subdivisions thereof.
        (16) United states.--The term ``United States'' means the 
    United States of America and all departments, agencies, bureaus, 
    officers, and agents thereof.
        (17) United states acting in its trust capacity.--The term 
    ``United States acting in its trust capacity'' means the United 
    States acting for the benefit of the Navajo Nation or for the 
    benefit of allottees.
    (c) Ratification of Agreement.--
        (1) Approval by congress.--Except to the extent that any 
    provision of the agreement conflicts with this section, Congress 
    approves, ratifies, and confirms the agreement (including any 
    amendments to the agreement that are executed to make the agreement 
    consistent with this section).
        (2) Execution by secretary.--The Secretary is authorized and 
    directed to promptly execute the agreement to the extent that the 
    agreement does not conflict with this section, including--
            (A) any exhibits to the agreement requiring the signature 
        of the Secretary; and
            (B) any amendments to the agreement necessary to make the 
        agreement consistent with this section.
        (3) Environmental compliance.--
            (A) In general.--In implementing the agreement and this 
        section, the Secretary shall comply with all applicable 
        provisions of--
                (i) the Endangered Species Act of 1973 (16 U.S.C. 1531 
            et seq.);
                (ii) the National Environmental Policy Act of 1969 (42 
            U.S.C. 4321 et seq.); and
                (iii) all other applicable environmental laws and 
            regulations.
            (B) Execution of the agreement.--Execution of the agreement 
        by the Secretary as provided for in this section shall not 
        constitute a major Federal action under the National 
        Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).
    (d) Navajo Water Rights.--
        (1) Confirmation of navajo water rights.--
            (A) Quantification.--The Navajo Nation shall have the right 
        to use water from water sources located within Utah and 
        adjacent to or encompassed within the boundaries of the 
        Reservation resulting in depletions not to exceed 81,500 acre-
        feet annually as described in the agreement and as confirmed in 
        the decree entered by the general stream adjudication court.
            (B) Satisfaction of allottee rights.--Depletions resulting 
        from the use of water on an allotment shall be accounted for as 
        a depletion by the Navajo Nation for purposes of depletion 
        accounting under the agreement, including recognition of--
                (i) any water use existing on an allotment as of the 
            date of enactment of this Act and as subsequently reflected 
            in the hydrographic survey report referenced in subsection 
            (f)(2);
                (ii) reasonable domestic and stock water uses put into 
            use on an allotment; and
                (iii) any allotment water rights that may be decreed in 
            the general stream adjudication or other appropriate forum.
            (C) Satisfaction of on-reservation state law-based water 
        rights.--Depletions resulting from the use of water on the 
        Reservation pursuant to State law-based water rights existing 
        as of the date of enactment of this Act shall be accounted for 
        as depletions by the Navajo Nation for purposes of depletion 
        accounting under the agreement.
            (D) In general.--The Navajo water rights are ratified, 
        confirmed, and declared to be valid.
            (E) Use.--Any use of the Navajo water rights shall be 
        subject to the terms and conditions of the agreement and this 
        section.
            (F) Conflict.--In the event of a conflict between the 
        agreement and this section, the provisions of this section 
        shall control.
        (2) Trust status of navajo water rights.--The Navajo water 
    rights--
            (A) shall be held in trust by the United States for the use 
        and benefit of the Nation in accordance with the agreement and 
        this section; and
            (B) shall not be subject to forfeiture or abandonment.
        (3) Authority of the nation.--
            (A) In general.--The Nation shall have the authority to 
        allocate, distribute, and lease the Navajo water rights for any 
        use on the Reservation in accordance with the agreement, this 
        section, and applicable Tribal and Federal law.
            (B) Off-reservation use.--The Nation may allocate, 
        distribute, and lease the Navajo water rights for off-
        Reservation use in accordance with the agreement, subject to 
        the approval of the Secretary.
            (C) Allottee water rights.--The Nation shall not object in 
        the general stream adjudication or other applicable forum to 
        the quantification of reasonable domestic and stock water uses 
        on an allotment, and shall administer any water use on the 
        Reservation in accordance with applicable Federal law, 
        including recognition of--
                (i) any water use existing on an allotment as of the 
            date of enactment of this Act and as subsequently reflected 
            in the hydrographic survey report referenced in subsection 
            (f)(2);
                (ii) reasonable domestic and stock water uses on an 
            allotment; and
                (iii) any allotment water rights decreed in the general 
            stream adjudication or other appropriate forum.
        (4) Effect.--Except as otherwise expressly provided in this 
    subsection, nothing in this section--
            (A) authorizes any action by the Nation against the United 
        States under Federal, State, Tribal, or local law; or
            (B) alters or affects the status of any action brought 
        pursuant to section 1491(a) of title 28, United States Code.
    (e) Navajo Trust Accounts.--
        (1) Establishment.--The Secretary shall establish a trust fund, 
    to be known as the ``Navajo Utah Settlement Trust Fund'' (referred 
    to in this section as the ``Trust Fund''), to be managed, invested, 
    and distributed by the Secretary and to remain available until 
    expended, consisting of the amounts deposited in the Trust Fund 
    under paragraph (3), together with any interest earned on those 
    amounts, for the purpose of carrying out this section.
        (2) Accounts.--The Secretary shall establish in the Trust Fund 
    the following Accounts (referred to in this subsection as the 
    ``Trust Fund Accounts''):
            (A) The Navajo Water Development Projects Account.
            (B) The Navajo OM&R Account.
        (3) Deposits.--The Secretary shall deposit in the Trust Fund 
    Accounts--
            (A) in the Navajo Water Development Projects Account, the 
        amounts made available pursuant to subsection (f)(1)(A); and
            (B) in the Navajo OM&R Account, the amount made available 
        pursuant to subsection (f)(1)(B).
        (4) Management and interest.--
            (A) Management.--Upon receipt and deposit of the funds into 
        the Trust Fund Accounts, the Secretary shall manage, invest, 
        and distribute all amounts in the Trust Fund in a manner that 
        is consistent with the investment authority of the Secretary 
        under--
                (i) the first section of the Act of June 24, 1938 (25 
            U.S.C. 162a);
                (ii) the American Indian Trust Fund Management Reform 
            Act of 1994 (25 U.S.C. 4001 et seq.); and
                (iii) this subsection.
            (B) Investment earnings.--In addition to the deposits under 
        paragraph (3), any investment earnings, including interest, 
        credited to amounts held in the Trust Fund are authorized to be 
        appropriated to be used in accordance with the uses described 
        in paragraph (8).
        (5) Availability of amounts.--Amounts appropriated to, and 
    deposited in, the Trust Fund, including any investment earnings, 
    shall be made available to the Nation by the Secretary beginning on 
    the enforceability date and subject to the uses and restrictions 
    set forth in this subsection.
        (6) Withdrawals.--
            (A) Withdrawals under the american indian trust fund 
        management reform act of 1994.--The Nation may withdraw any 
        portion of the funds in the Trust Fund on approval by the 
        Secretary of a tribal management plan submitted by the Nation 
        in accordance with the American Indian Trust Fund Management 
        Reform Act of 1994 (25 U.S.C. 4001 et seq.).
                (i) Requirements.--In addition to the requirements 
            under the American Indian Trust Fund Management Reform Act 
            of 1994 (25 U.S.C. 4001 et seq.), the tribal management 
            plan under this subparagraph shall require that the Nation 
            shall spend all amounts withdrawn from the Trust Fund and 
            any investment earnings accrued through the investments 
            under the Tribal management plan in accordance with this 
            section.
                (ii) Enforcement.--The Secretary may carry out such 
            judicial and administrative actions as the Secretary 
            determines to be necessary to enforce the Tribal management 
            plan to ensure that amounts withdrawn by the Nation from 
            the Trust Fund under this subparagraph are used in 
            accordance with this section.
            (B) Withdrawals under expenditure plan.--The Nation may 
        submit to the Secretary a request to withdraw funds from the 
        Trust Fund pursuant to an approved expenditure plan.
                (i) Requirements.--To be eligible to withdraw funds 
            under an expenditure plan under this subparagraph, the 
            Nation shall submit to the Secretary for approval an 
            expenditure plan for any portion of the Trust Fund that the 
            Nation elects to withdraw pursuant to this subparagraph, 
            subject to the condition that the funds shall be used for 
            the purposes described in this section.
                (ii) Inclusions.--An expenditure plan under this 
            subparagraph shall include a description of the manner and 
            purpose for which the amounts proposed to be withdrawn from 
            the Trust Fund will be used by the Nation, in accordance 
            with paragraphs (3) and (8).
                (iii) Approval.--On receipt of an expenditure plan 
            under this subparagraph, the Secretary shall approve the 
            plan, if the Secretary determines that the plan--

                    (I) is reasonable;
                    (II) is consistent with, and will be used for, the 
                purposes of this section; and
                    (III) contains a schedule which describes that 
                tasks will be completed within 18 months of receipt of 
                withdrawn amounts.

                (iv) Enforcement.--The Secretary may carry out such 
            judicial and administrative actions as the Secretary 
            determines to be necessary to enforce an expenditure plan 
            to ensure that amounts disbursed under this subparagraph 
            are used in accordance with this section.
        (7) Effect of title.--Nothing in this section gives the Nation 
    the right to judicial review of a determination of the Secretary 
    regarding whether to approve a Tribal management plan or an 
    expenditure plan except under subchapter II of chapter 5, and 
    chapter 7, of title 5, United States Code (commonly known as the 
    ``Administrative Procedure Act'').
        (8) Uses.--Amounts from the Trust Fund shall be used by the 
    Nation for the following purposes:
            (A) The Navajo Water Development Projects Account shall be 
        used to plan, design, and construct the Navajo water 
        development projects and for the conduct of related activities, 
        including to comply with Federal environmental laws.
            (B) The Navajo OM&R Account shall be used for the 
        operation, maintenance, and replacement of the Navajo water 
        development projects.
        (9) Liability.--The Secretary and the Secretary of the Treasury 
    shall not be liable for the expenditure or investment of any 
    amounts withdrawn from the Trust Fund by the Nation under paragraph 
    (6).
        (10) No per capita distributions.--No portion of the Trust Fund 
    shall be distributed on a per capita basis to any member of the 
    Nation.
        (11) Expenditure reports.--The Navajo Nation shall submit to 
    the Secretary annually an expenditure report describing 
    accomplishments and amounts spent from use of withdrawals under a 
    Tribal management plan or an expenditure plan as described in this 
    section.
    (f) Authorization of Appropriations.--
        (1) Authorization.--There are authorized to be appropriated to 
    the Secretary--
            (A) for deposit in the Navajo Water Development Projects 
        Account of the Trust Fund established under subsection 
        (e)(2)(A), $198,300,000, which funds shall be retained until 
        expended, withdrawn, or reverted to the general fund of the 
        Treasury; and
            (B) for deposit in the Navajo OM&R Account of the Trust 
        Fund established under subsection (e)(2)(B), $11,100,000, which 
        funds shall be retained until expended, withdrawn, or reverted 
        to the general fund of the Treasury.
        (2) Implementation costs.--There is authorized to be 
    appropriated non-trust funds in the amount of $1,000,000 to assist 
    the United States with costs associated with the implementation of 
    this section, including the preparation of a hydrographic survey of 
    historic and existing water uses on the Reservation and on 
    allotments.
        (3) State cost share.--The State shall contribute $8,000,000 
    payable to the Secretary for deposit into the Navajo Water 
    Development Projects Account of the Trust Fund established under 
    subsection (e)(2)(A) in installments in each of the 3 years 
    following the execution of the agreement by the Secretary as 
    provided for in subsection (c)(2).
        (4) Fluctuation in costs.--The amount authorized to be 
    appropriated under paragraph (1) shall be increased or decreased, 
    as appropriate, by such amounts as may be justified by reason of 
    ordinary fluctuations in costs occurring after the date of 
    enactment of this Act as indicated by the Bureau of Reclamation 
    Construction Cost Index--Composite Trend.
            (A) Repetition.--The adjustment process under this 
        paragraph shall be repeated for each subsequent amount 
        appropriated until the amount authorized, as adjusted, has been 
        appropriated.
            (B) Period of indexing.--The period of indexing adjustment 
        for any increment of funding shall end on the date on which 
        funds are deposited into the Trust Fund.
    (g) Conditions Precedent.--
        (1) In general.--The waivers and releases contained in 
    subsection (h) shall become effective as of the date the Secretary 
    causes to be published in the Federal Register a statement of 
    findings that--
            (A) to the extent that the agreement conflicts with this 
        section, the agreement has been revised to conform with this 
        section;
            (B) the agreement, so revised, including waivers and 
        releases of claims set forth in subsection (h), has been 
        executed by the parties, including the United States;
            (C) Congress has fully appropriated, or the Secretary has 
        provided from other authorized sources, all funds authorized 
        under subsection (f)(1);
            (D) the State has enacted any necessary legislation and 
        provided the funding required under the agreement and 
        subsection (f)(3); and
            (E) the court has entered a final or interlocutory decree 
        that--
                (i) confirms the Navajo water rights consistent with 
            the agreement and this section; and
                (ii) with respect to the Navajo water rights, is final 
            and nonappealable.
        (2) Expiration date.--If all the conditions precedent described 
    in paragraph (1) have not been fulfilled to allow the Secretary's 
    statement of findings to be published in the Federal Register by 
    October 31, 2030--
            (A) the agreement and this section, including waivers and 
        releases of claims described in those documents, shall no 
        longer be effective;
            (B) any funds that have been appropriated pursuant to 
        subsection (f) but not expended, including any investment 
        earnings on funds that have been appropriated pursuant to such 
        subsection, shall immediately revert to the general fund of the 
        Treasury; and
            (C) any funds contributed by the State pursuant to 
        subsection (f)(3) but not expended shall be returned 
        immediately to the State.
        (3) Extension.--The expiration date set forth in paragraph (2) 
    may be extended if the Navajo Nation, the State, and the United 
    States (acting through the Secretary) agree that an extension is 
    reasonably necessary.
    (h) Waivers and Releases.--
        (1) In general.--
            (A) Waiver and release of claims by the nation and the 
        united states acting in its capacity as trustee for the 
        nation.--Subject to the retention of rights set forth in 
        paragraph (3), in return for confirmation of the Navajo water 
        rights and other benefits set forth in the agreement and this 
        section, the Nation, on behalf of itself and the members of the 
        Nation (other than members in their capacity as allottees), and 
        the United States, acting as trustee for the Nation and members 
        of the Nation (other than members in their capacity as 
        allottees), are authorized and directed to execute a waiver and 
        release of--
                (i) all claims for water rights within Utah based on 
            any and all legal theories that the Navajo Nation or the 
            United States acting in its trust capacity for the Nation, 
            asserted, or could have asserted, at any time in any 
            proceeding, including to the general stream adjudication, 
            up to and including the enforceability date, except to the 
            extent that such rights are recognized in the agreement and 
            this section; and
                (ii) all claims for damages, losses, or injuries to 
            water rights or claims of interference with, diversion, or 
            taking of water rights (including claims for injury to 
            lands resulting from such damages, losses, injuries, 
            interference with, diversion, or taking of water rights) 
            within Utah against the State, or any person, entity, 
            corporation, or municipality, that accrued at any time up 
            to and including the enforceability date.
        (2) Claims by the navajo nation against the united states.--The 
    Navajo Nation, on behalf of itself (including in its capacity as 
    allottee) and its members (other than members in their capacity as 
    allottees), shall execute a waiver and release of--
            (A) all claims the Navajo Nation may have against the 
        United States relating in any manner to claims for water rights 
        in, or water of, Utah that the United States acting in its 
        trust capacity for the Nation asserted, or could have asserted, 
        in any proceeding, including the general stream adjudication;
            (B) all claims the Navajo Nation may have against the 
        United States relating in any manner to damages, losses, or 
        injuries to water, water rights, land, or other resources due 
        to loss of water or water rights (including damages, losses, or 
        injuries to hunting, fishing, gathering, or cultural rights due 
        to loss of water or water rights; claims relating to 
        interference with, diversion, or taking of water; or claims 
        relating to failure to protect, acquire, replace, or develop 
        water or water rights) within Utah that first accrued at any 
        time up to and including the enforceability date;
            (C) all claims the Nation may have against the United 
        States relating in any manner to the litigation of claims 
        relating to the Nation's water rights in proceedings in Utah; 
        and
            (D) all claims the Nation may have against the United 
        States relating in any manner to the negotiation, execution, or 
        adoption of the agreement or this section.
        (3) Reservation of rights and retention of claims by the navajo 
    nation and the united states.--Notwithstanding the waivers and 
    releases authorized in this section, the Navajo Nation, and the 
    United States acting in its trust capacity for the Nation, retain--
            (A) all claims for injuries to and the enforcement of the 
        agreement and the final or interlocutory decree entered in the 
        general stream adjudication, through such legal and equitable 
        remedies as may be available in the decree court or the Federal 
        District Court for the District of Utah;
            (B) all rights to use and protect water rights acquired 
        after the enforceability date;
            (C) all claims relating to activities affecting the quality 
        of water, including any claims under the Comprehensive 
        Environmental Response, Compensation, and Liability Act of 1980 
        (42 U.S.C. 9601 et seq.) (including claims for damages to 
        natural resources), the Safe Drinking Water Act (42 U.S.C. 300f 
        et seq.), and the Federal Water Pollution Control Act (33 
        U.S.C. 1251 et seq.), the regulations implementing those Acts, 
        and the common law;
            (D) all claims for water rights, and claims for injury to 
        water rights, in States other than the State of Utah;
            (E) all claims, including environmental claims, under any 
        laws (including regulations and common law) relating to human 
        health, safety, or the environment; and
            (F) all rights, remedies, privileges, immunities, and 
        powers not specifically waived and released pursuant to the 
        agreement and this section.
        (4) Effect.--Nothing in the agreement or this section--
            (A) affects the ability of the United States acting in its 
        sovereign capacity to take actions authorized by law, including 
        any laws relating to health, safety, or the environment, 
        including the Comprehensive Environmental Response, 
        Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et 
        seq.), the Safe Drinking Water Act (42 U.S.C. 300f et seq.), 
        the Federal Water Pollution Control Act (33 U.S.C. 1251 et 
        seq.), the Solid Waste Disposal Act (42 U.S.C. 6901 et seq.), 
        and the regulations implementing those laws;
            (B) affects the ability of the United States to take 
        actions in its capacity as trustee for any other Indian Tribe 
        or allottee;
            (C) confers jurisdiction on any State court to--
                (i) interpret Federal law regarding health, safety, or 
            the environment or determine the duties of the United 
            States or other parties pursuant to such Federal law; and
                (ii) conduct judicial review of Federal agency action; 
            or
            (D) modifies, conflicts with, preempts, or otherwise 
        affects--
                (i) the Boulder Canyon Project Act (43 U.S.C. 617 et 
            seq.);
                (ii) the Boulder Canyon Project Adjustment Act (43 
            U.S.C. 618 et seq.);
                (iii) the Act of April 11, 1956 (commonly known as the 
            ``Colorado River Storage Project Act'') (43 U.S.C. 620 et 
            seq.);
                (iv) the Colorado River Basin Project Act (43 U.S.C. 
            1501 et seq.);
                (v) the Treaty between the United States of America and 
            Mexico respecting utilization of waters of the Colorado and 
            Tijuana Rivers and of the Rio Grande, signed at Washington 
            February 3, 1944 (59 Stat. 1219);
                (vi) the Colorado River Compact of 1922, as approved by 
            the Presidential Proclamation of June 25, 1929 (46 Stat. 
            3000); and
                (vii) the Upper Colorado River Basin Compact as 
            consented to by the Act of April 6, 1949 (63 Stat. 31, 
            chapter 48).
        (5) Tolling of claims.--
            (A) In general.--Each applicable period of limitation and 
        time-based equitable defense relating to a claim waived by the 
        Navajo Nation described in this subsection shall be tolled for 
        the period beginning on the date of enactment of this Act and 
        ending on the enforceability date.
            (B) Effect of paragraph.--Nothing in this paragraph revives 
        any claim or tolls any period of limitation or time-based 
        equitable defense that expired before the date of enactment of 
        this Act.
            (C) Limitation.--Nothing in this subsection precludes the 
        tolling of any period of limitations or any time-based 
        equitable defense under any other applicable law.
    (i) Miscellaneous Provisions.--
        (1) Precedent.--Nothing in this section establishes any 
    standard for the quantification or litigation of Federal reserved 
    water rights or any other Indian water claims of any other Indian 
    Tribe in any other judicial or administrative proceeding.
        (2) Other indian tribes.--Nothing in the agreement or this 
    section shall be construed in any way to quantify or otherwise 
    adversely affect the water rights, claims, or entitlements to water 
    of any Indian Tribe, band, or community, other than the Navajo 
    Nation.
    (j) Relation to Allottees.--
        (1) No effect on claims of allottees.--Nothing in this section 
    or the agreement shall affect the rights or claims of allottees, or 
    the United States, acting in its capacity as trustee for or on 
    behalf of allottees, for water rights or damages related to lands 
    allotted by the United States to allottees, except as provided in 
    subsection (d)(1)(B).
        (2) Relationship of decree to allottees.--Allottees, or the 
    United States, acting in its capacity as trustee for allottees, are 
    not bound by any decree entered in the general stream adjudication 
    confirming the Navajo water rights and shall not be precluded from 
    making claims to water rights in the general stream adjudication. 
    Allottees, or the United States, acting in its capacity as trustee 
    for allottees, may make claims and such claims may be adjudicated 
    as individual water rights in the general stream adjudication.
    (k) Antideficiency.--The United States shall not be liable for any 
failure to carry out any obligation or activity authorized by this 
section (including any obligation or activity under the agreement) if 
adequate appropriations are not provided expressly by Congress to carry 
out the purposes of this section.
SEC. 1103. AAMODT LITIGATION SETTLEMENT COMPLETION.
    (a) Definition of 611(g) Agreement.--Section 602 of the Aamodt 
Litigation Settlement Act (Public Law 111-291; 124 Stat. 3134) is 
amended--
        (1) by redesignating paragraphs (1) through (23) as paragraphs 
    (2) through (24), respectively; and
        (2) by inserting before paragraph (2) (as so redesignated) the 
    following:
        ``(1) 611(g) agreement.--The term `611(g) Agreement' means the 
    agreement dated September 17, 2019, executed by the United States, 
    the State, the Pueblos, the County, and the City pursuant to 
    section 611(g).''.
    (b) Final Project Design.--Section 611(b) of the Aamodt Litigation 
Settlement Act (Public Law 111-291; 124 Stat. 3137) is amended, in the 
matter preceding paragraph (1), by striking ``within 90 days of'' and 
inserting ``as soon as feasible after''.
    (c) Construction Costs for Pueblo Water Facilities.--Section 611(f) 
of the Aamodt Litigation Settlement Act (Public Law 111-291; 124 Stat. 
3138) is amended--
        (1) in paragraph (1)--
            (A) in subparagraph (A), by striking `` $106,400,000'' and 
        inserting `` $243,400,000''; and
            (B) by striking subparagraph (B) and inserting the 
        following:
            ``(B) Exception.--Of the amount described in subparagraph 
        (A)--
                ``(i) the initial $106,400,000 shall be increased or 
            decreased, as appropriate, based on ordinary fluctuations 
            in construction costs since October 1, 2006, as determined 
            using applicable engineering cost indices; and
                ``(ii) any amounts made available in excess of the 
            amount described in clause (i) shall be increased or 
            decreased, as appropriate, based on ordinary fluctuations 
            in construction costs since October 1, 2018, as determined 
            using applicable engineering cost indices.''; and
        (2) in paragraph (3), by inserting ``and the 611(g) Agreement'' 
    after ``the Cost-Sharing and System Integration Agreement''.
    (d) Funding for Regional Water System.--Section 617(a)(1)(B) of the 
Aamodt Litigation Settlement Act (Public Law 111-291; 124 Stat. 3147) 
is amended--
        (1) by striking the period at the end and inserting ``; and'';
        (2) by striking ``section 616 $50,000,000'' and inserting the 
    following: ``section 616--
                ``(i) $50,000,000''; and
        (3) by adding at the end the following:
                ``(ii) subject to the availability of appropriations 
            and in addition to the amounts made available under clause 
            (i), $137,000,000, as adjusted under paragraph (4), for the 
            period of fiscal years 2021 through 2028.''.
    (e) Adjustment.--Section 617(a)(4) of the Aamodt Litigation 
Settlement Act (Public Law 111-291; 124 Stat. 3147) is amended by 
striking ``since October 1, 2006, as determined using applicable 
engineering cost indices'' and inserting ``pursuant to section 
611(f)(1)(B)''.
    (f) Execution of Agreement Under Section 611(g).--Section 621 of 
the Aamodt Litigation Settlement Act (Public Law 111-291; 124 Stat. 
3149) is amended by striking subsections (a) and (b) and inserting the 
following:
    ``(a) Approval.--To the extent the Settlement Agreement, the Cost-
Sharing and System Integration Agreement, and the 611(g) Agreement do 
not conflict with this title, the Settlement Agreement, the Cost-
Sharing and System Integration Agreement, and the 611(g) Agreement 
(including any amendments to the Settlement Agreement, the Cost-Sharing 
and System Integration Agreement, and the 611(g) Agreement that are 
executed to make the Settlement Agreement, the Cost-Sharing and System 
Integration Agreement, or the 611(g) Agreement consistent with this 
title) are authorized, ratified, and confirmed.
    ``(b) Execution.--To the extent the Settlement Agreement, the Cost-
Sharing and System Integration Agreement, and the 611(g) Agreement do 
not conflict with this title, the Secretary shall execute the 
Settlement Agreement, the Cost-Sharing and System Integration 
Agreement, and the 611(g) Agreement (including any amendments that are 
necessary to make the Settlement Agreement, the Cost-Sharing and System 
Integration Agreement, or the 611(g) Agreement consistent with this 
title).''.
    (g) Requirements for Determination of Substantial Completion of the 
Regional Water System.--Section 623(e) of the Aamodt Litigation 
Settlement Act (Public Law 111-291; 124 Stat. 3151) is amended--
        (1) by striking paragraph (1) and inserting the following:
        ``(1) Criteria for substantial completion of regional water 
    system.--Subject to the provisions of section 611(d) concerning the 
    extent, size, and capacity of the County Distribution System, the 
    Regional Water System shall be determined to be substantially 
    completed if--
            ``(A) the infrastructure has been constructed capable of--
                ``(i) diverting, treating, transmitting, and 
            distributing a supply of 2,500 acre-feet of water to the 
            Pueblos consistent with the Engineering Report (as amended 
            by the 611(g) Agreement and the Operating Agreement); and
                ``(ii) diverting, treating, and transmitting the 
            quantity of water specified in the Engineering Report to 
            the County Distribution System and consistent with the 
            Engineering Report (as amended by the 611(g) Agreement and 
            the Operating Agreement); or
            ``(B) the Secretary--
                ``(i) issues a notice to proceed authorizing the 
            commencement of Phase I construction of the Regional Water 
            System by December 31, 2019, and subsequently commences 
            construction of the Regional Water System;
                ``(ii) diligently proceeds to construct the Regional 
            Water System in accordance with the Engineering Report (as 
            amended by the 611(g) Agreement), on a schedule for 
            completion by June 30, 2028;
                ``(iii) expends all of the available funding provided 
            to construct the Regional Water System under section 
            611(f)(1)(A), in the Cost-Sharing and System Integration 
            Agreement, and in the 611(g) Agreement;
                ``(iv) complies with the terms of the 611(g) Agreement; 
            and
                ``(v) despite diligent efforts cannot complete 
            construction of the Regional Water System as described in 
            the final Engineering Report (as amended by the 611(g) 
            Agreement), due solely to the lack of additional authorized 
            funding.'';
        (2) in paragraph (2)--
            (A) by striking ``2021'' and inserting ``2025''; and
            (B) by striking ``2024'' and inserting ``2028'';
        (3) in paragraph (3), in the matter preceding subparagraph (A), 
    by striking ``2021'' and inserting ``2025'';
        (4) in paragraph (4)(B)(ii)(II), by striking ``2023'' and 
    inserting ``2027''; and
        (5) in paragraph (5)(A), by striking ``2024'' and inserting 
    ``2028''.
SEC. 1104. KICKAPOO TRIBE.
    (a) Definition of Upper Delaware and Tributaries Watershed Plan.--
In this section, the term ``Upper Delaware and Tributaries Watershed 
Plan'' means the plan described in the document entitled ``Watershed 
Plan and Environmental Impact Statement Upper Delaware and Tributaries 
Watershed Atchison, Brown, Jackson, and Nemaha Counties, Kansas'', 
dated January 1994, and supplemented in June 1994--
        (1) developed, pursuant to the Watershed Protection and Flood 
    Prevention Act (16 U.S.C. 1001 et seq.)--
            (A) by the Kickapoo Tribe, certain watershed and 
        conservation districts in the State of Kansas, and the 
        Department of Wildlife and Parks of the State of Kansas; and
            (B) with the cooperation and technical assistance of the 
        Natural Resources Conservation Service; and
        (2) described in the report of the Committee on Environment and 
    Public Works of the Senate (Senate Report 105-13; April 22, 1997).
    (b) Study; Recommendations.--To support the purposes of achieving a 
fair, equitable, and final settlement of claims to water rights for the 
Kickapoo Tribe in the State of Kansas, the Secretary of Agriculture 
(acting through the Chief of the Natural Resources Conservation 
Service), in consultation with the Secretary of the Interior (acting 
through the Director of the Secretary's Indian Water Rights Office), 
shall--
        (1) commence a study of the multipurpose dam described in the 
    Upper Delaware and Tributaries Watershed Plan; and
        (2) not later than 2 years after the date of enactment of this 
    Act, make recommendations to Congress with respect to the material 
    alterations or changes to the Upper Delaware and Tributaries 
    Watershed Plan that are necessary to effectuate, in part, the 
    Tribal water rights agreed to by the Kickapoo Tribe and the State 
    of Kansas on September 9, 2016, in the Kickapoo Tribe Water Rights 
    Settlement Agreement, which otherwise remains subject to approval 
    and authorization by Congress.
SEC. 1105. AQUIFER RECHARGE FLEXIBILITY.
    (a) Short Title.--This section may be cited as the ``Aquifer 
Recharge Flexibility Act''.
    (b) Definitions.--In this Act:
        (1) Bureau.--The term ``Bureau'' means the Bureau of 
    Reclamation.
        (2) Commissioner.--The term ``Commissioner'' means the 
    Commissioner of Reclamation.
        (3) Eligible land.--The term ``eligible land'', with respect to 
    a Reclamation project, means land that--
            (A) is authorized to receive water under State law; and
            (B) shares an aquifer with land located in the service area 
        of the Reclamation project.
        (4) Net water storage benefit.--The term ``net water storage 
    benefit'' means an increase in the volume of water that is--
            (A) stored in 1 or more aquifers; and
            (B)(i) available for use within the authorized service area 
        of a Reclamation project; or
            (ii) stored on a long-term basis to avoid or reduce 
        groundwater overdraft.
        (5) Reclamation facility.--The term ``Reclamation facility'' 
    means each of the infrastructure assets that are owned by the 
    Bureau at a Reclamation project.
        (6) Reclamation project.--The term ``Reclamation project'' 
    means any reclamation or irrigation project, including incidental 
    features thereof, authorized by Federal reclamation law or the Act 
    of August 11, 1939 (commonly known as the ``Water Conservation and 
    Utilization Act'') (53 Stat. 1418, chapter 717; 16 U.S.C. 590y et 
    seq.), or constructed by the United States pursuant to such law, or 
    in connection with which there is a repayment or water service 
    contract executed by the United States pursuant to such law, or any 
    project constructed by the Secretary through the Bureau for the 
    reclamation of land.
    (c) Flexibility to Allow Greater Aquifer Recharge in Western 
States.--
        (1) Use of reclamation facilities.--
            (A) In general.--The Commissioner may allow the use of 
        excess capacity in Reclamation facilities for aquifer recharge 
        of non-Reclamation project water, subject to applicable rates, 
        charges, and public participation requirements, on the 
        condition that--
                (i) the use--

                    (I) shall not be implemented in a manner that is 
                detrimental to--

                        (aa) any power service or water contract for 
                    the Reclamation project; or
                        (bb) any obligations for fish, wildlife, or 
                    water quality protection applicable to the 
                    Reclamation project;

                    (II) shall be consistent with water quality 
                guidelines for the Reclamation project;
                    (III) shall comply with all applicable--

                        (aa) Federal laws; and
                        (bb) policies of the Bureau; and

                    (IV) shall comply with all applicable State laws 
                and policies; and

                (ii) the non-Federal party to an existing contract for 
            water or water capacity in a Reclamation facility consents 
            to the use of the Reclamation facility under this 
            subsection.
            (B) Effect on existing contracts.--Nothing in this 
        subsection affects a contract--
                (i) in effect on the date of enactment of this Act; and
                (ii) under which the use of excess capacity in a Bureau 
            conveyance facility for carriage of non-Reclamation project 
            water for aquifer recharge is allowed.
        (2) Aquifer recharge on eligible land.--
            (A) In general.--Subject to subparagraphs (C) and (D), the 
        Secretary may contract with a holder of a water service or 
        repayment contract for a Reclamation project to allow the 
        contractor, in accordance with applicable State laws and 
        policies--
                (i) to directly use water available under the contract 
            for aquifer recharge on eligible land; or
                (ii) to enter into an agreement with an individual or 
            entity to transfer water available under the contract for 
            aquifer recharge on eligible land.
            (B) Authorized project use.--The use of a Reclamation 
        facility for aquifer recharge under subparagraph (A) shall be 
        considered an authorized use for the Reclamation project if 
        requested by a holder of a water service or repayment contract 
        for the Reclamation facility.
            (C) Modifications to contracts.--The Secretary may contract 
        with a holder of a water service or repayment contract for a 
        Reclamation project under subparagraph (A) if the Secretary 
        determines that a new contract or contract amendment described 
        in that subparagraph is--
                (i) necessary to allow for the use of water available 
            under the contract for aquifer recharge under this 
            subsection;
                (ii) in the best interest of the Reclamation project 
            and the United States; and
                (iii) approved by the contractor that is responsible 
            for repaying the cost of construction, operations, and 
            maintenance of the facility that delivers the water under 
            the contract.
            (D) Requirements.--The use of Reclamation facilities for 
        the use or transfer of water for aquifer recharge under this 
        subsection shall be subject to the requirements that--
                (i) the use or transfer shall not be implemented in a 
            manner that materially impacts any power service or water 
            contract for the Reclamation project; and
                (ii) before the use or transfer, the Secretary shall 
            determine that the use or transfer--

                    (I) results in a net water storage benefit for the 
                Reclamation project; or
                    (II) contributes to the recharge of an aquifer on 
                eligible land; and

                (iii) the use or transfer complies with all 
            applicable--

                    (I) Federal laws and policies; and
                    (II) interstate water compacts.

        (3) Conveyance for aquifer recharge purposes.--The holder of a 
    right-of-way, easement, permit, or other authorization to transport 
    water across public land administered by the Bureau of Land 
    Management may transport water for aquifer recharge purposes 
    without requiring additional authorization from the Secretary where 
    the use does not expand or modify the operation of the right-of-
    way, easement, permit, or other authorization across public land.
        (4) Effect.--Nothing in this Act creates, impairs, alters, or 
    supersedes a Federal or State water right.
        (5) Exemption.--This Act shall not apply to the State of 
    California.
        (6) Advisory group.--The Secretary may participate in any 
    State-led collaborative, multi-stakeholder advisory group created 
    in any watershed the purpose of which is to monitor, review, and 
    assess aquifer recharge activities.
SEC. 1106. WATERSMART EXTENSION AND EXPANSION.
    (a) Definition of Eligible Applicant.--Section 9502 of the Omnibus 
Public Land Management Act of 2009 (42 U.S.C. 10362) is amended--
        (1) in the matter preceding paragraph (1), by striking 
    ``section'' and inserting ``subtitle'';
        (2) by striking paragraph (7) and inserting the following:
        ``(7) Eligible applicant.--The term `eligible applicant' 
    means--
            ``(A) any State, Indian tribe, irrigation district, or 
        water district;
            ``(B) any State, regional, or local authority, the members 
        of which include 1 or more organizations with water or power 
        delivery authority;
            ``(C) any other organization with water or power delivery 
        authority; and
            ``(D) any nonprofit conservation organization, if--
                ``(i) the nonprofit conservation organization is acting 
            in partnership with and with the agreement of an entity 
            described in subparagraph (A), (B), or (C); or
                ``(ii) in the case of an application for a project to 
            improve the condition of a natural feature or nature-based 
            feature on Federal land, the entities described in 
            subparagraph (A), (B), or (C) from the applicable service 
            area have been notified of the project application and 
            there is no written objection to the project.'';
        (3) in paragraph (10), by striking ``450b'' and inserting 
    ``5304'';
        (4) by redesignating paragraphs (13) through (17) as paragraphs 
    (15) through (19), respectively; and
        (5) by inserting after paragraph (12) the following:
        ``(13) Natural feature.--The term `natural feature' means a 
    feature that is created through the action of physical, geological, 
    biological, and chemical processes over time.
        ``(14) Nature-based feature.--The term `nature-based feature' 
    means a feature that is created by human design, engineering, and 
    construction to provide a means to reduce water supply and demand 
    imbalances or drought or flood risk by acting in concert with 
    natural processes.''.
    (b) Grants and Cooperative Agreements.--Section 9504(a) of the 
Omnibus Public Land Management Act of 2009 (42 U.S.C. 10364(a)) is 
amended--
        (1) in paragraph (1)--
            (A) in the matter preceding subparagraph (A), by inserting 
        ``or carrying out any activity'' after ``any improvement'';
            (B) by redesignating subparagraphs (F), (G), and (H) as 
        subparagraphs (G), (H), and (J), respectively;
            (C) by inserting after subparagraph (E) the following:
            ``(F) to assist States and water users in complying with 
        interstate compacts or reducing basin water supply-demand 
        imbalances;'';
            (D) in subparagraph (G) (as so redesignated), by striking 
        ``to prevent'' and inserting ``to achieve the prevention of'';
            (E) in subparagraph (H) (as so redesignated)--
                (i) by striking ``to accelerate'' and inserting ``to 
            achieve the acceleration of''; and
                (ii) by striking ``or'' at the end;
            (F) by inserting after subparagraph (H) (as so 
        redesignated) the following:
            ``(I) to improve the condition of a natural feature; or''; 
        and
            (G) in subparagraph (J) (as so redesignated)--
                (i) in clause (i), by striking ``or'' at the end;
                (ii) in clause (ii), by striking the period at the end 
            and inserting ``; or''; and
                (iii) by adding at the end the following:
                ``(iii) to plan for or address the impacts of 
            drought.'';
        (2) in paragraph (2)--
            (A) in subparagraph (A)--
                (i) in clause (ii), by striking ``or'';
                (ii) in clause (iii), by striking ``and'' and inserting 
            ``or''; and
                (iii) by adding at the end the following:
                ``(iv) the Commonwealth of Puerto Rico; and''; and
            (B) by striking subparagraph (B) and inserting the 
        following:
            ``(B) submit to the Secretary an application that 
        includes--
                ``(i) a proposal of the improvement or activity to be 
            planned, designed, constructed, or implemented by the 
            eligible applicant; and
                ``(ii) for a project that is intended to have a 
            quantifiable water savings and would receive a grant of 
            $500,000 or more--

                    ``(I) a proposal for a monitoring plan of at least 
                5 years that would demonstrate ways in which the 
                proposed improvement or activity would result in 
                improved streamflows or aquatic habitat; or
                    ``(II) for a project that does not anticipate 
                improved streamflows or aquatic habitat, an analysis of 
                ways in which the proposed improvement or activity 
                would contribute to 1 or more of the other objectives 
                described in paragraph (1).'';

        (3) in paragraph (3)(E), by striking clause (i) and inserting 
    the following:
                ``(i) Federal share.--

                    ``(I) In general.--Except as provided in subclause 
                (II), the Federal share of the cost of any 
                infrastructure improvement or activity that is the 
                subject of a grant or other agreement entered into 
                between the Secretary and an eligible applicant under 
                paragraph (1) shall not exceed 50 percent of the cost 
                of the infrastructure improvement or activity.
                    ``(II) Increased federal share for certain 
                infrastructure improvements and activities.--The 
                Federal share of the cost of an infrastructure 
                improvement or activity shall not exceed 75 percent of 
                the cost of the infrastructure improvement or activity, 
                if--

                        ``(aa) the infrastructure improvement or 
                    activity was developed as part of a collaborative 
                    process by--
                            ``(AA) a watershed group (as defined in 
                        section 6001); or
                            ``(BB) a water user and 1 or more 
                        stakeholders with diverse interests; and
                        ``(bb) the majority of the benefits of the 
                    infrastructure improvement or activity, as 
                    determined by the Secretary, are for the purpose of 
                    advancing 1 or more components of an established 
                    strategy or plan to increase the reliability of 
                    water supply for consumptive and nonconsumptive 
                    ecological values.''; and
        (4) by adding at the end the following:
        ``(4) Priority.--In providing grants to, and entering into 
    agreements for, projects intended to have a quantifiable water 
    savings under this subsection, the Secretary shall give priority to 
    projects that enhance drought resilience by benefitting the water 
    supply and ecosystem.''.
    (c) Research Agreements.--Section 9504(b)(1) of the Omnibus Public 
Land Management Act of 2009 (42 U.S.C. 10364(b)(1)) is amended--
        (1) in the matter preceding subparagraph (A), by striking ``or 
    organization with water or power delivery authority'' and inserting 
    ``or eligible applicant'';
        (2) in subparagraph (B), by striking ``or'' at the end;
        (3) by redesignating subparagraph (C) as subparagraph (D); and
        (4) by inserting after subparagraph (B) the following:
            ``(C) to restore a natural feature or use a nature-based 
        feature to reduce water supply and demand imbalances or the 
        risk of drought or flood; or''.
    (d) Authorization of Appropriations.--Section 9504(e) of the 
Omnibus Public Land Management Act of 2009 (42 U.S.C. 10364(e)) is 
amended by striking `` $530,000,000'' and inserting `` $700,000,000, 
subject to the condition that $50,000,000 of that amount shall be used 
to carry out section 206 of the Energy and Water Development and 
Related Agencies Appropriations Act, 2015 (43 U.S.C. 620 note; Public 
Law 113-235)''.
    (e) Conforming Amendment.--Section 4009(d) of Public Law 114-322 
(42 U.S.C. 10364 note) is amended by striking ``on the condition that 
of that amount, $50,000,000 of it is used to carry out section 206 of 
the Energy and Water Development and Related Agencies Appropriations 
Act, 2015 (43 U.S.C. 620 note; Public Law 113-235)''.
SEC. 1107. COOPERATIVE WATERSHED MANAGEMENT PROGRAM.
    (a) Definitions.--Section 6001 of the Omnibus Public Land 
Management Act of 2009 (16 U.S.C. 1015) is amended--
        (1) by redesignating paragraphs (2) through (6) as paragraphs 
    (3) through (7), respectively;
        (2) by inserting after paragraph (1) the following:
        ``(2) Disadvantaged community.--The term `disadvantaged 
    community' means a community (including a city, town, county, or 
    reasonably isolated and divisible segment of a larger municipality) 
    with an annual median household income that is less than 100 
    percent of the statewide annual median household income for the 
    State in which the community is located, according to the most 
    recent decennial census.'';
        (3) in paragraph (6)(B)(i) (as so redesignated)--
            (A) in subclause (VIII), by striking ``and'' at the end;
            (B) in subclause (IX), by adding ``and'' after the 
        semicolon at the end; and
            (C) by adding at the end the following:
            ``(X) disadvantaged communities;''; and
        (4) in paragraph (7)(C) (as so redesignated), by inserting ``, 
    including benefits to fisheries, wildlife, or habitat'' after 
    ``river or stream''.
    (b) Application.--Section 6002 of the Omnibus Public Lands 
Management Act (16 U.S.C. 1015a) is amended--
        (1) by striking subsection (b) and inserting the following:
    ``(b) Establishment of Application Process; Criteria.--Not later 
than September 30, 2021, the Secretary shall update--
        ``(1) the application process for the program; and
        ``(2) in consultation with the States, the prioritization and 
    eligibility criteria for considering applications submitted in 
    accordance with the application process.''; and
        (2) in subsection (g), by striking ``2020'' and inserting 
    ``2026''.
SEC. 1108. MODIFICATION OF JACKSON GULCH REHABILITATION PROJECT, 
COLORADO.
    Section 9105(b) of the Omnibus Public Land Management Act of 2009 
(Public Law 111-11; 123 Stat. 1303) is amended--
        (1) in paragraph (1)--
            (A) by striking ``requirement'' and inserting ``and cost-
        sharing requirements''; and
            (B) by inserting ``, which shall be not more than 65 
        percent of that total cost'' before the period at the end;
        (2) in paragraph (3)--
            (A) in the paragraph heading, by striking ``requirement'' 
        and inserting ``and cost-sharing requirements'';
            (B) in subparagraph (A), in the matter preceding clause 
        (i), by striking ``The Secretary shall recover from the 
        District as reimbursable expenses'' and inserting ``Subject to 
        subparagraph (C), the District shall be liable under this 
        subsection for an amount equal to'';
            (C) in subparagraph (B), in the matter preceding clause 
        (i), by striking ``Secretary shall recover reimbursable 
        expenses'' and inserting ``District shall pay the Project costs 
        for which the District is liable''; and
            (D) by striking subparagraph (C) and inserting the 
        following:
            ``(C) Credit.--In determining the exact amount for which 
        the District is liable under this paragraph, the Secretary 
        shall--
                ``(i) review and approve all final costs associated 
            with the completion of the Project; and
                ``(ii) credit the district for all amounts paid by the 
            District for engineering work and improvements directly 
            associated with the Project, whether before, on, or after 
            the date of enactment of this Act.''; and
        (3) in paragraph (7), by striking `` $8,250,000.'' and 
    inserting the following: ``the lesser of--
            ``(A) not more than 65 percent of the total cost of 
        carrying out the Project; and
            ``(B) $5,350,000.''.
SEC. 1109. AQUATIC ECOSYSTEM RESTORATION.
    (a) Definition of Eligible Entity.--In this section, the term 
``eligible entity'' means--
        (1) any State, Indian Tribe, irrigation district, or water 
    district;
        (2) any State, regional, or local authority, the members of 
    which include 1 or more organizations with water or power delivery 
    authority;
        (3) any other entity or organization that owns a facility that 
    is eligible for upgrade, modification or removal under this 
    section;
        (4) any nonprofit conservation organization, acting in 
    partnership with any entity listed in paragraphs (1) through (3), 
    with respect to a project involving land or infrastructure owned by 
    the entity; and
        (5) an agency established under State law for the joint 
    exercise of powers or a combination of entities described in 
    paragraphs (1) through (4).
    (b) General Authority.--
        (1) In general.--Subject to the requirements of this section 
    and paragraph (2), on request of any eligible entity the Secretary 
    may negotiate and enter into an agreement on behalf of the United 
    States to fund the design, study, and construction of an aquatic 
    ecosystem restoration and protection project in a Reclamation State 
    if the Secretary determines that the project is likely to improve 
    the health of fisheries, wildlife or aquatic habitat, including 
    through habitat restoration and improved fish passage via the 
    removal or bypass of barriers to fish passage.
        (2) Exception.--With respect to an aquatic ecosystem 
    restoration and protection project under this section that removes 
    a dam or modifies a dam in a manner that reduces storage or 
    diversion capacity, the Secretary may only negotiate and enter into 
    an agreement to fund--
            (A) the design or study of such project if the Secretary 
        has received consent from the owner of the applicable dam; or
            (B) the construction of such project if the Secretary--
                (i) identifies any eligible entity that receives water 
            or power from the facility that is under consideration for 
            removal or modification at the time of the request;
                (ii) notifies each eligible entity identified in clause 
            (i) that the dam removal or modification project has been 
            requested; and
                (iii) does not receive, by the date that is 120 days 
            after the date on which all eligible entities have been 
            notified under clause (ii), written objection from 1 or 
            more eligible entities that collectively receive \1/3\ or 
            more of the water or power delivered from the facility that 
            is under consideration for removal or modification at the 
            time of the request.
    (c) Requirements.--
        (1) In general.--The Secretary shall accept and consider public 
    comment prior to initiating design, study or development of a 
    project under this section.
        (2) Preconditions.--Construction of a project under this 
    section shall be a voluntary project initiated only after--
            (A) an eligible entity has entered into an agreement with 
        the Secretary to pay no less than 35 percent of the costs of 
        project construction;
            (B) an eligible entity has entered an agreement to pay 100 
        percent of any operation, maintenance, and replacement and 
        rehabilitation costs with respect to the project;
            (C) the Secretary determines the proposed project--
                (i) will not result in an unmitigated adverse impact on 
            fulfillment of existing water delivery obligations 
            consistent with historical operations and applicable 
            contracts;
                (ii) will not result in an unmitigated adverse effect 
            on the environment;
                (iii) is consistent with the responsibilities of the 
            Secretary--

                    (I) in the role as trustee for federally recognized 
                Indian Tribes; and
                    (II) to ensure compliance with any applicable 
                international and Tribal treaties and agreements and 
                interstate compacts and agreements;

                (iv) is in the financial interest of the United States 
            based on a determination that the project advances Federal 
            objectives including environmental enhancement objectives 
            in a Reclamation State; and
                (v) complies with all applicable Federal and State law, 
            including environmental laws; and
            (D) the Secretary has complied with all applicable 
        environmental laws, including--
                (i) the National Environmental Policy Act of 1969 (42 
            U.S.C. 4321 et seq.);
                (ii) the Endangered Species Act of 1973 (16 U.S.C. 1531 
            et seq.); and
                (iii) subtitle III of title 54, United States Code.
    (d) Funding.--There is authorized to be appropriated to carry out 
this section $15,000,000 for each of fiscal years 2022 through 2026, to 
remain available until expended.
    (e) Effects.--
        (1) In general.--Nothing in this section supersedes or limits 
    any existing authority provided, or responsibility conferred, by 
    any provision of law.
        (2) Effect on state water law.--Nothing in this section 
    preempts or affects any--
            (A) State water law; or
            (B) interstate compact governing water.
    (f) Compliance Required.--The Secretary shall comply with 
applicable State water laws in carrying out this section.
    (g) Priority for Projects Providing Regional Benefits and 
Assistance for Aging Assets.--When funding projects under this section, 
the Secretary shall prioritize projects that--
        (1) are jointly developed and supported by a diverse array of 
    stakeholders including representatives of irrigated agricultural 
    production, hydroelectric production, potable water purveyors and 
    industrial water users, Indian Tribes, commercial fishing 
    interests, and nonprofit conservation organizations;
        (2) affect water resources management in 2 or more river basins 
    while providing regional benefits not limited to fisheries 
    restoration;
        (3) are a component of a broader strategy or plan to replace 
    aging facilities with 1 or more alternate facilities providing 
    similar benefits; and
        (4) contribute to the restoration of anadromous fish species 
    listed under the Endangered Species Act of 1973 (16 U.S.C. 1531 et 
    seq.).
SEC. 1110. CLEAN WATER FOR RURAL COMMUNITIES.
    (a) Short Title.--This section may be cited as the ``Clean Water 
for Rural Communities Act''.
    (b) Purpose.--The purpose of this Act is to ensure a safe and 
adequate municipal, rural, and industrial water supply for the citizens 
of--
        (1) Dawson, Garfield, McCone, Prairie, Richland, Judith Basin, 
    Wheatland, Golden Valley, Fergus, Yellowstone, and Musselshell 
    Counties in the State of Montana; and
        (2) McKenzie County, North Dakota.
    (c) Definitions.--In this Act:
        (1) Authority.--The term ``Authority'' means--
            (A) the Central Montana Regional Water Authority, a 
        publicly owned nonprofit water authority formed in accordance 
        with Mont. Code Ann. Sec. 75-6-302 (2007); and
            (B) any nonprofit successor entity to the Authority 
        described in subparagraph (A).
        (2) Musselshell-judith rural water system.--The term 
    ``Musselshell-Judith Rural Water System'' means the Musselshell-
    Judith Rural Water System authorized under subsection (d)(1), with 
    a project service area that includes--
            (A) Judith Basin, Wheatland, Golden Valley, and Musselshell 
        Counties in the State;
            (B) the portion of Yellowstone County in the State within 2 
        miles of State Highway 3 and within 4 miles of the county line 
        between Golden Valley and Yellowstone Counties in the State, 
        inclusive of the Town of Broadview, Montana; and
            (C) the portion of Fergus County in the State within 2 
        miles of U.S. Highway 87 and within 4 miles of the county line 
        between Fergus and Judith Basin Counties in the State, 
        inclusive of the Town of Moore, Montana.
        (3) State.--The term ``State'' means the State of Montana.
    (d) Musselshell-Judith Rural Water System.--
        (1) Authorization.--The Secretary may carry out the planning, 
    design, and construction of the Musselshell-Judith Rural Water 
    System in a manner that is substantially in accordance with the 
    feasibility report entitled ``Musselshell-Judith Rural Water System 
    Feasibility Report'' (including any and all revisions of the 
    report).
        (2) Cooperative agreement.--The Secretary shall enter into a 
    cooperative agreement with the Authority to provide Federal 
    assistance for the planning, design, and construction of the 
    Musselshell-Judith Rural Water System.
        (3) Cost-sharing requirement.--
            (A) Federal share.--
                (i) In general.--The Federal share of the costs 
            relating to the planning, design, and construction of the 
            Musselshell-Judith Rural Water System shall not exceed 65 
            percent of the total cost of the Musselshell-Judith Rural 
            Water System.
                (ii) Limitation.--Amounts made available under clause 
            (i) shall not be returnable or reimbursable under the 
            reclamation laws.
            (B) Use of federal funds.--
                (i) General uses.--Subject to clause (ii), the 
            Musselshell-Judith Rural Water System may use Federal funds 
            made available to carry out this subsection for--

                    (I) facilities relating to--

                        (aa) water pumping;
                        (bb) water treatment;
                        (cc) water storage;
                        (dd) water supply wells;
                        (ee) distribution pipelines; and
                        (ff) control systems;

                    (II) transmission pipelines;
                    (III) pumping stations;
                    (IV) appurtenant buildings, maintenance equipment, 
                and access roads;
                    (V) any interconnection facility that connects a 
                pipeline of the Musselshell-Judith Rural Water System 
                to a pipeline of a public water system;
                    (VI) electrical power transmission and distribution 
                facilities required for the operation and maintenance 
                of the Musselshell-Judith Rural Water System;
                    (VII) any other facility or service required for 
                the development of a rural water distribution system, 
                as determined by the Secretary; and
                    (VIII) any property or property right required for 
                the construction or operation of a facility described 
                in this subsection.

                (ii) Limitation.--Federal funds made available to carry 
            out this subsection shall not be used for the operation, 
            maintenance, or replacement of the Musselshell-Judith Rural 
            Water System.
                (iii) Title.--Title to the Musselshell-Judith Rural 
            Water System shall be held by the Authority.
    (e) Dry-Redwater Feasibility Study.--
        (1) Definitions.--In this subsection:
            (A) Dry-redwater regional water authority.--The term ``Dry-
        Redwater Regional Water Authority'' means--
                (i) the Dry-Redwater Regional Water Authority, a 
            publicly owned nonprofit water authority formed in 
            accordance with Mont. Code Ann. Sec. 75-6-302 (2007); and
                (ii) any nonprofit successor entity to the Authority 
            described in clause (i).
            (B) Dry-redwater regional water authority system.--The term 
        ``Dry-Redwater Regional Water Authority System'' means the 
        project entitled the ``Dry-Redwater Regional Water Authority 
        System'', with a project service area that includes--
                (i) Garfield and McCone Counties in the State;
                (ii) the area west of the Yellowstone River in Dawson 
            and Richland Counties in the State;
                (iii) T. 15 N. (including the area north of the 
            Township) in Prairie County in the State; and
                (iv) the portion of McKenzie County, North Dakota, that 
            includes all land that is located west of the Yellowstone 
            River in the State of North Dakota.
            (C) Reclamation feasibility standards.--The term 
        ``reclamation feasibility standards'' means the eligibility 
        criteria and feasibility study requirements described in 
        section 106 of the Reclamation Rural Water Supply Act of 2006 
        (43 U.S.C. 2405) (as in effect on September 29, 2016).
            (D) Submitted feasibility study.--The term ``submitted 
        feasibility study'' means the feasibility study entitled ``Dry-
        Redwater Regional Water System Feasibility Study'' (including 
        revisions of the study), which received funding from the Bureau 
        of Reclamation on September 1, 2010.
        (2) Study.--
            (A) In general.--The Secretary, in consultation with the 
        Dry-Redwater Regional Water Authority, may undertake a study, 
        including a review of the submitted feasibility study, to 
        determine the feasibility of constructing the Dry-Redwater 
        Regional Water System.
            (B) Requirement.--The study under subparagraph (A) shall 
        comply with the reclamation feasibility standards.
        (3) Cooperative agreement.--If the Secretary determines that 
    the study under paragraph (2) does not comply with the reclamation 
    feasibility standards, the Secretary may enter into a cooperative 
    agreement with the Dry-Redwater Regional Water Authority to 
    complete additional work to ensure that the study complies with the 
    reclamation feasibility standards.
        (4) Authorization of appropriations.--There is authorized to be 
    appropriated to the Secretary $5,000,000 to carry out this 
    subsection.
        (5) Termination.--The authority provided by this subsection 
    shall expire on the date that is 5 years after the date of 
    enactment of this Act.
    (f) Water Rights.--Nothing in this Act--
        (1) preempts or affects any State water law; or
        (2) affects any authority of a State, as in effect on the date 
    of enactment of this Act, to manage water resources within that 
    State.
    (g) Authorization of Appropriations.--
        (1) Authorization.--There is authorized to be appropriated to 
    carry out the planning, design, and construction of the 
    Musselshell-Judith Rural Water System, substantially in accordance 
    with the cost estimate set forth in the feasibility report 
    described in subsection (d)(1), $56,650,000.
        (2) Cost indexing.--The amount authorized to be appropriated 
    under paragraph (1) may be increased or decreased in accordance 
    with ordinary fluctuations in development costs incurred after 
    November 1, 2014, as indicated by any available engineering cost 
    indices applicable to construction activities that are similar to 
    the construction of the Musselshell-Judith Rural Water System.
SEC. 1111. SNOW WATER SUPPLY FORECASTING.
    (a) Short Title.--This section may be cited as the ``Snow Water 
Supply Forecasting Program Authorization Act''.
    (b) Definition of Program.--In this Act, the term ``program'' means 
the Snow Water Supply Forecasting Program established by subsection 
(c).
    (c) Snow Water Supply Forecasting Program.--
        (1) Program establishment.--The Snow Water Supply Forecasting 
    Program is hereby established within the Department of the 
    Interior.
        (2) Program implementation.--To implement the program, the 
    Secretary shall--
            (A) develop the program framework in coordination with 
        other Federal agencies pursuant to subsection (d), culminating 
        in the report required under subsection (d)(3); and
            (B) after submitting the report required by subsection 
        (d)(3), implement activities to improve snowpack measurement in 
        particular watersheds pursuant to subsection (e).
    (d) Development of Program Framework in Coordination With Other 
Federal Agencies.--
        (1) Snowpack measurement data.--When determining water supply 
    forecasts or allocations to Federal water contractors, the 
    Secretary, acting through the Commissioner of the Bureau of 
    Reclamation, shall incorporate, to the greatest extent practicable, 
    information from emerging technologies for snowpack measurement, 
    such as--
            (A) synthetic aperture radar;
            (B) laser altimetry; and
            (C) other emerging technologies that the Secretary 
        determines are likely to provide more accurate or timely 
        snowpack measurement data.
        (2) Coordination.--In carrying out paragraph (1), the Secretary 
    shall coordinate data use and collection efforts with other Federal 
    agencies that use or may benefit from the use of emerging 
    technologies for snowpack measurement.
        (3) Emerging technologies report.--Not later than October 1, 
    2021, the Secretary shall submit to Congress a report that--
            (A) summarizes the use of emerging technologies pursuant to 
        this Act;
            (B) describes benefits derived from the use of technologies 
        summarized under subparagraph (A) related to the environment 
        and increased water supply reliability; and
            (C) describes how Federal agencies will coordinate to 
        implement emerging technologies.
    (e) Program Implementation.--
        (1) Activities implementing framework.--After submitting the 
    report required under subsection (d)(3), the Secretary shall 
    participate with program partners in implementing activities to 
    improve snowpack measurement in particular watersheds.
        (2) Focus.--The program shall focus on activities that will 
    maintain, establish, expand, or advance snowpack measurement 
    consistent with the report required by subsection (d)(3), with an 
    emphasis on--
            (A) enhancing activities in river basins to achieve 
        improved snow and water supply forecasting results;
            (B) activities in river basins where snow water supply 
        forecasting related activities described in this Act are not 
        occurring on the date of the enactment of this Act; and
            (C) demonstrating or testing new, or improving existing, 
        snow and water supply forecasting technology.
        (3) Information sharing.--The Secretary may provide information 
    collected and analyzed under this Act to program partners through 
    appropriate mechanisms, including interagency agreements with 
    Federal agencies, States, State agencies, or a combination thereof, 
    leases, contracts, cooperative agreements, grants, loans, and 
    memoranda of understanding.
        (4) Program partners.--Program partners with whom the Secretary 
    enters into cooperative agreements pursuant to paragraph (5) may 
    include water districts, irrigation districts, water associations, 
    universities, State agencies, other Federal agencies, private 
    sector entities, non-governmental organizations, and other 
    entities, as determined by the Secretary.
        (5) Cooperative agreements.--The Secretary may--
            (A) enter into cooperative agreements with program partners 
        to allow the program to be administered efficiently and cost 
        effectively through cost-sharing or by providing additional in-
        kind resources necessary for program implementation; and
            (B) provide nonreimbursable matching funding for 
        programmatic and operational activities under this Act in 
        consultation with program partners.
        (6) Environmental laws.--Nothing in this Act shall modify any 
    obligation of the Secretary to comply with applicable Federal and 
    State environmental laws in carrying out this Act.
    (f) Program Implementation Report.--Not later than 4 years after 
the date of the enactment of this Act, the Secretary shall submit a 
report to the Committee on Natural Resources and the Committee on 
Appropriations of the House of Representatives and the Committee on 
Energy and Natural Resources and the Committee on Appropriations of the 
Senate, that includes--
        (1) a list of basins and sub-basins for which snowpack 
    measurement technologies are being used under the program, 
    including a description of each technology used; and
        (2) a list of Federal agencies and program partners 
    participating in each basin or sub-basin listed in paragraph (1).
    (g) Authorization of Appropriations.--There is authorized to be 
appropriated to the Secretary to carry out this Act $15,000,000, in the 
aggregate, for fiscal years 2022 through 2026.
SEC. 1112. WATER TECHNOLOGY INVESTMENT.
    The Water Desalination Act of 1996 (Public Law 104-298; 42 U.S.C. 
10301 note) is amended--
        (1) in section 4(a)(1), by inserting ``, including modules 
    specifically designed for brine management'' after ``and 
    concepts''; and
        (2) in section 8(b)--
            (A) by striking ``3,000,000'' and inserting ``20,000,000''; 
        and
            (B) by striking ``2017 through 2021'' and inserting ``2022 
        through 2026, in addition to the authorization of 
        appropriations for projects in section 4(a)(2)(F)''.
SEC. 1113. SHARING ARRANGEMENTS WITH FEDERAL AGENCIES.
    Section 405 of the Indian Health Care Improvement Act (25 U.S.C. 
1645) is amended--
        (1) in subsection (a)(1), by inserting ``urban Indian 
    organizations,'' before ``and tribal organizations''; and
        (2) in subsection (c)--
            (A) by inserting ``urban Indian organization,'' before ``or 
        tribal organization''; and
            (B) by inserting ``an urban Indian organization,'' before 
        ``or a tribal organization''.
SEC. 1114. AMENDMENT TO THE INDIAN HEALTH CARE IMPROVEMENT ACT.
    Section 409 of the Indian Health Care Improvement Act (25 U.S.C. 
1647b) is amended by striking ``(25 U.S.C. 450 et seq.)'' and inserting 
``(25 U.S.C. 5301 et seq.) or the Tribally Controlled Schools Act of 
1988 (25 U.S.C. 2501 et seq.)''.
SEC. 1115. DEFINITIONS.
    In this title:
        (1) Indian tribe.--The term ``Indian Tribe'' has the meaning 
    given the term in section 4 of the Indian Self-Determination and 
    Education Assistance Act (25 U.S.C. 5304).
        (2) Reclamation state.--The term ``Reclamation State'' means a 
    State or territory described in the first section of the Act of 
    June 17, 1902 (32 Stat. 388, chapter 1093; 43 U.S.C. 391).
        (3) Secretary.--The term ``Secretary'' means the Secretary of 
    the Interior.

              TITLE XII--HORSERACING INTEGRITY AND SAFETY

SEC. 1201. SHORT TITLE.
    This title may be cited as the ``Horseracing Integrity and Safety 
Act of 2020''.
SEC. 1202. DEFINITIONS.
    In this Act the following definitions apply:
        (1) Authority.--The term ``Authority'' means the Horseracing 
    Integrity and Safety Authority designated by section 1203(a).
        (2) Breeder.--The term ``breeder'' means a person who is in the 
    business of breeding covered horses.
        (3) Commission.--The term ``Commission'' means the Federal 
    Trade Commission.
        (4) Covered horse.--The term ``covered horse'' means any 
    Thoroughbred horse, or any other horse made subject to this Act by 
    election of the applicable State racing commission or the breed 
    governing organization for such horse under section 1205(k), during 
    the period--
            (A) beginning on the date of the horse's first timed and 
        reported workout at a racetrack that participates in covered 
        horseraces or at a training facility; and
            (B) ending on the date on which the Authority receives 
        written notice that the horse has been retired.
        (5) Covered horserace.--The term ``covered horserace'' means 
    any horserace involving covered horses that has a substantial 
    relation to interstate commerce, including any Thoroughbred 
    horserace that is the subject of interstate off-track or advance 
    deposit wagers.
        (6) Covered persons.--The term ``covered persons'' means all 
    trainers, owners, breeders, jockeys, racetracks, veterinarians, 
    persons (legal and natural) licensed by a State racing commission 
    and the agents, assigns, and employees of such persons and other 
    horse support personnel who are engaged in the care, training, or 
    racing of covered horses.
        (7) Equine constituencies.--The term ``equine constituencies'' 
    means, collectively, owners, breeders, trainers, racetracks, 
    veterinarians, State racing commissions, and jockeys who are 
    engaged in the care, training, or racing of covered horses.
        (8) Equine industry representative.--The term ``equine industry 
    representative'' means an organization regularly and significantly 
    engaged in the equine industry, including organizations that 
    represent the interests of, and whose membership consists of, 
    owners, breeders, trainers, racetracks, veterinarians, State racing 
    commissions, and jockeys.
        (9) Horseracing anti-doping and medication control program.--
    The term ``horseracing anti-doping and medication control program'' 
    means the anti-doping and medication program established under 
    section 1206(a).
        (10) Immediate family member.--The term ``immediate family 
    member'' shall include a spouse, domestic partner, mother, father, 
    aunt, uncle, sibling, or child.
        (11) Interstate off-track wager.--The term ``interstate off-
    track wager'' has the meaning given such term in section 3 of the 
    Interstate Horseracing Act of 1978 (15 U.S.C. 3002).
        (12) Jockey.--The term ``jockey'' means a rider or driver of a 
    covered horse in covered horseraces.
        (13) Owner.--The term ``owner'' means a person who holds an 
    ownership interest in one or more covered horses.
        (14) Program effective date.--The term ``program effective 
    date'' means July 1, 2022.
        (15) Racetrack.--The term ``racetrack'' means an organization 
    licensed by a State racing commission to conduct covered 
    horseraces.
        (16) Racetrack safety program.--The term ``racetrack safety 
    program'' means the program established under section 1207(a).
        (17) Stakes race.--The term ``stakes race'' means any race so 
    designated by the racetrack at which such race is run, including, 
    without limitation, the races comprising the Breeders' Cup World 
    Championships and the races designated as graded stakes by the 
    American Graded Stakes Committee of the Thoroughbred Owners and 
    Breeders Association.
        (18) State racing commission.--The term ``State racing 
    commission'' means an entity designated by State law or regulation 
    that has jurisdiction over the conduct of horseracing within the 
    applicable State.
        (19) Trainer.--The term ``trainer'' means an individual engaged 
    in the training of covered horses.
        (20) Training facility.--The term ``training facility'' means a 
    location that is not a racetrack licensed by a State racing 
    commission that operates primarily to house covered horses and 
    conduct official timed workouts.
        (21) Veterinarian.--The term ``veterinarian'' means a licensed 
    veterinarian who provides veterinary services to covered horses.
        (22) Workout.--The term ``workout'' means a timed running of a 
    horse over a predetermined distance not associated with a race or 
    its first qualifying race, if such race is made subject to this Act 
    by election under section 1205(k) of the horse's breed governing 
    organization or the applicable State racing commission.
SEC. 1203. RECOGNITION OF THE HORSERACING INTEGRITY AND SAFETY 
AUTHORITY.
    (a) In General.--The private, independent, self-regulatory, 
nonprofit corporation, to be known as the ``Horseracing Integrity and 
Safety Authority'', is recognized for purposes of developing and 
implementing a horseracing anti-doping and medication control program 
and a racetrack safety program for covered horses, covered persons, and 
covered horseraces.
    (b) Board of Directors.--
        (1) Membership.--The Authority shall be governed by a board of 
    directors (in this section referred to as the ``Board'') comprised 
    of nine members as follows:
            (A) Independent members.--Five members of the Board shall 
        be independent members selected from outside the equine 
        industry.
            (B) Industry members.--
                (i) In general.--Four members of the Board shall be 
            industry members selected from among the various equine 
            constituencies.
                (ii) Representation of equine constituencies.--The 
            industry members shall be representative of the various 
            equine constituencies, and shall include not more than one 
            industry member from any one equine constituency.
        (2) Chair.--The chair of the Board shall be an independent 
    member described in paragraph (1)(A).
        (3) Bylaws.--The Board of the Authority shall be governed by 
    bylaws for the operation of the Authority with respect to--
            (A) the administrative structure and employees of the 
        Authority;
            (B) the establishment of standing committees;
            (C) the procedures for filling vacancies on the Board and 
        the standing committees;
            (D) term limits for members and termination of membership; 
        and
            (E) any other matter the Board considers necessary.
    (c) Standing Committees.--
        (1) Anti-doping and medication control standing committee.--
            (A) In general.--The Authority shall establish an anti-
        doping and medication control standing committee, which shall 
        provide advice and guidance to the Board on the development and 
        maintenance of the horseracing anti-doping and medication 
        control program.
            (B) Membership.--The anti-doping and medication control 
        standing committee shall be comprised of seven members as 
        follows:
                (i) Independent members.--A majority of the members 
            shall be independent members selected from outside the 
            equine industry.
                (ii) Industry members.--A minority of the members shall 
            be industry members selected to represent the various 
            equine constituencies, and shall include not more than one 
            industry member from any one equine constituency.
                (iii) Qualification.--A majority of individuals 
            selected to serve on the anti-doping and medication control 
            standing committee shall have significant, recent 
            experience in anti-doping and medication control rules.
            (C) Chair.--The chair of the anti-doping and medication 
        control standing committee shall be an independent member of 
        the Board described in subsection (b)(1)(A).
        (2) Racetrack safety standing committee.--
            (A) In general.--The Authority shall establish a racetrack 
        safety standing committee, which shall provide advice and 
        guidance to the Board on the development and maintenance of the 
        racetrack safety program.
            (B) Membership.--The racetrack safety standing committee 
        shall be comprised of seven members as follows:
                (i) Independent members.--A majority of the members 
            shall be independent members selected from outside the 
            equine industry.
                (ii) Industry members.--A minority of the members shall 
            be industry members selected to represent the various 
            equine constituencies.
            (C) Chair.--The chair of the racetrack safety standing 
        committee shall be an industry member of the Board described in 
        subsection (b)(1)(B).
    (d) Nominating Committee.--
        (1) Membership.--
            (A) In general.--The nominating committee of the Authority 
        shall be comprised of seven independent members selected from 
        business, sports, and academia.
            (B) Initial membership.--The initial nominating committee 
        members shall be set forth in the governing corporate documents 
        of the Authority.
            (C) Vacancies.--After the initial committee members are 
        appointed in accordance with subparagraph (B), vacancies shall 
        be filled by the Board pursuant to rules established by the 
        Authority.
        (2) Chair.--The chair of the nominating committee shall be 
    selected by the nominating committee from among the members of the 
    nominating committee.
        (3) Selection of members of the board and standing 
    committees.--
            (A) Initial members.--The nominating committee shall select 
        the initial members of the Board and the standing committees 
        described in subsection (c).
            (B) Subsequent members.-- The nominating committee shall 
        recommend individuals to fill any vacancy on the Board or on 
        such standing committees.
    (e) Conflicts of Interest.--To avoid conflicts of interest, the 
following individuals may not be selected as a member of the Board or 
as an independent member of a nominating or standing committee under 
this section:
        (1) An individual who has a financial interest in, or provides 
    goods or services to, covered horses.
        (2) An official or officer--
            (A) of an equine industry representative; or
            (B) who serves in a governance or policymaking capacity for 
        an equine industry representative.
        (3) An employee of, or an individual who has a business or 
    commercial relationship with, an individual described in paragraph 
    (1) or (2).
        (4) An immediate family member of an individual described in 
    paragraph (1) or (2).
    (f) Funding.--
        (1) Initial funding.--
            (A) In general.--Initial funding to establish the Authority 
        and underwrite its operations before the program effective date 
        shall be provided by loans obtained by the Authority.
            (B) Borrowing.--The Authority may borrow funds toward the 
        funding of its operations.
            (C) Annual calculation of amounts required.--
                (i) In general.--Not later than the date that is 90 
            days before the program effective date, and not later than 
            November 1 each year thereafter, the Authority shall 
            determine and provide to each State racing commission the 
            estimated amount required from the State--

                    (I) to fund the State's proportionate share of the 
                horseracing anti-doping and medication control program 
                and the racetrack safety program for the next calendar 
                year; and
                    (II) to liquidate the State's proportionate share 
                of any loan or funding shortfall in the current 
                calendar year and any previous calendar year.

                (ii) Basis of calculation.--The amounts calculated 
            under clause (i) shall--

                    (I) be based on--

                        (aa) the annual budget of the Authority for the 
                    following calendar year, as approved by the Board; 
                    and
                        (bb) the projected amount of covered racing 
                    starts for the year in each State; and

                    (II) take into account other sources of Authority 
                revenue.

                (iii) Requirements regarding budgets of authority.--

                    (I) Initial budget.--The initial budget of the 
                Authority shall require the approval of \2/3\ of the 
                Board.
                    (II) Subsequent budgets.--Any subsequent budget 
                that exceeds the budget of the preceding calendar year 
                by more than 5 percent shall require the approval of 
                \2/3\ of the Board.

                (iv) Rate increases.--

                    (I) In general.--A proposed increase in the amount 
                required under this subparagraph shall be reported to 
                the Commission.
                    (II) Notice and comment.--The Commission shall 
                publish in the Federal Register such a proposed 
                increase and provide an opportunity for public comment.

        (2) Assessment and collection of fees by states.--
            (A) Notice of election.--Any State racing commission that 
        elects to remit fees pursuant to this subsection shall notify 
        the Authority of such election not later than 60 days before 
        the program effective date.
            (B) Requirement to remit fees.--After a State racing 
        commission makes a notification under subparagraph (A), the 
        election shall remain in effect and the State racing commission 
        shall be required to remit fees pursuant to this subsection 
        according to a schedule established in rule developed by the 
        Authority and approved by the Commission.
            (C) Withdrawal of election.--A State racing commission may 
        cease remitting fees under this subsection not earlier than one 
        year after notifying the Authority of the intent of the State 
        racing commission to do so.
            (D) Determination of methods.--Each State racing commission 
        shall determine, subject to the applicable laws, regulations, 
        and contracts of the State, the method by which the requisite 
        amount of fees, such as foal registration fees, sales 
        contributions, starter fees, and track fees, and other fees on 
        covered persons, shall be allocated, assessed, and collected.
        (3) Assessment and collection of fees by the authority.--
            (A) Calculation.--If a State racing commission does not 
        elect to remit fees pursuant to paragraph (2) or withdraws its 
        election under such paragraph, the Authority shall, not less 
        frequently than monthly, calculate the applicable fee per 
        racing start multiplied by the number of racing starts in the 
        State during the preceding month.
            (B) Allocation.--The Authority shall allocate equitably the 
        amount calculated under subparagraph (A) collected among 
        covered persons involved with covered horseraces pursuant to 
        such rules as the Authority may promulgate.
            (C) Assessment and collection.--
                (i) In general.--The Authority shall assess a fee equal 
            to the allocation made under subparagraph (B) and shall 
            collect such fee according to such rules as the Authority 
            may promulgate.
                (ii) Remittance of fees.--Covered persons described in 
            subparagraph (B) shall be required to remit such fees to 
            the Authority.
            (D) Limitation.--A State racing commission that does not 
        elect to remit fees pursuant to paragraph (2) or that withdraws 
        its election under such paragraph shall not impose or collect 
        from any person a fee or tax relating to anti-doping and 
        medication control or racetrack safety matters for covered 
        horseraces.
        (4) Fees and fines.--Fees and fines imposed by the Authority 
    shall be allocated toward funding of the Authority and its 
    activities.
        (5) Rule of construction.--Nothing in this Act shall be 
    construed to require--
            (A) the appropriation of any amount to the Authority; or
            (B) the Federal Government to guarantee the debts of the 
        Authority.
    (g) Quorum.--For all items where Board approval is required, the 
Authority shall have present a majority of independent members.
SEC. 1204. FEDERAL TRADE COMMISSION OVERSIGHT.
    (a) In General.--The Authority shall submit to the Commission, in 
accordance with such rules as the Commission may prescribe under 
section 553 of title 5, United States Code, any proposed rule, or 
proposed modification to a rule, of the Authority relating to--
        (1) the bylaws of the Authority;
        (2) a list of permitted and prohibited medications, substances, 
    and methods, including allowable limits of permitted medications, 
    substances, and methods;
        (3) laboratory standards for accreditation and protocols;
        (4) standards for racing surface quality maintenance;
        (5) racetrack safety standards and protocols;
        (6) a program for injury and fatality data analysis;
        (7) a program of research and education on safety, performance, 
    and anti-doping and medication control;
        (8) a description of safety, performance, and anti-doping and 
    medication control rule violations applicable to covered horses and 
    covered persons;
        (9) a schedule of civil sanctions for violations;
        (10) a process or procedures for disciplinary hearings; and
        (11) a formula or methodology for determining assessments 
    described in section 1203(f).
    (b) Publication and Comment.--
        (1) In general.--The Commission shall--
            (A) publish in the Federal Register each proposed rule or 
        modification submitted under subsection (a); and
            (B) provide an opportunity for public comment.
        (2) Approval required.--A proposed rule, or a proposed 
    modification to a rule, of the Authority shall not take effect 
    unless the proposed rule or modification has been approved by the 
    Commission.
    (c) Decision on Proposed Rule or Modification to a Rule.--
        (1) In general.--Not later than 60 days after the date on which 
    a proposed rule or modification is published in the Federal 
    Register, the Commission shall approve or disapprove the proposed 
    rule or modification.
        (2) Conditions.--The Commission shall approve a proposed rule 
    or modification if the Commission finds that the proposed rule or 
    modification is consistent with--
            (A) this Act; and
            (B) applicable rules approved by the Commission.
        (3) Revision of proposed rule or modification.--
            (A) In general.--In the case of disapproval of a proposed 
        rule or modification under this subsection, not later than 30 
        days after the issuance of the disapproval, the Commission 
        shall make recommendations to the Authority to modify the 
        proposed rule or modification.
            (B) Resubmission.--The Authority may resubmit for approval 
        by the Commission a proposed rule or modification that 
        incorporates the modifications recommended under subparagraph 
        (A).
    (d) Proposed Standards and Procedures.--
        (1) In general.--The Authority shall submit to the Commission 
    any proposed rule, standard, or procedure developed by the 
    Authority to carry out the horseracing anti-doping and medication 
    control program or the racetrack safety program.
        (2) Notice and comment.--The Commission shall publish in the 
    Federal Register any such proposed rule, standard, or procedure and 
    provide an opportunity for public comment.
    (e) Interim Final Rules.--The Commission may adopt an interim final 
rule, to take effect immediately, under conditions specified in section 
553(b)(B) of title 5, United States Code, if the Commission finds that 
such a rule is necessary to protect--
        (1) the health and safety of covered horses; or
        (2) the integrity of covered horseraces and wagering on those 
    horseraces.
SEC. 1205. JURISDICTION OF THE COMMISSION AND THE HORSERACING INTEGRITY 
AND SAFETY AUTHORITY.
    (a) In General.--Beginning on the program effective date, the 
Commission, the Authority, and the anti-doping and medication control 
enforcement agency, each within the scope of their powers and 
responsibilities under this Act, as limited by subsection (j), shall--
        (1) implement and enforce the horseracing anti-doping and 
    medication control program and the racetrack safety program;
        (2) exercise independent and exclusive national authority 
    over--
            (A) the safety, welfare, and integrity of covered horses, 
        covered persons, and covered horseraces; and
            (B) all horseracing safety, performance, and anti-doping 
        and medication control matters for covered horses, covered 
        persons, and covered horseraces; and
        (3) have safety, performance, and anti-doping and medication 
    control authority over covered persons similar to such authority of 
    the State racing commissions before the program effective date.
    (b) Preemption.--The rules of the Authority promulgated in 
accordance with this Act shall preempt any provision of State law or 
regulation with respect to matters within the jurisdiction of the 
Authority under this Act, as limited by subsection (j). Nothing 
contained in this Act shall be construed to limit the authority of the 
Commission under any other provision of law.
    (c) Duties.--
        (1) In general.--The Authority--
            (A) shall develop uniform procedures and rules 
        authorizing--
                (i) access to offices, racetrack facilities, other 
            places of business, books, records, and personal property 
            of covered persons that are used in the care, treatment, 
            training, and racing of covered horses;
                (ii) issuance and enforcement of subpoenas and 
            subpoenas duces tecum; and
                (iii) other investigatory powers of the nature and 
            scope exercised by State racing commissions before the 
            program effective date; and
            (B) with respect to an unfair or deceptive act or practice 
        described in section 1210, may recommend that the Commission 
        commence an enforcement action.
        (2) Approval of commission.--The procedures and rules developed 
    under paragraph (1)(A) shall be subject to approval by the 
    Commission in accordance with section 1204.
    (d) Registration of Covered Persons With Authority.--
        (1) In general.--As a condition of participating in covered 
    races and in the care, ownership, treatment, and training of 
    covered horses, a covered person shall register with the Authority 
    in accordance with rules promulgated by the Authority and approved 
    by the Commission in accordance with section 1204.
        (2) Agreement with respect to authority rules, standards, and 
    procedures.--Registration under this subsection shall include an 
    agreement by the covered person to be subject to and comply with 
    the rules, standards, and procedures developed and approved under 
    subsection (c).
        (3) Cooperation.--A covered person registered under this 
    subsection shall, at all times--
            (A) cooperate with the Commission, the Authority, the anti-
        doping and medication control enforcement agency, and any 
        respective designee, during any civil investigation; and
            (B) respond truthfully and completely to the best of the 
        knowledge of the covered person if questioned by the 
        Commission, the Authority, the anti-doping and medication 
        control enforcement agency, or any respective designee.
        (4) Failure to comply.--Any failure of a covered person to 
    comply with this subsection shall be a violation of section 
    1208(a)(2)(G).
    (e) Enforcement of Programs.--
        (1) Anti-doping and medication control enforcement agency.--
            (A) Agreement with usada.--The Authority shall seek to 
        enter into an agreement with the United States Anti-Doping 
        Agency under which the Agency acts as the anti-doping and 
        medication control enforcement agency under this Act for 
        services consistent with the horseracing anti-doping and 
        medication control program.
            (B) Agreement with other entity.--If the Authority and the 
        United States Anti-Doping Agency are unable to enter into the 
        agreement described in subparagraph (A), the Authority shall 
        enter into an agreement with an entity that is nationally 
        recognized as being a medication regulation agency equal in 
        qualification to the United States Anti-Doping Agency to act as 
        the anti-doping and medication control enforcement agency under 
        this Act for services consistent with the horseracing anti-
        doping and medication control program.
            (C) Negotiations.--Any negotiations under this paragraph 
        shall be conducted in good faith and designed to achieve 
        efficient, effective best practices for anti-doping and 
        medication control and enforcement on commercially reasonable 
        terms.
            (D) Elements of agreement.--Any agreement under this 
        paragraph shall include a description of the scope of work, 
        performance metrics, reporting obligations, and budgets of the 
        United States Anti-Doping Agency while acting as the anti-
        doping and medication control enforcement agency under this 
        Act, as well as a provision for the revision of the agreement 
        to increase in the scope of work as provided for in subsection 
        (k), and any other matter the Authority considers appropriate.
            (E) Duties and powers of enforcement agency.--The anti-
        doping and medication control enforcement agency under an 
        agreement under this paragraph shall--
                (i) serve as the independent anti-doping and medication 
            control enforcement organization for covered horses, 
            covered persons, and covered horseraces, implementing the 
            anti-doping and medication control program on behalf of the 
            Authority;
                (ii) ensure that covered horses and covered persons are 
            deterred from using or administering medications, 
            substances, and methods in violation of the rules 
            established in accordance with this Act;
                (iii) implement anti-doping education, research, 
            testing, compliance and adjudication programs designed to 
            prevent covered persons and covered horses from using or 
            administering medications, substances, and methods in 
            violation of the rules established in accordance with this 
            Act;
                (iv) exercise the powers specified in section 
            1206(c)(4) in accordance with that section; and
                (v) implement and undertake any other responsibilities 
            specified in the agreement.
            (F) Term and extension.--
                (i) Term of initial agreement.--The initial agreement 
            entered into by the Authority under this paragraph shall be 
            in effect for the 5-year period beginning on the program 
            effective date.
                (ii) Extension.--At the end of the 5-year period 
            described in clause (i), the Authority may--

                    (I) extend the term of the initial agreement under 
                this paragraph for such additional term as is provided 
                by the rules of the Authority and consistent with this 
                Act; or
                    (II) enter into an agreement meeting the 
                requirements of this paragraph with an entity described 
                by subparagraph (B) for such term as is provided by 
                such rules and consistent with this Act.

        (2) Agreements for enforcement by state racing commissions.--
            (A) State racing commissions.--
                (i) Racetrack safety program.--The Authority may enter 
            into agreements with State racing commissions for services 
            consistent with the enforcement of the racetrack safety 
            program.
                (ii) Anti-doping and medication control program.--The 
            anti-doping and medication control enforcement agency may 
            enter into agreements with State racing commissions for 
            services consistent with the enforcement of the anti-doping 
            and medication control program.
            (B) Elements of agreements.--Any agreement under this 
        paragraph shall include a description of the scope of work, 
        performance metrics, reporting obligations, budgets, and any 
        other matter the Authority considers appropriate.
        (3) Enforcement of standards.--The Authority may coordinate 
    with State racing commissions and other State regulatory agencies 
    to monitor and enforce racetrack compliance with the standards 
    developed under paragraphs (1) and (2) of section 1207(c).
    (f) Procedures With Respect to Rules of Authority.--
        (1) Anti-doping and medication control.--
            (A) In general.--Recommendations for rules regarding anti-
        doping and medication control shall be developed in accordance 
        with section 1206.
            (B) Consultation.--The anti-doping and medication control 
        enforcement agency shall consult with the anti-doping and 
        medication control standing committee and the Board of the 
        Authority on all anti-doping and medication control rules of 
        the Authority.
        (2) Racetrack safety.--Recommendations for rules regarding 
    racetrack safety shall be developed by the racetrack safety 
    standing committee of the Authority.
    (g) Issuance of Guidance.--
        (1) The Authority may issue guidance that--
            (A) sets forth--
                (i) an interpretation of an existing rule, standard, or 
            procedure of the Authority; or
                (ii) a policy or practice with respect to the 
            administration or enforcement of such an existing rule, 
            standard, or procedure; and
            (B) relates solely to--
                (i) the administration of the Authority; or
                (ii) any other matter, as specified by the Commission, 
            by rule, consistent with the public interest and the 
            purposes of this subsection.
        (2) Submittal to commission.--The Authority shall submit to the 
    Commission any guidance issued under paragraph (1).
        (3) Immediate effect.--Guidance issued under paragraph (1) 
    shall take effect on the date on which the guidance is submitted to 
    the Commission under paragraph (2).
    (h) Subpoena and Investigatory Authority.--The Authority shall have 
subpoena and investigatory authority with respect to civil violations 
committed under its jurisdiction.
    (i) Civil Penalties.--The Authority shall develop a list of civil 
penalties with respect to the enforcement of rules for covered persons 
and covered horseraces under its jurisdiction.
    (j) Civil Actions.--
        (1) In general.--In addition to civil sanctions imposed under 
    section 1208, the Authority may commence a civil action against a 
    covered person or racetrack that has engaged, is engaged, or is 
    about to engage, in acts or practices constituting a violation of 
    this Act or any rule established under this Act in the proper 
    district court of the United States, the United States District 
    Court for the District of Columbia, or the United States courts of 
    any territory or other place subject to the jurisdiction of the 
    United States, to enjoin such acts or practices, to enforce any 
    civil sanctions imposed under that section, and for all other 
    relief to which the Authority may be entitled.
        (2) Injunctions and restraining orders.--With respect to a 
    civil action commenced under paragraph (1), upon a proper showing, 
    a permanent or temporary injunction or restraining order shall be 
    granted without bond.
    (k) Limitations on Authority.--
        (1) Prospective application.--The jurisdiction and authority of 
    the Authority and the Commission with respect to the horseracing 
    anti-doping and medication control program and the racetrack safety 
    program shall be prospective only.
        (2) Previous matters.--
            (A) In general.--The Authority and the Commission may not 
        investigate, prosecute, adjudicate, or penalize conduct in 
        violation of the horseracing anti-doping and medication control 
        program and the racetrack safety program that occurs before the 
        program effective date.
            (B) State racing commission.--With respect to conduct 
        described in subparagraph (A), the applicable State racing 
        commission shall retain authority until the final resolution of 
        the matter.
        (3) Other laws unaffected.--This Act shall not be construed to 
    modify, impair or restrict the operation of the general laws or 
    regulations, as may be amended from time to time, of the United 
    States, the States and their political subdivisions relating to 
    criminal conduct, cruelty to animals, matters unrelated to 
    antidoping, medication control and racetrack and racing safety of 
    covered horses and covered races, and the use of medication in 
    human participants in covered races.
    (l) Election for Other Breed Coverage Under Act.--
        (1) In general.--A State racing commission or a breed governing 
    organization for a breed of horses other than Thoroughbred horses 
    may elect to have such breed be covered by this Act by the filing 
    of a designated election form and subsequent approval by the 
    Authority. A State racing commission may elect to have a breed 
    covered by this Act for the applicable State only.
        (2) Election conditional on funding mechanism.--A commission or 
    organization may not make an election under paragraph (1) unless 
    the commission or organization has in place a mechanism to provide 
    sufficient funds to cover the costs of the administration of this 
    Act with respect to the horses that will be covered by this Act as 
    a result of the election.
        (3) Apportionment.--The Authority shall apportion costs 
    described in paragraph (2) in connection with an election under 
    paragraph (1) fairly among all impacted segments of the horseracing 
    industry, subject to approval by the Commission in accordance with 
    section 1204. Such apportionment may not provide for the allocation 
    of costs or funds among breeds of horses.
SEC. 1206. HORSERACING ANTI-DOPING AND MEDICATION CONTROL PROGRAM.
    (a) Program Required.--
        (1) In general.--Not later than the program effective date, and 
    after notice and an opportunity for public comment in accordance 
    with section 1204, the Authority shall establish a horseracing 
    anti-doping and medication control program applicable to all 
    covered horses, covered persons, and covered horseraces in 
    accordance with the registration of covered persons under section 
    1205(d).
        (2) Consideration of other breeds.--In developing the 
    horseracing anti-doping and medication control program with respect 
    to a breed of horse that is made subject to this Act by election of 
    a State racing commission or the breed governing organization for 
    such horse under section 1205(k), the Authority shall consider the 
    unique characteristics of such breed.
    (b) Considerations in Development of Program.--In developing the 
horseracing anti-doping and medication control program, the Authority 
shall take into consideration the following:
        (1) Covered horses should compete only when they are free from 
    the influence of medications, other foreign substances, and methods 
    that affect their performance.
        (2) Covered horses that are injured or unsound should not train 
    or participate in covered races, and the use of medications, other 
    foreign substances, and treatment methods that mask or deaden pain 
    in order to allow injured or unsound horses to train or race should 
    be prohibited.
        (3) Rules, standards, procedures, and protocols regulating 
    medication and treatment methods for covered horses and covered 
    races should be uniform and uniformly administered nationally.
        (4) To the extent consistent with this Act, consideration 
    should be given to international anti-doping and medication control 
    standards of the International Federation of Horseracing 
    Authorities and the Principles of Veterinary Medical Ethics of the 
    American Veterinary Medical Association.
        (5) The administration of medications and treatment methods to 
    covered horses should be based upon an examination and diagnosis 
    that identifies an issue requiring treatment for which the 
    medication or method represents an appropriate component of 
    treatment.
        (6) The amount of therapeutic medication that a covered horse 
    receives should be the minimum necessary to address the diagnosed 
    health concerns identified during the examination and diagnostic 
    process.
        (7) The welfare of covered horses, the integrity of the sport, 
    and the confidence of the betting public require full disclosure to 
    regulatory authorities regarding the administration of medications 
    and treatments to covered horses.
    (c) Activities.--The following activities shall be carried out 
under the horseracing anti-doping and medication control program:
        (1) Standards for anti-doping and medication control.--Not 
    later than 120 days before the program effective date, the 
    Authority shall issue, by rule--
            (A) uniform standards for--
                (i) the administration of medication to covered horses 
            by covered persons; and
                (ii) laboratory testing accreditation and protocols; 
            and
            (B) a list of permitted and prohibited medications, 
        substances, and methods, including allowable limits of 
        permitted medications, substances, and methods.
        (2) Review process for administration of medication.--The 
    development of a review process for the administration of any 
    medication to a covered horse during the 48-hour period preceding 
    the next racing start of the covered horse.
        (3) Agreement requirements.--The development of requirements 
    with respect to agreements under section 1205(e).
        (4) Anti-doping and medication control enforcement agency.--
            (A) Control rules, protocols, etc.--Except as provided in 
        paragraph (5), the anti-doping and medication control program 
        enforcement agency under section 1205(e) shall, in consultation 
        with the anti-doping and medication control standing committee 
        of the Authority and consistent with international best 
        practices, develop and recommend anti-doping and medication 
        control rules, protocols, policies, and guidelines for approval 
        by the Authority.
            (B) Results management.--The anti-doping and medication 
        control enforcement agency shall conduct and oversee anti-
        doping and medication control results management, including 
        independent investigations, charging and adjudication of 
        potential medication control rule violations, and the 
        enforcement of any civil sanctions for such violations. Any 
        final decision or civil sanction of the anti-doping and 
        medication control enforcement agency under this subparagraph 
        shall be the final decision or civil sanction of the Authority, 
        subject to review in accordance with section 1209.
            (C) Testing.--The anti-doping enforcement agency shall 
        perform and manage test distribution planning (including 
        intelligence-based testing), the sample collection process, and 
        in-competition and out-of-competition testing (including no-
        advance-notice testing).
            (D) Testing laboratories.--The anti-doping and medication 
        control enforcement agency shall accredit testing laboratories 
        based upon the standards established under this Act, and shall 
        monitor, test, and audit accredited laboratories to ensure 
        continuing compliance with accreditation standards.
        (5) Anti-doping and medication control standing committee.--The 
    anti-doping and medication control standing committee shall, in 
    consultation with the anti-doping and medication control 
    enforcement agency, develop lists of permitted and prohibited 
    medications, methods, and substances for recommendation to, and 
    approval by, the Authority. Any such list may prohibit the 
    administration of any substance or method to a horse at any time 
    after such horse becomes a covered horse if the Authority 
    determines such substance or method has a long-term degrading 
    effect on the soundness of a horse.
    (d) Prohibition.--Except as provided in subsections (e) and (f), 
the horseracing anti-doping and medication control program shall 
prohibit the administration of any prohibited or otherwise permitted 
substance to a covered horse within 48 hours of its next racing start, 
effective as of the program effective date.
    (e) Advisory Committee Study and Report.--
        (1) In general.--Not later than the program effective date, the 
    Authority shall convene an advisory committee comprised of 
    horseracing anti-doping and medication control industry experts, 
    including a member designated by the anti-doping and medication 
    control enforcement agency, to conduct a study on the use of 
    furosemide on horses during the 48-hour period before the start of 
    a race, including the effect of furosemide on equine health and the 
    integrity of competition and any other matter the Authority 
    considers appropriate.
        (2) Report.--Not later than three years after the program 
    effective date, the Authority shall direct the advisory committee 
    convened under paragraph (1) to submit to the Authority a written 
    report on the study conducted under that paragraph that includes 
    recommended changes, if any, to the prohibition in subsection (d).
        (3) Modification of prohibition.--
            (A) In general.--After receipt of the report required by 
        paragraph (2), the Authority may, by unanimous vote of the 
        Board of the Authority, modify the prohibition in subsection 
        (d) and, notwithstanding subsection (f), any such modification 
        shall apply to all States beginning on the date that is three 
        years after the program effective date.
            (B) Condition.--In order for a unanimous vote described in 
        subparagraph (A) to effect a modification of the prohibition in 
        subsection (d), the vote must include unanimous adoption of 
        each of the following findings:
                (i) That the modification is warranted.
                (ii) That the modification is in the best interests of 
            horse racing.
                (iii) That furosemide has no performance enhancing 
            effect on individual horses.
                (iv) That public confidence in the integrity and safety 
            of racing would not be adversely affected by the 
            modification.
    (f) Exemption.--
        (1) In general.--Except as provided in paragraph (2), only 
    during the three-year period beginning on the program effective 
    date, a State racing commission may submit to the Authority, at 
    such time and in such manner as the Authority may require, a 
    request for an exemption from the prohibition in subsection (d) 
    with respect to the use of furosemide on covered horses during such 
    period.
        (2) Exceptions.--An exemption under paragraph (1) may not be 
    requested for--
            (A) two-year-old covered horses; or
            (B) covered horses competing in stakes races.
        (3) Contents of request.--A request under paragraph (1) shall 
    specify the applicable State racing commission's requested 
    limitations on the use of furosemide that would apply to the State 
    under the horseracing anti-doping and medication control program 
    during such period. Such limitations shall be no less restrictive 
    on the use and administration of furosemide than the restrictions 
    set forth in State's laws and regulations in effect as of September 
    1, 2020.
        (4) Grant of exemption.--Subject to subsection (e)(3), the 
    Authority shall grant an exemption requested under paragraph (1) 
    for the remainder of such period and shall allow the use of 
    furosemide on covered horses in the applicable State, in accordance 
    with the requested limitations.
    (g) Baseline Anti-doping and Medication Control Rules.--
        (1) In general.--Subject to paragraph (3), the baseline anti-
    doping and medication control rules described in paragraph (2) 
    shall--
            (A) constitute the initial rules of the horseracing anti-
        doping and medication control program; and
            (B) except as exempted pursuant to subsections (e) and (f), 
        remain in effect at all times after the program effective date.
        (2) Baseline anti-doping medication control rules described.--
            (A) In general.--The baseline anti-doping and medication 
        control rules described in this paragraph are the following:
                (i) The lists of permitted and prohibited substances 
            (including drugs, medications, and naturally occurring 
            substances and synthetically occurring substances) in 
            effect for the International Federation of Horseracing 
            Authorities, including the International Federation of 
            Horseracing Authorities International Screening Limits for 
            urine, dated May 2019, and the International Federation of 
            Horseracing Authorities International Screening Limits for 
            plasma, dated May 2019.
                (ii) The World Anti-Doping Agency International 
            Standard for Laboratories (version 10.0), dated November 
            12, 2019.
                (iii) The Association of Racing Commissioners 
            International out-of-competition testing standards, Model 
            Rules of Racing (version 9.2).
                (iv) The Association of Racing Commissioners 
            International penalty and multiple medication violation 
            rules, Model Rules of Racing (version 6.2).
            (B) Conflict of rules.--In the case of a conflict among the 
        rules described in subparagraph (A), the most stringent rule 
        shall apply.
        (3) Modifications to baseline rules.--
            (A) Development by anti-doping and medication control 
        standing committee.--The anti-doping and medication control 
        standing committee, in consultation with the anti-doping and 
        medication control enforcement agency, may develop and submit 
        to the Authority for approval by the Authority proposed 
        modifications to the baseline anti-doping and medication 
        control rules.
            (B) Authority approval.--If the Authority approves a 
        proposed modification under this paragraph, the proposed 
        modification shall be submitted to and considered by the 
        Commission in accordance with section 1204.
            (C) Anti-doping and medication control enforcement agency 
        veto authority.--The Authority shall not approve any proposed 
        modification that renders an anti-doping and medication control 
        rule less stringent than the baseline anti-doping and 
        medication control rules described in paragraph (2) (including 
        by increasing permitted medication thresholds, adding permitted 
        medications, removing prohibited medications, or weakening 
        enforcement mechanisms) without the approval of the anti-doping 
        and medication control enforcement agency.
SEC. 1207. RACETRACK SAFETY PROGRAM.
    (a) Establishment and Considerations.--
        (1) In general.--Not later than the program effective date, and 
    after notice and an opportunity for public comment in accordance 
    with section 1204, the Authority shall establish a racetrack safety 
    program applicable to all covered horses, covered persons, and 
    covered horseraces in accordance with the registration of covered 
    persons under section 1205(d).
        (2) Considerations in development of safety program.--In the 
    development of the horseracing safety program for covered horses, 
    covered persons, and covered horseraces, the Authority and the 
    Commission shall take into consideration existing safety standards 
    including the National Thoroughbred Racing Association Safety and 
    Integrity Alliance Code of Standards, the International Federation 
    of Horseracing Authority's International Agreement on Breeding, 
    Racing, and Wagering, and the British Horseracing Authority's 
    Equine Health and Welfare program.
    (b) Elements of Horseracing Safety Program.--The horseracing safety 
program shall include the following:
        (1) A set of training and racing safety standards and protocols 
    taking into account regional differences and the character of 
    differing racing facilities.
        (2) A uniform set of training and racing safety standards and 
    protocols consistent with the humane treatment of covered horses, 
    which may include lists of permitted and prohibited practices or 
    methods (such as crop use).
        (3) A racing surface quality maintenance system that--
            (A) takes into account regional differences and the 
        character of differing racing facilities; and
            (B) may include requirements for track surface design and 
        consistency and established standard operating procedures 
        related to track surface, monitoring, and maintenance (such as 
        standardized seasonal assessment, daily tracking, and 
        measurement).
        (4) A uniform set of track safety standards and protocols, that 
    may include rules governing oversight and movement of covered 
    horses and human and equine injury reporting and prevention.
        (5) Programs for injury and fatality data analysis, that may 
    include pre- and post-training and race inspections, use of a 
    veterinarian's list, and concussion protocols.
        (6) The undertaking of investigations at racetrack and non-
    racetrack facilities related to safety violations.
        (7) Procedures for investigating, charging, and adjudicating 
    violations and for the enforcement of civil sanctions for 
    violations.
        (8) A schedule of civil sanctions for violations.
        (9) Disciplinary hearings, which may include binding 
    arbitration, civil sanctions, and research.
        (10) Management of violation results.
        (11) Programs relating to safety and performance research and 
    education.
        (12) An evaluation and accreditation program that ensures that 
    racetracks in the United States meet the standards described in the 
    elements of the Horseracing Safety Program.
    (c) Activities.--The following activities shall be carried out 
under the racetrack safety program:
        (1) Standards for racetrack safety.--The development, by the 
    racetrack safety standing committee of the Authority in section 
    1203(c)(2) of uniform standards for racetrack and horseracing 
    safety.
        (2) Standards for safety and performance accreditation.--
            (A) In general.--Not later than 120 days before the program 
        effective date, the Authority, in consultation with the 
        racetrack safety standing committee, shall issue, by rule in 
        accordance with section 1204--
                (i) safety and performance standards of accreditation 
            for racetracks; and
                (ii) the process by which a racetrack may achieve and 
            maintain accreditation by the Authority.
            (B) Modifications.--
                (i) In general.--The Authority may modify rules 
            establishing the standards issued under subparagraph (A), 
            as the Authority considers appropriate.
                (ii) Notice and comment.--The Commission shall publish 
            in the Federal Register any proposed rule of the Authority, 
            and provide an opportunity for public comment with respect 
            to, any modification under clause (i) in accordance with 
            section 1204.
            (C) Extension of provisional or interim accreditation.--The 
        Authority may, by rule in accordance with section 1204, extend 
        provisional or interim accreditation to a racetrack accredited 
        by the National Thoroughbred Racing Association Safety and 
        Integrity Alliance on a date before the program effective date.
        (3) Nationwide safety and performance database.--
            (A) In general.--Not later than one year after the program 
        effective date, and after notice and an opportunity for public 
        comment in accordance with section 1204, the Authority, in 
        consultation with the Commission, shall develop and maintain a 
        nationwide database of racehorse safety, performance, health, 
        and injury information for the purpose of conducting an 
        epidemiological study.
            (B) Collection of information.--In accordance with the 
        registration of covered persons under section 1205(d), the 
        Authority may require covered persons to collect and submit to 
        the database described in subparagraph (A) such information as 
        the Authority may require to further the goal of increased 
        racehorse welfare.
SEC. 1208. RULE VIOLATIONS AND CIVIL SANCTIONS.
    (a) Description of Rule Violations.--
        (1) In general.--The Authority shall issue, by rule in 
    accordance with section 1204, a description of safety, performance, 
    and anti-doping and medication control rule violations applicable 
    to covered horses and covered persons.
        (2) Elements.--The description of rule violations established 
    under paragraph (1) may include the following:
            (A) With respect to a covered horse, strict liability for 
        covered trainers for--
                (i) the presence of a prohibited substance or method in 
            a sample or the use of a prohibited substance or method;
                (ii) the presence of a permitted substance in a sample 
            in excess of the amount allowed by the horseracing anti-
            doping and medication control program; and
                (iii) the use of a permitted method in violation of the 
            applicable limitations established under the horseracing 
            anti-doping and medication control program.
            (B) Attempted use of a prohibited substance or method on a 
        covered horse.
            (C) Possession of any prohibited substance or method.
            (D) Attempted possession of any prohibited substance or 
        method.
            (E) Administration or attempted administration of any 
        prohibited substance or method on a covered horse.
            (F) Refusal or failure, without compelling justification, 
        to submit a covered horse for sample collection.
            (G) Failure to cooperate with the Authority or an agent of 
        the Authority during any investigation.
            (H) Failure to respond truthfully, to the best of a covered 
        person's knowledge, to a question of the Authority or an agent 
        of the Authority with respect to any matter under the 
        jurisdiction of the Authority.
            (I) Tampering or attempted tampering with the application 
        of the safety, performance, or anti-doping and medication 
        control rules or process adopted by the Authority, including--
                (i) the intentional interference, or an attempt to 
            interfere, with an official or agent of the Authority;
                (ii) the procurement or the provision of fraudulent 
            information to the Authority or agent; and
                (iii) the intimidation of, or an attempt to intimidate, 
            a potential witness.
            (J) Trafficking or attempted trafficking in any prohibited 
        substance or method.
            (K) Assisting, encouraging, aiding, abetting, conspiring, 
        covering up, or any other type of intentional complicity 
        involving a safety, performance, or anti-doping and medication 
        control rule violation or the violation of a period of 
        suspension or eligibility.
            (L) Threatening or seeking to intimidate a person with the 
        intent of discouraging the person from the good faith reporting 
        to the Authority, an agent of the Authority or the Commission, 
        or the anti-doping and medication control enforcement agency 
        under section 1205(e), of information that relates to--
                (i) an alleged safety, performance, or anti-doping and 
            medication control rule violation; or
                (ii) alleged noncompliance with a safety, performance, 
            or anti-doping and medication control rule.
    (b) Testing Laboratories.--
        (1) Accreditation and standards.--Not later than 120 days 
    before the program effective date, the Authority shall, in 
    consultation with the anti-doping and medication control 
    enforcement agency, establish, by rule in accordance with section 
    1204--
            (A) standards of accreditation for laboratories involved in 
        testing samples from covered horses;
            (B) the process for achieving and maintaining 
        accreditation; and
            (C) the standards and protocols for testing such samples.
        (2) Administration.--The accreditation of laboratories and the 
    conduct of audits of accredited laboratories to ensure compliance 
    with Authority rules shall be administered by the anti-doping and 
    medication control enforcement agency. The anti-doping and 
    medication control enforcement agency shall have the authority to 
    require specific test samples to be directed to and tested by 
    laboratories having special expertise in the required tests.
        (3) Extension of provisional or interim accreditation.--The 
    Authority may, by rule in accordance with section 1204, extend 
    provisional or interim accreditation to a laboratory accredited by 
    the Racing Medication and Testing Consortium, Inc., on a date 
    before the program effective date.
        (4) Selection of laboratories.--
            (A) In general.--Except as provided in paragraph (2), a 
        State racing commission may select a laboratory accredited in 
        accordance with the standards established under paragraph (1) 
        to test samples taken in the applicable State.
            (B) Selection by the authority.--If a State racing 
        commission does not select an accredited laboratory under 
        subparagraph (A), the Authority shall select such a laboratory 
        to test samples taken in the State concerned.
    (c) Results Management and Disciplinary Process.--
        (1) In general.--Not later than 120 days before the program 
    effective date, the Authority shall establish in accordance with 
    section 1204--
            (A) rules for safety, performance, and anti-doping and 
        medication control results management; and
            (B) the disciplinary process for safety, performance, and 
        anti-doping and medication control rule violations.
        (2) Elements.--The rules and process established under 
    paragraph (1) shall include the following:
            (A) Provisions for notification of safety, performance, and 
        anti-doping and medication control rule violations.
            (B) Hearing procedures.
            (C) Standards for burden of proof.
            (D) Presumptions.
            (E) Evidentiary rules.
            (F) Appeals.
            (G) Guidelines for confidentiality and public reporting of 
        decisions.
        (3) Due process.--The rules established under paragraph (1) 
    shall provide for adequate due process, including impartial hearing 
    officers or tribunals commensurate with the seriousness of the 
    alleged safety, performance, or anti-doping and medication control 
    rule violation and the possible civil sanctions for such violation.
    (d) Civil Sanctions.--
        (1) In general.--The Authority shall establish uniform rules, 
    in accordance with section 1204, imposing civil sanctions against 
    covered persons or covered horses for safety, performance, and 
    anti-doping and medication control rule violations.
        (2) Requirements.--The rules established under paragraph (1) 
    shall--
            (A) take into account the unique aspects of horseracing;
            (B) be designed to ensure fair and transparent horseraces; 
        and
            (C) deter safety, performance, and anti-doping and 
        medication control rule violations.
        (3) Severity.--The civil sanctions under paragraph (1) may 
    include--
            (A) lifetime bans from horseracing, disgorgement of purses, 
        monetary fines and penalties, and changes to the order of 
        finish in covered races; and
            (B) with respect to anti-doping and medication control rule 
        violators, an opportunity to reduce the applicable civil 
        sanctions that is comparable to the opportunity provided by the 
        Protocol for Olympic Movement Testing of the United States 
        Anti-Doping Agency.
    (e) Modifications.--The Authority may propose a modification to any 
rule established under this section as the Authority considers 
appropriate, and the proposed modification shall be submitted to and 
considered by the Commission in accordance with section 1204.
SEC. 1209. REVIEW OF FINAL DECISIONS OF THE AUTHORITY.
    (a) Notice of Civil Sanctions.-- If the Authority imposes a final 
civil sanction for a violation committed by a covered person pursuant 
to the rules or standards of the Authority, the Authority shall 
promptly submit to the Commission notice of the civil sanction in such 
form as the Commission may require.
    (b) Review by Administrative Law Judge.--
        (1) In general.--With respect to a final civil sanction imposed 
    by the Authority, on application by the Commission or a person 
    aggrieved by the civil sanction filed not later than 30 days after 
    the date on which notice under subsection (a) is submitted, the 
    civil sanction shall be subject to de novo review by an 
    administrative law judge.
        (2) Nature of review.--
            (A) In general.--In matters reviewed under this subsection, 
        the administrative law judge shall determine whether--
                (i) a person has engaged in such acts or practices, or 
            has omitted such acts or practices, as the Authority has 
            found the person to have engaged in or omitted;
                (ii) such acts, practices, or omissions are in 
            violation of this Act or the anti-doping and medication 
            control or racetrack safety rules approved by the 
            Commission; or
                (iii) the final civil sanction of the Authority was 
            arbitrary, capricious, an abuse of discretion, or otherwise 
            not in accordance with law.
            (B) Conduct of hearing.--An administrative law judge shall 
        conduct a hearing under this subsection in such a manner as the 
        Commission may specify by rule, which shall conform to section 
        556 of title 5, United States Code.
        (3) Decision by administrative law judge.--
            (A) In general.--With respect to a matter reviewed under 
        this subsection, an administrative law judge--
                (i) shall render a decision not later than 60 days 
            after the conclusion of the hearing;
                (ii) may affirm, reverse, modify, set aside, or remand 
            for further proceedings, in whole or in part, the final 
            civil sanction of the Authority; and
                (iii) may make any finding or conclusion that, in the 
            judgment of the administrative law judge, is proper and 
            based on the record.
            (B) Final decision.--A decision under this paragraph shall 
        constitute the decision of the Commission without further 
        proceedings unless a notice or an application for review is 
        timely filed under subsection (c).
    (c) Review by Commission.--
        (1) Notice of review by commission.--The Commission may, on its 
    own motion, review any decision of an administrative law judge 
    issued under subsection (b)(3) by providing written notice to the 
    Authority and any interested party not later than 30 days after the 
    date on which the administrative law judge issues the decision.
        (2) Application for review.--
            (A) In general.--The Authority or a person aggrieved by a 
        decision issued under subsection (b)(3) may petition the 
        Commission for review of such decision by filing an application 
        for review not later than 30 days after the date on which the 
        administrative law judge issues the decision.
            (B) Effect of denial of application for review.--If an 
        application for review under subparagraph (A) is denied, the 
        decision of the administrative law judge shall constitute the 
        decision of the Commission without further proceedings.
            (C) Discretion of commission.--
                (i) In general.--A decision with respect to whether to 
            grant an application for review under subparagraph (A) is 
            subject to the discretion of the Commission.
                (ii) Matters to be considered.--In determining whether 
            to grant such an application for review, the Commission 
            shall consider whether the application makes a reasonable 
            showing that--

                    (I) a prejudicial error was committed in the 
                conduct of the proceeding; or
                    (II) the decision involved--

                        (aa) an erroneous application of the anti-
                    doping and medication control or racetrack safety 
                    rules approved by the Commission; or
                        (bb) an exercise of discretion or a decision of 
                    law or policy that warrants review by the 
                    Commission.
        (3) Nature of review.--
            (A) In general.--In matters reviewed under this subsection, 
        the Commission may--
                (i) affirm, reverse, modify, set aside, or remand for 
            further proceedings, in whole or in part, the decision of 
            the administrative law judge; and
                (ii) make any finding or conclusion that, in the 
            judgement of the Commission, is proper and based on the 
            record.
            (B) De novo review.--The Commission shall review de novo 
        the factual findings and conclusions of law made by the 
        administrative law judge.
            (C) Consideration of additional evidence.--
                (i) Motion by commission.--The Commission may, on its 
            own motion, allow the consideration of additional evidence.
                (ii) Motion by a party.--

                    (I) In general.--A party may file a motion to 
                consider additional evidence at any time before the 
                issuance of a decision by the Commission, which shall 
                show, with particularity, that--

                        (aa) such additional evidence is material; and
                        (bb) there were reasonable grounds for failure 
                    to submit the evidence previously.

                    (II) Procedure.--The Commission may--

                        (aa) accept or hear additional evidence; or
                        (bb) remand the proceeding to the 
                    administrative law judge for the consideration of 
                    additional evidence.
    (d) Stay of Proceedings.--Review by an administrative law judge or 
the Commission under this section shall not operate as a stay of a 
final civil sanction of the Authority unless the administrative law 
judge or Commission orders such a stay.
SEC. 1210. UNFAIR OR DECEPTIVE ACTS OR PRACTICES.
    The sale of a covered horse, or of any other horse in anticipation 
of its future participation in a covered race, shall be considered an 
unfair or deceptive act or practice in or affecting commerce under 
section 5(a) of the Federal Trade Commission Act (15 U.S.C. 45(a)) if 
the seller--
        (1) knows or has reason to know the horse has been 
    administered--
            (A) a bisphosphonate prior to the horse's fourth birthday; 
        or
            (B) any other substance or method the Authority determines 
        has a long-term degrading effect on the soundness of the 
        covered horse; and
        (2) fails to disclose to the buyer the administration of the 
    bisphosphonate or other substance or method described in paragraph 
    (1)(B).
SEC. 1211. STATE DELEGATION; COOPERATION.
    (a) State Delegation.--
        (1) In general.--The Authority may enter into an agreement with 
    a State racing commission to implement, within the jurisdiction of 
    the State racing commission, a component of the racetrack safety 
    program or, with the concurrence of the anti-doping and medication 
    control enforcement agency under section 1205(e), a component of 
    the horseracing anti-doping and medication control program, if the 
    Authority determines that the State racing commission has the 
    ability to implement such component in accordance with the rules, 
    standards, and requirements established by the Authority.
        (2) Implementation by state racing commission.--A State racing 
    commission or other appropriate regulatory body of a State may not 
    implement such a component in a manner less restrictive than the 
    rule, standard, or requirement established by the Authority.
    (b) Cooperation.--To avoid duplication of functions, facilities, 
and personnel, and to attain closer coordination and greater 
effectiveness and economy in administration of Federal and State law, 
where conduct by any person subject to the horseracing medication 
control program or the racetrack safety program may involve both a 
medication control or racetrack safety rule violation and violation of 
Federal or State law, the Authority and Federal or State law 
enforcement authorities shall cooperate and share information.
SEC. 1212. DETERMINATION OF BUDGETARY EFFECTS.
    The budgetary effects of this Act, for the purpose of complying 
with the Statutory Pay-As-You-Go Act of 2010, shall be determined by 
reference to the latest statement titled ``Budgetary Effects of PAYGO 
Legislation'' for this Act, submitted for printing in the Congressional 
Record by the Chairman of the House Budget Committee, provided that 
such statement has been submitted prior to the vote on passage.

             TITLE XIII--COMMUNITY DEVELOPMENT BLOCK GRANTS

SEC. 1301. COMMUNITY DEVELOPMENT BLOCK GRANTS.
    (a) In General.--Funds previously made available in chapter 9 of 
title X of the Disaster Relief Appropriations Act, 2013 (Public Law 
113-2, division A; 127 Stat. 36) under the heading ``DEPARTMENT OF 
HOUSING AND URBAN DEVELOPMENT--Community Planning and Development--
Community Development Fund'' that were available for obligation through 
fiscal year 2017 are to remain available through fiscal year 2023 for 
the liquidation of valid obligations incurred in fiscal years 2013 
through 2017.
    (b) Emergency.--Amounts repurposed pursuant to this section that 
were previously designated by the Congress as an emergency requirement 
pursuant to the Balanced Budget and Emergency Deficit Control Act of 
1985 are designated by the Congress as an emergency requirement 
pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and 
Emergency Deficit Control Act of 1985.

              TITLE XIV--COVID-19 CONSUMER PROTECTION ACT

SEC. 1401. PROHIBITING DECEPTIVE ACTS OR PRACTICES IN CONNECTION WITH 
THE NOVEL CORONAVIRUS.
    (a) Short Title.--This section may be cited as the ``COVID-19 
Consumer Protection Act''.
    (b) In General.--For the duration of a public health emergency 
declared pursuant to section 319 of the Public Health Service Act (42 
U.S.C. 247d) as a result of confirmed cases of the 2019 novel 
coronavirus (COVID-19), including any renewal thereof, it shall be 
unlawful for any person, partnership, or corporation to engage in a 
deceptive act or practice in or affecting commerce in violation of 
section 5(a) of the Federal Trade Commission Act (15 U.S.C. 45(a)) that 
is associated with--
        (1) the treatment, cure, prevention, mitigation, or diagnosis 
    of COVID-19; or
        (2) a government benefit related to COVID-19.
    (c) Enforcement by the Federal Trade Commission.--
        (1) Violation.--A violation of subsection (b) shall be treated 
    as a violation of a rule defining an unfair or deceptive act or 
    practice prescribed under section 18(a)(1)(B) of the Federal Trade 
    Commission Act (15 U.S.C. 57a(a)(1)(B)).
        (2) Powers of the federal trade commission.--
            (A) In general.--The Federal Trade Commission shall enforce 
        subsection (b) in the same manner, by the same means, and with 
        the same jurisdiction, powers, and duties as though all 
        applicable terms and provisions of the Federal Trade Commission 
        Act (15 U.S.C. 41 et seq.) were incorporated into and made a 
        part of this Act.
            (B) Privileges and immunities.--Any person who violates 
        this Act shall be subject to the penalties and entitled to the 
        privileges and immunities provided in the Federal Trade 
        Commission Act.
        (3) Effect on other laws.--Nothing in this Act shall be 
    construed to limit the authority of the Federal Trade Commission 
    under any other provision of law.
    (d) Severability.--If any provision of this Act, or the application 
thereof to any person or circumstance, is held invalid, the remainder 
of this Act and the application of such provision to other persons not 
similarly situated or to other circumstances shall not be affected by 
the invalidation.

                     TITLE XV--AMERICAN COMPETE ACT

SEC. 1501. AMERICAN COMPETITIVENESS OF A MORE PRODUCTIVE EMERGING TECH 
ECONOMY.
    (a) Short Title.--This title may be cited as the ``American 
Competitiveness Of a More Productive Emerging Tech Economy Act'' or the 
``American COMPETE Act''.
    (b) Study to Advance Artificial Intelligence.--
        (1) In general.--
            (A) Study required.--Not later than 1 year after the date 
        of enactment of this Act, the Secretary of Commerce and the 
        Federal Trade Commission shall complete a study on the state of 
        the artificial intelligence industry and the impact of such 
        industry on the United States economy.
            (B) Requirements for study.--In conducting the study, the 
        Secretary and the Commission shall--
                (i) develop and conduct a survey of the artificial 
            intelligence industry through outreach to participating 
            entities as appropriate to--

                    (I) establish a list of industry sectors that 
                implement and promote the use of artificial 
                intelligence;
                    (II) establish a list of public-private 
                partnerships focused on promoting the adoption and use 
                of artificial intelligence, as well as industry-based 
                bodies, including international bodies, which have 
                developed, or are developing, mandatory or voluntary 
                standards for artificial intelligence;
                    (III) the status of such industry-based mandatory 
                or voluntary standards; and
                    (IV) provide a description of the ways entities or 
                industry sectors implement and promote the use of 
                artificial intelligence;

                (ii) develop a comprehensive list of Federal agencies 
            with jurisdiction over the entities and industry sectors 
            identified under clause (i);
                (iii) identify which Federal agency or agencies listed 
            under clause (ii) each entity or industry sector interacts 
            with;
                (iv) identify all interagency activities that are 
            taking place among the Federal agencies listed under clause 
            (ii), such as working groups or other coordinated efforts;
                (v) develop a brief description of the jurisdiction and 
            expertise of the Federal agencies listed under clause (ii) 
            with regard to such entities and industry sectors;
                (vi) identify all regulations, guidelines, mandatory 
            standards, voluntary standards, and other policies 
            implemented by each of the Federal agencies identified 
            under clause (ii), as well as all guidelines, mandatory 
            standards, voluntary standards, and other policies 
            implemented by industry-based bodies;
                (vii) identify Federal Government resources that exist 
            for consumers and small businesses to evaluate the use of 
            artificial intelligence; and
                (viii) consult with the Office of Science and 
            Technology Policy and interagency efforts on artificial 
            intelligence to minimize duplication of activities among 
            the Federal agencies identified under clause (ii).
        (2) Marketplace and supply chain survey.--The Secretary and 
    Commission shall conduct a survey of the marketplace and supply 
    chain of artificial intelligence to--
            (A) identify and assess risks posed to such marketplace and 
        supply chain;
            (B) review the ability of foreign governments or third 
        parties to exploit the supply chain in a manner that raises 
        risks to the economic and national security of the United 
        States; and
            (C) identify emerging risks and long-term trends in such 
        marketplace and supply chain.
        (3) Report to congress.--Not later than 6 months after the 
    completion of the study required under paragraph (1), the Secretary 
    and the Commission shall submit to the Committee on Energy and 
    Commerce and the Committee on Science, Space, and Technology of the 
    House of Representatives, and the Committee on Commerce, Science, 
    and Transportation of the Senate, and make publicly available on 
    their respective websites, a report that contains--
            (A) the results of the study conducted pursuant to 
        paragraph (1) and the survey conducted pursuant to paragraph 
        (2); and
            (B) recommendations to--
                (i) grow the United States economy through the secure 
            advancement of artificial intelligence;
                (ii) develop a national strategy to advance the United 
            States business sectors' position in the world on the 
            adoption of artificial intelligence;
                (iii) develop strategies to mitigate current and 
            emerging risks to the marketplace and supply chain of 
            artificial intelligence; and
                (iv) develop legislation that--

                    (I) advances the expeditious adoption of artificial 
                intelligence applications in interstate commerce that 
                takes into account findings from available Federal 
                advisory committees that produce recommendations on 
                artificial intelligence to the extent possible; and
                    (II) addresses societal priorities related to the 
                expeditious adoption of artificial intelligence 
                applications in interstate commerce, including but not 
                limited to maintaining ethics, reducing bias, and 
                protecting privacy and security.

    (c) Study to Advance Internet of Things in Manufacturing.--
        (1) In general.--
            (A) Study required.--Not later than 1 year after the date 
        of enactment of this Act, the Secretary of Commerce, in 
        coordination with the head of any other appropriate Federal 
        agency, shall complete a study on the use of internet-connected 
        devices and internet-connected solutions in manufacturing in 
        the United States.
            (B) Requirements for study.--In conducting the study, the 
        Secretary shall--
                (i) develop and conduct a survey of the manufacturing 
            industry through outreach to participating entities as 
            appropriate to--

                    (I) establish a list of the industry sectors that 
                implement and promote the use of internet-connected 
                devices and internet-connected solutions in 
                manufacturing;
                    (II) establish a list of public-private 
                partnerships focused on promoting the adoption and use 
                of internet-connected devices and internet-connected 
                solutions in manufacturing, as well as industry-based 
                bodies, including international bodies, that have 
                developed, or are developing, mandatory or voluntary 
                standards for such uses;
                    (III) the status of such industry-based mandatory 
                or voluntary standards;
                    (IV) provide a description of the ways entities or 
                industry sectors implement and promote the use of 
                internet-connected devices and internet-connected 
                solutions in manufacturing;

                (ii) develop a comprehensive list of Federal agencies 
            with jurisdiction over the entities and industry sectors 
            identified under clause (i);
                (iii) identify which Federal agency or agencies listed 
            under clause (ii) each entity or industry sector interacts 
            with;
                (iv) identify all interagency activities that are 
            taking place among the Federal agencies listed under clause 
            (ii), such as working groups or other coordinated efforts;
                (v) develop a brief description of the jurisdiction and 
            expertise of the Federal agencies listed under clause (ii) 
            with regard to such entities and industry sectors;
                (vi) identify all regulations, guidelines, mandatory 
            standards, voluntary standards, and other policies 
            implemented by each of the Federal agencies identified 
            under clause (ii), as well as all guidelines, mandatory 
            standards, voluntary standards, and other policies 
            implemented by industry-based bodies; and
                (vii) identify Federal Government resources that exist 
            for consumers and small businesses to evaluate the use of 
            internet-connected devices and internet-connected solutions 
            in manufacturing.
        (2) Marketplace and supply chain survey.--The Secretary shall 
    conduct a survey of the marketplace and supply chain of internet-
    connected devices and internet-connected solutions used in 
    manufacturing to--
            (A) assess the severity of risks posed to such marketplace 
        and supply chain;
            (B) review the ability of foreign governments or third 
        parties to exploit the supply chain in a manner that raises 
        risks to the economic and national security of the United 
        States; and
            (C) identify emerging risks and long-term trends in such 
        marketplace and supply chain.
        (3) Report to congress.--Not later than 6 months after the 
    completion of the study required pursuant to paragraph (1), the 
    Secretary shall submit to the Committee on Energy and Commerce and 
    the Committee on Science, Space, and Technology of the House of 
    Representatives, and the Committee on Commerce, Science, and 
    Transportation of the Senate, and make publicly available on the 
    website of the Department of Commerce, a report that contains--
            (A) the results of the study conducted pursuant to 
        paragraph (1) and the surveys conducted pursuant to paragraph 
        (2); and
            (B) recommendations to--
                (i) grow the United States economy through the secure 
            advancement of the use of internet-connected devices and 
            internet-connected solutions in manufacturing;
                (ii) develop a national strategy to advance the United 
            States business sectors' position in the world on the 
            adoption of internet-connected devices and internet-
            connected solutions used in manufacturing;
                (iii) develop strategies to mitigate current and 
            emerging risks to the marketplace and supply chain of 
            internet-connected devices and internet-connected solutions 
            used in manufacturing;
                (iv) develop policies that States can adopt to 
            encourage the growth of manufacturing, including the use of 
            internet-connected devices and internet-connected solutions 
            in manufacturing; and
                (v) develop legislation that may advance the 
            expeditious adoption of the use of internet-connected 
            devices and internet-connected solutions in manufacturing.
    (d) Study to Advance Quantum Computing.--
        (1) In general.--
            (A) Study required.--Not later than 1 year after the date 
        of enactment of this Act, the Secretary of Commerce and the 
        Federal Trade Commission shall complete a study on the state of 
        the quantum computing industry and the impact of such industry 
        on the United States economy.
            (B) Requirements for study.--In conducting the study, the 
        Secretary and the Commission shall--
                (i) develop and conduct a survey of the quantum 
            computing industry through outreach to participating 
            entities as appropriate to--

                    (I) establish a list of industry sectors that 
                implement and promote the use of quantum computing;
                    (II) establish a list of public-private 
                partnerships focused on promoting the adoption and use 
                of quantum computing, as well as industry-based bodies, 
                including international bodies, which have developed, 
                or are developing, mandatory or voluntary standards for 
                quantum computing;
                    (III) the status of such industry-based mandatory 
                or voluntary standards; and
                    (IV) provide a description of the ways entities or 
                industry sectors implement and promote the use of 
                quantum computing;

                (ii) develop a comprehensive list of Federal agencies 
            with jurisdiction over the entities and industry sectors 
            identified under clause (i);
                (iii) identify which Federal agency or agencies listed 
            under clause (ii) each entity or industry sector interacts 
            with;
                (iv) identify all interagency activities that are 
            taking place among the Federal agencies listed under clause 
            (ii), such as working groups or other coordinated efforts;
                (v) develop a brief description of the jurisdiction and 
            expertise of the Federal agencies listed under clause (ii) 
            with regard to such entities and industry sectors;
                (vi) identify all regulations, guidelines, mandatory 
            standards, voluntary standards, and other policies 
            implemented by each of the Federal agencies identified 
            under clause (ii), as well as all guidelines, mandatory 
            standards, voluntary standards, and other policies 
            implemented by industry-based bodies;
                (vii) identify Federal Government resources that exist 
            for consumers and small businesses to evaluate the use of 
            quantum computing; and
                (viii) consult with the Office of Science and 
            Technology Policy and interagency efforts on quantum 
            authorized by sections 102 and 103 of the National Quantum 
            Initiative Act (Public Law 115-368) to minimize duplication 
            of activities in this subparagraph among the Federal 
            agencies listed under clause (ii).
        (2) Marketplace and supply chain survey.--The Secretary and 
    Commission shall conduct a survey of the marketplace and supply 
    chain of quantum computing to--
            (A) assess the severity of risks posed to such marketplace 
        and supply chain;
            (B) review the ability of foreign governments or third 
        parties to exploit the supply chain in a manner that raises 
        risks to the economic and national security of the United 
        States; and
            (C) identify emerging risks and long-term trends in such 
        marketplace and supply chain.
        (3) Report to congress.--Not later than 6 months after the 
    completion of the study required pursuant to paragraph (1), the 
    Secretary and the Commission shall submit to the Committee on 
    Energy and Commerce and the Committee on Science, Space, and 
    Technology of the House of Representatives, and the Committee on 
    Commerce, Science, and Transportation of the Senate, and make 
    publicly available on their respective websites, a report that 
    contains--
            (A) the results of the study conducted pursuant to 
        paragraph (1) and the survey conducted pursuant to paragraph 
        (2); and
            (B) recommendations to--
                (i) grow the United States economy through the secure 
            advancement of quantum computing;
                (ii) develop a national strategy to advance the United 
            States business sectors' position in the world on the 
            adoption of quantum computing;
                (iii) develop strategies to mitigate current and 
            emerging risks to the marketplace and supply chain of 
            quantum computing; and
                (iv) develop legislation that may advance the 
            expeditious adoption of quantum computing.
    (e) Study to Advance Blockchain Technology.--
        (1) In general.--
            (A) Study required.--Not later than 1 year after the date 
        of enactment of this Act, the Secretary of Commerce and the 
        Federal Trade Commission shall complete a study on the state of 
        the blockchain technology industry and the impact of such 
        industry on the United States economy.
            (B) Requirements for study.--In conducting the study, the 
        Secretary and the Commission shall--
                (i) develop and conduct a survey of the blockchain 
            technology industry through outreach to participating 
            entities as appropriate to--

                    (I) establish a list of industry sectors that 
                implement and promote the use of blockchain technology;
                    (II) establish a list of public-private 
                partnerships focused on promoting the adoption and use 
                of blockchain technology, as well as industry-based 
                bodies, including international bodies, which have 
                developed, or are developing, mandatory or voluntary 
                standards for blockchain technology;
                    (III) the status of such industry-based mandatory 
                or voluntary standards; and
                    (IV) provide a description of the ways entities or 
                industry sectors implement and promote the use of 
                blockchain technology;

                (ii) develop a comprehensive list of Federal agencies 
            with jurisdiction over the entities and industry sectors 
            identified under clause (i);
                (iii) identify which Federal agency or agencies listed 
            under clause (ii) each entity or industry sector interacts 
            with;
                (iv) identify all interagency activities that are 
            taking place among the Federal agencies listed under clause 
            (ii), such as working groups or other coordinated efforts;
                (v) develop a brief description of the jurisdiction and 
            expertise of the Federal agencies listed under clause (ii) 
            with regard to such entities and industry sectors;
                (vi) identify all regulations, guidelines, mandatory 
            standards, voluntary standards, and other policies 
            implemented by each of the Federal agencies identified 
            under clause (ii), as well as all guidelines, mandatory 
            standards, voluntary standards, and other policies 
            implemented by industry-based bodies; and
                (vii) identify Federal Government resources that exist 
            for consumers and small businesses to evaluate the use of 
            blockchain technology.
        (2) Marketplace and supply chain survey.--The Secretary and 
    Commission shall conduct a survey of the marketplace and supply 
    chain of blockchain technology to--
            (A) assess the severity of risks posed to such marketplace 
        and supply chain;
            (B) review the ability of foreign governments or third 
        parties to exploit the supply chain in a manner that raises 
        risks to the economic and national security of the United 
        States; and
            (C) identify emerging risks and long-term trends in such 
        marketplace and supply chain.
        (3) Report to congress.--Not later than 6 months after the 
    completion of the study required pursuant to paragraph (1), the 
    Secretary and the Commission shall submit to the Committee on 
    Energy and Commerce and the Committee on Science, Space, and 
    Technology of the House of Representatives, and the Committee on 
    Commerce, Science, and Transportation of the Senate, and make 
    publicly available on their respective websites, a report that 
    contains--
            (A) the results of the study conducted pursuant to 
        paragraph (1) and the survey conducted pursuant to paragraph 
        (2); and
            (B) recommendations to--
                (i) grow the United States economy through the secure 
            advancement of blockchain technology;
                (ii) develop a national strategy to advance the United 
            States business sectors' position in the world on the 
            adoption of blockchain technology;
                (iii) develop strategies to mitigate current and 
            emerging risks to the marketplace and supply chain of 
            blockchain technology; and
                (iv) develop legislation that may advance the 
            expeditious adoption of blockchain technology.
    (f) Study to Advance New and Advanced Materials.--
        (1) In general.--
            (A) Study required.--Not later than 1 year after the date 
        of enactment of this Act, the Secretary of Commerce and the 
        Federal Trade Commission, in coordination with the head of any 
        other appropriate Federal agency, shall complete a study on the 
        state of new and advanced materials industry, including 
        synthetically derived or enhanced natural properties, and the 
        impact of such industry on the United States economy.
            (B) Requirements for study.--In conducting the study, the 
        Secretary and the Commission shall--
                (i) develop and conduct a survey of the new and 
            advanced materials industry through outreach to 
            participating entities as appropriate to--

                    (I) establish a list of industry sectors that 
                implement and promote the use of new and advanced 
                materials;
                    (II) establish a list of public-private 
                partnerships focused on promoting the adoption and use 
                of new and advanced materials, as well as industry-
                based bodies, including international bodies, which 
                have developed, or are developing, mandatory or 
                voluntary standards for new and advanced materials;
                    (III) the status of such industry-based mandatory 
                or voluntary standards; and
                    (IV) provide a description of the ways entities or 
                industry sectors implement and promote the use of new 
                and advanced materials;

                (ii) develop a comprehensive list of Federal agencies 
            with jurisdiction over the entities and industry sectors 
            identified under clause (i);
                (iii) identify which Federal agency or agencies listed 
            under clause (ii) each entity or industry sector interacts 
            with;
                (iv) identify all interagency activities that are 
            taking place among the Federal agencies listed under clause 
            (ii), such as working groups or other coordinated efforts;
                (v) develop a brief description of the jurisdiction and 
            expertise of the Federal agencies listed under clause (ii) 
            with regard to such entities and industry sectors;
                (vi) identify all regulations, guidelines, mandatory 
            standards, voluntary standards, and other policies 
            implemented by each of the Federal agencies identified 
            under clause (ii), as well as all guidelines, mandatory 
            standards, voluntary standards, and other policies 
            implemented by industry-based bodies; and
                (vii) identify Federal Government resources that exist 
            for consumers and small businesses to evaluate the use of 
            new and advanced materials.
        (2) Marketplace and supply chain survey.--The Secretary and 
    Commission shall conduct a survey of the marketplace and supply 
    chain of new and advanced materials to--
            (A) assess the severity of risks posed to such marketplace 
        and supply chain;
            (B) review the ability of foreign governments or third 
        parties to exploit the supply chain in a manner that raises 
        risks to the economic and national security of the United 
        States; and
            (C) identify emerging risks and long-term trends in such 
        marketplace and supply chain.
        (3) Report to congress.--Not later than 6 months after the 
    completion of the study required pursuant to paragraph (1), the 
    Secretary and the Commission shall submit to the Committee on 
    Energy and Commerce and the Committee on Science, Space, and 
    Technology of the House of Representatives, and the Committee on 
    Commerce, Science, and Transportation of the Senate, and make 
    publicly available on their respective websites, a report that 
    contains--
            (A) the results of the study conducted pursuant to 
        paragraph (1) and the survey conducted pursuant to paragraph 
        (2); and
            (B) recommendations to--
                (i) grow the United States economy through the secure 
            advancement of new and advanced materials;
                (ii) develop a national strategy to advance the United 
            States business sectors' position in the world on the 
            adoption of new and advanced materials;
                (iii) develop strategies to mitigate current and 
            emerging risks to the marketplace and supply chain of new 
            and advanced materials; and
                (iv) develop legislation that may advance the 
            expeditious adoption of new and advanced materials.
    (g) Study to Advance Unmanned Delivery Services.--
        (1) In general.--
            (A) Study required.--Not later than 1 year after the date 
        of enactment of this Act, the Secretary of Commerce, in 
        coordination with the head of any other appropriate Federal 
        agency, shall complete a study on the impact of unmanned 
        delivery services on United States businesses conducting 
        interstate commerce.
            (B) Requirements for study.--In conducting the study, the 
        Secretary shall do the following:
                (i) Conduct a survey through outreach to participating 
            entities to--

                    (I) establish a list of the industry sectors that 
                develop and use unmanned delivery services, including 
                the use of autonomous vehicles, drones, and robots;
                    (II) review how unmanned delivery services are 
                currently being used and any potential future 
                applications of such services;
                    (III) identify any challenges to the development 
                and adoption of unmanned delivery services;
                    (IV) review how such services may be used to--

                        (aa) deliver groceries, meals, medications, and 
                    other necessities to senior citizens, people with 
                    disabilities, and people without access to 
                    traditional public transportation;
                        (bb) address challenges public health 
                    emergencies present, including delivering 
                    groceries, meals, medications, medical supplies, 
                    and other necessities during such emergencies; and
                        (cc) any other potential use of such services;

                    (V) identify any safety risks associated with the 
                adoption of unmanned delivery services on roads, in the 
                air, or other environments, including any dangers posed 
                to pedestrians, bicyclists, motorcyclists, motorists, 
                or property;
                    (VI) identify the effect of unmanned delivery 
                services on traffic safety and congestion;
                    (VII) evaluate the extent to which software, 
                technology, and infrastructure behind unmanned delivery 
                services are developed and manufactured in the United 
                States;
                    (VIII) identify the number and types of jobs that 
                may be lost or substantially changed due to the 
                development and adoption of unmanned delivery services;
                    (IX) identify the number and types of jobs that may 
                be created due to the development and adoption of 
                unmanned delivery services; and
                    (X) evaluate the effect of the adoption unmanned 
                delivery services on job quality for low, middle, and 
                high-skilled workers.

                (ii) Develop and conduct a survey of Federal activity 
            related to unmanned delivery services to--

                    (I) establish a list of Federal agencies asserting 
                jurisdiction over industry sectors identified under 
                clause (i)(II);
                    (II) develop a brief description of the 
                jurisdiction and expertise of the Federal agencies 
                regarding unmanned delivery services; and
                    (III) identify all interagency activities regarding 
                unmanned delivery services.

                (iii) Conduct a survey of the marketplace and supply 
            chain of unmanned delivery services to--

                    (I) assess the severity of risks posed to such 
                marketplace and supply chain;
                    (II) review the ability of foreign governments or 
                third parties to exploit such supply chain in a manner 
                that raises risks to the economic and national security 
                of the United States; and
                    (III) identify emerging risks and long-term trends 
                in such marketplace and supply chain.

            (C) Report to congress.--Not later than 6 months after the 
        completion of the study required pursuant to paragraph (1), the 
        Secretary, in coordination with the head of any other 
        appropriate Federal agency, shall submit to the Committee on 
        Energy and Commerce and the Committee on Science, Space, and 
        Technology of the House of Representatives, and the Committee 
        on Commerce, Science, and Transportation of the Senate, and 
        make publicly available on the website of the Department of 
        Commerce, a report that contains--
                (i) the results of the study conducted under paragraph 
            (1); and
                (ii) recommendations to--

                    (I) develop and implement a comprehensive plan to 
                promote the development and adoption of unmanned 
                delivery services in the United States;
                    (II) develop policies that States can adopt to 
                encourage the development and adoption of unmanned 
                delivery services;
                    (III) develop a national strategy to advance the 
                United States position in the world on the development 
                and adoption of unmanned delivery services, and 
                manufacture of technology behind unmanned delivery 
                services;
                    (IV) develop strategies to mitigate current and 
                emerging risks to the marketplace and supply chain of 
                unmanned delivery services; and
                    (V) develop legislation to accomplish such 
                recommendations.

    (h) Study to Advance Internet of Things.--
        (1) Study.--The Secretary of Commerce shall conduct a study on 
    the state of the internet-connected devices industry (commonly 
    known as the ``Internet of Things'') in the United States. In 
    conducting the study, the Secretary shall--
            (A) develop and conduct a survey of the internet-connected 
        devices industry through outreach to participating entities as 
        appropriate, including--
                (i) a list of the industry sectors that develop 
            internet-connected devices;
                (ii) a list of public-private partnerships focused on 
            promoting the adoption and use of internet-connected 
            devices, as well as industry-based bodies, including 
            international bodies, which have developed, or are 
            developing, mandatory or voluntary standards for internet-
            connected devices;
                (iii) the status of the industry-based mandatory or 
            voluntary standards identified in clause (ii); and
                (iv) a description of the ways entities or industry 
            sectors develop, use, or promote the use of internet-
            connected devices;
            (B) develop a comprehensive list of Federal agencies with 
        jurisdiction over the entities and industry sectors identified 
        under subparagraph (A);
            (C) identify which Federal agency or agencies listed under 
        subparagraph (B) each entity or industry sector interacts with;
            (D) identify all interagency activities that are taking 
        place among the Federal agencies listed under subparagraph (B), 
        such as working groups or other coordinated efforts;
            (E) develop a brief description of the jurisdiction and 
        expertise of the Federal agencies listed under subparagraph (B) 
        with regard to such entities and industry sectors;
            (F) identify all regulations, guidelines, mandatory 
        standards, voluntary standards, and other policies implemented 
        by each of the Federal agencies identified under subparagraph 
        (B), as well as all guidelines, mandatory standards, voluntary 
        standards, and other policies implemented by industry-based 
        bodies; and
            (G) identify Federal Government resources that exist for 
        consumers and small businesses to evaluate internet-connected 
        devices.
        (2) Report to congress.--Not later than 1 year after the date 
    of enactment of this Act, the Secretary shall submit to the 
    Committee on Energy and Commerce and the Committee on Science, 
    Space, and Technology of the House of Representatives, and the 
    Committee on Commerce, Science, and Transportation of the Senate, 
    and make publicly available on the website of the Department of 
    Commerce, a report that contains--
            (A) the results of the study conducted under paragraph (1); 
        and
            (B) recommendations of the Secretary for growth of the 
        United States economy through the secure advancement of 
        internet-connected devices.
        (3) Definitions.--In this subsection--
            (A) the term ``Federal agency'' means an agency, as defined 
        in section 551 of title 5, United States Code; and
            (B) the term ``internet-connected device'' means a physical 
        object that--
                (i) is capable of connecting to the internet, either 
            directly or indirectly through a network, to communicate 
            information at the direction of an individual; and
                (ii) has computer processing capabilities for 
            collecting, sending, receiving, or analyzing data.
    (i) Study to Advance Three-dimensional Printing.--
        (1) In general.--
            (A) Study required.--Not later than 1 year after the date 
        of enactment of this Act, the Secretary of Commerce, in 
        coordination with the head of any other appropriate Federal 
        agency, shall complete a study on the state of the three-
        dimensional printing industry and the impact of such industry 
        on the United States economy.
            (B) Requirements for study.--In conducting the study, the 
        Secretary shall--
                (i) develop and conduct a survey of the three-
            dimensional printing industry through outreach to 
            participating entities as appropriate to--

                    (I) establish a list of industry sectors that 
                implement and promote the use of three-dimensional 
                printing;
                    (II) establish a list of public-private 
                partnerships focused on promoting the adoption and use 
                of three-dimensional printing, as well as industry-
                based bodies, including international bodies, which 
                have developed, or are developing, mandatory or 
                voluntary standards for three-dimensional printing;
                    (III) the status of such industry-based mandatory 
                or voluntary standards; and
                    (IV) provide a description of the ways entities or 
                industry sectors implement and promote the use of 
                three-dimensional printing;

                (ii) develop a comprehensive list of Federal agencies 
            with jurisdiction over the entities and industry sectors 
            identified under clause (i);
                (iii) identify which Federal agency or agencies listed 
            under clause (ii) each entity or industry sector interacts 
            with;
                (iv) identify all interagency activities that are 
            taking place among the Federal agencies listed under clause 
            (ii), such as working groups or other coordinated efforts;
                (v) develop a brief description of the jurisdiction and 
            expertise of the Federal agencies listed under clause (ii) 
            with regard to such entities and industry sectors;
                (vi) identify all regulations, guidelines, mandatory 
            standards, voluntary standards, and other policies 
            implemented by each of the Federal agencies identified 
            under clause (ii), as well as all guidelines, mandatory 
            standards, voluntary standards, and other policies 
            implemented by industry-based bodies; and
                (vii) identify Federal Government resources that exist 
            for consumers and small businesses to evaluate the use of 
            three-dimensional printing.
        (2) Marketplace and supply chain survey.--The Secretary shall 
    conduct a survey of the marketplace and supply chain of three-
    dimensional printing to--
            (A) assess the severity of risks posed to such marketplace 
        and supply chain;
            (B) review the ability of foreign governments or third 
        parties to exploit the supply chain in a manner that raises 
        risks to the economic and national security of the United 
        States; and
            (C) identify emerging risks and long-term trends in such 
        marketplace and supply chain.
        (3) Report to congress.--Not later than 6 months after the 
    completion of the study required pursuant to paragraph (1), the 
    Secretary shall submit to the Committee on Energy and Commerce and 
    the Committee on Science, Space, and Technology of the House of 
    Representatives, and the Committee on Commerce, Science, and 
    Transportation of the Senate, and make publicly available on the 
    website of the Department of Commerce, a report that contains--
            (A) the results of the study conducted pursuant to 
        paragraph (1) and the survey conducted pursuant to paragraph 
        (2); and
            (B) recommendations to--
                (i) grow the United States economy through the secure 
            advancement of three-dimensional printing;
                (ii) develop a national strategy to advance the United 
            States business sectors' position in the world on the 
            adoption of three-dimensional printing;
                (iii) develop strategies to mitigate current and 
            emerging risks to the marketplace and supply chain of 
            three-dimensional printing; and
                (iv) develop legislation that may advance the 
            expeditious adoption of three-dimensional printing.
    (j) Study to Combat Online Harms Through Innovation.--
        (1) In general.--
            (A) Study required.--Not later than 1 year after the date 
        of enactment of this Act, the Federal Trade Commission shall 
        conduct and complete a study on how artificial intelligence may 
        be used to address the online harms described in subparagraph 
        (B).
            (B) Requirements for study.--In conducting the study, the 
        Commission shall consider whether and how artificial 
        intelligence may be used to identify, remove, or take any other 
        appropriate action necessary to address the following online 
        harms:
                (i) Deceptive and fraudulent content intended to scam 
            or otherwise harm individuals, including such practices 
            directed at senior citizens.
                (ii) Manipulated content intended to mislead 
            individuals, including deepfake videos and fake individual 
            reviews.
                (iii) Website or mobile application interfaces designed 
            to intentionally mislead or exploit individuals.
                (iv) Illegal content online, including the illegal sale 
            of opioids, child sexual exploitation and abuse, revenge 
            pornography, harassment, cyberstalking, hate crimes, the 
            glorification of violence or gore, and incitement of 
            violence.
                (v) Terrorist and violent extremists' abuse of digital 
            platforms, including the use of such platforms to promote 
            themselves, share propaganda, and glorify real-world acts 
            of violence.
                (vi) Disinformation campaigns coordinated by 
            inauthentic accounts or individuals to influence United 
            States elections.
                (vii) The sale of counterfeit products.
        (2) Report to congress.--Not later than 6 months after the 
    completion of the study required pursuant to paragraph (1), the 
    Commission shall submit to the Committee on Energy and Commerce and 
    the Committee on Science, Space, and Technology of the House of 
    Representatives, and the Committee on Commerce, Science, and 
    Transportation of the Senate, and make publicly available on its 
    website, a report that contains--
            (A) the results of the study conducted under paragraph (1);
            (B) recommendations on how artificial intelligence may be 
        used to address the online harms described in paragraph (1)(B);
            (C) recommendations on what reasonable policies, practices, 
        and procedures may be implemented to utilize artificial 
        intelligence to address such online harms; and
            (D) recommendations for any legislation that may advance 
        the adoption and use of artificial intelligence to address such 
        online harms.
    (k) Combination of Studies Authorized.--The Secretary of Commerce 
and the Federal Trade Commission, after notifying the Committee on 
Energy and Commerce of the House of Representatives and the Committee 
on Commerce, Science, and Transportation of the Senate, may combine any 
of the studies required pursuant to this Act.
    (l) Protection of National Security.--
        (1) Information exempt from public disclosure.--Nothing in this 
    Act shall be construed to require the disclosure of information, 
    records, or reports that are exempt from public disclosure under 
    section 552 of title 5, United States Code, or that may be withheld 
    under section 552a of title 5, United States Code.
        (2) Classified and certain other information.--Nothing in this 
    Act shall be construed to require the publication, on a website or 
    otherwise, of any report containing information that is classified, 
    or the public release of which could have a harmful effect on 
    national security.
        (3) Form of reports to congress.--In the case of each report 
    that is required by this Act to be submitted to a committee of 
    Congress, such report shall be submitted in unclassified form, but 
    may include a classified annex.
        (4) Submission of reports to congressional intelligence 
    committees.--In the case of each report that is required by this 
    Act to be submitted to a committee of Congress, such report shall 
    also be submitted to the Permanent Select Committee on Intelligence 
    of the House of Representatives and the Select Committee on 
    Intelligence of the Senate.
    (m) Appropriations Required.--This Act is subject to appropriations 
that may be available for the Department of Commerce or the Federal 
Trade Commission, as applicable.

   TITLE XVI--RECORDING OF CERTAIN OBLIGATIONS BY THE DEPARTMENT OF 
                            VETERANS AFFAIRS

SEC. 1601. RECORDING OF OBLIGATIONS.
    Hereafter, subject to the availability of appropriations, the 
Secretary of Veterans Affairs shall record as an obligation of the 
United States Government amounts owed for hospital care or medical 
services furnished at non-Department facilities under title 38, United 
States Code, or Acts making appropriations for the Department of 
Veterans Affairs, on the date on which the Secretary approves: (i) a 
claim by a health care provider for payment or (ii) a voucher, invoice, 
or request for payment from a vendor for services rendered under a 
contract:  Provided, That for any fiscal year in which an appropriation 
for the payment of hospital care or medical services furnished at non-
Department facilities has been exhausted or has yet to be enacted, this 
title shall not provide the Secretary of Veterans Affairs with the 
authority to issue any new authorizations or orders for such care or 
such services in advance of such appropriation:  Provided further, That 
this title shall take effect as if enacted on October 1, 2018:  
Provided further, That not later than 30 days after the date of 
enactment of this Act, the Department of Veterans Affairs, in 
consultation with the Office of Management and Budget, shall submit a 
report to the President and the Congress, similar to the report 
required pursuant to 31 U.S.C. 1351, detailing how, in the absence of 
the enactment of this title, the expenditures or obligations would have 
exceeded the amount available in fiscal year 2019 and fiscal year 2020 
in the Medical Community Care appropriation:  Provided further, That 
the report required in the preceding proviso shall also include an 
explanation as to how the Department plans to avoid incurring 
obligations for the Medical Community Care appropriation in excess of 
its available budgetary resources in fiscal year 2021 and future fiscal 
years pursuant to the recording of obligations required by this title.

                  TITLE XVII--SUDAN CLAIMS RESOLUTION

SEC. 1701. SHORT TITLE.
    This title may be cited as the ``Sudan Claims Resolution Act''.
SEC. 1702. SENSE OF CONGRESS.
    It is the sense of Congress that--
        (1) the United States should support Sudan's democratic 
    transition, particularly in light of the country's dire economic 
    situation, and this is a critical moment to address longstanding 
    issues in the relationship between the United States and Sudan;
        (2) as part of the process of restoring normal relations 
    between Sudan and the United States, Congress supports efforts to 
    provide meaningful compensation to individuals employed by or 
    serving as contractors for the United States Government, as well as 
    their family members, who personally have been awarded by a United 
    States District Court a judgment for compensatory damages against 
    Sudan; and
        (3) the terrorism-related claims of victims and family members 
    of the September 11, 2001, terrorist attacks must be preserved and 
    protected.
SEC. 1703. DEFINITIONS.
    In this Act:
        (1) Appropriate congressional committees.--The term 
    ``appropriate congressional committees'' means--
            (A) the Committee on Foreign Relations and the Committee on 
        the Judiciary of the Senate; and
            (B) the Committee on Foreign Affairs and the Committee on 
        the Judiciary of the House of Representatives.
        (2) Claims agreement.--The term ``claims agreement'' means the 
    Claims Settlement Agreement Between the Government of the United 
    States of America and the Government of the Republic of the Sudan, 
    done at Washington, D.C., on October 30, 2020, including all 
    annexes, appendices, side letters, related agreements, and 
    instruments for implementation, including the escrow agreement 
    among the Central Bank of Sudan, the Federal Reserve Bank of New 
    York, and the escrow agent appointed thereby, as well as the escrow 
    conditions release agreement, set out in an exchange of diplomatic 
    notes between the United States and Sudan on October 21, 2020, and 
    subsequently amended on December 19, 2020.
        (3) Foreign national.--The term ``foreign national'' means an 
    individual who is not a citizen of the United States.
        (4) Secretary.--The term ``Secretary'' means the Secretary of 
    State.
        (5) State sponsor of terrorism.--The term ``state sponsor of 
    terrorism'' means a country the government of which the Secretary 
    has determined is a government that has repeatedly provided support 
    for acts of international terrorism, for purposes of--
            (A) section 1754(c)(1)(A)(i) of the Export Control Reform 
        Act of 2018 (50 U.S.C. 4813(c)(1)(A)(i));
            (B) section 620A of the Foreign Assistance Act of 1961 (22 
        U.S.C. 2371);
            (C) section 40(d) of the Arms Export Control Act (22 U.S.C. 
        2780(d)); or
            (D) any other provision of law.
        (6) Sudan.--The term ``Sudan'' means the Government of the 
    Republic of the Sudan.
SEC. 1704. RECEIPT OF ADEQUATE FUNDS; IMMUNITIES OF SUDAN.
    (a) Immunity.--
        (1) In general.--Subject to section 1706, and notwithstanding 
    any other provision of law, upon submission of a certification 
    described in paragraph (2)--
            (A) Sudan, an agency or instrumentality of Sudan, and the 
        property of Sudan or an agency or instrumentality of Sudan, 
        shall not be subject to the exceptions to immunity from 
        jurisdiction, liens, attachment, and execution under section 
        1605(a)(7) (as such section was in effect on January 27, 2008) 
        or section 1605A or 1610 (insofar as section 1610 relates to a 
        judgment under such section 1605(a)(7) or 1605A) of title 28, 
        United States Code;
            (B) section 1605A(c) of title 28, United States Code, 
        section 1083(c) of the National Defense Authorization Act for 
        Fiscal Year 2008 (Public Law 110-181; 28 U.S.C. 1605A note), 
        section 589 of the Foreign Operations, Export Financing, and 
        Related Programs Appropriations Act, 1997 (Public Law 104-208; 
        28 U.S.C. 1605 note), and any other private right of action 
        relating to acts by a state sponsor of terrorism arising under 
        Federal, State, or foreign law shall not apply with respect to 
        claims against Sudan, or any of its agencies, 
        instrumentalities, officials, employees, or agents in any 
        action in a Federal or State court; and
            (C) any attachment, decree, lien, execution, garnishment, 
        or other judicial process brought against property of Sudan, or 
        property of any agency, instrumentality, official, employee, or 
        agent of Sudan, in connection with an action that is precluded 
        by subparagraph (A) or (B) shall be void.
        (2) Certification.--A certification described in this paragraph 
    is a certification by the Secretary to the appropriate 
    congressional committees stating that--
            (A) the August 12, 1993, designation of Sudan as a state 
        sponsor of terrorism has been formally rescinded;
            (B) Sudan has made final payments with respect to the 
        private settlement of the claims of victims of the U.S.S. Cole 
        attack; and
            (C) the United States Government has received funds 
        pursuant to the claims agreement that are sufficient to 
        ensure--
                (i) payment of the agreed private settlement amount for 
            the death of a citizen of the United States who was an 
            employee of the United States Agency for International 
            Development in Sudan on January 1, 2008;
                (ii) meaningful compensation for claims of citizens of 
            the United States (other than individuals described in 
            section 1707(a)(1)) for wrongful death or physical injury 
            in cases arising out of the August 7, 1998, bombings of the 
            United States embassies located in Nairobi, Kenya, and Dar 
            es Salaam, Tanzania; and
                (iii) funds for compensation through a fair process to 
            address compensation for terrorism-related claims of 
            foreign nationals for wrongful death or physical injury 
            arising out of the events referred to in clause (ii).
    (b) Scope.--Subject to section 1706, subsection (a) of this section 
shall apply to all conduct and any event occurring before the date of 
the certification described in subsection (a)(2), regardless of 
whether, or the extent to which, application of that subsection affects 
any action filed before, on, or after that date.
    (c) Authority of the Secretary.--The certification by the Secretary 
referred to in subsection (a)(2) may not be delegated and may not be 
subject to judicial review.
SEC. 1705. REAUTHORIZATION OF AND MODIFICATIONS TO UNITED STATES 
VICTIMS OF STATE SPONSORED TERRORISM FUND.
    (a) In General.--The Justice for United States Victims of State 
Sponsored Terrorism Act (34 U.S.C. 20144) is amended--
        (1) in subsection (c)(2)(A)(i), by striking ``state sponsor of 
    terrorism'' and inserting ``foreign state that was designated as a 
    state sponsor of terrorism at the time the acts described in clause 
    (ii) occurred or was so designated as a result of such acts'';
        (2) in subsection (e)(6), by striking ``January 2, 2030'' each 
    place it appears and inserting ``January 2, 2039''; and
        (3) in subsection (j)(6), in the first sentence, by inserting 
    after ``final judgment'' the following: ``, except that the term 
    does not include payments received in connection with an 
    international claims agreement to which the United States is a 
    state party or any other settlement of terrorism-related claims 
    against Sudan''.
    (b) Lump Sum Catch-up Payments for 9/11 Victims, 9/11 Spouses, and 
9/11 Dependents.--Subsection (d)(4) of the Justice for United States 
Victims of State Sponsored Terrorism Act (34 U.S.C. 20144) is amended--
        (1) in subparagraph (A), by striking ``subparagraph (B)'' and 
    inserting ``subparagraphs (B) and (C)''; and
        (2) by adding at the end the following:
            ``(C) Lump sum catch-up payments for 9/11 victims, 9/11 
        spouses, and 9/11 dependents.--
                ``(i) In general.--Not later than 90 days after the 
            date of enactment of this subparagraph, and in accordance 
            with clauses (i) and (ii) of subsection (d)(3)(A), the 
            Comptroller General of the United States shall conduct an 
            audit and publish in the Federal Register a notice of 
            proposed lump sum catch-up payments to 9/11 victims, 9/11 
            spouses, and 9/11 dependents who have submitted 
            applications in accordance with subparagraph (B) in amounts 
            that, after receiving the lump sum catch-up payments, would 
            result in the percentage of the claims of 9/11 victims, 9/
            11 spouses, and 9/11 dependents received from the Fund 
            being equal to the percentage of the claims of 9/11 family 
            members received from the Fund, as of the date of enactment 
            of this subparagraph.
                ``(ii) Public comment.--The Comptroller General shall 
            provide an opportunity for public comment for a 30-day 
            period beginning on the date on which the notice is 
            published under clause (i).
                ``(iii) Report.--Not later than 30 days after the 
            expiration comment period in clause (ii), the Comptroller 
            General of the United States shall submit to the Committee 
            on the Judiciary and the Committee on Appropriations of the 
            Senate, the Committee on the Judiciary and the Committee on 
            Appropriations of the House of Representatives, and the 
            Special Master a report that includes the determination of 
            the Comptroller General on--

                    ``(I) the amount of the lump sum catch-up payment 
                for each 9/11 victim;
                    ``(II) the amount of the lump sum catch-up payment 
                for each 9/11 spouse;
                    ``(III) the amount of the lump sum catch-up payment 
                for each 9/11 dependent; and
                    ``(IV) the total amount of lump sum catch-up 
                payments described in subclauses (I) through (III).''.

SEC. 1706. PRESERVATION OF CERTAIN PENDING INTERNATIONAL TERRORISM 
CLAIMS AGAINST SUDAN.
    (a) Findings.--Congress makes the following findings:
        (1) It is the long-standing policy of the United States that 
    civil lawsuits against those who support, aid and abet, and provide 
    material support for international terrorism serve the national 
    security interests of the United States by deterring the 
    sponsorship of terrorism and by advancing interests of justice, 
    transparency, and accountability.
        (2) Neither the claims agreement, nor any other aspect of the 
    effort to normalize relations with Sudan--
            (A) resolved claims against Sudan involving victims and 
        family members of the September 11, 2001, terrorist attacks; or
            (B) otherwise advanced the interests of the victims and 
        family members of the September 11, 2001, terrorist attacks.
        (3) The claims referenced in paragraph (2)(A) remain pending in 
    the multidistrict proceeding 03-MDL-1570 in the United States 
    District Court for the Southern District of New York, and 
    subsection (c) preserves and protects those claims.
    (b) Sense of Congress.--It is the sense of Congress that the 
executive branch should not file a Statement of Interest or any other 
submission, or intervene in any other way, in the multidistrict 
proceeding 03-MDL-1570, in connection to the rescission of the 
designation of Sudan as a state sponsor of terrorism or the restoration 
of Sudan's immunities from jurisdiction and execution in conformity 
with this Act, if such action would disadvantage terrorism victims.
    (c) In General.--Nothing in this Act shall apply to, be construed 
to apply to, or otherwise affect--
        (1) any claim in any of the proceedings comprising the 
    multidistrict proceeding 03-MDL-1570 in the United States District 
    Court for the Southern District of New York brought by any person 
    who, as of the date of the enactment of this Act, has a claim 
    pending against Sudan (including as a member of a class certified 
    under Rule 23 of the Federal Rules of Civil Procedure or as a 
    putative member of such a class pending certification); or
        (2) the enforcement of any judgment in favor of such person 
    entered in such proceeding.
    (d) Applicable Law.--Proceedings described in subsection (c) shall 
be governed by applicable law in effect before the date of the 
enactment of this Act, including--
        (1) chapter 97 of title 28, United States Code (commonly known 
    as the ``Foreign Sovereign Immunities Act of 1976''), including 28 
    U.S.C. 1605A note;
        (2) section 201 of the Terrorism Risk Insurance Act of 2002 
    (Public Law 107-297; 28 U.S.C. 1610 note), with respect to any 
    asset that, on or after the date of enactment of this Act, is 
    designated as a blocked asset (as defined in subsection (d)(2) of 
    that section);
        (3) rules governing the rights of parties to amend pleadings; 
    and
        (4) other relevant provisions of law.
    (e) Rule of Construction.--Nothing in this section shall alter, 
impact the interpretation of, or otherwise affect--
        (1) any section of chapter 97 of title 28, United States Code; 
    or
        (2) any other provision of law.
SEC. 1707. COMPENSATION FOR CERTAIN NATURALIZED UNITED STATES CITIZENS 
AND FOREIGN NATIONALS.
    (a) Compensation.--
        (1) In general.--There is authorized to be appropriated 
    $150,000,000 for payment of compensation, notwithstanding any other 
    provision of law, to any individual who--
            (A) has been awarded a judgment in any of the cases set 
        forth in section (c) of the Annex to the claims agreement; and
            (B) is--
                (i) a United States employee or contractor injured in 
            connection with the bombings of the United States embassies 
            located in Nairobi, Kenya, and Dar es Salaam, Tanzania, who 
            became a United States citizen after August 7, 1998, and 
            before the date of the enactment of this Act;
                (ii) a family member--

                    (I) of a United States employee or contractor 
                injured in connection with the bombings of the United 
                States embassies located in Nairobi, Kenya, and Dar es 
                Salaam, Tanzania; and
                    (II) who is a United States citizen as of the date 
                of the enactment of this Act; or

                (iii) a family member--

                    (I) of a foreign national United States employee or 
                contractor killed during those bombings; and
                    (II) who is a United States citizen as of the date 
                of the enactment of this Act.

        (2) Payments.--With the requirement of achieving parity in 
    compensation between individuals who became United States citizens 
    after August 7, 1998, and individuals who were United States 
    citizens on or before August 7, 1998, payment of compensation under 
    paragraph (1) to--
            (A) an individual described in paragraph (1)(B)(i) shall be 
        based on the same standards used to determine the compensation 
        for an employee or contractor injured in connection with the 
        bombings described in that paragraph who was a United States 
        citizen on or before August 7, 1998;
            (B) an individual described in paragraph (1)(B)(ii) shall 
        be on an equal basis to compensation provided to a family 
        member of an individual described in subparagraph (A); and
            (C) an individual described in paragraph (1)(B)(iii) shall 
        be on an equal, or, where applicable, a pro rata basis to 
        compensation provided to a family member of a United States 
        employee or contractor who was a United States citizen killed 
        during such bombings.
    (b) Distribution and Requirements.--
        (1) Distribution.--The Secretary shall distribute payments from 
    funds made available to carry out subsection (a)(1) to individuals 
    described in that subsection.
        (2) Authorization letter.--Not later than December 31, 2021, 
    the Secretary shall send a letter to each individual who will 
    receive payment under paragraph (1) informing the individual of the 
    amount of compensation the individual will receive pending the 
    execution of any writings under paragraph (3), and the standards 
    used to determine compensation under subsection (a)(2), taking into 
    account the individual's final judgment amount.
        (3) Requirement before distribution.--Before making a payment 
    to an individual under paragraph (1), and after the delivery of the 
    authorization letter under paragraph (2), the Secretary shall 
    require the individual to execute a writing that includes a waiver 
    and release of all the individual's rights to assert claims for 
    compensatory or other relief in any form or to enforce any judgment 
    against Sudan in connection with, and any claims against the United 
    States related to, any claim, suit, or action specified in Article 
    II of the claims agreement.
    (c) Foreign Nationals.--Notwithstanding any other provision of law 
or the claims agreement--
        (1) individuals described in subsection (a)(1) are not eligible 
    to receive any compensation as provided by Sudan pursuant to 
    Article III of the claims agreement; and
        (2) the funds provided by Sudan for distribution of 
    compensation to such individuals pursuant to the Annex of the 
    claims agreement shall be redistributed--
            (A) among all other individuals eligible for compensation 
        under section (c) of the Annex to the claims agreement 
        consistent with the principles set out in that Annex; or
            (B) if Sudan and the foreign nationals eligible for 
        compensation reach a private settlement, then pursuant to the 
        terms of that settlement.
    (d) Department of State Reporting Requirements.--
        (1) Initial report.--Not later than 90 days after the date of 
    the enactment of this Act, the Secretary shall submit to the 
    appropriate congressional committees a report that includes a 
    detailed description of the plan of the Department of State for the 
    distribution of payments to each category of individual described 
    in subsection (a)(1), including how the Department is arriving at 
    compensation levels for each individual and the amount of 
    compensation each such individual will receive from funds made 
    available to carry out that subsection.
        (2) Updated report.--Not later than December 31, 2021, the 
    Secretary shall submit to the appropriate congressional committees 
    a report describing--
            (A) whether the distribution plan described in paragraph 
        (1) was carried out; and
            (B) whether compensation levels were provided as described 
        in the report required by paragraph (1).
    (e) Comptroller General Report.--Not later than December 31, 2022, 
the Comptroller General of the United States shall submit to the 
appropriate congressional committees a report assessing the 
implementation of this section by the Department of State, including 
whether--
        (1) all distributions were made in accordance with the 
    requirements of subsections (a), (b), and (c); and
        (2) all individuals described in subsection (a)(1) received 
    compensation from amounts made available to carry out that 
    subsection in the manner described in subsection (a)(2).
SEC. 1708. TREATY AND EXECUTIVE AGREEMENT PRACTICE.
    (a) Findings.--Congress makes the following findings:
        (1) Congress and the executive branch share responsibility for 
    the foreign relations of the United States pursuant to Article I 
    and Article II of the Constitution of the United States.
        (2) All legislative powers of the Federal Government, including 
    on matters of foreign relations, are vested in the Congress of the 
    United States pursuant to section 1 of Article I of the 
    Constitution.
        (3) The executive branch may not direct Congress to take any 
    action, nor may it convey any legislative or other power assigned 
    to Congress under the Constitution to any entity, domestic or 
    foreign.
        (4) The original escrow release conditions agreement prescribed 
    specific legislative text and purported both to require enactment 
    of such text and provide a veto to Sudan over exceptions to that 
    text.
        (5) Congress rejected the approach described in paragraph (4).
        (6) The executive branch and Sudan subsequently amended the 
    escrow release conditions agreement to eliminate the specific 
    legislative text as well as the purported requirement for enactment 
    and the purported veto over exceptions to that text.
    (b) Amendment to Case-Zablocki Act.--Section 112b of title 1, 
United States Code, is amended by adding at the end the following:
    ``(g) It is the sense of Congress that the executive branch should 
not prescribe or otherwise commit to or include specific legislative 
text in a treaty or executive agreement unless Congress has authorized 
such action.''.

TITLE XVIII--THEODORE ROOSEVELT PRESIDENTIAL LIBRARY CONVEYANCE ACT OF 
                                  2020

SEC. 1801. SHORT TITLE.
    This title may be cited as the ``Theodore Roosevelt Presidential 
Library Conveyance Act of 2020''.
SEC. 1802. DEFINITIONS.
    In this Act:
        (1) Map.--The term ``map'' means the map entitled ``Project 
    Number P08122-2016-009'', depicting a 93 acre site in sections 21 
    and 28, T. 140 N., R. 102 W., Billings County, North Dakota, and 
    dated December 8, 2020.
        (2) Presidential library.--The term ``Presidential Library'' 
    means the Theodore Roosevelt Presidential Library Foundation, a 
    North Dakota nonprofit corporation.
        (3) Secretary.--The term ``Secretary'' means the Secretary of 
    Agriculture, acting through the Chief of the Forest Service.
SEC. 1803. CONVEYANCE OF CERTAIN NATIONAL FOREST SYSTEM LAND TO THE 
PRESIDENTIAL LIBRARY.
    (a) Conveyance.--Subject to this section, if the Presidential 
Library submits to the Secretary not later than 1 year after the date 
of enactment of this Act a written request for the conveyance of the 
approximately 93 acres of National Forest System land, as generally 
depicted on the map, the Secretary shall, on the earliest date 
practicable, convey to the Presidential Library by quitclaim deed all 
right, title, and interest of the United States in and to that land.
    (b) Consideration.--As consideration for the conveyance of land 
under subsection (a), the Presidential Library shall pay to the 
Secretary an amount equal to the market value of the land, as 
determined by the appraisal conducted under subsection (d).
    (c) Terms and Conditions.--The conveyance under subsection (a) 
shall be subject to--
        (1) valid existing rights;
        (2) the reservation of easements, as depicted on the map, for 
    public use on--
            (A) the Maah Dah Hey National Trail; and
            (B) Forest Service Road #7471 and the unnumbered Forest 
        Service road; and
        (3) any other terms and conditions that the Secretary considers 
    appropriate to protect the interests of the United States.
    (d) Appraisal.--The Secretary shall conduct an appraisal of the 
land to be conveyed under subsection (a) in accordance with--
        (1) the Uniform Appraisal Standards for Federal Land 
    Acquisitions;
        (2) the Uniform Standards of Professional Appraisal Practice; 
    and
        (3) any other applicable law (including regulations).
    (e) Costs of Conveyance.--As a condition for the conveyance under 
subsection (a), and in addition to the consideration paid under 
subsection (b), the Presidential Library shall pay all costs associated 
with the conveyance, including--
        (1) the survey to Federal standards described in subsection 
    (f); and
        (2) the appraisal conducted under subsection (d).
    (f) Survey.--The exact acreage and legal description of the land to 
be conveyed under subsection (a) shall be determined by a survey 
satisfactory to the Secretary.
    (g) Deposit and Use of Proceeds.--All funds received under 
subsection (b) shall be--
        (1) deposited in the fund established by Public Law 90-171 
    (commonly known as the Sisk Act) (16 U.S.C. 484a); and
        (2) available to the Secretary, until expended, for the 
    acquisition of land or interests in land for inclusion in the 
    National Forest System in the State of North Dakota.

        TITLE XIX--UNITED STATES-MEXICO ECONOMIC PARTNERSHIP ACT

SEC. 1901. SHORT TITLE.
    This title may be cited as the ``United States-Mexico Economic 
Partnership Act''.
SEC. 1902. FINDINGS.
    Congress finds the following:
        (1) The United States and Mexico have benefitted from a 
    bilateral, mutually beneficial partnership focused on advancing the 
    economic interests of both countries.
        (2) In 2013, Mexico adopted major energy reforms that opened 
    its energy sector to private investment, increasing energy 
    cooperation between Mexico and the United States and opening new 
    opportunities for United States energy engagement.
        (3) On January 18, 2018, the Principal Deputy Assistant 
    Secretary for Educational and Cultural Affairs at the Department of 
    State stated, ``Our exchange programs build enduring relationships 
    and networks to advance U.S. national interests and foreign policy 
    goals . . . The role of our exchanges . . . in advancing U.S. 
    national security and economic interests enjoys broad bipartisan 
    support from Congress and other stakeholders, and provides a strong 
    return on investment.''.
        (4) According to the Institute of International Education, in 
    the 2015-2016 academic year, more than 56,000 United States 
    students studied in other countries in the Western Hemisphere 
    region while more than 84,000 non-United States students from the 
    region studied in the United States, but only 5,000 of those United 
    States students studied in Mexico and only 16,000 of those non-
    United States students were from Mexico.
SEC. 1903. STATEMENT OF POLICY.
    It is the policy of the United States--
        (1) to continue deepening economic cooperation between the 
    United States and Mexico;
        (2) to seek to prioritize and expand educational and 
    professional exchange programs with Mexico, including through 
    frameworks such as the 100,000 Strong in the Americas Initiative, 
    the Young Leaders of the Americas Initiative, Jovenes en Accion 
    (Youth in Action), the Fulbright Foreign Student Program, and the 
    Fulbright Visiting Scholar Program; and
        (3) to promote positive cross-border relations as a priority 
    for advancing United States foreign policy and programs.
SEC. 1904. STRATEGY TO PRIORITIZE AND EXPAND EDUCATIONAL AND 
PROFESSIONAL EXCHANGE PROGRAMS WITH MEXICO.
    (a) In General.--The Secretary of State shall develop a strategy to 
carry out the policy described in section 1903, to include prioritizing 
and expanding educational and professional exchange programs with 
Mexico through frameworks such as those referred to in section 1903(2).
    (b) Elements.--The strategy required under subsection (a) shall--
        (1) encourage more academic exchanges between the United States 
    and Mexico at the secondary, post-secondary, and post-graduate 
    levels;
        (2) encourage United States and Mexican academic institutions 
    and businesses to collaborate to assist prospective and developing 
    entrepreneurs in strengthening their business skills and promoting 
    cooperation and joint business initiatives across the United States 
    and Mexico;
        (3) promote energy infrastructure coordination and cooperation 
    through support of vocational-level education, internships, and 
    exchanges between the United States and Mexico; and
        (4) assess the feasibility of fostering partnerships between 
    universities in the United States and medical school and nursing 
    programs in Mexico to ensure that medical school and nursing 
    programs in Mexico have comparable accreditation standards as 
    medical school and nursing programs in the United States by the 
    Accreditation and Standards in Foreign Medical Education, in 
    addition to the Accreditation Commission For Education in Nursing, 
    so that medical students can pass medical licensing board exams, 
    and nursing students can pass nursing licensing exams, in the 
    United States.
    (c) Briefing.--Not later than 180 days after the date of the 
enactment of this Act, the Secretary of State shall brief the 
appropriate congressional committees regarding the strategy required 
under subsection (a).
SEC. 1905. DEFINITIONS.
    In this Act, the term ``appropriate congressional committees'' 
means--
        (1) the Committee on Foreign Relations of the Senate; and
        (2) the Committee on Foreign Affairs of the House of 
    Representatives.
SEC. 1906. SUNSET PROVISION.
    This Act shall remain in effect until December 31, 2023.

                      TITLE XX--PORT SURVEILLANCE

SEC. 2001. PORT SURVEILLANCE.
    (a) CPSC Surveillance Personnel During the COVID-19 Pandemic.--For 
the duration of a public health emergency declared pursuant to section 
319 of the Public Health Service Act (42 U.S.C. 247d) as a result of 
confirmed cases of 2019 novel coronavirus (COVID-19), including any 
renewal thereof, the Commission shall ensure, to the maximum extent 
feasible, that investigators are stationed at ports of entry to protect 
the public against unreasonable risk of injury from consumer products, 
with the goal of covering no fewer than 90 percent of all consumer 
products entering the United States that are risk-scored in the Risk 
Assessment Methodology system. The Commission shall consult with United 
States Customs and Border Protection, and other relevant agencies, 
including health and safety agencies, on methods to safely staff ports 
during the pandemic.
    (b) Additional CPSC Surveillance Personnel at Key Ports of Entry.--
The Commission shall hire, train, and assign not fewer than 16 
additional full-time equivalent personnel to be stationed at or 
supporting efforts at ports of entry, including ports of entry for de 
minimis shipments, for the purpose of identifying, assessing, and 
addressing shipments of violative consumer products. Such hiring shall 
continue during each fiscal year until the total number of full-time 
equivalent personnel equals and sustains the staffing requirements 
identified in the report to Congress required under subsection 
(c)(2)(F).
    (c) Report to Congress.--
        (1) In general.--Not later than 180 days after the date of 
    enactment of this section, the Commission shall transmit to 
    Congress, and make publicly available, a study and report assessing 
    the risk to consumers associated with the reduction in Commission 
    port inspection activity during the COVID-19 pandemic and the 
    targeting and screening of de minimis shipments.
        (2) Report requirements.--In the study and report, the 
    Commission shall--
            (A) identify--
                (i) the risks associated with the reduction in 
            Commission port inspection activity during the COVID-19 
            pandemic;
                (ii) the extent to which the reduction in port 
            inspection activity is linked to inadequate Commission 
            resources or due to shortages of trained Commission staff 
            due to the COVID-19 pandemic; and
                (iii) the steps the Commission has taken and plans to 
            take to mitigate those risks, such as recalls, inspections 
            of product inventory, consumer warnings, and other 
            appropriate measures;
            (B) examine a sampling of de minimis shipments at a 
        sufficient and representative sample of all types of ports of 
        entry where de minimis shipments are processed, including 
        express consignment carrier facilities, international mail 
        facilities, and air cargo facilities to assess the extent to 
        which such shipments include violative consumer products;
            (C) examine a sampling of shipments coming from countries 
        identified as high-risk for exporting violative consumer 
        products to identify trends associated with the shipment of 
        products containing both intellectual property rights 
        infringements and consumer product safety violations;
            (D) detail plans and timelines to effectively address 
        targeting and screening of de minimis shipments to prevent the 
        entry of violative consumer products entering into the commerce 
        of the United States taking into consideration projected growth 
        in e-commerce;
            (E) establish metrics by which to evaluate the 
        effectiveness of the Commission efforts to reduce the number of 
        de minimis shipments containing violative consumer products 
        from entering into the commerce of the United States; and
            (F) assess projected technology and resources, including 
        staffing requirements necessary to implement such plans based 
        on available and needed Commission resources.
    (d) Definitions.--In this section--
        (1) the term ``Commission'' means the Consumer Product Safety 
    Commission;
        (2) the term ``de minimis shipments'' means articles containing 
    consumer products entering the United States under the de minimis 
    value exemption in 19 U.S.C. 1321(a)(2)(C);
        (3) the term ``ports of entry for de minimis shipments'' means 
    environments where de minimis shipments are processed, including 
    express consignment carrier facilities, international mail 
    facilities, and air cargo facilities; and
        (4) the term ``violative consumer products'' means consumer 
    products in violation of an applicable consumer product safety rule 
    under the Consumer Product Safety Act or any similar rule, 
    regulation, standard, or ban under any other Act enforced by the 
    Commission.
    (e) Savings Clause.--Nothing in this section shall be construed to 
limit, affect, or conflict with any other authority of the Commission 
or any other statutory requirements governing the Commission.

  TITLE XXI--COVID-19 REGULATORY RELIEF AND WORK FROM HOME SAFETY ACT

SEC. 2101. COVID-19 REGULATORY RELIEF AND WORK FROM HOME SAFETY ACT.
    (a) Short Title.--This title may be cited as the ``COVID-19 
Regulatory Relief and Work From Home Safety Act''.
    (b) Definitions.--In this Act--
        (1) the term ``bedding product'' means--
            (A) an item that is used for sleeping or sleep-related 
        purposes; or
            (B) any component or accessory with respect to an item 
        described in subparagraph (A), without regard to whether the 
        component or accessory, as applicable, is used--
                (i) alone; or
                (ii) along with, or contained within, that item;
        (2) the term ``California standard'' means the standard set 
    forth by the Bureau of Electronic and Appliance Repair, Home 
    Furnishings and Thermal Insulation of the Department of Consumer 
    Affairs of the State of California in Technical Bulletin 117-2013, 
    entitled ``Requirements, Test Procedure and Apparatus for Testing 
    the Smolder Resistance of Materials Used in Upholstered 
    Furniture'', originally published June 2013, as in effect on the 
    date of enactment of this Act;
        (3) the terms ``foundation'' and ``mattress'' have the meanings 
    given those terms in section 1633.2 of title 16, Code of Federal 
    Regulations, as in effect on the date of enactment of this Act; and
        (4) the term ``upholstered furniture''--
            (A) means an article of seating furniture that--
                (i) is intended for indoor use;
                (ii) is movable or stationary;
                (iii) is constructed with an upholstered seat, back, or 
            arm;
                (iv) is--

                    (I) made or sold with a cushion or pillow, without 
                regard to whether that cushion or pillow, as 
                applicable, is attached or detached with respect to the 
                article of furniture; or
                    (II) stuffed or filled, or able to be stuffed or 
                filled, in whole or in part, with any material, 
                including a substance or material that is hidden or 
                concealed by fabric or another covering, including a 
                cushion or pillow belonging to, or forming a part of, 
                the article of furniture; and

                (v) together with the structural units of the article 
            of furniture, any filling material, and the container and 
            covering with respect to those structural units and that 
            filling material, can be used as a support for the body of 
            an individual, or the limbs and feet of an individual, when 
            the individual sits in an upright or reclining position;
            (B) includes an article of furniture that is intended for 
        use by a child; and
            (C) does not include--
                (i) a mattress;
                (ii) a foundation;
                (iii) any bedding product; or
                (iv) furniture that is used exclusively for the purpose 
            of physical fitness and exercise.
    (c) Adoption of Standard.--
        (1) In general.--Beginning on the date that is 180 days after 
    the date of enactment of this Act, and except as provided in 
    paragraph (2), the California standard shall be considered to be a 
    flammability standard promulgated by the Consumer Product Safety 
    Commission under section 4 of the Flammable Fabrics Act (15 U.S.C. 
    1193).
        (2) Testing and certification.--A fabric, related material, or 
    product to which the California standard applies as a result of 
    paragraph (1) shall not be subject to section 14(a) of the Consumer 
    Product Safety Act (15 U.S.C. 2063(a)) with respect to that 
    standard.
        (3) Certification label.--Each manufacturer of a product that 
    is subject to the California standard as a result of paragraph (1) 
    shall include the statement ``Complies with U.S. CPSC requirements 
    for upholstered furniture flammability'' on a permanent label 
    located on the product, which shall be considered to be a 
    certification that the product complies with that standard.
    (d) Preemption.--
        (1) In general.--Notwithstanding section 16 of the Flammable 
    Fabrics Act (15 U.S.C. 1203) and section 231 of the Consumer 
    Product Safety Improvement Act of 2008 (15 U.S.C. 2051 note), and 
    except as provided in subparagraphs (B) and (C) of paragraph (2), 
    no State or any political subdivision of a State may establish or 
    continue in effect any provision of a flammability law, regulation, 
    code, standard, or requirement that is designed to protect against 
    the risk of occurrence of fire, or to slow or prevent the spread of 
    fire, with respect to upholstered furniture.
        (2) Preservation of certain state law.--Nothing in this Act or 
    the Flammable Fabrics Act (15 U.S.C. 1191 et seq.) may be construed 
    to preempt or otherwise affect--
            (A) any State or local law, regulation, code, standard, or 
        requirement that--
                (i) concerns health risks associated with upholstered 
            furniture; and
                (ii) is not designed to protect against the risk of 
            occurrence of fire, or to slow or prevent the spread of 
            fire, with respect to upholstered furniture;
            (B) sections 1374 through 1374.3 of title 4, California 
        Code of Regulations (except for subsections (b) and (c) of 
        section 1374 of that title), as in effect on the date of 
        enactment of this Act; or
            (C) the California standard.

                               Speaker of the House of Representatives.

                            Vice President of the United States and    
                                               President of the Senate.