[Congressional Record Volume 166, Number 135 (Thursday, July 30, 2020)]
[House]
[Pages H3994-H4174]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
DEPARTMENT OF DEFENSE APPROPRIATIONS ACT, 2021
Mrs. LOWEY. Mr. Speaker, pursuant to House Resolution 1067, I call up
the bill (H.R. 7617) making appropriations for the Department of
Defense for the fiscal year ending September 30, 2021, and for other
purposes, and ask for its immediate consideration in the House.
The Clerk read the title of the bill.
The SPEAKER pro tempore. Pursuant to House Resolution 1067, an
amendment in the nature of a substitute consisting of the text of Rules
Committee Print 116-60, modified by the amendment printed in part A of
House Report 116-461, is adopted and the bill, as amended, is
considered read.
The text of the bill, as amended, is as follows:
H.R. 7617
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 ``Defense, Commerce, Justice,
Science, Energy and Water Development, Financial Services and
General Government, Labor, Health and Human Services,
Education, Transportation, Housing, and Urban Development
Appropriations Act, 2021''.
SEC. 2. REFERENCES TO ACT.
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. 3. REFERENCES TO REPORT.
(a) Any reference to a ``report accompanying this Act''
contained in division A of this Act shall be treated as a
reference to House Report 116-453. The effect of such Report
shall be limited to division A and shall apply for purposes
of determining the allocation of funds provided by, and the
implementation of, division A.
(b) Any reference to a ``report accompanying this Act''
contained in division B of this Act shall be treated as a
reference to House Report 116-455. The effect of such Report
shall be limited to division B and shall apply for purposes
of determining the allocation of funds provided by, and the
implementation of, division B.
(c) Any reference to a ``report accompanying this Act''
contained in division C of this Act shall be treated as a
reference to House Report 116-449. The effect of such Report
shall be limited to division C and shall apply for purposes
of determining the allocation of funds provided by, and the
implementation of, division C.
(d) Any reference to a ``report accompanying this Act''
contained in division D of this Act shall be treated as a
reference to House Report 116-456. The effect of such Report
shall be limited to division D and shall apply for purposes
of determining the allocation of funds provided by, and the
implementation of, division D.
(e) Any reference to a ``report accompanying this Act''
contained in division E of this Act shall be treated as a
reference to House Report 116-450. The effect of such Report
shall be limited to division E and shall apply for purposes
of determining the allocation of funds provided by, and the
implementation of, division E.
(f) Any reference to a ``report accompanying this Act''
contained in division F of this Act shall be treated as a
reference to House Report 116-452. The effect of such Report
shall be limited to division F and shall apply for purposes
of determining the allocation of funds provided by, and the
implementation of, division F.
SEC. 4. 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
[[Page H3995]]
President subsequently so designates all such amounts and
transmits such designations to the Congress.
DIVISION A--DEPARTMENT OF DEFENSE APPROPRIATIONS ACT, 2021
That the following sums are appropriated, out of any money
in the Treasury not otherwise appropriated, for the fiscal
year ending September 30, 2021, for military functions
administered by the Department of Defense and for other
purposes, namely:
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, $44,936,603,000.
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, $33,757,999,000.
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,
$14,534,551,000.
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, $32,675,965,000.
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,
$5,025,216,000.
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, $2,223,690,000.
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, $857,394,000.
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,
$2,179,763,000.
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, $8,639,005,000.
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, $4,525,466,000.
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,
$40,424,428,000: Provided, That not to exceed $12,478,000 can
be used for emergencies and extraordinary expenses, to be
expended on the approval or authority of the Secretary of the
Army, and payments may be made on 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, $49,248,117,000: Provided, That not to
exceed $15,055,000 can be used for emergencies and
extraordinary expenses, to be expended on the approval or
authority of the Secretary of the Navy, and payments may be
made on 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, $7,512,336,000.
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, $33,595,328,000: Provided, That not to exceed $7,699,000
can be used for emergencies and extraordinary expenses, to be
expended on the approval or authority of the Secretary of the
Air Force, and payments may be made on 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, $2,498,544,000.
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, $38,967,817,000: Provided, That not
more than $6,859,000 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 can be used for emergencies and extraordinary
expenses, to be expended on the approval or authority of the
Secretary of Defense, and payments may be made on 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 $17,732,000, 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, $659,225,000, of which
$164,806,000 to remain
[[Page H3996]]
available until September 30, 2022, shall be available to
provide support and assistance to foreign security forces or
other groups or individuals to conduct, support or facilitate
counterterrorism, crisis response, or other Department of
Defense security cooperation programs; of which not less than
$30,000,000 shall be available for International Security
Cooperation Programs with countries in the United States
Africa Command area of responsibility; of which not less than
$130,000,000 shall be available for International Security
Cooperation Programs with countries in the United States
Southern Command area of responsibility; and not to exceed
$21,814,000 shall be for Defense Security Cooperation Agency
headquarters expenses: Provided further, That the Secretary
of Defense shall notify the congressional defense committees
in writing and not fewer than 15 days prior to obligating
funds for International Security Cooperation Programs:
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 provided under this heading: 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,
$3,004,717,000.
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,
$1,155,746,000.
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, $322,706,000.
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, $3,300,284,000.
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), $7,611,147,000.
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, $6,853,942,000.
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, $404,250,000, 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.
[[Page H3997]]
Department of Defense Acquisition Workforce Development Account
For the Department of Defense Acquisition Workforce
Development Account, $198,501,000, 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,
$3,503,013,000, 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,
$3,419,333,000, 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, $3,696,263,000, 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,
$2,789,898,000, 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,
$8,453,422,000, 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, $17,710,109,000, 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,
$4,378,594,000, 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,
$795,134,000, 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, $2,862,179,000;
Columbia Class Submarine (AP), $1,123,175,000;
Carrier Replacement Program (CVN-80), $904,800,000;
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, $1,878,453,000;
CVN Refueling Overhauls (AP), $17,384,000;
DDG-1000 Program, $78,205,000;
DDG-51 Destroyer, $2,931,245,000;
DDG-51 Destroyer (AP), $29,297,000;
FFG-Frigate, $1,053,123,000;
LPD Flight II, $1,155,801,000;
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;
For COVID-19 recovery for second, third, and fourth tier
suppliers, $100,000,000;
For outfitting, post delivery, conversions, and first
destination transportation, $806,539,000; and
Completion of Prior Year Shipbuilding Programs,
$369,112,000.
In all: $22,257,938,000, 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,
$9,986,796,000, 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,
[[Page H3998]]
$2,693,354,000, 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,
$19,587,853,000, 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, $2,249,157,000, 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,
$609,338,000, 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, $23,603,470,000, 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, $2,289,934,000, 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, $5,418,220,000, 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), $191,931,000,
to remain available until expended.
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, $13,126,499,000, 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, $20,165,874,000, 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, $36,040,609,000, 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, $10,187,840,000, 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, $24,617,177,000, 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, $210,090,000, 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, $1,348,910,000.
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, $33,297,902,000; of which $31,097,781,000,
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 $16,024,715,000
may be available for contracts entered into under the TRICARE
program; of which $557,896,000, to remain available for
obligation until September 30, 2023, shall be for
procurement; and of which $1,642,225,000, 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
$1,020,500,000 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 ten business days after delaying the proposed
timeline of such deployment if such delay is longer than one
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, $889,500,000, 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 $782,193,000, to remain available until September 30,
2022, shall be for research, development, test and
evaluation, of which $775,699,000
[[Page H3999]]
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, $746,223,000, of which $421,029,000
shall be for counter-narcotics support; $123,704,000 shall be
for the drug demand reduction program; $195,979,000 shall be
for the National Guard counter-drug program; and $5,511,000
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: Provided further, That funds
appropriated under this heading for counter-narcotics support
may only be transferred 15 days following written
notification to the congressional defense committees.
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, $387,696,000, of which
$385,740,000 shall be for operation and maintenance, of which
not to exceed $700,000 is available for emergencies and
extraordinary expenses to be expended on the approval or
authority of the Inspector General, and payments may be made
on 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, $619,728,000.
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 $1,000,000,000 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, 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:
``Environmental Restoration, Army'';
``Environmental Restoration, Navy'';
``Environmental Restoration, Air Force'';
``Environmental Restoration, Defense-Wide''; and
``Environmental Restoration, Formerly Used Defense Sites''.
(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
[[Page H4000]]
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 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) None of the funds appropriated by this Act may be used
for term or temporary hiring authorities for enduring
functions.
(d) 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.
(e) 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.
(f) 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. 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.
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 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. 8018. 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. 8019. 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. 8020. In addition to the funds provided elsewhere 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. 8021. Funds appropriated by this Act for the Defense
Media Activity shall not be used for any national or
international political or psychological activities.
Sec. 8022. 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
[[Page H4001]]
of Kuwait shall be credited to the appropriations or fund
which incurred such obligations.
Sec. 8023. (a) The Secretary of Defense shall notify the
congressional defense committees in writing not more than 15
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.
(b) Any notification submitted under subsection (a) 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.
(c) The Secretary of Defense shall, not fewer than 15 days
prior to obligating funds received pursuant to subsection
(a), submit to the congressional defense committees in
writing a notification of the details of any such obligation,
including--
(1) the total amount of such contributions and the date
received;
(2) the account or accounts to which such contributions
were deposited and may be subsequently transferred;
(3) a description of the purpose for which such
contributions were made; any contributions expected in future
years from the foreign country; any agreement or memorandum
of understanding between the United States and such country
relating to such contributions; and any associated in-kind
contributions;
(4) the planned use of such contributions, including
whether such contributions would support existing or new
stationing or operations of the United States Armed Forces;
and
(5) a list of any additional congressional action or
notification (other than the notification required by this
section) needed prior to the obligation or expenditure of
such contributions.
(d) Nothing in this section may be construed to authorize
the Secretary to accept contributions from a foreign country.
Sec. 8024. (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. 8025. (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 6,110 staff years of technical effort (staff
years) may be funded for defense FFRDCs: Provided, That, of
the specific amount referred to previously in this
subsection, not more than 1,148 staff years may be funded for
the defense studies and analysis FFRDCs: Provided further,
That this subsection shall not apply to staff years funded in
the National Intelligence Program and the Military
Intelligence Program.
(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.
(f) Notwithstanding any other provision of this Act, the
total amount appropriated in this Act for FFRDCs is hereby
increased by $21,834,000: Provided, That this subsection
shall not apply to appropriations for the National
Intelligence Program (NIP) and the Military Intelligence
Program (MIP).
Sec. 8026. 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. 8027. 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. 8028. 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. 8029. (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 Agreements 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. 8030. During the current fiscal year, amounts
contained in the Department of Defense Overseas Military
Facility Investment Recovery Account established by section
2921(c)(1) of the National Defense Authorization Act of 1991
(Public Law 101-510; 10 U.S.C. 2687 note) shall be available
until expended for the payments specified by section
2921(c)(2) of that Act.
Sec. 8031. (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. 8032. 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.
Sec. 8033. 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
[[Page H4002]]
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. 8034. 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. 8035. (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. 8036. 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. 8037. 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. 8038. (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. 8039. (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. 8040. (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. 8041. 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 a concurrent
resolution on the budget or the Balanced Budget and Emergency
Deficit Control Act of 1985, as amended:
``Weapons and Tracked Combat Vehicles, Army'', 2019/2021,
$14,250,000;
``Other Procurement, Army'', 2019/2021, $12,953,000;
``Aircraft Procurement, Navy'', 2019/2021, $7,983,000;
``Other Procurement, Navy'', 2019/2021, $2,226,000;
``Aircraft Procurement, Air Force'', 2019/2021,
$236,624,000;
``Other Procurement, Air Force'', 2019/2021, $12,400,000;
``Operation and Maintenance, Defense-Wide: Defense Security
Cooperation Agency'', 2020/2021, $20,000,000;
``Weapons and Tracked Combat Vehicles, Army'', 2020/2022,
$93,840,000;
``Other Procurement, Army'', 2020/2022, $10,878,000;
``Aircraft Procurement, Navy'', 2020/2022, $351,009,000;
[[Page H4003]]
``Shipbuilding and Conversation, Navy: CVN Refueling
Overhauls'', 2020/2024, $13,100,000;
``Shipbuilding and Conversion, Navy: TAO Fleet Oiler
(AP)'', 2020/2024, $73,000,000;
``Other Procurement, Navy'', 2020/2022, $60,920,000;
``Procurement, Marine Corps'', 2020/2022, $33,539,000;
``Aircraft Procurement, Air Force'', 2020/2022,
$439,458,000;
``Missile Procurement, Air Force'', 2020/2022, $24,500,000;
``Other Procurement, Air Force'', 2020/2022, $11,226,000;
``Research, Development, Test and Evaluation, Army'', 2020/
2021, $310,622,000;
``Research, Development, Test and Evaluation, Navy'', 2020/
2021, $70,000,000;
``Research, Development, Test and Evaluation, Air Force'',
2020/2021, $219,341,000;
``Research, Development, Test and Evaluation, Defense-
Wide'', 2020/2021, $323,231,000; and
``Defense Counterintelligence and Security Agency Working
Capital Fund'', 2020/20XX, $150,000,000.
Sec. 8042. 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. 8043. 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.
Sec. 8044. 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. 8045. (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. 8046. 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. 8047. In addition to the amounts appropriated or
otherwise made available elsewhere in this Act, $47,500,000
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: $22,500,000 to the United Service Organizations and
$25,000,000 to the Red Cross.
Sec. 8048. 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. 8049. 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.
Sec. 8050. 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. 8051. 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. 8052. 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. 8053. (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. 8054. Of the funds appropriated in this Act under the
heading ``Operation and Maintenance, Defense-Wide'',
$40,000,000 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. 8055. 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 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
this restriction does not apply to programs funded within the
National Intelligence Program: 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. 8056. (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--
[[Page H4004]]
(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. 8057. 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. 8058. 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.
Sec. 8059. 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. 8060. 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. 8061. 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. 8062. 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. 8063. Of the amounts appropriated in this Act under
the heading ``Operation and Maintenance, Army'', $137,724,000
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. 8064. (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).
Sec. 8065. In addition to amounts provided elsewhere in
this Act, $5,000,000 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. 8066. 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. 8067. 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. 8068. 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. 8069. 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. 8070. Of the amounts appropriated in this Act under
the heading ``Shipbuilding and Conversion, Navy'',
$369,112,000 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 $198,000,000;
(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; and
(6) Under the heading ``Shipbuilding and Conversion,
Navy'', 2018/2021: TAO Fleet Oiler $17,400,000.
Sec. 8071. 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.
[[Page H4005]]
Sec. 8072. 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 the Secretary of
Defense notifies the congressional defense committees not
less than 30 days in advance (or in an emergency, as far in
advance as practicable) that 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. 8073. 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, including 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. 8074. 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. 8075. The Secretary of Defense may use up to
$500,000,000 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): Provided, That
the Secretary of Defense shall notify the congressional
defense committees promptly of all uses of such authority.
Sec. 8076. 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. 8077. 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. 8078. (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. 8079. 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. 8080. 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. 8081. (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. 8082. 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. 8083. Any transfer of amounts appropriated to,
credited to, or deposited in 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. 8084. 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. 8085. (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. 8086. 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. 8087. 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. 8088. 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. 8089. (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. 8090. (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
[[Page H4006]]
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. 8091. 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. 8092. 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. 8093. 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. 8094. 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
$1,000,000,000 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. 8095. 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. 8096. (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. 8097. 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. 8098. The Secretary of Defense shall post grant
awards on a public website in a searchable format.
Sec. 8099. The Secretary of each military department, in
reducing each research, development, test and evaluation and
procurement account of the military department as required
under 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), as amended by section 825(a)(3) of the
National Defense Authorization Act for Fiscal Year 2018,
shall allocate the percentage 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. 8100. 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. 8101. 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. 8102. Of the amounts appropriated in this Act for
``Operation and Maintenance, Navy'', $436,029,000, 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. 8103. 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. 8104. (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
[[Page H4007]]
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. 8105. 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. 8106. 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. 8107. (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. 8108. 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. 8109. Notwithstanding any other provision of law, any
transfer of funds appropriated or otherwise made available by
this Act to the Global Engagement Center established by
section 1287 of the National Defense Authorization Act for
Fiscal Year 2017 (Public Law 114-328; 22 U.S.C. 2656 note)
shall be made in accordance with section 8005 or 9002 of this
Act, as applicable.
Sec. 8110. In addition to amounts provided elsewhere in
this Act, there is appropriated $270,000,000, 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. 8111. 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. 8112. None of the funds provided for, or otherwise
made available, in this or any prior Act making
appropriations to the Department of Defense, 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. 8113. 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. 8114. 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. 8115. (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. 8116. 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. 8117. None of the funds appropriated or otherwise
made available by this Act may be used to transfer the
National Reconnaissance Office to the United States Space
Force.
Sec. 8118. 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 Defense Agency to the United States Space Force
unless, not less than 60 days prior to initiating such
transfer, the Secretary of Defense certifies in writing to
the Committees on Appropriations of the House of
Representatives and the Senate that such transfer is in the
national security interest of the United States and will not
have an adverse impact on the Department or agency from which
such element is being transferred: Provided, That such
certification shall include a detailed description of the
element and timeline for such transfer.
Sec. 8119. Funds appropriated in titles I and IX of this
Act under the heading ``Military Personnel'' may be used for
expenses described therein for members of the United States
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. 8120. Prior to the initial obligation of funds made
available in titles II and IX of this Act for the Defense
Security Cooperation Agency (DSCA), the Director of DSCA
shall submit a spend plan by budget activity and sub-activity
to the Committees on Appropriations of the House of
Representatives and the Senate: Provided, That for funds
planned for International Security Cooperation Programs, the
Director shall, in coordination with the commanders of each
geographic combatant command, include amounts planned for
each combatant command and country, and a comparison to such
amounts provided in the previous three fiscal years: Provided
further, That amounts in such plan shall only reflect those
amounts designated in the fiscal year 2021 budget
justification materials and modified by the fiscal year 2021
appropriations adjustments in this Act and in the table in
the report accompanying this Act: Provided further, That the
Secretary of Defense shall notify such Committees in writing
and not fewer than 15 days prior to obligating such funds for
any proposed new projects or activities, or transfer of funds
between budget sub-activity groups: Provided further, That
such plan shall be updated and submitted to such Committees
upon notification of such funds to include a justification
for any changes: Provided further, That a similar plan shall
be provided to such Committees outlining funds requested for
fiscal year 2022 with the submission of the fiscal year 2022
budget request.
Sec. 8121. 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 $436,000,000.
Sec. 8122. 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 $1,000,000,000.
Sec. 8123. None of the funds appropriated by this Act may
be used to exclude, or implement the exclusion of, the
Department of Defense, or any agency, activity, or
subdivision thereof,
[[Page H4008]]
from coverage under section 7103(b)(1) or (2) of title 5,
United States Code (commonly referred to as the ``Federal
Service Labor-Management Relations Statute'').
Sec. 8124. Not later than 60 days after the date of
enactment of this Act, the Secretary of Defense, in
coordination with the Secretary of State, shall provide all
relevant information and documents to the appropriate
judicial authorities in El Salvador investigating the
December 1981 massacre in El Mozote: Provided, That not later
than 30 days following such action, the Secretary of Defense
shall submit a report to the Committees on Appropriations of
the House of Representatives and the Senate describing the
information and documents provided and the authorities that
received them.
Sec. 8125. (a) Funds appropriated under title IV of this
Act may be used for expenses for agile development, test and
evaluation, procurement, production and modification, and the
operation and maintenance for the following software pilot
programs--
(1) Space Command and Control (PE1203614SF);
(2) Algorithmic Warfare Cross Functional Team
(PE0308588D8Z);
(3) Risk Management Information (PE0608013N);
(4) Maritime Tactical Command Control (PE0608231N);
(5) National Background Investigation Services
(PE0608197V);
(6) Global Command and Control System - Joint (PE0308150K);
(7) Defensive Cyber Operations Army (PE0608041A); and
(8) Acquisition Visibility (PE0608648D8Z).
(b) Not later than 30 days after the date of the enactment
of this Act, the Secretary of Defense shall submit to the
Committees on Appropriations of the House of Representatives
and the Senate a plan for carrying out each pilot program
specified in subsection (a), including goals and metrics for
each program.
(c) Following the submission of the plan under subsection
(b), the Secretary of Defense shall provide to the Committees
on Appropriations of the House of Representatives and the
Senate a quarterly report on the status of each pilot program
specified in subsection (a).
Sec. 8126. (a) Not later than 30 days after the date of the
enactment of this Act, and quarterly thereafter, the
Secretary of Defense shall submit to the congressional
defense committees a report that includes--
(1) the number of members of the Armed Forces deployed by
each geographic combatant command (other than United States
Northern Command), set forth separately by each of the Armed
Forces and whether regular, National Guard, or Reserve;
(2) the number of Department of Defense civilian employees
deployed by each geographic combatant command (other than
United States Northern Command);
(3) the number of Department of Defense contractor
employees deployed by each geographic combatant command
(other than United States Northern Command); and
(4) for each category of personnel described in paragraphs
(1) through (3), the country and named operation to which
such personnel are assigned, if applicable; a description of
the functions performed by such personnel; and a comparison
of the number of personnel to the number of such personnel in
reports previously submitted under this section.
(b) Each report under subsection (a) shall be submitted in
unclassified form, but may include a classified annex.
Sec. 8127. Not more than 15 days before deploying a
security force assistance brigade of the United States Army
to a friendly foreign country to conduct a program to provide
training or equipment to the security forces of such country
to build the capacity of such forces, the Secretary of
Defense shall submit to the congressional defense committees
a notification that includes--
(1) an identification of the United States Army brigade,
including the number of individuals to be deployed;
(2) a description of any education and training provided to
such brigade before deployment in order to conduct the
program, including on the language, cultural, and the social
dynamics of the friendly foreign country where the program
would be conducted;
(3) a description of the amount, type, and purpose of the
training or equipment to be provided under the program;
(4) the authority under which the program is authorized,
whether congressional notification (other than the
notification required by this section) is required to conduct
the program under such authority, and whether such
notification has been made;
(5) an identification of the foreign country in which the
program would be conducted, the specific security forces
whose capacity would be built under the program, and an
evaluation of the ability of such forces to absorb the
training and equipment to be provided under the program;
(6) the cost, implementation timeline, and delivery
schedule for the training and equipment to be provided under
the program, and the source of funds;
(7) a description of any arrangements made for sustainment
of the program;
(8) information, including the amount, type, and purpose,
of any prior assistance provided to the foreign country by
any security force assistance brigade of the United States
Army;
(9) information, including the amount, type, and purpose,
on the security assistance provided to the foreign country
during the current and prior fiscal year under other train
and equip programs, and a description of how the training and
equipment to be provided under the program fits into the
overall objective of such programs; and
(10) a description of whether training and equipment to be
provided under the program could be provided pursuant to
other train and equip authorities.
Sec. 8128. Of funds made available by section 8102 of the
Department of Defense Appropriations Act, 2014 (division C of
Public Law 113-76) that remain unobligated as of the date of
the enactment of this Act, up to $13,000,000 shall be
available for grants, cooperative agreements, and to
supplement other Federal funds for the following authorized
purposes: public healthcare professionals and public health
laboratory staff; laboratory and medical equipment; and
medical supplies: Provided, That the Secretary of Defense
shall, not less than 15 days prior to obligating funds made
available for such purposes, notify the congressional defense
committees in writing of the details of any such obligation.
Sec. 8129. 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, T-
AGOS(X) Oceanographic Surveillance Ship, Light Amphibious
Warship, Next Generation Medium Amphibious Ship, or Next
Generation Medium Logistics Ship may be used to award a new
contract for such activities unless these contracts include
specifications that all hull, mechanical, and electrical
components are manufactured in the United States.
Sec. 8130. None of the funds made available by this Act
may be obligated or expended for the purpose of
decommissioning any Navy Littoral Combat Ships.
Sec. 8131. (a) Not later than three days after a
significant deployment or redeployment of members of the
Armed Forces to a location outside the United States, the
Secretary of Defense shall submit to the congressional
defense committees a notification that includes--
(1) the number of members of the Armed Forces deployed or
redeployed;
(2) the name of each unit deployed or redeployed;
(3) the duration of the orders for the deployment or
redeployment;
(4) the location of the deployment or redeployment;
(5) the purpose for the deployment or redeployment;
(6) the estimated cost of the deployment or redeployment
over such timeline; and
(7) an explanation of how the Secretary intends to pay the
costs of such deployment or redeployment, including
identification of the specific accounts that will be used to
pay such costs for each fiscal year.
(b) Each notification under subsection (a) shall be
submitted in unclassified form, but may include a classified
annex.
(c) Nothing in this section shall be construed to authorize
a deployment or redeployment.
Sec. 8132. None of the funds made available by this Act
may be obligated or expended in a manner that does not comply
with the requirements of section 365 of H.R. 7120, One
Hundred Sixteenth Congress, as passed by the House of
Representatives on June 25, 2020.
Sec. 8133. None of the funds made available by this Act or
any prior Department of Defense Appropriations Acts may be
used to conduct, or make specific preparations for, any
explosive nuclear weapons test that produces any yield.
Sec. 8134. None of the funds appropriated or otherwise
made available by this Act or any prior Department of Defense
Appropriations Acts may be used to construct a wall, fence,
border barriers, or border security infrastructure along the
southern land border of the United States: Provided, That
none of the funds appropriated or otherwise made available
under the heading ``Drug Interdiction and Counter-drug
Activities, Defense'' in title VI of this Act may be used for
the construction of fences pursuant to subsection (b)(7) of
section 284 of title 10, United States Code.
Sec. 8135. Notwithstanding any other provision of law,
funds made available to the Department of Defense for fiscal
year 2020 that were transferred by such Department on
February 13, 2020, and remain unobligated as of the date of
the enactment of this Act shall be returned to the original
account or accounts and may not be used for any purpose other
than the original purposes for which they were appropriated
by the Department of Defense Appropriations Act, 2020
(division A of Public Law 116-93), notwithstanding the
transfer authority provided by section 8005 of such Act.
Sec. 8136. None of the funds made available by this Act
may be used for members of the Armed Forces serving on active
duty in support of security or immigration enforcement
operations at the southern border unless the agency
requesting such support enters into an agreement with the
Secretary of Defense to reimburse the Department of Defense
for all costs incurred by the Department to provide such
services.
Sec. 8137. 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
[[Page H4009]]
prioritizes the use of funds for the installation of noise
mitigation at covered facilities in the community: Provided
further, That, in carrying out the program, the Secretary of
Defense shall coordinate and minimize duplication of efforts
with the noise mitigation program established under 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 of a military installation or another
location at which military aircraft are stationed or are
located in an area impacted by excessive military aviation
noise, as determined by the Department of Defense's noise
monitoring programs.
Sec. 8138. None of the funds appropriated or otherwise
made available by this Act or any prior Department of Defense
Appropriations Acts may be used to provide guidance on,
review, prepare, approve, or recommend budget request funding
levels or initiatives for the Department of Energy.
Sec. 8139. Of the funds appropriated in this Act under the
heading ``Operation and Maintenance, Army'', $1,000,000 shall
be made available for expenses for the renaming of Army
installations, facilities, roads, and streets named after
confederate leaders and officers.
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'', $16,530,754,000: 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'', $10,942,741,000: 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'', $1,145,600,000: 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'', $18,861,862,000: 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'', $6,169,693,000: Provided, That of the funds
provided under this heading, not to exceed $180,000,000, 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 further, 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 these funds
may be used to support the Government of Jordan in such
amounts as the Secretary of Defense may determine, to enhance
the ability of the armed forces of Jordan to increase or
sustain security along its borders, upon 15 days prior
written notification to the congressional defense committees
outlining the amounts intended to be provided and the nature
of the expenses incurred: Provided further, That of the
funds provided under this heading, not to exceed
$1,206,296,000, to remain available until September 30, 2022,
shall be available to provide support and assistance to
foreign security forces or other groups or individuals to
conduct, support or facilitate counterterrorism, crisis
response, or other Department of Defense security cooperation
programs, of which not less than $130,000,000 shall be
available for International Security Cooperation Programs
with countries in the United States Africa Command area of
responsibility: Provided further, That the Secretary of
Defense shall notify the congressional defense committees in
writing and not fewer than 15 days prior to obligating funds
for International Security Cooperation Programs: Provided
further, That these funds may be used in such amounts as the
Secretary of Defense may determine to enhance the border
security of nations adjacent to conflict areas including
Jordan, Lebanon, Egypt, and Tunisia resulting from actions of
the Islamic State of Iraq and Syria: 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
provided under this heading: 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.
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
[[Page H4010]]
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 in writing and not fewer than 15 days prior to
obligating funds for any proposed new projects or activities,
or transfer of funds between budget sub-activity groups in
excess of $10,000,000: 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 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'', $700,000,000, 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'',
$865,992,000, 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
[[Page H4011]]
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'', $110,668,000, 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'',
$875,666,000, 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'', $33,241,000, 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'', $787,665,000, 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'', $802,455,000, 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'',
$335,837,000, 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,
$1,000,000,000, 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 $900,000,000 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
[[Page H4012]]
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 $1,000,000: 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: Provided further, That, not later
than 30 days after the end of each fiscal year quarter, the
Army shall submit to the congressional defense committees
quarterly commitment, obligation, and expenditure data for
the CERP in Afghanistan: Provided further, That, not less
than 15 days before making funds available pursuant to the
authority provided in this section or under any other
provision of law for the purposes described herein for a
project with a total anticipated cost for completion of
$500,000 or more, the Secretary shall submit to the
congressional defense committees a written notice containing
each of the following:
(1) The location, nature and purpose of the proposed
project, including how the project is intended to advance the
military campaign plan for the country in which it is to be
carried out.
(2) The budget, implementation timeline with milestones,
and completion date for the proposed project, including any
other CERP funding that has been or is anticipated to be
contributed to the completion of the project.
(3) A plan for the sustainment of the proposed project,
including the agreement with either the host nation, a non-
Department of Defense agency of the United States Government
or a third-party contributor to finance the sustainment of
the activities and maintenance of any equipment or facilities
to be provided through the proposed project.
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,
2021, 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 of the amounts made available
in this section, $50,000,000 shall be available only for
lethal assistance described in paragraphs (2) and (3) of
section 1250(b) of the National Defense Authorization Act for
Fiscal Year 2016 (Public Law 114-92): 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, notwithstanding any other provision
of law, amounts made available in this section shall be
exempt from apportionment under chapter 15 of title 31,
United States Code.
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),
or under the heading ``Iraq Train and Equip Fund'' for the
program authorized by section 1236 of such Act, 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. (a) None of the funds appropriated or otherwise
made available by this Act under the headings ``Operation and
Maintenance, Defense-Wide'' and ``Counter-ISIS Train and
Equip Fund'' for reimbursement made to the Government of
Pakistan under section 1226 of the National Defense
Authorization Act for Fiscal Year 2016 (22 U.S.C. 2151 note)
may be made available unless the Secretary of Defense, in
coordination with the Secretary of State, certifies to the
congressional defense committees that the Government of
Pakistan is--
(1) cooperating with the United States in counterterrorism
efforts against the Haqqani Network, the Quetta Shura
Taliban, Lashkar e-Tayyiba, Jaish-e-Mohammed, Al Qaeda, and
other domestic and foreign terrorist organizations, including
taking steps to end support for such groups and prevent them
from basing and operating in Pakistan and carrying out cross
border attacks into neighboring countries;
(2) not supporting terrorist activities against United
States or coalition forces in Afghanistan, and Pakistan's
military and intelligence agencies are not intervening extra-
judicially into political and judicial processes in Pakistan;
(3) dismantling improvised explosive device (IED) networks
and interdicting precursor chemicals used in the manufacture
of IEDs;
(4) preventing the proliferation of nuclear-related
material and expertise;
(5) implementing policies to protect judicial independence
and due process of law;
(6) issuing visas in a timely manner for United States
visitors engaged in counterterrorism efforts and assistance
programs in Pakistan; and
[[Page H4013]]
(7) providing humanitarian organizations access to
detainees, internally displaced persons, and other Pakistani
civilians affected by the conflict.
(b) The Secretary of Defense, in coordination with the
Secretary of State, may waive the restriction in subsection
(a) on a case-by-case basis by certifying in writing to the
congressional defense committees that it is in the national
security interest to do so: Provided, That if the Secretary
of Defense, in coordination with the Secretary of State,
exercises such waiver authority, the Secretaries shall report
to the congressional defense committees on both the
justification for the waiver and on the requirements of this
section that the Government of Pakistan was not able to meet:
Provided further, That such report may be submitted in
classified form if necessary.
Sec. 9018. 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. 9019. 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. 9020. 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. 9021. 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 one 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. 9022. 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. 9023. Nothing in this Act may be construed as
authorizing the use of force against Iran.
Sec. 9024. Not later than 15 days after the date on which
any foreign base that involves the stationing or operations
of the United States Armed Forces, including a temporary
base, permanent base, or base owned and operated by a foreign
country, is opened or closed, the Secretary of Defense shall
notify the congressional defense committees in writing of the
opening or closing of such base: Provided, that such
notification shall also include information on any personnel
changes, costs, and savings associated with the opening or
closing of such base.
(including transfer of funds)
Sec. 9025. In addition to amounts otherwise made available
in this Act, $250,000,000 is hereby appropriated to the
Department of Defense and made available for transfer only to
the operation and maintenance, military personnel, and
procurement accounts, to improve near-term intelligence,
surveillance, and reconnaissance capabilities and related
processing, exploitation, and dissemination functions of the
Department of Defense: Provided, That the transfer authority
provided in this section is in addition to any other transfer
authority provided elsewhere in this Act: Provided further,
That not later than 30 days prior to exercising the transfer
authority provided in this section, the Secretary of Defense
shall submit a report to the congressional defense committees
on the proposed uses of these funds: Provided further, That
the funds provided in this section may not be transferred to
any program, project, or activity specifically limited or
denied by this Act: Provided further, That such funds may
not be obligated for new start efforts: Provided further,
That amounts made available by this section 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:
Provided further, That the authority to provide funding under
this section shall terminate on September 30, 2021.
(rescissions)
Sec. 9026. 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:
``Aircraft Procurement, Air Force'', 2019/2021,
$16,400,000;
``Operation and Maintenance, Defense-Wide: Defense Security
Cooperation Agency'', 2020/2021, $80,000,000;
``Afghanistan Security Forces Fund'', 2020/2021,
$1,100,000,000; and
``Counter-ISIS Train and Equip Fund'', 2020/2021,
$250,000,000.
Sec. 9027. Effective 240 days after the date of the
enactment of this Act, the Authorization for Use of Military
Force (Public Law 107-40; 50 U.S.C. 1541 note) is hereby
repealed.
Sec. 9028. The Authorization for Use of Military Force
Against Iraq Resolution of 2002 (Public Law 107-243; 50
U.S.C. 1541 note) is hereby repealed.
Sec. 9029. (a)(1) Except as provided in paragraph (2), none
of the funds appropriated or otherwise made available by this
Act may be obligated or expended for any use of military
force in or against Iran unless Congress has--
(A) declared war; or
(B) enacted specific statutory authorization for such use
of military force after the date of the enactment of this Act
that meets the requirements of the War Powers Resolution (50
U.S.C. 1541 et seq.).
(2) The prohibition under paragraph (1) shall not apply to
a use of military force that is consistent with section
(2)(c) of the War Powers Resolution.
(b) Nothing in this section may be construed--
(1) to prevent the President from using necessary and
appropriate force to defend United States allies and partners
if Congress enacts specific statutory authorization for such
use of force consistent with the requirements of the War
Powers Resolution (50 U.S.C. 1541 et seq.);
(2) to relieve the executive branch of restrictions on the
use of force, reporting, or consultation requirements set
forth in the War Powers Resolution (50 U.S.C. 1541 et seq.);
or
(3) to authorize the use of military force.
Sec. 9030. None of the funds appropriated or otherwise
made available by this Act may be used to carry out or
support any law enforcement action, carried out by a member
of the Armed Forces or employee (including any contract
employee) of the Department of Defense deployed pursuant to
section 253 of title 10, United States Code, unless such
individual wears a clearly visible identification that
indicates the first and last name of the individual, a unique
identifier or badge number, rank or title, and the Armed
Force or agency that vests such individual with authority to
carry out or support such action.
This Act may be cited as the ``Department of Defense
Appropriations Act, 2021''.
DIVISION B--COMMERCE, JUSTICE, SCIENCE, AND RELATED AGENCIES
APPROPRIATIONS ACT, 2021
That the following sums are appropriated, out of any money
in the Treasury not otherwise appropriated, for the fiscal
year ending September 30, 2021, and for other purposes,
namely:
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, $542,428,000, of which $75,000,000 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
[[Page H4014]]
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,
$137,664,000, 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),
$314,000,000, to remain available until expended, of which
$35,000,000 shall be for grants under such section 27 and
$4,500,000 shall be for grants under such section 28.
salaries and expenses
For necessary expenses of administering the economic
development assistance programs as provided for by law,
$42,000,000: 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), 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,
$52,000,000, 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, $1,392,709,000, to
remain available until September 30, 2023: 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 from amounts provided herein, not to exceed
$900 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), $789,000,000, 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.
[[Page H4015]]
industrial technology services
For necessary expenses for industrial technology services,
$170,000,000, to remain available until expended, of which
$153,000,000 shall be for the Hollings Manufacturing
Extension Partnership, and of which $17,000,000 shall be for
the National Network for Manufacturing Innovation (also known
as ``Manufacturing USA'').
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), $85,000,000, to remain available until expended:
Provided, That the Secretary of Commerce shall include in the
budget justification materials 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, $3,871,659,000, 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,
$253,171,000 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 the Fishery Science and Management program activities:
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 $4,142,330,000 provided for in
direct obligations under this heading, $3,871,659,000 is
appropriated from the general fund, $253,171,000 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
report accompanying this 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,
$1,524,360,000, to remain available until September 30, 2023,
except that funds provided for acquisition and construction
of vessels and construction of facilities shall remain
available until expended: Provided, That of the
$1,537,360,000 provided for in direct obligations under this
heading, $1,524,360,000 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 report
accompanying this 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 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, $1,302,000 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.
fishery disaster assistance
For salaries and expenses associated with the
administration of fishery disaster assistance, $300,000, to
remain available until September 30, 2022: Provided, That
funds shall be used for administering the fishery disaster
programs authorized by the Magnuson-Stevens Fishery
Conservation and Management Act and the Interjurisdictional
Fisheries Act of 1986.
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,
$73,080,000: 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 30 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.
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.
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.), $35,520,000: 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
[[Page H4016]]
life cycle cost for the Joint Polar Satellite System is
$11,322,125,000 and the life cycle cost for the Geostationary
Operational Environmental Satellite R-Series Program is
$10,828,059,000.
Sec. 105. Notwithstanding any other provision of law, the
Secretary 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,
2023, 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.
This title may be cited as the ``Department of Justice
Appropriations Act, 2021''.
TITLE II
DEPARTMENT OF JUSTICE
General Administration
salaries and expenses
For expenses necessary for the administration of the
Department of Justice, $120,041,000, of which not to exceed
$4,000,000 for security and construction of Department of
Justice facilities shall remain available until expended, and
of which $5,000,000 is available only for the purposes of
carrying out provisions related to a Task Force on Law
Enforcement Oversight established pursuant to section 220 of
this Act.
justice information sharing technology
(including transfer of funds)
For necessary expenses for information sharing technology,
including planning, development, deployment and departmental
direction, $33,875,000, 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
$25,000,000 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 September 30,
2022.
office of inspector general
For necessary expenses of the Office of Inspector General,
$113,985,000, including not to exceed $10,000 to meet
unforeseen emergencies of a confidential character: Provided,
That not to exceed $2,000,000 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, $969,211,000, 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 $10,000,000
shall be for the Civil Rights Division for additional
expenses relating to the enforcement of section 210401 of the
Violent Crime Control and Law Enforcement Act of 1994 (34
U.S.C. 12601), criminal enforcement under sections 241 and
242 of title 18, United States Code, and administrative
enforcement by the Department of Justice, including
compliance with consent decrees or judgments entered into
under such section 210401: Provided further, That 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
$198,744,000 shall be available for the Criminal Division,
including related expenses for the Mutual Legal Assistance
Treaty Program.
In addition, for reimbursement of expenses of the
Department of Justice associated with processing cases under
the National Childhood Vaccine Injury Act of 1986, not to
exceed $19,000,000, 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, $180,274,000, to remain available until
expended, of which not to exceed $2,000 shall be made
available for official reception and representation expenses:
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 $30,274,000.
salaries and expenses, united states attorneys
For necessary expenses of the Offices of the United States
Attorneys, including inter-governmental and cooperative
agreements,
[[Page H4017]]
$2,347,177,000: Provided, That of the total amount
appropriated, not to exceed $7,200 shall be available for
official reception and representation expenses: Provided
further, That $10,000,000 shall be for additional expenses
relating to the enforcement of section 210401 of the Violent
Crime Control and Law Enforcement Act of 1994 (34 U.S.C.
12601), criminal enforcement under sections 241 and 242 of
title 18, United States Code, and administrative enforcement
by the Department of Justice, including compliance with
consent decrees or judgments entered into under such section
210401: 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.
salaries and expenses, community relations service
(including transfer of funds)
For necessary expenses of the Community Relations Service,
$20,300,000: Provided, That 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, $1,484,184,000, 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 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,
$1,867,461,000, 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, $114,837,000, of which not to
exceed $5,000,000 for information technology systems shall
remain available until expended: Provided, That 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, $565,000,000, 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, $9,703,348,000, of which
not to exceed $216,900,000 shall remain available until
expended: Provided, That $5,000,000 shall be for the
Corruption/Civil Rights Section for additional expenses
relating to the enforcement of section 210401 of the Violent
Crime Control and Law Enforcement Act of 1994 (34 U.S.C.
12601), criminal enforcement under sections 241 and 242 of
title 18, United States Code, and administrative enforcement
by the Department of Justice, including compliance with
consent decrees or judgments entered into under such section
210401: Provided further, 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; $51,895,000,
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, $2,331,370,000, 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 multijurisdictional 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.
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,
$1,550,000,000, 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,
[[Page H4018]]
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.
construction
For necessary expenses related to construction of
laboratory facilities, to include the cost of equipment,
furniture, and information technology requirements;
construction or acquisition of buildings, facilities, and
sites by purchase, or as otherwise authorized by law;
conversion, modification and extension of Federally-owned
buildings; and preliminary planning and design of projects;
$5,000,000, to remain available until September 30, 2025.
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, $7,770,000,000 of which not less than
$165,000,000 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, $110,000,000, 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, $525,000,000, 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 of
the amount provided--
(1) $223,000,000 is for grants to combat violence against
women, as authorized by part T of the 1968 Act;
(2) $39,000,000 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) $3,500,000 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) $42,500,000 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) $21,000,000 is for grants to reduce violent crimes
against women on campus, as authorized by section 304 of the
2005 Act;
(9) $47,500,000 is for legal assistance for victims, as
authorized by section 1201 of the 2000 Act;
(10) $6,000,000 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) $17,500,000 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) $6,000,000 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) $4,300,000 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) $2,200,000 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 (Public Law 90-351) (``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 (Public Law
93-415) (``the 1974 Act''); 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
[[Page H4019]]
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); 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,
$88,500,000, 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; and
(2) $43,500,000 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; $1,500,000 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 understand the responses of law enforcement to sex
trafficking of minors; and $3,000,000 is for a national
center on forensics.
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); and the Matthew Shepard and
James Byrd, Jr. Hate Crimes Prevention Act (Public Law 111-
84); and other programs, $2,402,000,000, to remain available
until expended as follows--
(1) $525,000,000 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; $12,500,000
is for an Officer Robert Wilson III memorial initiative on
Preventing Violence Against Law Enforcement and Ensuring
Officer Resilience and Survivability (VALOR); $7,500,000 is
for an initiative to support evidence-based policing;
$8,500,000 is for an initiative to enhance prosecutorial
decision-making; $2,400,000 is for the operationalization,
maintenance and expansion of the National Missing and
Unidentified Persons System; $3,000,000 is for an academic
based training initiative to improve police-based responses
to people with mental illness or developmental disabilities;
$3,000,000 is for a student loan repayment assistance program
pursuant to section 952 of Public Law 110-315; $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); $3,000,000 is for a grant program authorized by
Kevin and Avonte's Law; $3,000,000 is for a regional law
enforcement technology initiative; $20,000,000 is for grants
authorized under the Project Safe Neighborhoods Grant
Authorization Act of 2018 (Public Law 115-185); $2,000,000 is
for a grant to provide a drug field testing and training
initiative; $6,500,000 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; $3,000,000 is for grants to States and units of local
government to deploy managed access systems to combat
contraband cell phone use in prison; $1,500,000 is for a
collaborative mental health and anti-recidivism initiative;
$3,000,000 is for a program to improve juvenile indigent
defense; $9,000,000 is for community-based violence
prevention initiatives; $3,500,000 is for a national center
for restorative justice; $2,000,000 is for grants for
construction, renovation, or upgrades of child-friendly
family visitation spaces in correctional facilities;
$5,000,000 is for the development of best practices for and
the creation of local task forces on public safety innovation
consistent with the requirements as described in section 366
of H.R. 7120 as passed by the House of Representatives on
June 25, 2020; $15,000,000 is for technical assistance grants
to law enforcement agencies, consistent with requirements as
described in section 224 of H.R. 7120 as passed by the House
of Representatives on June 25, 2020, regarding reporting data
on the use of force by law enforcement officers; $5,000,000
is for competitive grants or contracts to law enforcement
agencies, for the purpose of developing and implementing data
collection programs on hit rates for stops and searches by
law enforcement agencies, consistent with requirements as
described in subsections (a) and (b) of section 333 of H.R.
7120 as passed by the House of Representatives on June 25,
2020; $7,200,000 is for grants to support State and local law
enforcement agencies in complying with law enforcement reform
efforts as a result of litigation, including consent decrees,
out-of-court settlements, memoranda of understanding,
findings, technical assistance, and recommendation letters
provided by reform authorities; and $50,000,000 is for
training programs for State and local law enforcement
officers on racial profiling, implicit bias, de-escalation,
use of force and a duty to intervene, and procedural justice:
Provided, That of the grant awards funded from amounts
provided herein and not otherwise specified under this
paragraph, each applicant shall provide assurance that, for
each fiscal year covered by an application, the applicant
will use not less than 10 percent of the total amount of the
grant award for the fiscal year to develop and implement best
practice devices and systems to eliminate racial profiling,
including training to prevent racial profiling and to
encourage more respectful interaction with the public, the
acquisition and use of technology to facilitate the accurate
collection and analysis of data, the development and
acquisition of feedback systems and technologies that
identify law enforcement agents or units of agents engaged
in, or at risk of engaging in, racial profiling or other
misconduct, and the establishment and maintenance of an
administrative complaint procedure or independent auditor
program: Provided further, That of the grant awards funded
from amounts provided herein and not otherwise specified
under this paragraph, each applicant shall provide assurance
that, for each fiscal year covered by an application, the
applicant will use not less than 5 percent of the total
amount of the grant award for the fiscal year to assist law
enforcement agencies of the applicant, including campus
public safety departments, to gain or maintain accreditation
from certified law enforcement accreditation organizations,
consistent with the requirements as described in section 113
of H.R. 7120 as passed by the House of Representatives on
June 25, 2020: Provided further, That of the grant awards
funded from amounts provided herein and not otherwise
specified under this paragraph, each applicant shall provide
assurance that the applicant will use not less than 5 percent
of the total amount of the grant award for the fiscal year to
study and implement effective management, training,
recruiting, hiring, and oversight standards and programs to
promote effective community and problem solving strategies
for law enforcement agencies, consistent with the
requirements as described in section 114 of H.R. 7120 as
passed by the House of Representatives on June 25, 2020:
Provided further, That of the grant awards funded from
amounts provided herein and not otherwise specified under
this paragraph, each applicant shall provide assurance that,
for each fiscal year covered by an application, the applicant
will use not less than 5 percent of the total amount of the
grant award for the fiscal year to develop policies and
procedures in compliance with section 382 of H.R. 7120 as
passed by the House of Representatives on June 25, 2020:
Provided further, That for purposes of this paragraph, the
term ``applicant'' means a recipient and a subrecipient of
funds under a program described in this paragraph: Provided
further, That awards hereunder, shall not be subject to
restrictions or special conditions that are the same as (or
substantially similar to) those, imposed on awards under such
subpart in fiscal year 2018, that forbid interference with
Federal law enforcement;
(2) $251,500,000 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) $95,000,000 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) $14,500,000 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 for a competitive grant program
[[Page H4020]]
for training students in computer forensics and digital
investigation;
(5) $20,500,000 for sex offender management assistance, as
authorized by the Adam Walsh Act, and related activities;
(6) $29,000,000 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) $88,000,000 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) $30,500,000 for Paul Coverdell Forensic Sciences
Improvement Grants under part BB of title I of the 1968 Act;
(10) $142,000,000 for DNA-related and forensic programs and
activities, of which--
(A) $108,000,000 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 is for other local, State, and Federal
forensic activities;
(C) $9,000,000 is for the purposes described in the Kirk
Bloodsworth Post-Conviction DNA Testing Grant Program (Public
Law 108-405, section 412); and
(D) $6,000,000 is for Sexual Assault Forensic Exam Program
grants, including as authorized by section 304 of Public Law
108-405;
(11) $49,000,000 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) $39,500,000 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, and for a research
project on the effectiveness of the model: 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) $77,500,000 for initiatives to improve police-
community relations, of which $27,500,000 is for a
competitive matching grant program for purchases of body-worn
cameras for State, local and Tribal law enforcement,
$30,000,000 is for a justice reinvestment initiative, for
activities related to criminal justice reform and recidivism
reduction, and $20,000,000 is for an Edward Byrne Memorial
criminal justice innovation program;
(16) $412,000,000 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) $85,000,000 for Drug Courts, as authorized by section
1001(a)(25)(A) of title I of the 1968 Act;
(B) $43,000,000 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) $35,000,000 for grants for Residential Substance Abuse
Treatment for State Prisoners, as authorized by part S of
title I of the 1968 Act;
(D) $30,000,000 for a veterans treatment courts program;
(E) $31,000,000 for a program to monitor prescription drugs
and scheduled listed chemical products; and
(F) $188,000,000 for a comprehensive opioid, stimulant, and
substance abuse program;
(17) $2,500,000 for a competitive grant program authorized
by the Keep Young Athletes Safe Act;
(18) $87,000,000 for grants to be administered by the
Bureau of Justice Assistance for purposes authorized under
the STOP School Violence Act;
(19) $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);
(20) $8,000,000 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);
(21) $15,000,000 for a competitive grant pilot program for
qualified nonprofit organizations to provide legal
representation to immigrants arriving at the southwest border
seeking asylum and other forms of legal protection in the
United States; and
(22) $400,000,000 for Law Enforcement Accountability
Grants, of which--
(A) $350,000,000 is for grants to hold law enforcement
accountable in the courts: Provided, That of the amounts
provided under this paragraph, $100,000,000 shall be for
grants to assist States in conducting pattern and practice
investigations at the State level, consistent with the
requirements as described in section 103(b) of H.R. 7120 as
passed by the House of Representatives on June 25, 2020:
Provided further, That of the amounts provided, $250,000,000
shall be for grants to States and Tribal Governments to
assist in implementing statutes providing for independent
investigation of law enforcement officers, consistent with
the requirements as described in section 104 of H.R. 7120 as
passed by the House of Representatives on June 25, 2020; and
(B) $50,000,000 is for Law Enforcement Trust and Integrity
Grant Programs: Provided, That of the amounts provided under
this subparagraph--
(i) $25,000,000 shall be for grants to allow community-
based organizations to study management and operations
standards for law enforcement agencies, consistent with the
requirements as described in subsections (b) and (c) of
section 114 of H.R. 7120 as passed by the House of
Representatives on June 25, 2020; and
(ii) $25,000,000 shall be for grants to develop pilot
programs and implement effective standards and programs,
consistent with the requirements as described in subsections
(c) and (d) of section 114 of H.R. 7120 as passed by the
House of Representatives on June 25, 2020.
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 Juvenile Justice Reform Act of 2018
(Public Law 115-385); and other juvenile justice programs,
$337,000,000, to remain available until expended as follows--
(1) $65,000,000 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) $44,000,000 for delinquency prevention, of which,
pursuant to sections 261 and 262 of the 1974 Act--
(A) $3,000,000 shall be for grants to prevent trafficking
of girls;
(B) $5,000,000 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) $2,000,000 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) $28,500,000 for programs authorized by the Victims of
Child Abuse Act of 1990;
(5) $94,500,000 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); and
(6) $5,000,000 for child abuse training programs for
judicial personnel and practitioners, as authorized by
section 222 of the 1990 Act:
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 upon a determination by the
Attorney General that emergent circumstances require
additional funding for such disability and
[[Page H4021]]
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); and the SUPPORT for Patients and
Communities Act (Public Law 115-271), $343,000,000, 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) $231,000,000 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, $27,000,000 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, $6,500,000 is for
community policing development activities in furtherance of
the purposes in section 1701: 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, $5,000,000 is for
training, peer mentoring, and mental health program
activities as authorized under the Law Enforcement Mental
Health and Wellness Act (Public Law 115-113): Provided
further, That within the amount appropriated under this
paragraph, no less than $4,000,000 is for grant programs to
develop best practices for, and to create, civilian review
boards, consistent with the requirements as described in
section 104(b) of H.R. 7120 as passed by in the House of
Representatives on June 25, 2020.
(2) $11,000,000 is for activities authorized by the POLICE
Act of 2016 (Public Law 114-199);
(3) $13,000,000 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; and
(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).
General Provisions--Department of Justice
(including transfer of funds)
Sec. 201. 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. 202. 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. 203. 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 202 intended to address the philosophical beliefs
of individual employees of the Bureau of Prisons.
Sec. 204. 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. 205. (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. 206. 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. 207. 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 report accompanying this Act, and to any use
of deobligated balances of funds provided under this title in
previous years.
Sec. 208. 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. 209. 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. 210. 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. 211. 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. 212. 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. 213. 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. 214. (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
[[Page H4022]]
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. 215. 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. 216. Notwithstanding section 219 of division B of
Public Law 116--93, section 1930(a)(6)(B) of title 28, United
States Code, shall be applied for fiscal years 2021 and 2022
by substituting ``$300,000,000'' for ``$200,000,000''.
Sec. 217. None of the funds made available by this Act may
be used by the Executive Office for Immigration Review to
implement case performance numeric metrics that are linked to
performance evaluations for individual immigration judges.
Sec. 218. 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--
(a) by striking ``or'' after ``Drug Enforcement
Administration'' and inserting ``, the'', and
(b) by inserting ``, or the United States Marshals
Service'' after ``Federal Bureau of Investigation''.
Sec. 219. None of the funds made available under this Act
for the Edward Byrne Memorial Justice Assistance Grant
program or Community Oriented Policing Services program may
be awarded to a State or unit of local government unless the
United States Attorney General certifies that the State or
unit of local government--
(1) maintains adequate policies and procedures designed to
eliminate racial profiling in law enforcement, and has
eliminated any existing practices that permit or encourage
racial profiling in law enforcement;
(2) requires each law enforcement officer in the State or
unit of local government to complete training programs on
racial profiling, implicit bias, de-escalation, use of force
and a duty to intervene in cases where another law
enforcement officer is using excessive force against a
civilian, and procedural justice;
(3) has in effect a law that prohibits law enforcement
officers in the State or other jurisdiction from using a
chokehold or carotid hold, consistent with the requirements
as described in section 363 of H.R. 7120 as passed by the
House of Representatives on June 25, 2020;
(4) has in effect a law that prohibits law enforcement
officers in the State or other jurisdiction from using less
lethal force, consistent with the requirements as described
in section 364 of H.R. 7120 as passed by the House of
Representatives on June 25, 2020;
(5) has in effect a law that prohibits law enforcement
officers in the State or other jurisdiction from using deadly
force, consistent with the requirements as described in
section 364 of H.R. 7120 as passed by the House of
Representatives on June 25, 2020;
(6) has in effect a law that prohibits the issuance of a
``no-knock warrant'' in a drug case, consistent with the
requirements as described in section 362 of H.R. 7120 as
passed by the House of Representatives on June 25, 2020;
(7) has provided the United States Attorney General a law
enforcement practice report that includes information on the
race, ethnicity, age, and gender of the officers and
employees of the law enforcement agency and of members of the
public involved in--
(A) traffic violation stops;
(B) pedestrian stops;
(C) frisk and body searches;
(D) instances where officers or employees of the law
enforcement agency used deadly force including--
(i) a description of when and where deadly force was used,
and whether it resulted in death;
(ii) a description of deadly force directed against an
officer or employee and whether it resulted in injury or
death; and
(iii) the law enforcement agency's justification for use of
deadly force, if the agency determines it was justified; and
(8) will not make such funds available to a law enforcement
agency that has entered into or renewed any contractual
arrangement, including a collective bargaining agreement with
a labor organization, that--
(A) would prevent the Attorney General from seeking or
enforcing equitable or declaratory relief against a law
enforcement agency engaging in a pattern or practice of
unconstitutional misconduct; or
(B) conflicts with any terms or conditions contained in a
consent decree.
Sec. 220. NATIONAL TASK FORCE ON LAW ENFORCEMENT
OVERSIGHT.
(a) ESTABLISHMENT.--There is established within the
Department of Justice a task force to be known as the Task
Force on Law Enforcement Oversight (hereinafter in this
section referred to as the ``Task Force'').
(b) COMPOSITION.--The Task Force shall be composed of
individuals appointed by the Attorney General, who shall
appoint not less than one individual from each of the
following:
(1) The Special Litigation Section of the Civil Rights
Division;
(2) The Criminal Section of the Civil Rights Division;
(3) The Federal Coordination and Compliance Section of the
Civil Rights Division;
(4) The Employment Litigation Section of the Civil Rights
Division;
(5) The Disability Rights Section of the Civil Rights
Division;
(6) The Office of Justice Programs;
(7) The Office of Community Oriented Policing Services
(COPS);
(8) The Corruption/Civil Rights Section of the Federal
Bureau of Investigation;
(9) The Community Relations Service;
(10) The Office of Tribal Justice; and
(11) The unit within the Department of Justice assigned as
a liaison for civilian review boards.
(c) POWERS AND DUTIES.--The Task Force shall consult with
professional law enforcement associations, labor
organizations, and community-based organizations to
coordinate the process of the detection and referral of
complaints regarding incidents of alleged law enforcement
misconduct.
Sec. 221. None of the funds appropriated by this title
shall be made available for any law enforcement agency of any
State, unit of local government, or Federally recognized
Tribal government unless the Attorney General of the United
States has certified that such agency has begun or completed
the process of obtaining accreditation from a law enforcement
accreditation organization (as defined in section 112(2) of
H.R. 7120 as passed by the House of Representatives on June
25, 2020) approved by the Attorney General.
Sec. 222. None of the funds made available under this Act
for the Edward Byrne Memorial Justice Assistance Grant
program or Community Oriented Policing Services program may
be awarded to a State or unit of local government unless the
United States Attorney General certifies that the State or
unit of local government has in effect a law that--
(1) makes it a criminal offense for any person acting under
color of law of the State or unit of local government to
engage in a sexual act with an individual, including an
individual who is under arrest, in detention, or otherwise in
the actual custody of any law enforcement officer; and
(2) prohibits a person charged with an offense described
herein from asserting the consent of the other individual as
a defense.
In the case of a multi-jurisdictional or regional consortium
that would be eligible to receive funds under the Community
Oriented Policing Services grant program, if any member of
that consortium is a State or unit of local government that
does not have in effect a law described in paragraphs (1) and
(2), that consortium shall not be eligible to receive such
funds.
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 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,
$7,097,500,000, to remain available until September 30, 2022:
Provided, That, $2,021,800,000 shall be for Earth Science;
$2,713,400,000 shall be for Planetary Science; $1,306,200,000
shall be for Astrophysics; $423,000,000 shall be for the
James Webb Space Telescope; and $633,100,000 shall be for
Heliophysics: Provided further, That of the amounts
provided, $403,500,000 is for an orbiter to meet the science
goals for the Jupiter Europa mission as recommended in
previous Planetary Science Decadal surveys: Provided
further, That the National Aeronautics and Space
Administration shall use the Space Launch System, if
available, as the launch vehicles for the Jupiter Europa
missions, plan for an orbiter launch no later than 2025 and a
lander launch no later than 2027, and include in the fiscal
year 2022 budget the 5-year funding profile necessary to
achieve these goals.
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
[[Page H4023]]
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, $819,000,000, 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,
$6,017,600,000, to remain available until September 30, 2022:
Provided, That not less than $1,400,500,000 shall be for the
Orion Multi-Purpose Crew Vehicle: Provided further, That not
less than $2,600,000,000 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: Provided further, That $459,700,000
shall be for Exploration Ground Systems including
infrastructure in support of SLS Block 1B missions: 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 $1,557,400,000 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,
$4,052,200,000, 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, $126,000,000, to remain available
until September 30, 2022, of which $26,000,000 shall be for
the Established Program to Stimulate Competitive Research and
$50,000,000 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, $2,953,400,000, 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, $419,100,000, 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
NASA 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.
National Science Foundation
research and related activities
For necessary expenses in carrying out the National Science
Foundation Act of 1950 (42
[[Page H4024]]
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; $6,967,123,000, 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, $243,230,000, 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, $970,000,000, 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, $12,000,000:
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).
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
$32,600,000 for payments to State and local enforcement
agencies for authorized services to the Commission,
$408,700,000: 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, $105,000,000, 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 $423,400,000 is for basic field
programs and required independent audits; $5,600,000 is for
the Office of Inspector General, of which such amounts as may
be necessary may be used to conduct additional audits of
recipients; $24,000,000 is for management and grants
oversight; $5,000,000 is for client self-help and information
technology; $5,000,000 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 not to exceed 5 percent of any
appropriation made available for the current fiscal year for
the Legal Services Corporation 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 further, That any transfer pursuant to the preceding
proviso 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 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.
[[Page H4025]]
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.) $7,700,000, 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
$2,650,000,000 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 crime victim-related
oversight and auditing purposes; 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
[[Page H4026]]
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 available under
the heading ``National Oceanic and Atmospheric
Administration, Fisheries Enforcement Asset Forfeiture
Fund'', $10,000,000 is hereby permanently rescinded, not
later than September 30, 2021.
(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'', $75,000,000;
(2) ``State and Local Law Enforcement Activities, Office of
Justice Programs'', $70,000,000; and
(3) ``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
[[Page H4027]]
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, 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. 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. 534. In determining the formulation and development
costs of the James Webb Space Telescope for purposes of
section 536 of the Commerce, Justice, Science, and Related
Agencies Appropriations Act, 2020 (division B of Public Law
116-93), such costs shall not be considered to include any
costs directly related to preventing, preparing for, and
responding to the impacts of a global pandemic health crisis.
Sec. 535. None of the funds made available by this Act may
be used by the Bureau of the Census to use information or
records received through data sharing agreements in
contravention of existing law, including sections 9 and 214
of title 13, United States Code.
Sec. 536. None of the funds made available by this Act may
be used to relocate the Bureau of Alcohol, Tobacco, Firearms
and Explosives (ATF) Canine Training Center or the ATF
National Canine Division.
Sec. 537. (a) None of the funds made available to the
Bureau of the Census in this Act or any other Act may be used
to compile or produce any data product or tabulation as part
of, in combination with, or in connection with, the 2020
decennial census of population or any such census data
produced pursuant to section 141(c) of title 13, United
States Code, that is based in whole or in part on data that
is not collected in such census.
(b) The limitation in subsection (a) shall not apply to any
data product or tabulation that is required by sections
141(b) or (c) of such title, that uses the same or
substantially similar methodology and data sources as a
decennial census data product produced by the Bureau of the
Census before January 1, 2019, or that uses a methodology and
data sources that the Bureau of the Census finalized and made
public prior to January 1, 2018.
Sec. 538. None of the funds made available in this Act may
be used to implement the Attorney General Memorandum dated
November 7, 2018, entitled ``Principles and Procedures for
Civil Consent Decrees and Settlement Agreements with State
and Local Governmental Entities''.
Sec. 539. None of the funds made available in this Act may
be used to carry out or support any law enforcement action
taken to support or control a crowd or public demonstration,
by any individual employed by a Federal, State, or local law
enforcement agency unless such individual wears a clearly
visible identification of the law enforcement agency that
vests such individual with authority to carry out or support
such action.
Sec. 540. None of the funds made available in this or any
other Act (including prior Acts and Acts other than
appropriations Acts) may be used for the salaries or expenses
of more than five political and presidential appointees in
the Bureau of the Census.
Sec. 541. None of the funds made available in this Act may
be used to pay any cost to enable the Attorney General of the
United States to travel more than 50 miles from the Robert F.
Kennedy Department of Justice Building in the District of
Columbia.
Sec. 542. Section 510 of division B of Public Law 116-93
is amended--
(a) by inserting ``crime victim-related'' after ``expended
for''; and
(b) by striking ``associated with this section''.
Sec. 543. None of the funds appropriated or otherwise made
available by this Act, or by any other Act making
appropriations or any other funds available, to the
Department of Justice for any fiscal year may be made
available for the salary or expenses of any Federal employee
(including any contract or subcontract employee) who is
responding, pursuant to any Federal authority, to a mass
gathering or public protest in any area under the
jurisdiction of a State, local, Tribal, or territorial
government unless--
(1) such employee wears a uniform that clearly identifies
the Federal agency affiliation of the employee;
(2) if the employee is responding in a civilian capacity,
wears clothing that is not similar to a combat-style uniform
worn by a member of the United States Armed Forces;
(3) any vehicle used by such employee in the course of
performing official functions identifies the Federal agency
affiliation of the employee;
(4) the Department of Justice publishes a notice on its
public-facing website that includes the total numbers and
agency affiliations of employees, contractors, or
subcontractors responding to a mass gathering or public
protest, the specific legal authority under which they are
acting, and a precise statement of their mission;
(5) a policy is in force at the employee's agency that
prohibits the use, at a mass gathering or public protest, of
deadly force or less-lethal force, including but not limited
to rubber bullets and similar projectiles, stun grenades,
flash bangs, and tear gas, unless the employee has a
reasonable belief that the subject of such force poses an
imminent threat of death or serious bodily injury to the
employee or to another person;
(6) a policy is in force at the employee's agency that
prohibits conducting surveillance of, or collecting
intelligence on, persons present at a mass gathering or
public protest, unless such persons are the subject of a
predicated criminal investigation based on a reasonable
suspicion that they are engaged in or preparing to engage in
criminal activity; and
(7) the Department of Justice maintains a complete record
of any law enforcement activities conducted in connection
with the mass gathering or public protest, including any
arrests, detentions, searches, seizures, or uses of force,
and those records are provided to Congress at 48-hour
intervals following the initial deployment of employees to
the mass gathering or protest.
This Act may be cited as the ``Commerce, Justice, Science,
and Related Agencies Appropriations Act, 2021''.
DIVISION C--ENERGY AND WATER DEVELOPMENT AND RELATED AGENCIES
APPROPRIATIONS ACT, 2021
That the following sums are appropriated, out of any money
in the Treasury not otherwise appropriated, for the fiscal
year ending September 30, 2021, and for other purposes,
namely:
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, $151,000,000, to remain
available until expended: Provided, That the Secretary shall
initiate seven 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); $2,619,855,000, 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 one-half 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,
$365,000,000, 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.
operation and maintenance
For expenses necessary for the operation, maintenance, and
care of existing river and harbor, flood and storm damage
reduction, aquatic
[[Page H4028]]
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, $3,838,000,000, to remain available until
expended, of which such sums as are necessary to cover the
Federal share of eligible operation and maintenance costs for
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,
$205,000,000, 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, $210,000,000, 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, $200,000,000, 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
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 25 percent of such amount may be
obligated or expended until the Assistant Secretary submits
to the Committees on Appropriations of both Houses of
Congress 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 report of the
Committee on Appropriations accompanying this Act, to
specific programs, projects, or activities.
GENERAL PROVISIONS--CORPS OF ENGINEERS--CIVIL
(including transfer of funds)
Sec. 101. (a) None of the funds provided in this title
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;
(4) reduces funds that are directed to be used for a
specific program, project, or activity by this Act;
(5) increases funds for any program, project, or activity
by more than $2,000,000 or 10 percent, whichever is less; or
(6) reduces funds for any program, project, or activity by
more than $2,000,000 or 10 percent, whichever is less.
(b) Subsection (a)(1) shall not apply to any project or
activity authorized under section 205 of the Flood Control
Act of 1948, section 14 of the Flood Control Act of 1946,
section 208 of the Flood Control Act of 1954, section 107 of
the River and Harbor Act of 1960, section 103 of the River
and Harbor Act of 1962, section 111 of the River and Harbor
Act of 1968, section 1135 of the Water Resources Development
Act of 1986, section 206 of the Water Resources Development
Act of 1996, or section 204 of the Water Resources
Development Act of 1992.
(c) The Corps of Engineers shall submit reports on a
quarterly basis directly 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. 102. 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. 103. 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. 104. 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. 105. 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. 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. Notwithstanding any other provision of law, none
of the funds appropriated or otherwise made available by this
Act or any prior appropriations Acts for the Civil Works
Program of the United States Army Corps of Engineers may be
committed, obligated, expended, or otherwise used to design
or construct a wall, fence, border barriers, or border
security infrastructure along the southern border of the
United States.
Sec. 109. None of the funds made available by this Act may
be used to issue a permit under section 404 of the Federal
Water Pollution Control Act to a private entity or individual
for the discharge of dredged or fill material from a project
located within Water Conservation Areas 1, 2A, 2B, 3A, or 3B
in the State of Florida, unless discharge is from a project
that is generally available for the general public's or
Tribe's use and benefit and serve a public purpose, which may
include Tribal communities.
Sec. 110. (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 September 30, 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, $20,000,000, 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.
[[Page H4029]]
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, $1,487,000,000, 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 in
accordance with section 4007 of Public Law 114-322, and as
recommended by the Secretary of the Interior in a letter
dated June 22, 2020, funding provided for such purposes in
fiscal years 2017, 2018, and 2019 may be made available to
the Friant-Kern Canal Capacity Correction Resulting from
Subsidence, the Los Vaqueros Reservoir Phase 2 Expansion
Project, the Delta Mendota Canal Subsidence Correction, the
North-of-the-Delta Off stream Storage (Sites Reservoir
Project), the Del Puerto Water District, the San Luis Low
point Improvement Project, the Sacramento Regional Water
Bank, the Boise River Feasibility Study, and the Cle Elum
Pool Raise: Provided further, That no funds may be obligated
or expended for the projects specified in the preceding
proviso until the Secretary of the Interior transmits
recommendations to Congress for projects authorized under
sections 4009(a) and 4009(c) of the Water Infrastructure
Improvements for the Nation Act (Public Law 114-322) and the
Congress enacts a subsequent appropriations act making
appropriations for energy and water development.
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 this title
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 for any program, project, or activity
for which funds have been denied or restricted by this Act;
(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--
(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; 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.
(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 directly 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 (Public Law 111-11; 42 U.S.C.
10364(e)) is amended by striking ``$530,000,000'' and
inserting ``$600,000,000''.
Sec. 204. Title I of the CALFED Bay-Delta Authorization
Act (Public Law 108-361; 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 the Omnibus Public Land
Management Act of 2009 (Public Law 111-11; 123 Stat. 1309) 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; 16 U.S.C. 1015(a))
is amended by striking ``2020'' and inserting ``2021''.
Sec. 207. (a) Section 104(c) of the Reclamation States
Emergency Drought Relief Act of 1991 (Public Law 102-250; 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 (Public Law 102-250; 43 U.S.C. 2241) is
amended by striking ``2020'' and inserting ``2021''.
Sec. 208. Title VI of the Claims Resolution Act (Public
Law 111-291; 42 U.S.C. 1305 note) is amended--
(1) in section 602 by adding at the end-- ``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).''.
``(24) 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).''.
(2) in section 611(f)--
(A) in subparagraph (1)(A) by striking ``$106,400,000'' and
inserting ``$243,400,000'';
(B) by amending subparagraph (B) of paragraph (1) to read
as follows:
``(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
[[Page H4030]]
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
(C) in paragraph (3), by inserting ``and the 611(g)
Agreement'' after ``the Cost-Sharing and System Integration
Agreement'';
(3) in section 617(a)(1)(B)--
(A) by striking ``$50,000,000'' and inserting
``$187,000,000''; and
(B) by striking ``2024'' and inserting ``2028'';
(4) in section 617(a)(4) by striking ``since October 1,
2006, as determined using applicable engineering cost
indices'' and inserting ``pursuant to section 611(f)(1)(B)'';
(5) in section 621 by striking subsection (a) 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.''; and
(6) in section 623(e)--
(A) in paragraph (2)--
(i) by striking ``2021'' and inserting ``2025'';
(ii) by striking ``2024'' and inserting ``2028'';
(B) in paragraph (3), in the matter preceding subparagraph
(A), by striking ``2021'' and inserting ``2025'';
(C) in paragraph (4)(B)(ii)(II), by striking ``2023'' and
inserting ``2027'';
(D) in paragraph (5)(A), by striking ``2024'' and inserting
``2028''.
Sec. 209. None of the funds provided in this Act may be
used for the Shasta Dam and Reservoir Enlargement Project.
Sec. 210. Section 10501 of the Omnibus Public Land
Management Act of 2009 (Public Law 111-11; 43 U.S.C. 407) is
amended--
(1) in subsection (b)(1), by striking ``For each of fiscal
years 2020 through 2029'' and inserting ``For fiscal year
2020 and each fiscal year thereafter'';
(2) in subsection (c)--
(A) in paragraph (1)(A), by striking ``for each of fiscal
years 2020 through 2034'' and inserting ``for fiscal year
2020 and each fiscal year thereafter''; and
(B) in paragraph (3)(C), by striking ``for any authorized
use'' and all that follows through the period at the end and
inserting ``for any use authorized under paragraph (2).'';
and
(3) by striking subsection (f).
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, $2,850,240,000, 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 $806,831
from Public Law 111-8 and $1,433,462 from Public Law 111-85
provided under this heading are 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.
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, $160,000,000, to remain available until
expended: Provided, That of such amount, $13,000,000 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 delivery
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, $195,000,000, to remain available until
expended: Provided, That of such amount, $18,850,000 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, $1,435,800,000, to remain available until
expended: Provided, That of such amount, $79,000,000 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), $727,500,000, to remain available until
expended: Provided, That of such amount $62,115,000 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.), $195,000,000,
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), $7,500,000, 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.), $10,000,000, 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, $315,000,000, 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 the Further Consolidated Appropriations
Act, 2020 (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, $821,583,000,
to be derived from the Uranium Enrichment Decontamination and
Decommissioning Fund, to remain available until expended, of
which $21,284,000 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, $7,050,000,000, to
remain available until expended: Provided, That of such
amount, $188,000,000 shall be available until September 30,
2022, for program direction.
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), $435,000,000, to remain
available until expended: Provided, That of such amount,
[[Page H4031]]
$37,000,000 shall be available until September 30, 2022, for
program direction.
Title 17 Innovative Technology Loan Guarantee Program
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.
Advanced Technology Vehicles Manufacturing Loan Program
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.
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.), $22,250,000, 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.), $252,378,000, 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 $159,000,000.
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, $13,659,617,000, to remain
available until expended: Provided, 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, $2,240,000,000, 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, $53,700,000 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, $454,000,000,
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 one passenger minivan for replacement only,
$6,321,000,000, to remain available until expended:
Provided, That of such amount, $282,093,000 shall be
available until September 30, 2022, for program direction.
Defense Uranium Enrichment Decontamination and Decommissioning
(including transfer of funds)
For an additional amount for atomic energy defense
environmental cleanup activities for Department of Energy
contributions for uranium enrichment decontamination and
decommissioning activities, $821,583,000, to be deposited
into the Defense Environmental Cleanup account which shall be
transferred to the ``Uranium Enrichment Decontamination and
Decommissioning Fund''.
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, $942,300,000, to remain available until
expended: Provided, That of such amount, $346,833,000 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,
[[Page H4032]]
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 $15,000,000 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 $172,000,000 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 transfers 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 directly 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 ``Bill'' column in the ``Department of
Energy'' table included under the heading ``Title III--
Department of Energy'' in the report of the Committee on
Appropriations accompanying this Act.
(e) The amounts made available by this title may be
reprogrammed for any program, project, or activity, and the
Department 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,
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
[[Page H4033]]
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.
Sec. 307. (a) None of the funds made available in this Act
or any other Act for any fiscal year may be used to take an
action described in subsection (b) unless--
(1) the Secretary of Energy submits a written notification
to the Committees on Appropriations of both Houses of
Congress regarding such action, including--
(A) a detailed justification and information about the
assumptions underlying such action; and
(B) with respect to an action described in paragraph (1) or
(3) of such subsection--
(i) a preliminary cost range for the nuclear weapon program
affected by such action;
(ii) the estimated costs for such program during the five-
year period following the notification; and
(iii) the source and amount of funds for such action by
program, project, or activity level.
(2) a period of 15 business days elapses following the date
of such notification.
(b) An action described in this subsection is any of the
following:
(1) Approving the development of a new nuclear weapon or
the modification of a nuclear weapon, including as described
in section 179(d)(8) of title 10, United States Code.
(2) Studying whether to develop a new or modified nuclear
weapon.
(3) Changing the scope of a nuclear weapon program if such
change modifies the cost of such program by $300,000,000 or
more.
Sec. 308. None of the funds made available by this Act or
any other Act making appropriations for energy and water
development and related agencies for any fiscal year may be
used to conduct, or make specific preparations for, any
explosive nuclear weapons test that produces any yield.
Sec. 309. None of the funds made available by this Act or
any other Act making appropriations for energy and water
development and related agencies may be used in furtherance
of working through the Nuclear Weapons Council to guide,
advise, assist, develop, or execute a budget for the National
Nuclear Security Administration.
TITLE IV
INDEPENDENT AGENCIES
Appalachian Regional Commission
For expenses necessary to carry out the programs authorized
by the Appalachian Regional Development Act of 1965, as
amended, notwithstanding 40 U.S.C. 14704, 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 section 3109
of title 5, United States Code, and hire of passenger motor
vehicles, $175,000,000, 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, $15,000,000, 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, $25,000,000, 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, $849,900,000, 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, of which, notwithstanding section
201(a)(2)(c) of the Energy Reorganization Act of 1974 (42
U.S.C. 5841(a)(2)(c)), the use and expenditure shall only be
approved by a majority vote of the Commission: Provided
further, That revenues from licensing fees, inspection
services, and other services and collections estimated at
$729,293,000 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 of the amounts
appropriated under this heading, $10,500,000 shall be for
university research and development in areas relevant to the
Commission's mission, and $5,500,000 shall be for a Nuclear
Science and Engineering Grant Program that will support
multi-year projects that do not align with programmatic
missions but are critical to maintaining the discipline of
nuclear science and engineering: Provided further, That of
the amounts appropriated under this heading, $17,709,000
shall be for activities related to the development of
regulatory infrastructure for advanced nuclear technologies,
and $13,349,000 shall be for international activities, except
that the amounts provided under this proviso shall not be
derived from fee revenues: 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.
[[Page H4034]]
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 report of the Committee on
Appropriations accompanying this 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 report of the
Committee on Appropriations accompanying this 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
report of the Committee on Appropriations accompanying this
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.
TITLE VI
ADDITIONAL INFRASTRUCTURE INVESTMENTS
DEPARTMENT OF THE ARMY
Corps of Engineers--Civil
investigations
For an additional amount for ``Investigations'',
$110,000,000, to remain available until expended, for
necessary expenses related to the completion, or initiation
and completion, of studies which are currently authorized or
which are authorized after the date of enactment of this Act:
Provided, That the Secretary may initiate additional new
project starts with funds provided in this paragraph, without
regard to other limitations in 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.
construction
For an additional amount for ``Construction'',
$10,000,000,000, to remain available until expended, of which
not less than $500,000,000 shall be for water-related
environmental infrastructure assistance and $3,000,000,000
shall be for inland waterways projects: Provided, That
section 102 of Public Law 109-103 (33 U.S.C. 2221) shall not
apply to funds provided in this paragraph: Provided further,
That notwithstanding any other provision of law, section 102
of the Water Resources Development Act of 1986 (Public Law
99-662; 33 U.S.C. 2212) shall not apply to funds provided in
this paragraph: Provided further, That the Secretary may
initiate additional new construction starts with funds
provided in this paragraph without regard to section 110 of
this Act: Provided further, That the limitation concerning
total project costs in section 902 of the Water Resources
Development Act of 1986 (Public Law 99-662; 33 U.S.C. 2280),
as amended, shall not apply to any project receiving funds
provided in this paragraph: Provided further, That funds
appropriated in this paragraph may be used by the Secretary
of the Army, acting through the Chief of Engineers, to
undertake work authorized to be carried out in accordance
with section 14 of the Flood Control Act of 1946 (33 U.S.C.
701r), section 205 of the Flood Control Act of 1948 (33
U.S.C. 701s), section 206 of the Water Resources Development
Act of 1996 (Public Law 104-303; 33 U.S.C. 2330), or section
1135 of the Water Resources Development Act of 1986 (Public
Law 99-662; 33 U.S.C. 2309a), notwithstanding the program
cost limitations set forth in those sections: 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.
mississippi river and tributaries
For an additional amount for ``Mississippi River and
Tributaries'', $875,000,000, to remain available until
expended, of which $150,000,000 shall be used for necessary
expenses to address emergency situations at Corps of
Engineers Federal projects caused by natural disasters:
Provided, That the Secretary may initiate additional new
study starts and additional new construction starts with
funds provided under this paragraph without regard to other
limitations in this Act: Provided further, That the
limitation concerning total project costs in section 902 of
the Water Resources Development Act of 1986 (Public Law 99-
662; 33 U.S.C. 2280), as amended, shall not apply to any
project receiving funds provided in this paragraph: Provided
further, That funds provided in this paragraph may not be
used to update the final determination 73 Fed. Reg. 54398
(September 19, 2008) or to construct or provide for the
construction of ``Alternative 5'' as described in the
Reformulation Main Report and Final Supplemental
Environmental Impact Statement released by the Corps of
Engineers in November 2007: 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.
operation and maintenance
For an additional amount for ``Operation and Maintenance'',
$5,000,000,000, to remain available until expended, of which
$655,000,000 shall be used for necessary expenses to dredge
Federal navigation projects in response to, and repair
damages to Corps of Engineers Federal projects caused by,
natural disasters: Provided, That section 9006 of the Water
Resources Development Act of 2007 (Public Law 110-114; 33.
U.S.C. 3305) shall not apply to funds provided in this
paragraph: 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.
regulatory program
For an additional amount for ``Regulatory Program'',
$50,000,000, to remain available until expended, for expenses
necessary to carry out the administration of laws pertaining
to regulation of navigable waters and wetlands: 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.
formerly utilized sites remedial action program
For an additional amount for ``Formerly Utilized Sites
Remedial Action Program'', $500,000,000, to remain available
until expended: 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.
[[Page H4035]]
flood control and coastal emergencies
For an additional amount for ``Flood Control and Coastal
Emergencies'', $415,000,000, to remain available until
expended, for necessary expenses 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: Provided, That funding
utilized for authorized shore protection projects shall
restore such projects to the full project profile at full
Federal expense: 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.
expenses
For an additional amount for ``Expenses'', $50,000,000, to
remain available until expended, for necessary expenses to
administer and oversee the obligation and expenditure of
amounts provided in this title for the Corps of Engineers:
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 THE INTERIOR
Bureau of Reclamation
water and related resources
(including transfers of funds)
For an additional amount for ``Water and Related
Resources'', $3,000,000,000, to remain available until
expended, of which--
(1) $50,000,000 shall be for water reclamation and reuse
projects authorized under title XVI of the Reclamation
Projects Authorization and Adjustment Act of 1992 (Public Law
102-575);
(2) not less than $300,000,000 shall be for WaterSMART
grants;
(3) not less than $200,000,000 shall be for construction
activities, for which the Federal share of the cost shall not
be more than 50 percent and for which the non-Federal share
of not less than 50 percent may be provided in cash or in-
kind, related to projects found to be feasible by the
Secretary of the Interior and which are ready to initiate for
the repair of critical Reclamation canals where operational
conveyance capacity has been seriously impaired by factors
such as age or land subsidence, focusing on those that would
imminently jeopardize Reclamation's ability to meet water
delivery obligations;
(4) not less than $605,000,000 shall be used for titles
III, IV, V, and VI of the Claims Resolution Act of 2010
(Public Law 111-291), as amended, title III, subtitle G of
the Water Infrastructure Improvements for the Nation Act
(Public Law 114-322), title X, subtitle B, part III of the
Omnibus Public Land Management Act of 2009 (Public Law 111-
11), and the Arizona Water Settlements Act (Public Law 108-
451), as amended;
(5) not less than $100,000,000 shall be used for rural
water projects and shall include water intake and treatment
facilities of such projects;
(6) $100,000,000 shall be for Environmental Restoration and
Compliance;
(7) $8,500,000 shall be for activity associated with
emergency remediation or repair of any Reclamation facility
which has had a failure or there is imminent threat of
failure in 2020, in order to restore and maintain water
deliveries for irrigation;
(8) $100,000,000 shall be transferred to the Department of
the Interior for programs, projects, and activities
authorized by the Central Utah Project Completion Act (titles
II-V of Public Law 102-575), of which $1,300,000 shall be
transferred to the ``Central Utah Project Completion
Account'' for use by the Utah Reclamation and Mitigation and
Conservation Commission for emergency assistance;
(9) $250,000,000 shall be for programs, projects, and
activities authorized by the Central Valley Project
Improvement Act (Public Law 102-575);
(10) $250,000,000 shall be for programs, projects, and
activities authorized by Title I of the California Bay-Delta
Restoration Act (Public Law 108-361), as amended; and
(11) $200,000,000 shall be for Section 10004 of the Omnibus
Public Land Management Act of 2009 (Public Law 111-11):
Provided, That funds provided under this heading in this
title may not be used for the Shasta Dam and Reservoir
Enlargement Project: 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 ENERGY
Energy Efficiency and Renewable Energy
For an additional amount for ``Energy Efficiency and
Renewable Energy'', $7,780,000,000, to remain available until
expended, of which--
(1) $3,000,000,000 shall be for the Weatherization
Assistance Program under part A of title IV of the Energy
Conservation and Production Act (Public Law 94-385; 42 U.S.C.
6861 et seq.), of which $300,000,000 shall be for
enhancements and innovation as described in section 603 of
this Act, and $2,000,000 shall be for training and technical
assistance to strengthen and increase weatherization
apprenticeship pathways;
(2) $730,000,000 shall be for the State Energy Program
authorized under part D of title III of the Energy Policy and
Conservation Act (Public Law 94-163; 42 U.S.C. 6321 et seq);
(3) $2,000,000,000 shall be for Energy Efficiency and
Conservation Block Grants for implementation of programs
authorized under subtitle E of title V of the Energy
Independence and Security Act of 2007 (Public Law 110-140; 42
U.S.C. 17151 et seq.), of which $1,500,000,000 is available
through the formula in subtitle E;
(4) $1,000,000,000 shall be for the Vehicles Technologies
Office to develop electric and alternative vehicle
infrastructure;
(5) $500,000,000 shall be for the Advanced Manufacturing
Office, of which--
(A) $250,000,000 shall be for battery supply chain support;
(B) $125,000,000 shall be for a grant program to improve
energy efficiency at water and wastewater plants; and
(C) $125,000,000 shall be for a domestic manufacturing
conversion grant program authorized under section 132 of
subtitle B in title I of the Energy Independence and Security
Act of 2007 (Public Law 110-140; 42 U.S.C. 17011 et seq);
(6) $200,000,000 shall be for grants to deploy solar and
distributed energy systems in low-income and underserved
communities, for which no cost share is required;
(7) $100,000,000 shall be for the Hydrogen and Fuel Cell
Technologies Office for H2@Scale demonstration and deployment
activities related to hydrogen production, storage,
transport, and infrastructure;
(8) $230,000,000 shall be for facilities and
infrastructure; and
(9) $20,000,000 shall be for program direction:
Provided, That funds provided under this heading in this
title may not be used for any activities related to the
Energy Materials and Processing at Scale Research Facility:
Provided further, That notwithstanding section 3304 of title
5, United States Code, and without regard to the provisions
of sections 3309 through 3318 of such title 5, the Secretary
of Energy, upon a determination that there is a severe
shortage of candidates or a critical hiring need for
particular positions to carry out the activities funded under
this heading in this title, may from within the funds
provided under this heading in this title, recruit and
directly appoint highly qualified individuals into the
competitive service: Provided further, That such authority
shall not apply to positions in the Excepted Service or the
Senior Executive Service: Provided further, That any action
authorized herein shall be consistent with the merit
principles of section 2301 of such title 5, and the
Department shall comply with the public notice requirements
of section 3327 of such title 5: 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.
Electricity
For an additional amount for ``Electricity'',
$3,350,000,000, to remain available until expended, for
necessary expenses related to grid modernization programs, of
which--
(1) $2,000,000,000 shall be for grants and demonstrations
to enhance the resilience, reliability, and energy security
of electric infrastructure, to improve preparedness and
restoration time to mitigate power disturbances, to continue
delivery of power to critical facilities and electricity-
dependent essential services, to enhance regional grid
resilience, and to facilitate greater incorporation of
renewable energy generation;
(2) $56,500,000 shall be for construction of the Grid
Storage Launchpad;
(3) $500,000,000 shall be for energy storage demonstration
projects across a portfolio of technologies and approaches;
and
(4) not less than $770,500,000 shall be for grants to
manufacturers in the United States for the manufacturing of
advanced batteries and components:
Provided, That the Secretary shall ensure regional diversity
among eligible entities that receive the funds for grants,
technical assistance, and demonstrations provided under this
heading in this title: Provided further, That funds provided
for these activities shall not be subject to cost share
requirements for state, local, and other government
recipients: Provided further, That notwithstanding section
3304 of title 5, United States Code, and without regard to
the provisions of sections 3309 through 3318 of such title 5,
the Secretary of Energy, upon a determination that there is a
severe shortage of candidates or a critical hiring need for
particular positions to carry out the activities funded under
this heading in this title, may from within the funds
provided under this heading in this title, recruit and
directly appoint highly qualified individuals into the
competitive service: Provided further, That such authority
shall not apply to positions in the Excepted Service or the
Senior Executive Service: Provided further, That any action
authorized herein shall be consistent with the merit
principles of section 2301 of such title 5, and the
Department shall comply with the public notice requirements
of section 3327 of such title 5: 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.
Nuclear Energy
For an additional amount for ``Nuclear Energy'',
$1,250,000,000, to remain available until expended, of
which--
(1) $700,000,000 shall be for the Advanced Reactor
Demonstration Program;
(2) not less than $192,300,000 shall be for the Advanced
Small Modular Reactor program: Provided, That the cost share
for any demonstration project shall be up to 50 percent from
the Department and not less than 50 percent from non-federal
sources: Provided further, That any demonstration project
must meet the following criteria:
(A) technical feasibility that the demonstration can be
operational in five to seven years;
(B) likelihood that the design can be licensed for safe
operations by the Nuclear Regulatory Commission;
(C) use of certified fuel design or demonstration of a
clear path to certification within five to seven years;
(D) affordability of the design for full-scale construction
and cost of electricity generation;
(E) ability of the team to provide its portion of the cost
share; and
(F) technical abilities and qualifications of teams
desiring to demonstrate a proposed advanced nuclear reactor
technology;
[[Page H4036]]
(3) $100,000,000 shall be for integrated hydrogen-nuclear
demonstration projects;
(4) $66,000,000 shall be for construction of the Sample
Preparation Laboratory;
(5) $61,700,000 shall be for Materials and Fuels Complex
Plant Health Investments; and
(6) $125,000,000 shall be for Advanced Test Reactor
Recapitalization:
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.
Fossil Energy Research and Development
For an additional amount for ``Fossil Energy Research and
Development'', $1,250,000,000, to remain available until
expended, of which--
(1) $750,000,000 shall be for a carbon capture and
utilization technology commercialization program to improve
the efficiency, effectiveness, cost, and environmental
performance of fossil fuel-fired facilities, including the
industrial sector, through front end engineering design,
commercial demonstration of advanced carbon capture
technology projects, commercial demonstration of direct air
capture technology projects, and commercialization projects
of large-scale carbon dioxide storage sites in saline
geological formations, including activities exploring,
categorizing, and developing storage sites and necessary
pipeline infrastructure;
(2) not less than $239,500,000 shall be for demonstrations
of negative emissions technologies;
(3) $23,000,000 shall be for Joule 2 and Joule 3;
(4) $25,000,000 shall be for the Computational Science and
Engineering Center;
(5) $25,000,000 shall be for the Extreme Condition Reactive
Fluids Lab;
(6) $25,000,000 shall be for the Materials and Minerals
Characterization Center;
(7) $25,000,000 shall be for the Combustion Development
Facility;
(8) $25,000,000 shall be for the Direct Air Capture Center;
(9) $20,000,000 shall be for the Center for Data Analytics
and Machine Learning;
(10) $15,000,000 shall be for the Advanced Alloy
Development Facility;
(11) $15,000,000 shall be for the Carbon Utilization
Center;
(12) $15,000,000 shall be for the Scale-up Phenomena
Laboratory;
(13) $10,000,000 shall be for Materials Engineering
Manufacturing laboratory upgrades;
(14) $9,500,000 shall be for NETL campus infrastructure
utilities;
(15) $8,000,000 shall be for the Geological Environmental
Science Center;
(16) $6,000,000 shall be for Cross Cutting Research and
Innovation Center laboratory renovations; and
(17) $4,000,000 shall be for demolition of excess and aging
infrastructure:
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.
Non-Defense Environmental Cleanup
For an additional amount for ``Non-Defense Environmental
Cleanup'', $200,000,000, to remain available until expended,
of which--
(1) $50,500,000 shall be for the Moab Uranium Mill Tailings
Remedial Action Project;
(2) $48,000,000 shall be for the Energy Technology
Engineering Center;
(3) $45,500,000 shall be for Lawrence Berkeley National
Laboratory; and
(4) $56,000,000 shall be for the West Valley Demonstration
Project:
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.
Uranium Enrichment Decontamination and Decommissioning Fund
For an additional amount for ``Uranium Enrichment
Decontamination and Decommissioning Fund'', $240,000,000, to
remain available until expended, for necessary expenses
related to cleanup of uranium gaseous diffusion plants, of
which $120,000,000 shall be for the Portsmouth Gaseous
Diffusion Plant Site and $120,000,000 shall be for the
Paducah Gaseous Diffusion Site: 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.
Science
For an additional amount for ``Science'', $6,250,000,000,
to remain available until expended, for necessary expenses
related to scientific infrastructure, of which--
(1) $340,000,000 shall be for procurement of the exascale
systems at the Argonne Leadership Computing Facility;
(2) $332,000,000 shall be for procurement of the exascale
systems at the Oak Ridge Leadership Computing Facility;
(3) $75,000,000 shall be for equipment and infrastructure
for the Quantum Information Science Research Centers;
(4) $100,000,000 shall be for existing advanced computing
systems at the Leadership Computing Facilities;
(5) $20,000,000 shall be for power upgrades at the National
Energy Research Scientific Computing Center;
(6) $4,530,000 shall be for the Exascale Computing Project;
(7) $2,250,000 shall be for ESnet;
(8) $1,500,000 shall be for National Energy Research
Scientific Computing Center 9 infrastructure;
(9) $1,300,000 shall be for the Argonne Leadership
Computing Facility;
(10) $700,000 shall be for the Oak Ridge Leadership
Computing Facility;
(11) $50,000,000 shall be for Environmental Molecular
Sciences Laboratory equipment upgrades;
(12) $50,000,000 shall be for Joint Genome Institute
equipment upgrades;
(13) $50,000,000 shall be for Atmospheric Radiation
Measurement User Facility fixed and mobile sites equipment
upgrades;
(14) $214,000,000 shall be for the Linac Coherent Light
Source-II-High Energy;
(15) $207,300,000 shall be for the Spallation Neutron
Source Second Target Station;
(16) $200,000,000 shall be for Ames main building
modernization;
(17) $170,000,000 shall be for the Advanced Light Source
Upgrade;
(18) $151,000,000 shall be for the Advanced Photon Source
Upgrade;
(19) $91,200,000 shall be for the Spallation Neutron Source
Proton Power Upgrade;
(20) $75,000,000 shall be for the Linac Coherent Light
Source-II;
(21) $73,000,000 shall be for the Cryomodule Repair &
Maintenance Facility;
(22) $60,000,000 shall be for Nanoscale Science Research
Centers Recapitalization;
(23) $59,500,000 shall be for NSLS-II Experimental Tools-
II;
(24) $65,000,000 shall be for ITER;
(25) $110,000,000 shall be for the Matter in Extreme
Conditions Upgrade;
(26) $134,254,000 shall be for Materials Plasma Exposure
experiment equipment;
(27) $641,000,000 shall be for Long Baseline Neutrino
Facility;
(28) $284,380,000 shall be for the Proton Improvement Plan
II;
(29) $200,300,000 shall be for Large Hadron Collider
computing and equipment;
(30) $100,000,000 shall be for Wilson Hall renovations;
(31) $62,000,000 shall be for Cosmic Microwave Background -
Stage 4;
(32) $9,000,000 shall be for Muon to Electron Conversion
Experiment equipment;
(33) $6,000,000 shall be for Super Cryogenic Dark Matter
Search equipment;
(34) $2,100,000 shall be for the Large Synoptic Survey
Telescope project;
(35) $448,200,000 shall be for the Electron Ion Collider;
(36) $202,900,000 shall be for the U.S. Stable Isotope
Production and Research Center;
(37) $145,500,000 shall be for Ton Scale Neutrinoless
Double Beta Decay equipment;
(38) $87,000,000 shall be for the High Rigidity
Spectrometer;
(39) $45,000,000 shall be for isotope capabilities at the
Facility for Rare Isotope Beams;
(40) $43,100,000 shall be for Measurement of a Lepton-
Lepton Electroweak Reaction equipment;
(41) $39,100,000 shall be for the Gamma-Ray Energy Tracking
Array;
(42) $2,400,000 shall be for Super Pioneering High Energy
Nuclear Interaction Experiment equipment;
(43) $1,000,000 shall be for Facility for Rare Isotope
Beams construction;
(44) $77,000,000 shall be for the Utilities Infrastructure
Project;
(45) $65,000,000 shall be for the ORNL Infrastructure
Improvements project;
(46) $63,000,000 shall be for the Linear Assets
Modernization Project;
(47) $211,036,000 shall be for General Plant Projects;
(48) $73,000,000 shall be for the Argonne Utilities Upgrade
project;
(49) $107,000,000 shall be for the Critical Utilities
Infrastructure Revitalization project;
(50) $52,000,000 shall be for the Critical Utilities
Rehabilitation Project;
(51) $83,750,000 shall be for the BioEPIC Building;
(52) $59,000,000 shall be for the Princeton Plasma
Innovation Center;
(53) $70,000,000 shall be for CEBAF Renovation and
Expansion;
(54) $59,500,000 shall be for the Critical Infrastructure
Recovery and Renewal project;
(55) $75,400,000 shall be for the Seismic and Safety
Modernization project;
(56) $50,000,000 shall be for the Craft Resource Facility;
(57) $45,000,000 shall be for the Large Scale Collaboration
Center;
(58) $43,000,000 shall be for the Science User Support
Center;
(59) $39,750,000 shall be for the Translational Research
Capacity construction project;
(60) $28,000,000 shall be for the Ames Infrastructure
Modernization project;
(61) $5,750,000 shall be for the Energy Sciences Capability
project;
(62) $5,500,000 shall be for the Integrated Engineering
Research Center;
(63) $1,400,000 shall be for Tritium System Demolition and
Disposal;
(64) $1,300,000 shall be for the Core Facility
Revitalization construction project;
(65) $1,000,000 shall be for the Electrical Capacity and
Distribution Capability project;
(66) $65,000,000 shall be for the TJNAF Infrastructure
Improvement project; and
(67) $12,100,000 shall be for addressing Office of Science
cybersecurity infrastructure deficiencies:
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.
Advanced Research Projects Agency--Energy
For an additional amount for ``Advanced Research Projects
Agency--Energy'', $250,000,000, to remain available until
expended, for necessary expenses for demonstration projects:
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.
[[Page H4037]]
Office of Indian Energy Policy and Programs
For an additional amount for ``Office of Indian Energy
Policy and Programs'', $150,000,000, to remain available
until expended, for necessary expenses for the development
and deployment of energy infrastructure on Indian lands that
results in the reduction of energy costs, assistance in
economic development, and electrification in tribal
communities: Provided, That such funds shall not be subject
to cost share requirements: 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.
Office of the Inspector General
For an additional amount for ``Office of the Inspector
General'', $20,000,000, to remain available until expended,
for necessary expenses of the Office of the Inspector General
in carrying out the provisions of the Inspector General Act
of 1978 (Public Law 95-452), as amended, and for providing
oversight of the funds provided for the Department of Energy
in 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.
Defense Environmental Cleanup
For an additional amount for ``Defense Environmental
Cleanup'', $2,685,000,000, to remain available until
expended, of which--
(1) $941,000,000 shall be for the Hanford Site, of which--
(A) $350,000,000 shall be for site infrastructure upgrades;
(B) $230,000,000 shall be for tank farm infrastructure;
(C) $175,000,000 shall be for Area 105 K West Basin
disposition;
(D) $71,000,000 shall be for Area 300/296 Waste Site
remediation;
(E) $50,000,000 shall be for River Corridor decontamination
and decommissioning;
(F) $35,000,000 shall be for tank farm evaporator upgrades;
and
(G) $30,000,000 shall be for A/AX farms single shell tank
retrievals;
(2) $711,000,000 shall be for the Savannah River Site, of
which--
(A) $200,000,000 shall be for H Canyon Basin Dewatering
Project;
(B) $140,000,000 shall be for building 235-F
decontamination and decommissioning;
(C) $82,000,000 shall be for utilities system upgrades;
(D) $75,000,000 shall be for roads and related
infrastructure;
(E) $75,000,000 shall be for critical spares and
infrastructure at the Defense Waste Processing Facility;
(F) $60,000,000 shall be for Separations Engineering
Development decontamination and decommissioning;
(G) $32,000,000 shall be for Salt Disposal Units 8-12;
(H) $25,000,000 shall be for the Nuclear Materials Storage
Vault; and
(I) $22,000,000 shall be for Defense Waste Processing
Facility laboratory instruments and computers;
(3) $375,000,000 shall be for the Waste Isolation Pilot
Plant, of which--
(A) $200,000,000 shall be for the Hoist Capability Project;
(B) $90,000,000 shall be for the Safety Significant
Ventilation Confinement System;
(C) $55,000,000 shall be for shipping system upgrades and
shielded containers; and
(D) $30,000,000 shall be for underground combustion fume
reduction activities;
(4) $240,000,000 shall be for the Idaho Site, of which--
(A) $124,000,000 shall be for accelerated cleanup,
decontamination and decommissioning, and groundwater;
(B) $72,000,000 shall be for infrastructure improvements,
(C) $24,000,000 shall be for shielded containers and assay
equipment; and
(D) $20,000,000 shall be for Idaho Nuclear Technology and
Engineering Center infrastructure;
(5) $140,000,000 shall be for the Oak Ridge Site, of
which--
(A) $90,000,000 shall be for Y-12 National Security Complex
and Oak Ridge National Laboratory excess facilities
decontamination and decommissioning;
(B) $30,000,000 shall be for liquid gaseous waste operating
facilities decontamination and decommissioning; and
(C) $20,000,000 shall be for Transuranic Waste Processing
Center infrastructure;
(6) $170,000,000 shall be for Lawrence Livermore National
Laboratory excess facilities decontamination and
decommissioning;
(7) $58,000,000 shall be for Los Alamos excess facilities
decontamination and decommissioning; and
(8) $50,000,000 shall be for Los Alamos middle DP road site
investigation and remediation:
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.
Other Defense Activities
For an additional amount for ``Other Defense Activities'',
$50,000,000, to remain available until expended, for
necessary expenses related to secure compartmented
intelligence facility infrastructure and IT modernization:
Provided, That funds made available under this paragraph for
intelligence activities are deemed to be specifically
authorized by Congress for purposes of section 504 of the
National Security Act of 1947 (50 U.S.C. 3094): 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--ADDITIONAL INFRASTRUCTURE INVESTMENTS
Sec. 601. The heads of agencies funded under this title
shall submit a monthly report to the Committees on
Appropriations of the House of Representatives and the Senate
detailing the allocation, obligation, and expenditures of
these funds, including new projects selected to be initiated
with funds provided in this title, beginning not later than
45 days after the date of enactment of this Act.
Sec. 602. The Secretary of Energy shall, in consultation
with the Secretaries of Health and Human Services, Housing
and Urban Development, and Veterans Affairs, develop an
inter-agency collaboration effort to increase cross-
participation in the Department of Energy's Weatherization
Assistance Program, the Department of Health and Human
Services Low Income Home Energy Assistance Program, the HUD
Lead Hazard Control and Healthy Homes Program, and the
Department of Veterans Affairs.
Sec. 603. The Secretary of Energy shall, within funds made
available in this title, distribute funds to WAP grantees via
the formula in part A of title IV of the Energy Conservation
and Production Act (Public Law 94-385; 42 U.S.C. 6861 et
seq.), for the purpose of innovative activities that will
increase the number of dwelling units that become
weatherization-ready through critical repairs, promote the
deployment of renewable energy systems and emerging
technologies, include community-based weatherization
concepts, and improve indoor environments through healthy
homes measures. Grantees may also use such funds for
innovative outreach and education, quality control of work
performed, data collection, measurement, verification,
program monitoring, oversight, evaluation, reporting,
training, and planning related to such work. Such funding is
not subject to the savings-to-investment ratio requirements
in 10 CFR Sec. 440.21.
Sec. 604. (a) Section 415(c)(1) of the Energy Conservation
and Production Act (Public Law 94-385; 42 U.S.C. 6865(c)(1))
is amended by striking ``$6,500'' and inserting ``$10,000''.
(b) Section 415(a)(1) of the Energy Conservation and
Production Act (Public Law 94-385; 42 U.S.C. 6865(a)(1)) is
amended by striking ``10 percent'' and inserting ``12.5
percent''.
(c) Paragraph (2) of section 415(c) of the Energy
Conservation and Production Act (Public Law 94-385; 42 U.S.C.
6865(c)(2)) 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.''.
Sec. 605. (a) No later than 6 months after the date of
enactment of this Act, the Secretary of Energy, in
coordination with the Secretary of Commerce, shall--
(1) determine any geographic area within the contiguous
United States that lacks a Federal power marketing agency;
(2) develop a plan or criteria for the geographic areas
identified in paragraph (1) regarding investment in renewable
energy and associated infrastructure within an area
identified in paragraph (1); and
(3) identify any Federal agency within an area in paragraph
(1) that has, or could develop, the ability to facilitate the
investment in paragraph (2).
(b) The Secretary of Energy, in coordination with the
Secretary of Commerce, shall provide the determinations made
under subsection (a) to the Committee on Appropriations and
the Committee on Energy and Commerce of the House of
Representatives.
(c) Based upon the determinations made pursuant to
subsection (a), the Secretary of Energy, in coordination with
the Secretary of Commerce, shall recommend to the Committee
on Energy and Commerce of the House of Representatives the
establishment of any new Federal lending authority, including
authorization of additional lending authority for existing
Federal agencies, not to exceed $3,500,000,000 per geographic
area identified in subsection (a)(1).
(d) There is hereby appropriated $25,000,000 to carry out
this section.
(e) The amounts provided by this section 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. 606. (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).
[[Page H4038]]
(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).
This Act may be cited as the ``Energy and Water
Development and Related Agencies Appropriations Act, 2021''.
DIVISION D--FINANCIAL SERVICES AND GENERAL GOVERNMENT APPROPRIATIONS
ACT, 2021
That the following sums are appropriated, out of any money
in the Treasury not otherwise appropriated, for the fiscal
year ending September 30, 2021, and for other purposes,
namely:
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, $231,861,000: 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 $0.
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, $172,751,000, 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, $6,000,000, 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;
$171,350,000, 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, $341,069,000; of which not to exceed
$7,733,000, 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, $121,804,000; 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:
[[Page H4039]]
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, $273,500,000. Of the amount appropriated
under this heading--
(1) not less than $171,000,000, 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 $2,375,000 may be used for
the cost of direct loans, and 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: 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 $16,000,000, 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 $25,000,000 is available until September
30, 2022, for the Bank Enterprise Award program;
(4) not less than $22,000,000, 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 $10,000,000 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 $29,500,000 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, 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,
$2,602,554,000, 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 $28,000,000,
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, $5,206,246,000, of which not to exceed
$250,000,000 shall remain available until September 30, 2022,
and of which not less than $60,257,000 shall be for the
Interagency Crime and Drug Enforcement program.
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;
$4,057,691,000, of which not to exceed $250,000,000 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 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 detailing the cost
and schedule performance for its major information technology
investments, including the purpose and life-cycle stages of
the investments; the reasons for any cost and schedule
variances; the risks of such investments and strategies the
Internal Revenue Service is using to mitigate such risks; and
the expected developmental milestones to be achieved and
costs to be incurred in the next quarter: 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, $250,000,000, 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 detailing the cost and schedule
performance for major information technology investments,
including the purposes and life-cycle stages of the
investments; the reason for any cost and schedule variances;
the risks of such investments and the strategies the Internal
Revenue Service is using to mitigate such risks; and the
expected developmental milestones to be achieved and costs to
be incurred in the next quarter.
administrative provisions--internal revenue service
(including transfers 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.
[[Page H4040]]
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).
Sec. 111. There is hereby established in the Treasury of
the United States a fund to be known as the ``Internal
Revenue Service Nonrecurring Expenses Fund'': Provided,
That unobligated balances of expired discretionary funds
appropriated in this or any succeeding fiscal year from the
General Fund of the Treasury to the Internal Revenue Service
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 Internal Revenue Service Nonrecurring
Expenses Fund: Provided further, That amounts deposited in
the Fund pursuant to this section shall remain available for
obligation for three fiscal years after the fiscal year of
such transfer, and in addition to such other funds as may be
available for such purposes, for facilities and information
technology expenses: Provided further, That transfer
authority under this section shall be in addition to any
other transfer authority provided in this Act: 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 15 days
in advance of the planned use of funds: Provided further,
That the Internal Revenue Service shall include in the annual
operating plan required under section 608 of this Act a
report on the unobligated balances of the Internal Revenue
Service Nonrecurring Expenses Fund and a plan for the use of
such funds.
Administrative Provisions--Department of the Treasury
(including transfers of funds)
Sec. 112. 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. 113. Not to exceed 2 percent of any appropriations in
this title made available under the headings ``Departmental
Offices--Salaries and Expenses'', ``Office of Terrorism and
Financial Intelligence'' , ``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. 114. 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. 115. 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. 116. 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. 117. 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. 118. 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. 119. 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. 120. 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. 121. 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. 122. 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. 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. Notwithstanding any other provision of law, none
of the funds available in the Department of the Treasury
Forfeiture Fund established by section 9705 of title 31,
United States Code, may be obligated, expended, or used to
plan, design, construct, or carry out a project to construct
a wall, barrier, fence, or road along the southern border of
the United States, or a road to provide access to a wall,
barrier, or fence constructed along the southern border of
the United States.
[[Page H4041]]
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, 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), $1,625,000, 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, $12,500,000, 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,
$96,000,000, 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.
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, $107,245,000, 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, $1,300,000.
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; 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
[[Page H4042]]
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, $123,965,000, 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; $10,000,000 for anti-doping activities;
up to $2,715,000 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.
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, $11,491,000, 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 10 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.
Sec. 204. (a) Beginning not later than 10 days after the
date of enactment of this Act and until the requirements of
subsection (b) are completed, the Office of Management and
Budget shall provide to the Committees on Appropriations and
the Budget of the House of Representatives and the Senate
each document apportioning an appropriation, pursuant to
section 1513(b) of title 31, United States Code, approved by
the Office of Management and Budget, including any associated
footnotes, not later than 2 business days after the date of
approval of such apportionment by the Office of Management
and Budget.
(b) Not later than 90 days after the date of enactment of
this Act, the Office of Management and Budget shall complete
implementation of an automated system to post each document
apportioning an appropriation, pursuant to section 1513(b) of
title 31, United States Code, including any associated
footnotes, in a format that qualifies each such document as
an Open Government Data Asset (as defined in section 3502 of
title 44, United States Code), not later than 2 business days
after the date of approval of such apportionment, and shall
place on such website each document apportioning an
appropriation, pursuant to such section 1513(b), including
any associated footnotes, already approved the current fiscal
year, and shall report the date of completion of such
requirements to the Committees on Appropriations and the
Budget of the House of Representatives and Senate.
(c) Each document apportioning an appropriation pursuant to
section 1513(b) of title 31, United States Code, that is
posted on a publicly accessible website pursuant to such
section shall also include a written explanation by the
official approving each such apportionment stating the
rationale for the apportionment schedule and for any
footnotes: Provided, That the Office of Management and
Budget or the applicable department or agency shall make
available classified documentation relating to any
apportionment to the appropriate congressional committees on
a schedule to be determined by each such committee.
(d)(1) Not later than 15 days after the date of enactment
of this Act, any delegation of apportionment authority
pursuant to section 1513(b) of title 31, United States Code,
that is in effect as of such date shall be submitted for
publication in the Federal Register: Provided, That any
delegation of such apportionment authority after the date of
enactment of this section shall, on the date of such
delegation, be submitted for publication in the Federal
Register: Provided further, That the Office of Management
and Budget shall publish such delegations in a format that
qualifies such publications as an Open Government Data Asset
(as defined in section 3502 of title 44, United States Code)
on a public Internet website, which shall be continuously
updated with the position of each Federal officer or employee
to whom apportionment authority has been delegated.
(2) Not later than 5 days after any change in the position
of the approving official with respect to such delegated
apportionment authority for any account is made, the Office
shall submit a report to the Congress explaining why such
change was made.
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, $95,025,000, 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, $33,802,000.
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, $20,027,000.
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.
[[Page H4043]]
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, $5,412,919,000 (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 $9,700,000, 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,
$1,322,543,000 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)), $55,478,000, 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, $97,970,000,
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, $31,115,000; 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,
$20,133,000, 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 inserting after ``except in
the case of'' the following: ``the northern district of
Alabama,'';
(2) in the first sentence by inserting after ``the central
district of California'' the following: ``,'';
(3) in the first sentence by striking ``18 years'' and
inserting ``19 years'';
(4) by adding at the end of the first sentence the
following: ``The first vacancy in the office of district
judge in the northern district of Alabama occurring 18 years
or more after the confirmation date of the judge named to
fill the temporary district judgeship created in that
district by this subsection, shall not be filled.'';
(5) in the third sentence (relating to the central District
of California), by striking ``17 years and 6 months'' and
inserting ``18 years and 6 months''; and
(6) in the fourth 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
[[Page H4044]]
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, $52,900,000, to remain available
until expended, 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 funds appropriated under this
heading may be used to reimburse presidential inauguration
expenditures incurred in fiscal year 2020.
federal payment to the district of columbia courts
For salaries and expenses for the District of Columbia
Courts, $265,618,000 to be allocated as follows: for the
District of Columbia Court of Appeals, $14,977,000, of which
not to exceed $2,500 is for official reception and
representation expenses; for the Superior Court of the
District of Columbia, $127,514,000, of which not to exceed
$2,500 is for official reception and representation expenses;
for the District of Columbia Court System, $80,974,000, of
which not to exceed $2,500 is for official reception and
representation expenses; and $42,153,000, 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,
$44,011,000: 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 the District of Columbia Public Defender
Service may be deemed an ``agency'' for 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 (Public Law 103-
356), as amended.
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 $1,200,000 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: Provided further, That none of the
funds made available under this heading may be used for an
opportunity scholarship for a student to attend a school
which does not certify to the Secretary of Education that the
student will be provided with the same protections under the
Federal laws which are enforced by the Office for Civil
Rights of the Department of Education which are provided to a
student of a public elementary or secondary school in the
District of Columbia and which does not certify to the
Secretary of Education that the student and the student's
parents will be provided with the same services, rights, and
protections under the Individuals With Disabilities Education
Act (20 U.S.C. 1400 et seq.) which are provided to a student
and a student's parents of a public elementary or secondary
school in the District of Columbia, as enumerated in Table 2
of Government Accountability Office Report 18-94 (entitled
``Federal Actions Needed to Ensure Parents Are Notified About
Changes in Rights for Students with Disabilities''), issued
November 2017.
federal payment for the district of columbia national guard
For a Federal payment to the District of Columbia National
Guard, $413,000, 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,
[[Page H4045]]
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.
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.,
$3,500,000, to remain available until September 30, 2022, of
which not to exceed $1,000 is for official reception and
representation expenses.
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, $137,000,000, 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), $19,063,000, 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.
election security grants
Notwithstanding section 104(c)(2)(B) of the Help America
Vote Act of 2002 (52 U.S.C. 20904(c)(2)(B)), $500,000,000 is
provided to the Election Assistance Commission for necessary
expenses to make payments to States for activities to improve
the administration of elections for Federal office, including
to enhance election technology and make election security
improvements, as authorized by sections 101, 103, and 104 of
such Act: Provided, That for purposes of applying such
sections, the Commonwealth of the Northern Mariana Islands
shall be deemed to be a State and, for purposes of sections
101(d)(2) and 103(a), shall be treated in the same manner as
the Commonwealth of Puerto Rico, Guam, American Samoa, and
the United States Virgin Islands: Provided further, That
each reference to the ``Administrator of General Services''
or the ``Administrator'' in sections 101 and 103 shall be
deemed to refer to the ``Election Assistance Commission'':
Provided further, That each reference to ``$5,000,000'' in
section 103 shall be deemed to refer to ``$3,000,000'' and
each reference to ``$1,000,000'' in section 103 shall be
deemed to refer to ``$600,000'': Provided further, That not
later than 45 days after the date of enactment of this Act,
the Election Assistance Commission shall make the payments to
States under this heading: Provided further, That a State
shall use such payment to replace voting systems which use
direct-recording electronic voting machines with a voting
system which uses an individual, durable, voter-verified
paper ballot which is marked by the voter by hand or through
the use of a non-tabulating ballot-marking device or system,
so long as the voter shall have the option to mark his or her
ballot by hand, and provides the voter with an opportunity to
inspect and confirm the marked ballot before casting (in this
heading referred to as a ``qualified voting system''):
Provided further, That for purposes of determining whether a
voting system is a qualified voting system, a voter-verified
paper audit trail receipt generated by a direct-recording
electronic voting machine is not a paper ballot: Provided
further, That none of the funds made available under this
heading may be used to purchase or obtain any voting system
which is not a qualified voting system: Provided further,
That a State may use such payment to carry out other
authorized activities to improve the administration of
elections for Federal office only if the State certifies to
the Election Assistance Commission that the State has
replaced all voting systems which use direct-recording
electronic voting machines with qualified voting systems:
Provided further, That not less than 50 percent of the amount
of the payment made to a State under this heading shall be
allocated in cash or in kind to the units of local government
which are responsible for the administration of elections for
Federal office in the State: Provided further, That not
later than two years after receiving a payment under this
heading, a State shall make available funds for such
activities in an amount equal to 5 percent of the total
amount of the payment made to the State under this heading.
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,
$376,070,000, to remain available until expended, of which
not less than $33,000,000 shall be 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, That $376,070,000 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 $11,105,700 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.
Sec. 512. None of the funds made available by this Act may
be used to finalize, implement, administer, or enforce the
proposed rule entitled ``Universal Service Contribution
Methodology'' published by the Federal Communications
Commission in the Federal Register on June 13, 2019 (84 Fed.
Reg. 27570).
Sec. 513. None of the funds made available by this Act may
be used by the Federal Communications Commission to establish
or implement a 5G Fund for Rural America, or any similar
Federal universal service support mechanism, as proposed in
the Notice of Proposed Rulemaking in the matter of
Establishing a 5G Fund for Rural America that was adopted by
the Commission on April 23, 2020 (FCC 20-52), until the
Commission completes the creation of the map that depicts the
availability of mobile broadband internet access service
required by section 802(c)(1)(C) of the Communications Act of
1934 (47 U.S.C. 642(c)(1)(C)).
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, $73,329,000, 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,
$26,100,000: Provided, That public members of the Federal
Service Impasses Panel may be paid
[[Page H4046]]
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), $6,000,000, 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,
$341,000,000, 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 $172,000,000: 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 $9,052,711,000,
of which--
(1) $209,700,000 shall remain available until expended for
construction and acquisition (including funds for sites and
expenses, and associated design and construction services) as
follows:
(A) $200,700,000 shall be for the Department of Homeland
Security Consolidation at St. Elizabeths, Washington, DC; and
(B) $9,000,000 shall be for the Southeast Federal Center
Remediation, Washington, DC:
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) $585,965,000 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) $382,057,000 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) $5,723,900,000 for rental of space to remain available
until expended; and
(4) $2,533,146,000 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 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, $9,625,000, 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, $3,915,000.
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
[[Page H4047]]
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.
presidential transition
(including transfers of funds)
For necessary expenses to carry out the Presidential
Transition Act of 1963, as amended, 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 if the President-elect is the
incumbent President or the Vice-President-elect is the
incumbent Vice President, $8,900,000 is hereby transferred to
the ``Federal Buildings Fund'' account for Consolidation
Activities under paragraph (2) of such account.
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)(2) of the Federal Asset Sale
and Transfer Act of 2016 (Public Law 114-287), $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.
Sec. 527. Section 3173(d)(1) of title 40, United States
Code, is amended by inserting before the period the
following: ``or for agency-wide acquisition of equipment or
systems or the acquisition of services in lieu thereof, as
necessary to implement the Act''.
Sec. 528. (a) Not later than 180 days after the date of
enactment of this Act, the Administrator of the General
Services Administration shall transmit to the Committees on
Appropriations of the House of Representatives and the
Senate, 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
construction of a new headquarters for the Federal Bureau of
Investigation in the National Capital Region.
(b) The report transmitted under subsection (a) shall be
consistent with the requirements of section 3307(b) of title
40, United States Code and include a summary of the material
provisions of the construction and full consolidation of the
Federal Bureau of Investigation in a new headquarters
facility, including all the costs associated with site
acquisition, design, management, and inspection, and a
description of all buildings and infrastructure needed to
complete the project.
Sec. 529. None of the funds made available in this Act may
be used by the General Services Administration to award or
facilitate the award of any contract for the provision of
architectural, engineering, and related services in a manner
inconsistent with the procedures in the Brooks Act (40 U.S.C.
1101 et. seq.) and part 36.6 of the Federal Acquisition
Regulation.
Sec. 530. None of the funds made available in this Act may
be used to implement or otherwise carry out directives
contained in any Executive order that would establish a
preferred architectural style for Federal buildings and
courthouses or that would otherwise conflict with the Guiding
Principles of Federal Architecture as established by the Ad
Hoc Committee on Federal Space on June 1, 1962.
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,
$1,670,000, 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 under sections 10 and 11 of the Morris
K. Udall and Stewart L. Udall Foundation Act (Public Law 111-
90), $3,200,000, to remain available until expended:
Provided, That during fiscal year 2021 and each fiscal year
thereafter, any amounts in such Fund shall, pursuant to
section 1557 of title 31, United State Code, be exempt from
the provisions of subchapter IV of chapter 15 of such title.
[[Page H4048]]
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,
$361,449,000, 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,
$5,195,000.
repairs and restoration
For the repair, alteration, and improvement of archives
facilities, and to provide adequate storage for holdings,
$7,500,000, 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, $7,000,000, 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, $2,000,000
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; advances for reimbursements to applicable funds of
OPM and the Federal Bureau of Investigation for expenses
incurred under Executive Order No. 10422 of January 9, 1953,
as amended; 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, $152,630,000: Provided, That of the total amount made
available under this heading, up to $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, $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
$154,625,000 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 $26,265,000 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, $28,900,000.
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), $18,614,000, 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
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,
$1,920,000,000, 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 $1,920,000,000 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
[[Page H4049]]
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.
administrative provisions--securities and exchange commission
Sec. 540. None of the funds made available by this Act may
be used to finalize, issue, or implement any rule,
regulation, or order regarding the exempt offering framework
changes proposed at 85 Fed. Reg. 17956 without previously
finalizing, issuing, or implementing a final rule
strengthening the filing requirements around exempt offerings
in the same or stronger manner as proposed at 78 Fed. Reg.
44806 to enhance the Securities and Exchange Commission's
ability to evaluate the development of market practices in
Rule 506 offerings and to address concerns that may arise in
connection with permitting issuers to engage in general
solicitation.
Sec. 541. None of the funds made available by this Act may
be used to finalize, issue, or implement any rule,
regulation, or order changing the procedural requirements or
raising resubmission thresholds under Exchange Act Rule 14a-8
(section 240.14a-8 of title 17, Code of Federal Regulations)
as proposed at 84 Fed. Reg. 66458.
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; $27,800,000:
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, $287,947,000,
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, $277,000,000,
to remain available until September 30, 2022: Provided, That
$140,000,000 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 $20,500,000 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 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 $12,000,000,000: Provided
further, That the amounts appropriated in the matter
preceding the first proviso under this heading for the cost
of guaranteed loans as authorized by section 7(a) of the
Small Business Act, and the commitments for general business
loans authorized by the third proviso under this heading for
such loans, shall not be available for loans authorized under
paragraph (36) of such section 7(a). In addition, for
administrative expenses to carry out the direct and
guaranteed loan programs, $155,150,000, 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.
administrative provisions--small business administration
(including transfers of funds)
Sec. 550. 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. 551. 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.
Sec. 552. Of the amounts appropriated in this Act under
the heading ``Salaries and Expenses'', $20,000,000 shall not
be available for obligation until the date that the
Administrator certifies and reports to the Committees on
Appropriations of the House of Representatives and the Senate
that the Small Business Administration, in consultation with
the Comptroller General of the United States, has established
and issued agency-wide guidance with respect to relations
with the Government Accountability Office to specifically
provide for: (1) expedited timeframes for providing the
Government Accountability Office with access to records
within 10 days after the date of request; (2) expedited
timeframes for interviews of program officials by the
Government Accountability Office; and (3) a significant
streamlining of the review process for documents and
interview requests by liaisons, counsel, and program
officials, consistent with the objective that the Government
Accountability Office be given timely and complete access to
documents and agency officials.
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
[[Page H4050]]
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, $258,180,000, 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; $57,026,000, 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. Notwithstanding section 708 of this Act, funds
made available to the Commodity Futures Trading Commission
and the Securities and Exchange Commission by this or any
other Act may be used for the interagency funding and
sponsorship of a joint advisory committee to advise on
emerging regulatory issues.
Sec. 618. (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.
[[Page H4051]]
(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. 619. (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. 620. 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. 621. (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. 622. 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. 623. 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. 624. 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. 625. 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. 626. (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. 627. 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. 628. (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. 629. 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. 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 in this Act may
be used to penalize a financial institution solely because
the institution provides financial services to an entity that
is a manufacturer, a producer, or a person that participates
in any business or organized activity that involves handling
hemp, hemp-derived cannabidiol products, other hemp-derived
cannabinoid products, marijuana, marijuana products, or
marijuana proceeds, and engages in such activity pursuant to
a law established by a State, political subdivision of a
State, or Indian Tribe. In this section, the term ``State''
means each of the several States, the District of Columbia,
and any territory or possession of the United States.
Sec. 632. None of the funds made available in this or any
other Act may be used to propose, promulgate, or implement
any rule, principle, policy, standard, or guidance, or take
any other action with respect to, changing the 2017
methodology prescribed by the Office of Management and Budget
for determining the Official Poverty Measure.
Sec. 633. Of the unobligated balances available in the
Department of the Treasury, Treasury Forfeiture Fund,
established by section 9703 of title 31, United States Code,
$250,000,000 shall be permanently rescinded not later than
September 30, 2021.
Sec. 634. (a) None of the funds appropriated or otherwise
made available by this Act may be used to enter into any
contract, grant, or cooperative agreement with any entity in
which a covered individual directly or indirectly owns,
controls, or holds not less than 20 percent, by vote or
value, of the outstanding amount of any class of equity
interest in an entity. For the purposes of determining
whether the requirements of this subsection are met, the
securities owned, controlled, or held by 2 or more
individuals who are related as described in subsection (c)
shall be aggregated.
(b) In this section, the term ``equity interest'' has the
meaning given such term in section 4019 of the CARES Act
(Public Law 116-136).
(c) In this section, the term ``covered individual'' means
the President or Vice President or a family member (as that
term is defined in section 630.201(b) of title 5, Code of
Federal Regulations) of the President or Vice President.
Sec. 635. None of the funds made available by this or any
other Act (including prior Acts and Acts other than
appropriations Acts) may be obligated or expended to
reorganize or transfer any function or authority of the
Office of Personnel Management to the General Services
Administration or to the Office of Management and Budget.
Sec. 636. None of the funds made available in this or any
other Act may be used by the Office of Personnel Management
to enter into interagency or service- level agreements with
the General Services Administration or the Office of
Management and Budget exceeding $100,000 in total unless, not
later than 15 days before the date any such agreement that
would breach the $100,000 limitation is proposed to be
entered into, written notice describing the agreement is
provided to the Committees on Appropriations of the House of
Representatives and the Senate.
Sec. 637. None of the funds provided by this Act may be
used by the Federal Trade Commission or the Federal
Communications Commission to consider taking action, or to
take any action, consistent with Executive Order 13925 of May
28, 2020 (85 Fed. Reg. 34079), or to seek comment on or
otherwise take action on any petition for rulemaking filed
pursuant to such Executive order, or to interpret section 230
of the Communications Decency Act in the manner described in
section 2 of such Executive order.
[[Page H4052]]
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; (4) is a person who owes allegiance to the United
States; or (5) is a person who is authorized to be employed
in the United States pursuant to the Deferred Action for
Childhood Arrivals program established under the memorandum
of the Secretary of Homeland Security dated June 15, 2012:
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, 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;
[[Page H4053]]
(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 Centers is authorized to obtain the
temporary use of additional facilities by
[[Page H4054]]
lease, contract, or other agreement for training which cannot
be accommodated in existing Centers 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. 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. 736. (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. 737. (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. 738. 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. 739. 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. 740. 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. 741. (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
[[Page H4055]]
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. 742. (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. 743. 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. 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 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. 745. (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 Web site.
Sec. 746. 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. 747. (a) Notwithstanding the 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,
2019, by operation of section 749 of division D of Public Law
116-6.
(b) Notwithstanding the 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, 2019,
by operation of section 749 of division D of Public Law 116-
6. Such an employee may not receive a pay 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, 2019, by operation of section 749 of division
D of Public Law 116-6.
(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, 2019, by operation of section 749 of division D
of Public Law 116-6.
(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. 748. During the current fiscal year--
(a) With respect to budget authority proposed to be
rescinded or that is set to be reserved or proposed to be
deferred in a special message transmitted under section 1012
or 1013 of the Congressional Budget and Impoundment Control
Act of 1974, such budget authority--
(1) shall be made available for obligation in sufficient
time to be prudently obligated as required under section
1012(b) or 1013 of such Act; and
(2) may not be deferred or otherwise withheld from
obligation during the 90-day period before the expiration of
the period of availability of such budget authority,
including, if applicable, the 90-day period before the
expiration of an initial period of availability for which
such budget authority was provided.
(b) With respect to an apportionment of an appropriation
made pursuant to section 1513(b) of title 31, United States
Code, an appropriation (as that term is defined in section
1511 of title 31, United States Code) shall be apportioned--
(1) to make available all amounts for obligation in
sufficient time to be prudently obligated; and
(2) to make available all amounts for obligation, without
precondition or limitation (including footnotes) that shall
be met prior to obligation, not later than 90 days before the
expiration of the period of availability of such
appropriation, including, if applicable, 90 days before the
expiration of an initial period of availability for which
such appropriation was provided.
(c) As used in this section, the term ``budget authority''
includes budget authority made available by this or any other
Act, by prior appropriations Acts, or by any law other than
an appropriations Act.
(d)(1) The Comptroller General shall review compliance with
this section and shall submit to the Committees on
Appropriations and the
[[Page H4056]]
Budget, and any other appropriate congressional committees of
the House of Representatives and Senate a report, and any
relevant information related to the report, on any
noncompliance with this section or the Impoundment Control
Act of 1974.
(2) The President or the head of the relevant department or
agency of the United States shall provide information,
documentation, and views to the Comptroller General, as is
determined by the Comptroller General to be necessary to
determine such compliance, not later than 20 days after the
date on which the request from the Comptroller General is
received, or if the Comptroller General determines that a
shorter or longer period is appropriate based on the specific
circumstances, within such shorter or longer period.
(3) To carry out the responsibilities of this section and
the Impoundment Control Act of 1974, the Comptroller General
shall also have access to interview the officers, employees,
contractors, and other agents and representatives of a
department, agency, or office of the United States at any
reasonable time as the Comptroller General may request.
(e)(1) An officer or employee of the Executive Branch of
the United States Government violating this section shall be
subject to appropriate administrative discipline including,
when circumstances warrant, suspension from duty without pay
or removal from office.
(2) In the event of a violation of this section or the
Impoundment Control Act of 1974, or in the case that the
Government Accountability Office issues a legal decision
concluding that a department, agency, or office of the United
States violated this section or the Impoundment Control Act
of 1974, the President or the head of the relevant department
or agency as the case may be, shall report immediately to the
Congress all relevant facts and a statement of actions taken:
Provided, That a copy of each report shall also be
transmitted to the Comptroller General and the relevant
inspector general on the same date the report is transmitted
to the Congress.
(3) Any such report shall include a summary of the facts
pertaining to the violation, the title and Treasury
Appropriation Fund Symbol of the appropriation or fund
account, the amount involved for each violation, the date on
which the violation occurred, the position of any individuals
responsible for the violation, a statement of the
administrative discipline imposed and any further action
taken with respect to any officer or employee involved in the
violation, and a statement of any additional action taken to
prevent recurrence of the same type of violation: Provided,
That in the case that the Government Accountability Office
issues a legal decision concluding that a department, agency,
or office of the United States violated this section and the
relevant department, agency, or office does not agree that a
violation has occurred, the report provided to Congress, the
Comptroller General, and relevant inspector general will
explain such department, agency, or office's position.
(4) If the report identifies the position of any officer or
employee as involved in the violation, such officer or
employee shall be provided a reasonable opportunity to
respond in writing, and any such response shall be appended
to the report.
Sec. 749. (a) If an executive agency or the District of
Columbia government receives a written request for
information, documentation, or views from the Government
Accountability Office relating to a decision or opinion on
budget or appropriations law, the executive agency or the
District of Columbia government shall provide the requested
information, documentation, or views not later than 20 days
after receiving the written request, unless such written
request specifically provides otherwise.
(b) If an executive agency or the District of Columbia
government fails to respond to the request for information,
documentation, or views within the time required by this
section--
(1) the Comptroller General shall notify, in writing, the
Committee on Oversight and Reform of the House of
Representatives, the Committee on Homeland Security and
Governmental Affairs of the Senate, and any other appropriate
congressional committee of the House of Representatives and
the Senate of such failure; and
(2) the Comptroller General is hereby expressly empowered,
through attorneys of their own selection, to bring a civil
action in the United States District Court for the District
of Columbia to require such information, documentation, or
views to be produced, and such court is expressly empowered
to enter in such civil action, against any department,
agency, officer, or employee of the United States, any
decree, judgment, or order which may be necessary or
appropriate to require such production.
(c) If the Government Accountability Office determines that
an officer or employee of an executive agency or an officer
or employee of the District of Columbia government has
violated section 1341(a), 1342, or 1517(a) of title 31,
United States Code, the head of the agency or the Mayor of
the District of Columbia, as the case may be, shall report
immediately to the President and Congress all relevant facts
and a statement of actions taken: Provided, That a copy of
each report shall also be transmitted to the Comptroller
General on the same date the report is transmitted to the
President and Congress: Provided further, That any such
report shall include a summary of the facts pertaining to the
violation, the title and Treasury Appropriation Fund Symbol
of the appropriation or fund account, the amount involved for
each violation, the date on which the violation occurred, the
position of any officer or employee responsible for the
violation, a statement of the administrative discipline
imposed and any further action taken with respect to any
officer or employee involved in the violation, a statement of
any additional action taken to prevent recurrence of the same
type of violation, a statement of any determination that the
violation was not knowing and willful that has been made by
the executive agency or District of Columbia government, and
any written response by any officer or employee identified by
position as involved in the violation: Provided further,
That in the case that the Government Accountability Office
issues a legal decision concluding that section 1341(a),
1342, or 1517(a) of title 31, United States Code was
violated, and the executive agency or District of Columbia
government, as applicable, does not agree that a violation
has occurred, the report provided to the President, the
Congress, and the Comptroller General will explain its
position.
Sec. 750. (a) Each department or agency of the executive
branch of the United States Government shall notify the
Committees on Appropriations and the Budget of the House of
Representatives and the Senate and any other appropriate
congressional committees if--
(1) an apportionment is not made in the required time
period provided in section 1513(b) of title 31, United States
Code;
(2) an approved apportionment received by the department or
agency conditions the availability of an appropriation on
further action; or
(3) an approved apportionment received by the department or
agency may hinder the prudent obligation of such
appropriation or the execution of a program, project, or
activity by such department or agency.
(b) Any notification submitted to a congressional committee
pursuant to this section shall contain information
identifying the bureau, account name, appropriation name, and
Treasury Appropriation Fund Symbol or fund account.
Sec. 751. (a) None of the funds made available by this or
any other Act may be used to administer, implement, or
enforce any collective bargaining agreement, or any article
or any term of any collective bargaining agreement under
chapter 71 of title 5, United States Code, with an effective
date after April 30, 2019, that--
(1) was not mutually and voluntarily agreed to by all
parties to the agreement; or
(2) was not ordered following the completion of binding
arbitration pursuant to section 7119(b)(2) of title 5, United
States Code.
(b) Any collective bargaining agreement that was in effect
before April 30, 2019, or that expired before April 30, 2019,
without a new agreement having been executed, shall remain in
full force and effect until a new collective bargaining
agreement reached through mutual and voluntary agreement, or
ordered following the completion of binding arbitration
pursuant to such section 7119(b)(2), becomes effective.
Sec. 752. No funds appropriated by this or any other Act
may be used to exclude, or to implement the exclusion of, any
department, agency, or activity or subdivision thereof, from
coverage under the Federal Service Labor-Management Relations
Statute pursuant to section 7103(b)(1) or section 7103(b)(2)
of title 5, United States Code.
Sec. 753. None of the funds made available by this or any
other Act may be used to prevent Federal workers from--
(1) using official time for union activities;
(2) teleworking for telework deemed positions or when the
health or safety of an employee is in question; or
(3) denying unions space in Federal buildings.
Sec. 754. (a) Establishment.--There is hereby established
the Commission on Federal Naming and Displays (hereafter
referred to as the ``Commission'').
(b) Duties.--
(1) Development of list.--Not later than 180 days after the
day by which all of its members have been appointed, the
Commission, with input from the general public, shall develop
and publish a list of property names, monuments, statues,
public artworks, historical markers, and other symbols owned
by the Federal government or located on property owned by the
Federal government (including the legislative branch and the
judicial branch) which the Commission identifies as
inconsistent with the values of diversity, equity, and
inclusion.
(2) Recommendations.--Not later than 180 days after
publishing the list under paragraph (1), and after holding
not fewer than 2 public meetings, the Commission shall submit
to the President and Congress a report containing the
following information:
(A) A recommendation regarding whether each property name,
monument, statue, public artwork, historical marker, or other
symbol on the list developed under paragraph (1) should
remain unchanged or should be renamed or removed.
(B) Supporting materials and context information for each
recommendation under subparagraph (A).
(C) Such other recommendations as the Commission may
consider appropriate, including recommendations for
educational programs, supplemental historical markers, or
other activities to promote diversity, equity, and inclusion
and to promote national reconciliation.
(3) Separate views of members.--The Commission may include
in the report submitted under paragraph (2) supplemental or
dissenting recommendations from individual members of the
Commission.
(c) Membership.--
(1) Appointment.--The Commission shall consist of the
following:
(A) 2 members appointed by the President.
(B) 2 members appointed by the Speaker of the House of
Representatives.
(C) 2 members appointed by the Majority Leader of the
Senate.
(D) 1 member appointed by the Minority Leader of the House
of Representatives.
(E) 1 member appointed by the Minority Leader of the
Senate.
(F) Each of the following individuals:
(i) The Secretary of the Smithsonian Institution.
[[Page H4057]]
(ii) The Historian of the House of Representatives.
(iii) The Historian of the Senate.
(2) Qualifications.--Each member of the Commission
appointed under subparagraphs (A) through (E) of paragraph
(1) shall have 10 or more years of educational and
professional experience in one or more of the following
disciplines:
(A) History.
(B) Art and antiquities.
(C) Historic preservation.
(D) Cultural heritage.
(E) Education.
(3) No compensation for service; travel expenses.--Members
of the Commission shall serve without pay, but each member
shall receive travel expenses, including per diem in lieu of
subsistence, in accordance with applicable provisions under
subchapter I of chapter 57 of title 5, United States Code.
(4) Deadline for appointment.--The members of the
Commission shall be appointed not later than 45 days after
the date of the enactment of this Act.
(5) Co-chairs.--Not later than 10 days after the first
meeting of the Commission, the members of the Commission
shall select 2 co-chairs from among the members.
(d) Powers.--
(1) Hearings and sessions.--The Commission may, for the
purpose of carrying out this Act, hold hearings, sit and act
at times and places, take testimony, and receive evidence as
the Commission considers appropriate, except that the
Commission shall hold its initial meeting not later than 10
days after the day by which all of its members have been
appointed.
(2) Obtaining official data.--The Commission may secure
directly from any department or agency of the United States
information necessary to enable it to carry out its duties.
Upon request of the Commission, the head of that department
or agency shall furnish that information to the Commission.
(3) Mails.--The Commission may use the United States mails
in the same manner and under the same conditions as other
departments and agencies of the United States.
(4) Administrative support services.--Upon the request of
the Commission, the Librarian of Congress shall provide to
the Commission, on a reimbursable basis, the administrative
support services necessary for the Commission to carry out
its duties.
(5) Staff of federal agencies.--Upon the request of the
Commission, the head of any Federal department or agency may
detail any of the personnel of that department or agency to
the Commission to assist it in carrying out its duties. Any
personnel detailed to the Commission under this paragraph may
receive travel expenses, including per diem in lieu of
subsistence, in accordance with applicable provisions under
subchapter I of chapter 57 of title 5, United States Code.
(6) Contract authority.--The Commission may contract with
and compensate government and private agencies or persons for
goods and services, without regard to section 6101 of title
41, United States Code.
(e) Funding.--There is appropriated to carry out this
section $1,500,000, to remain available until expended.
(f) Termination.--The Commission shall terminate 60 days
after submitting the report under subsection (b)(2).
Sec. 755. 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
Sec. 801. 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.
Sec. 802. None of the Federal 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. 803. 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. 804. 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
801 of this Act.
Sec. 805. (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. 806. (a) Section 3(c)(2)(G) of the District of
Columbia College Access Act of 1999 (sec. 38-2702(c)(2)(G),
D.C. Official Code) is amended to read as follows:
``(G) is from a family with a taxable annual income of less
than the applicable family income limit, as defined in
paragraph (7).''.
(b) Section 3(c) of such Act (sec. 38-2702(c), D.C.
Official Code) is amended by adding at the end the following
new paragraph:
``(7) Applicable family income limit.--The term `applicable
family income limit' means, with respect to an individual,
the following:
``(A) In the case of an individual who began an
undergraduate course of study prior to school year 2015-2016,
$1,000,000.
``(B) In the case of an individual who begins an
undergraduate course of study in school year 2016-2017,
$750,000.
``(C) In the case of an individual who begins an
undergraduate course of study in school year 2017-2018 or
school year 2018-2019, the applicable family income limit
under this paragraph for an individual who began an
undergraduate course of study in the previous school year,
adjusted by the Mayor for inflation, as measured by the
percentage increase, if any, from the preceding fiscal year
in the Consumer Price Index for All Urban Consumers,
published by the Bureau of Labor Statistics of the Department
of Labor.
``(D) In the case of an individual who begins an
undergraduate course of study in school year 2019-2020,
$500,000.
``(E) In the case of an individual who begins an
undergraduate course of study in school year 2020-2021, the
amount described in subparagraph (D), adjusted by the Mayor
for inflation, as measured by the percentage increase, if
any, from the preceding fiscal year in the Consumer Price
Index for All Urban Consumers, published by the Bureau of
Labor Statistics of the Department of Labor.
``(F) In the case of an individual who begins an
undergraduate course of study in school year 2021-2022,
$750,000.
``(G) In the case of an individual who begins an
undergraduate course of study in school year 2022-2023 or any
succeeding school year, the applicable family income limit
under this paragraph for an individual who began an
undergraduate course of study in the previous school year,
adjusted by the Mayor for inflation, as measured by the
percentage increase, if any, from the preceding fiscal year
in the Consumer Price Index for All Urban Consumers,
published by the Bureau of Labor Statistics of the Department
of Labor.''.
(c) The amendments made by this section shall take effect
as if included in the enactment of the Financial Services and
General Government Appropriations Act, 2019 (division D of
Public Law 116-6).
Sec. 807. 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
[[Page H4058]]
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. 808. (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. 809. No services may be made available in accordance
with section 740(a) of the District of Columbia Home Rule Act
(sec. 1-207.40(a), D.C. Official Code) at any time during
fiscal year 2021.
Sec. 810. 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
INFRASTRUCTURE
Federal Communications Commission
salaries and expenses
For an additional amount for ``Salaries and Expenses'',
$40,000,000, to remain available until September 30, 2025,
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, 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.
secure and trusted communications networks reimbursement program
For the ``Secure and Trusted Communications Networks
Reimbursement Program'', as authorized by section 4 of the
Secure and Trusted Communications Networks Act of 2019
(Public Law 116-124; 47 U.S.C. 1603), $1,000,000,000, to
remain available until September 30, 2025: 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.
broadband infrastructure grants
For payments by the Federal Communications Commission to
providers of broadband internet access service to expand
availability of such service to unserved areas, underserved
areas, and unserved anchor institutions, $60,000,000,000, to
remain available until September 30, 2025: 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 Services Administration
real property activities
federal buildings fund
(including transfer of funds)
In addition to amounts that are otherwise available for
real property management and related activities, for an
additional amount to be deposited in the ``Federal Buildings
Fund'', $5,990,000,000, to carry out the purposes of the
Fund, of which--
(1) $2,800,000,000 shall be available for border stations
and land ports of entry;
(2) $1,000,000,000 shall be available for acquisition and
construction (including sites and expenses, and associated
design and construction services) of Federal buildings and
United States courthouses, including annexes, expansions, or
similar additions;
(3) $1,000,000,000 shall be for repairs and alterations to
facilitate converting General Services Administration
facilities to ``high-performance green buildings'', as the
term is defined in section 401 of the Energy Independence and
Security Act of 2007 (Public Law 110-140); and
(4) $940,000,000 shall be available for repairs and
alterations:
Provided, That not to exceed $110,000,000 of the amounts
provided under this heading shall be available without regard
to fiscal year limitations and may be expended for rental of
space, related to leasing of temporary space in connection
with projects funded under this heading: Provided further,
That not to exceed $130,000,000 of the amounts provided under
this heading shall be available without regard to fiscal year
limitations and may be expended in the building operations
account, for the costs of completing and supporting the
projects funded under this heading: Provided further, That
not less than $10,000,000 of the funds provided shall be for
on-the-job pre-apprenticeship and apprenticeship training
programs registered with the Department of Labor, for the
construction, repair, and alteration of Federal buildings:
Provided further, That not less than $3,000,000,000 of the
funds provided under this heading shall be obligated by
September 30, 2022, and the remainder of the funds provided
under this heading shall be available until September 30,
2024: Provided further, That the Administrator of General
Services is authorized to initiate design, construction,
repair, alteration, and other projects through existing
authorities of the Administrator: Provided further, That
none of the funds in this paragraph may be used to initiate
design, construction, repair, alteration, and other projects
in the National Capital Region: Provided further, That the
General Services Administration shall submit a detailed plan,
by project, regarding the use of funds made available in this
Act to the Committees on Appropriations of the House of
Representatives and the Senate within 45 days of enactment of
this Act, and update on a quarterly basis thereafter if there
any changes: Provided further, That, hereafter, the
Administrator shall report to the Committees on the
obligation of these funds on a quarterly basis beginning with
the end of the first quarter after the initial plan is
submitted: Provided further, That amounts provided under
this heading that are savings or cannot be used for the
activity for which originally obligated may be de-obligated
and, notwithstanding any other provision of law, re-obligated
for the purposes identified in the plan required under this
heading not less than 15 days after notification has been
provided to the Committees on Appropriations of the House of
Representatives and the Senate: Provided further, That funds
in the Federal Buildings Fund made available in this Act for
Federal Buildings Fund activities may be transferred between
activities only to the extent necessary to meet program
requirements: 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.
office of inspector general
For an additional amount for the ``Office of Inspector
General'', to remain available until September 30, 2026, for
oversight and audit of programs, grants, and projects funded
under this title, $10,000,000: 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.
support for a robust global response to the covid-19 pandemic
Sec. 901. (a) United States Policies at the International
Financial Institutions.--
(1) In general.--The Secretary of the Treasury shall
instruct the United States Executive Director at each
international financial institution (as defined in section
1701(c)(2) of the International Financial Institutions Act
(22 U.S.C. 262r(c)(2))) to use the voice and vote of the
United States at the respective institution--
(A) to seek to ensure adequate fiscal space for world
economies in response to the global coronavirus disease 2019
(commonly referred to as ``COVID-19'') pandemic through--
(i) the suspension of all debt service payments to the
institution; and
(ii) the relaxation of fiscal targets for any government
operating a program supported by the institution, or seeking
financing from the institution, in response to the pandemic;
(B) to oppose the approval or endorsement of any loan,
grant, document, or strategy that would lead to a decrease in
health care spending or in any other spending that would
impede the ability of any country to prevent or contain the
spread of, or treat persons who are or may be infected with,
the SARS-CoV-2 virus; and
(C) to require approval of all Special Drawing Rights
allocation transfers from wealthier member countries to
countries that are emerging markets or developing countries,
based on confirmation of implementable transparency
mechanisms or protocols to ensure the allocations are used
for the public good and in response the global pandemic.
(2) IMF issuance of special drawing rights.--It is the
policy of the United States to support the issuance of a
special allocation of not less than 2,000,000,000,000 Special
Drawing Rights so that governments are able to access
additional resources to finance their responses to the global
COVID-19 pandemic. The Secretary of the Treasury shall use
the voice and vote of the United States to support the
issuance, and shall instruct the United States Executive
Director at the International Monetary Fund to support the
same.
(3) Allocation of u.s. special drawing rights.--It is also
the policy of the United States, which has large reserves and
little use for its Special Drawing Rights, to contribute a
significant portion its current stock, and any future
allocation of, Special Drawing Rights to the Poverty
Reduction and Growth Facility (PRGF) or a similar special
purpose vehicle at the International Monetary Fund to help
developing and low-income countries respond to the health and
economic impacts of the COVID-19 pandemic.
(4) The Secretary of the Treasury shall instruct the United
States Executive Director at the International Monetary Fund
to use the voice and vote of the United States to actively
promote and take all appropriate actions with respect to
implementing the policy goals of the United States set forth
in paragraphs (2) and (3), and shall post the instruction on
the website of the Department of the Treasury.
(b) United States Policy at the G20.--The Secretary of the
Treasury shall commence immediate efforts to reach an
agreement with the Group of Twenty to extend through the end
of 2021 the current moratorium on debt service payments to
official bilateral creditors by the world's poorest
countries.
(c) Report Required.--The Chairman of the National Advisory
Council on International Monetary and Financial Policies
shall include in the annual report required by section 1701
of the International Financial Institutions Act (22 U.S.C.
262r) a description of progress made toward advancing the
policies described in subsection (a) of this section.
(d) Termination.--Subsections (a) and (c) shall have no
force or effect after the earlier of--
(1) the date that is 1 year after the date of the enactment
of this Act; or
(2) the date that is 30 days after the date on which the
Secretary of the Treasury submits to the Committee on Foreign
Relations of the Senate and the Committee on Financial
Services of the House of Representatives a report stating
[[Page H4059]]
that the SARS-CoV-2 virus is no longer a serious threat to
public health in any part of the world.
This Act may be cited as the ``Financial Services and
General Government Appropriations Act, 2021''.
DIVISION E--DEPARTMENTS OF LABOR, HEALTH AND HUMAN SERVICES, EDUCATION,
AND RELATED AGENCIES APPROPRIATIONS ACT, 2021
That the following sums are appropriated, out of any money
in the Treasury not otherwise appropriated, for the
Departments of Labor, Health and Human Services, and
Education, and related agencies for the fiscal year ending
September 30, 2021, and for other purposes, namely:
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, $3,696,700,000, 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, $2,869,832,000 as
follows:
(A) $864,649,000 for adult employment and training
activities, of which $152,649,000 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) $925,130,000 for youth activities, which shall be
available for the period April 1, 2021 through June 30, 2022;
and
(C) $1,080,053,000 for dislocated worker employment and
training activities, of which $220,053,000 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: Provided further, That
notwithstanding the requirements of the WIOA, the Secretary
may waive certain requirements to permit the outlying areas
to submit a single application for a consolidated grant that
awards funds that would otherwise be available to such areas
to carry out the activities described in subtitle B of title
I of the WIOA: Provided further, That upon receipt of a
waiver, an application shall be submitted to the Secretary at
such time, in such manner and containing respective spending
plans with a funding floor for each program and activity
authorized under such subtitle B of title I of the WIOA as
the Secretary may require: Provided further, That outlying
areas awarded a consolidated grant described in the preceding
provisos may use identified excess funding above the funding
floor for each activity for any of the other programs and
activities authorized under such subtitle B of title I of the
WIOA subject to such reporting requirements issued by the
Secretary; and
(2) for national programs, $826,868,000 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, $50,000,000 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 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 further,
That the Secretary shall follow the requirements for the
program in House Report 116-62: 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: Provided further, That the Department shall issue
a Solicitation for Grant Applications (SGA) within 120 days
of enactment of this Act: Provided further, That the funds
made available in this title under the heading ``DEPARTMENTAL
MANAGEMENT'' for Executive Direction shall be reduced by
$100,000 for each day the SGA is not issued beyond the 120
day requirement and such funds shall be rescinded in the
amount for each such reduction: Provided further, That the
reduction required by the preceding proviso shall be taken
only from the ``Executive Direction'' line in the table at
the end of the committee report accompanying this Act;
(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) $95,896,000 for migrant and seasonal farmworker
programs under section 167 of the WIOA, including $88,938,000
for formula grants (of which not less than 70 percent shall
be for employment and training services), $6,389,000 for
migrant and seasonal housing (of which not less than 70
percent shall be for permanent housing), and $569,000 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) of the WIOA, an individual
is eligible for migrant and seasonal farmworker programs
under section 167 of the WIOA if 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) $100,534,000 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) $103,079,000 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 or young adults who have been justice
system-involved or 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:
Provided, That of the funds provided to carry out this
subparagraph, not less than 20 percent shall be for making
competitive contracts, grants, and cooperative agreements to
national apprenticeship intermediaries, not less than 20
percent shall be for competitive contracts, grants, and
cooperative agreements to local apprenticeship
intermediaries, and not less than 50 percent shall be used to
fund grants to States: Provided further, That the Secretary
shall require any information publicly disclosed related to
the credentials and competencies earned through registered
apprenticeships, including through Apprenticeship.gov, its
successor website or any data or website published by the
Secretary for a similar function, to be published using an
open source description language that is designed to allow
for public search and comparison of such data. Such
information may be published through open data formats such
as the credential transparency description language
specifications or a substantially similar approach.
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, $1,755,655,000, 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) $120,000,000 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''),
[[Page H4060]]
$410,000,000, 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 $3,421,953,000 which may be
expended from the Employment Security Administration Account
in the Unemployment Trust Fund (``the Trust Fund''), of
which:
(1) $2,649,686,000 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) $651,639,000 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) $24,818,000 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 the Secretary shall
require publicly disclosed information contained in ongoing,
nationwide datasets funded by the Department of Labor
relating to licenses and credentials to be published using an
open source description language that is designed to allow
for public search and comparison of such data, including any
such data on credentials and competencies. Such information
may be published through open data formats such as the
credential transparency description language specifications
or a substantially similar approach:
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: Provided, That funds made available for the Office of
Apprenticeship shall only be used for the administration of
apprenticeship programs only registered under the National
Apprenticeship Act and as referred to in section 3(7)(B) of
the WIOA and to provide for the full and adequate staffing of
the Federal Office of Apprenticeship and each of the State
Offices of Apprenticeship.
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.
[[Page H4061]]
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,
$246,283,000.
Office of Labor-Management Standards
salaries and expenses
For necessary expenses for the Office of Labor-Management
Standards, $42,187,000.
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, $593,787,000, including not to exceed
$108,575,000 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
$13,537,000 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 more 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
[[Page H4062]]
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 $256,341,000 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
obligation by the States through December 31, 2021, 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) $29,379,000 is for carrying out the Transition
Assistance Program under 38 U.S.C. 4113 and 10 U.S.C. 1144;
(3) $43,548,000 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, $25,269,000, 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, $86,187,000, 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 be available
only to meet emergency needs and 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
[[Page H4063]]
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. 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. 109. (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 significant and articulable threat of physical
harm, in accordance with guidelines established by the
Secretary; and
``(4) provide protection to the Deputy Secretary of Labor
at the Secretary's direction in the performance of his
official duties at a public event outside of the United
States if there is a significant and articulable threat of
physical harm and protective services are not provided as
part of an official U.S. visit.
``(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. 110. 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. 111. Of the unobligated funds available under section
286(s)(2) of the Immigration and Nationality Act (8 U.S.C.
1356(s)(2)), $349,000,000 are hereby rescinded.
Sec. 112. 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. 113. None of the funds made available by this Act may
be used to implement or enforce, or take any actions in
furtherance of, the final regulations on ``Joint Employer
Status under the Fair Labor Standards Act'' published by the
Department of Labor in the Federal Register on January 16,
2020 (85 Fed. Reg. 2820 et seq.).
Sec. 114. None of the funds made available by this Act may
be used to develop, promulgate, issue, or implement a final
rule, or take any actions in furtherance of the proposed
rule, on ``Implementing Legal Requirements Regarding the
Equal Opportunity Clause's Religious Exemption'' published by
Department of Labor in the Federal Register on August 15,
2019 (84 Fed. Reg. 41677 et seq.).
Sec. 115. None of the funds made available by this Act may
be used to implement or enforce or take any actions in
furtherance of, the final rule on ``Wagner-Peyser Act
Staffing Flexibility'' published by the Department of Labor
in the Federal Register on January 06, 2020 (85 Fed. Reg. 592
et seq.).
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, $1,651,522,000: 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, $1,242,505,000: 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,
[[Page H4064]]
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, $55,000,000
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 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, $980,784,000: Provided, That
notwithstanding sections 502(a)(1) and 502(b)(1) of the
Social Security Act, not more than $127,116,000 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, $2,413,781,000, 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
$95,000,000, 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, $131,093,000, 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, $334,294,000, 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,
$21,942,000 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
$11,000,000 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 the Secretary shall carry out
section 1001 of the PHS Act solely in accordance with any
regulations or other conditions or instructions established
by the Secretary pursuant to the authority under section 1006
of the PHS Act that applied as of January 18, 2017, to grants
and contracts awarded under section 1001 of the PHS Act:
Provided further, 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:
Provided further, That for each entity that, in fiscal year
2019, received an award under section 1001 of the PHS Act and
whose award was terminated or relinquished before the planned
end of the period of performance, the Secretary shall, not
later than 60 days after the date of enactment of this Act,
issue a new award to such entity using funds made available
herein, equal to the amount of the award that was terminated
or relinquished and consistent with any terms and conditions
that applied at the time that the fiscal year 2019 award was
made except as modified by this Act, but only if--
(1) the Secretary has not, prior to the enactment of this
Act, awarded grants or contracts for the performance of
substantially similar activities in the geographical areas
that were served by the terminated or relinquished award, but
if such grants or contracts awarded prior to the enactment of
this Act would only partially replace the activities or areas
covered by the terminated or relinquished award, the
Secretary shall seek to restore the terminated award with
respect to the remaining activities or areas;
(2) the Secretary has secured assurance from the entity
that its termination or relinquishment was due to its
inability or unwillingness to comply with the provisions of
the final rule titled ``Compliance with Statutory Program
Integrity Requirements'', published on March 4, 2019 (84 Fed.
Reg. 7714 et seq.); and
(3) the Secretary has secured assurance from the entity
that it is willing to resume project activities consistent
with the terms and conditions that applied at the time that
the terminated or relinquished award was made except as
modified by this Act:
Provided further, That the provisos under this heading are
not intended to limit the equitable powers of the courts to
further protect historical providers previously awarded
grants or contracts in fiscal year 2019 or prior fiscal years
under Title X of the PHS: Provided further, That all
patients under Title X of the PHS Act with a positive
pregnancy test--
(A) are given the opportunity to be provided information
and counseling regarding each of the following options--
(i) prenatal care and delivery;
(ii) infant care, foster care, and adoption; and
(iii) pregnancy termination;
(B) if a patient requests such information and counseling,
such patient shall be provided with neutral, factual
information and nondirective counseling on each such option,
including referral upon request, except with respect to any
option about which the patient indicates no interest in
receiving such information and counseling.
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
$10,200,000 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, $469,705,000.
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,
$1,287,556,000.
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
[[Page H4065]]
Act, with respect to emerging and zoonotic infectious
diseases, $593,972,000: 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, $1,049,564,000: 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, $162,810,000.
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, $593,497,000.
environmental health
For carrying out titles II, III, and XVII of the PHS Act
with respect to environmental health, $219,850,000, of which
$10,000,000 shall be available until September 30, 2023, for
carrying out activities under section 2203(b) of the Water
Infrastructure Improvements for the Nation Act (Public Law
114-322).
injury prevention and control
For carrying out titles II, III, and XVII of the PHS Act
with respect to injury prevention and control, $694,879,000,
of which $25,000,000 shall be for firearm injury and
mortality prevention research.
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, $344,700,000.
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, $572,843,000, of which: (1)
$128,421,000 shall remain available through September 30,
2022 for international HIV/AIDS; and (2) $183,200,000 shall
remain available through September 30, 2023 for global public
health protection: 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, $852,200,000:
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 for
up to 180 days 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 and 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: 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.
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, $198,570,000, of which up to $5,000,000 may be
transferred to the reserve of the Working Capital Fund
authorized under this heading in division F of Public Law
112-74: 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, $85,000,000, 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 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, $6,299,155,000, 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, $3,655,428,000.
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,
$481,535,000.
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,
$2,132,498,000.
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,
$2,415,110,000.
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,
$6,013,087,000.
national institute of general medical sciences
For carrying out section 301 and title IV of the PHS Act
with respect to general medical sciences, $2,972,479,000, of
which $1,341,313,000 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,
$1,570,269,000.
national eye institute
For carrying out section 301 and title IV of the PHS Act
with respect to eye diseases and visual disorders,
$831,177,000.
national institute of environmental health sciences
For carrying out section 301 and title IV of the PHS Act
with respect to environmental health sciences, $809,501,000.
national institute on aging
For carrying out section 301 and title IV of the PHS Act
with respect to aging, $3,609,150,000.
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, $630,263,000.
[[Page H4066]]
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,
$494,912,000.
national institute of nursing research
For carrying out section 301 and title IV of the PHS Act
with respect to nursing research, $170,567,000.
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, $550,063,000.
national institute on drug abuse
For carrying out section 301 and title IV of the PHS Act
with respect to drug abuse, $1,474,590,000.
national institute of mental health
For carrying out section 301 and title IV of the PHS Act
with respect to mental health, $2,005,303,000.
national human genome research institute
For carrying out section 301 and title IV of the PHS Act
with respect to human genome research, $611,564,000.
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, $407,109,000.
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,
$153,045,000.
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, $343,700,000: 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), $86,455,000.
national library of medicine
For carrying out section 301 and title IV of the PHS Act
with respect to health information communications,
$460,841,000: 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, $840,051,000:
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
$578,141,000 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, $2,324,548,000: 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 $631,899,000 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: Provided further, That amounts available under this
heading are also available to establish, operate, and support
the Research Policy Board authorized by section 2034(f) of
the 21st Century Cures 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, $1,727,974,000:
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 supplement funds otherwise available for mental health
activities and 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
$225,000,000 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, $19,000,000 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,
$3,766,556,000: 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
[[Page H4067]]
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, $209,469,000.
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, $143,091,000: Provided, That in
addition to amounts provided herein, $199,909,000 shall be
available from amounts available under section 241 of the PHS
Act: Provided further, 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.
In addition, for carrying out such titles after May 31,
2021, for the last quarter of fiscal year 2021 for
unanticipated costs incurred for the current fiscal year,
such sums as may be necessary, to remain available until
expended.
In addition, for carrying out such titles 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
$3,984,744,000, 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, $407,334,000 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).
In addition, the Secretary shall obligate not less than
$100,000,000 in fiscal year 2021 out of amounts collected
through the user fees on participating health insurance
issuers pursuant to section 156.50 of title 45, Code of
Federal Regulations (or any successor regulations) to carry
out the navigator program (as described in section 1311(i) of
the Patient Protection and Affordable Care Act (42 U.S.C.
18031(i)), and to carry out outreach and educational
activities, for purposes of informing potential enrollees in
qualified health plans (as defined in section 1301(a) of such
Act (42 U.S.C. 18021(a)) offered through an Exchange
established or operated by the Secretary within a State, of
the availability of coverage under such plans and financial
assistance for coverage under such plans: Provided, That
awards under such program shall be based solely on an
entity's demonstrated capacity to carry out each of the
duties specified in section 1311(i)(3) of such Act: Provided
further, That not less than $15,000,000 shall be obligated
for national television and not less than $15,000,000 shall
be obligated for internet search advertising for purposes of
carrying out such outreach and educational activities:
Provided further, That not less than $30,000,000 of the funds
made available in this paragraph shall be obligated for
advertising during the final two weeks of the open enrollment
period specified by the Secretary pursuant to section
1311(c)(6)(B) of such Act occurring during 2019: Provided
further, That no amounts collected through such user fees
shall be available for expenditures for promoting health
insurance coverage or a group health plan (as such terms are
defined in section 2791 of the PHS Act (42 U.S.C. 300gg-91))
that is not a qualified health plan.
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
$615,000,000 shall be for the Centers for Medicare & Medicaid
Services program integrity activities, of which $98,000,000
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 $94,000,000 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.
[[Page H4068]]
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.), $3,765,304,000: Provided,
That notwithstanding section 2609A(a) of such Act, not more
than $2,988,000 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 $3,737,316,000 of the amount appropriated under this
heading shall be allocated to each State and territory in
amounts equal to the amount each State and territory was
allocated in fiscal year 2020 pursuant to allocations made
from amounts appropriated under this heading in title II of
division A of the Further Consolidated Appropriations Act,
2020 (Public Law 116-94): Provided further, That of the
remaining amount made available under this heading that is
not designated for allocation in the preceding two provisos,
$12,500,000 shall be allocated as though the total
appropriation for such payments for fiscal year 2021 was less
than $1,975,000,000.
refugee and entrant assistance
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,
$1,911,201,000, 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 not less
than $190,000,000 shall be used for legal services, child
advocates, and post-release services: 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''), $5,926,000,000 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, $174,780,000 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, $13,098,181,000, 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 $10,763,095,000 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) $135,000,000 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) $15,000,000 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 (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 the previous proviso;
(4) $4,000,000 shall be available for the purposes of the
Tribal Colleges and Universities Head Start Partnership
Program consistent with section 648(g) of such Act; and
(5) $19,000,000 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 $300,000,000 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 $780,383,000 shall be for making payments under the CSBG
Act: Provided further, That for the purposes of carrying out
the CSBG Act, the term ``poverty line'' as defined in section
673(2) of the CSBG Act means 200 percent of the poverty line
otherwise applicable under such section (excluding the last
sentence of such section) without regard to such section:
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 such 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 $185,000,000 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,
$59,765,000.
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
[[Page H4069]]
(``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, $2,225,390,000,
together with $54,115,000 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, $457,959,000,
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 the funds made available under this heading,
$56,900,000 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 grants to public and private entities to
fund medically accurate and complete and age-appropriate (as
those terms are defined in section 513(e) of the Social
Security Act (42 U.S.C. 713(e))) programs that reduce teen
pregnancy and that do not withhold information about the
effectiveness and benefits of correct and consistent use of
condoms and other contraceptives, and for the Federal costs
associated with administering and evaluating such grants, of
which not more than 10 percent of the available funds shall
be for training and technical assistance, 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 rigorously test (defined as
randomized control trial, quasi-experimental design, or
regression discontinuity design) additional models and
innovative strategies for preventing teenage pregnancy:
Provided further, That amounts made available under this
heading for programs to reduce teen pregnancy shall meet the
requirements listed in clauses (ii) through (vi) of section
513(b)(2)(B) of the Social Security Act (42 U.S.C.
713(b)(2)(B)(ii)-(vi)) and shall not be made available by
interagency agreement or otherwise to any agency within the
Department of Health and Human Services other than the Office
of the Secretary to carry out or support such programs:
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 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)). Provided further, That of the funds made
available under this heading, $3,000,000 shall be for
establishing a National Health Care Workforce Commission (as
authorized by section 5101 of Public Law 111-148).
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, $60,367,000.
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:
Provided further, That of the amount made available under
this heading, $5,300,000 shall be available through September
30, 2022, for activities authorized under section 3022 of the
PHS Act relating to information blocking.
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, $1,077,458,000, of
which $561,700,000 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: Provided
further, That of the amount made available under this heading
for policy and planning, $5,000,000 shall remain available
until expended for implementation activities related to the
National Biodefense Strategy.
For expenses necessary for procuring security
countermeasures (as defined in section 319F-2(c)(1)(B) of the
PHS Act), $735,000,000, 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, $310,000,000; of
which $275,000,000 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
[[Page H4070]]
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 3 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 be
available only to meet emergency needs and 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 2021 budget justification and on
[[Page H4071]]
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 committee report
accompanying this 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, 2025, 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 discretionary
amounts identified by the Director as funding for opioid
addiction, opioid alternatives, pain management, and
addiction treatment among Institutes and Centers of the NIH
to be used for the same purpose 15 days after notifying the
Committees on Appropriations: 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. 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 committee
report accompanying this Act.
Sec. 228. 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. 229. 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. 230. 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.
Sec. 231. 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.
Sec. 232. 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))). Nothing in this section shall be construed to
require such a Senator or Member to provide prior notice of
the intent to enter such a facility for such purpose.
Sec. 233. 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;
(2) the documented cause of separation, as reported by DHS
when each child was referred;
(3) the length of any such separation;
(4) the status of any efforts undertaken by the Secretary
to reunify such children with a parent or legal guardian; and
(5) the number of any such reunifications, and whether the
reunified families were placed in family detention.
Sec. 234. None of the funds made available in this or any
prior appropriations Act may be used to implement or enforce
the Memorandum of Agreement Among the Office of Refugee
Resettlement of the Department of Health and Human Services
and U.S. Immigration and Customs Enforcement and U.S. Customs
and Border Protection of the Department of Homeland Security
Regarding Consultation and Information Sharing in
Unaccompanied Alien Children Matters, dated April 13, 2018.
Nothing in this section shall be construed to prohibit or
restrict the continued implementation of interagency
agreements or coordination of policy memoranda issued prior
to April 13, 2018.
Sec. 235. None of the funds made available in this Act or
any other Act may be used by the Secretary of Health and
Human Services to share information provided by unaccompanied
alien children (as defined in section 462(g)(2) of
[[Page H4072]]
the Homeland Security Act of 2002 (6 U.S.C. 279(g)(2)))
during mental health or therapeutic services with the
Department of Homeland Security or the Department of Justice
for immigration enforcement.
Sec. 236. To the extent practicable, and so long as it is
appropriate and in the best interest of the child, in cases
where the Office of Refugee Resettlement of the Department of
Health and Human Services is responsible for the care of
siblings who are unaccompanied alien children (as defined in
section 462(g)(2) of the Homeland Security Act of 2002 (6
U.S.C. 279(g)(2)), the Director of the Office shall place the
siblings--
(1) in the same facility; or
(2) with the same sponsor.
Sec. 237. The Secretary of Health and Human Services is
directed to report the death of any unaccompanied alien child
in Office of Refugee Resettlement (ORR) custody or in the
custody of any grantee on behalf of ORR within 24 hours,
including relevant details regarding the circumstances of the
fatality, to the Committees on Appropriations of the House of
Representatives and the Senate.
Sec. 238. Not later than 30 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 a detailed spend plan of anticipated uses of
all funds made available under the heading ``Department of
Health and Human Services--Administration for Children and
Families--Refugee and Entrant Assistance'', including the
following: a list of existing grants and contracts for both
permanent and influx facilities, including their costs,
capacity, and timelines; costs for expanding capacity through
the use of community-based residential care placements
(including long-term and transitional foster care and small
group homes) through new or modified grants and contracts;
current and planned efforts to expand small-scale shelters
and available foster care placements, including collaboration
with State child welfare providers; influx facilities being
assessed for possible use; costs and services to be provided
for legal services, child advocates, and post-release
services; program administration; and the average number of
weekly referrals and discharge rate assumed in the spend
plan: Provided, That such plan shall be updated to reflect
changes and expenditures and submitted to the Committees on
Appropriations of the House of Representatives and the Senate
every 60 days until all funds are expended or expired.
Sec. 239. 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 228 at costs not in excess of those paid
for or reimbursed by the Department of Defense.
Sec. 240. Amounts made available in section 238 of
division A of Public Law 116-94 shall remain available until
September 30, 2024, for installation expenses, including
moving expenses, relating to the Centers for Disease Control
and Prevention's Chamblee Campus.
(rescission)
Sec. 241. Of the unobligated balances in the
``Nonrecurring Expenses Fund'' established in section 223 of
division G of Public Law 110-161, $600,000,000 are hereby
rescinded not later than September 30, 2021.
Sec. 242. Funds made available in Public Law 113-235 to
the accounts of the National Institutes of Health that were
available for obligation through fiscal year 2015 and were
obligated for multi-year research grants shall be available
through fiscal year 2021 for the liquidation of valid
obligations if the Director of the National Institutes of
Health determines the project suffered an interruption of
activities attributable to SARS-CoV-2.
Sec. 243. Not later than seven days after the date of
enactment of this Act, and weekly thereafter until the public
health emergency related to COVID-19 is no longer in effect,
the Secretary of Health and Human Services shall report to
the Committees on Appropriations of the House of
Representatives and the Senate on the current inventory of
ventilators and personal protective equipment in the
Strategic National Stockpile, including the numbers of face
shields, gloves, goggles and glasses, gowns, head covers,
masks, and respirators, as well as deployment of ventilators
and personal protective equipment during the previous week,
reported by State and other jurisdiction: Provided, That
after the date that a report is required to be submitted by
the preceding proviso, amounts made available for
``Department of Health and Human Services--Office of the
Secretary--General Departmental Management'' in Public Law
116-94 for salaries and expenses of the immediate Office of
the Secretary shall be reduced by $250,000 for each day that
such report has not been submitted: Provided further, That
not later than the first Monday in February of fiscal year
2021 and each fiscal year thereafter, the Secretary shall
include in the annual budget submission for the Department of
Health and Human Services, and submit to the Congress, a
professional judgment budget with respect to expenditures
necessary to maintain the minimum level of relevant supplies
in the Strategic National Stockpile, including in case of a
significant pandemic, in consultation with the working group
under section 319F(a) of the Public Health Service Act and
the Public Health Emergency Medical Countermeasures
Enterprise established under section 2811-1 of such Act.
Sec. 244. None of the funds made available by this Act may
be used to implement, enforce, or otherwise give effect to
the final rule entitled ``Protecting Statutory Conscience
Rights in Health Care; Delegations of Authority'' (84 Fed.
Reg. 23170-23272, May 21, 2019).
Sec. 245. None of the funds made available by this Act may
be used to implement, enforce, or otherwise give effect to
the rule entitled ``Nondiscrimination in Health and Health
Education Programs or Activities'' published in the Federal
Register on June 19, 2020 (85 Fed. Reg. 37160 et seq.).
Sec. 246. None of the funds appropriated in this Act or
otherwise made available to the Department of Health and
Human Services shall be used to publish the proposed
regulation in the Budget of the United States Government,
Fiscal Year 2021 relating to the Medicaid Nonemergency
Medical Transportation benefit for Medicaid beneficiaries.
Sec. 247. None of the funds made available in this Act may
be used to Act may be used to implement, enforce, or
otherwise give effect to the revision to section 447.10 of
title 42, Code of Federal Regulations, contained in the final
rule entitled ``Medicaid Program; Reassignment of Medicaid
Provider Claims'' (84 Fed. Reg. 19718 (May 6, 2019)).
Sec. 248. (a) None of the funds made available by this Act
may be awarded to any organization, including under the
Federal Foster Care program under part E of title IV of the
Social Security Act, that does not comply with paragraphs (c)
and (d) of section 75.300 of title 45, Code of Federal
Regulations (prohibiting discrimination on the basis of age,
disability, sex, race, color, national origin, religion,
gender identity, or sexual orientation), as in effect on
October 1, 2019.
(b) None of the funds made available by this Act may be
used by the Department of Health and Human Services to grant
an exception from either such paragraph for any Federal
grantee.
Sec. 249. None of the funds made available by this Act or
any other Act may be used to relocate any facility providing
call center operations for the Centers for Medicare &
Medicaid Services unless the Comptroller General has
submitted to the Committees on Appropriations of the House of
Representatives and the Senate an evaluation of relocation
options, which shall include any impact on wages and benefits
for employees, contractors, or subcontractors in connection
with call center operations.
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''), $17,258,290,000, of which $6,336,990,000 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 $4,371,050,000 shall be for
targeted grants under section 1125 of the ESEA: Provided
further, That $4,371,050,000 shall be for education finance
incentive grants under section 1125A of the ESEA: Provided
further, That $220,500,000 shall be for carrying out subpart
2 of part B of title II: Provided further, That $46,623,000
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, $1,491,112,000, of which $1,345,242,000 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 shall be for construction under
section 7007(b), $75,313,000 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,
$5,453,617,000, of which $3,623,052,000 shall become
available on July 1, 2021, and remain available through
September 30, 2022, and of which $1,681,441,000 shall
[[Page H4073]]
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 $1,262,673,000 shall be for
part B of title IV: Provided further, That $37,897,000 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
$35,953,000 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
$186,840,000 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, $1,074,815,000:
Provided, That $285,815,000 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 $594,000,000 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 notwithstanding section 4601(b),
$195,000,000 shall be available through December 31, 2021 for
subpart 1 of part F of title IV, of which $110,000,000 shall
be for social and emotional learning grants, and $85,000,000
shall be used for science, technology, engineering, arts, and
mathematics, including computer science education grants.
Safe Schools and Citizenship Education
For carrying out activities authorized by subparts 2 and 3
of part F of title IV of the ESEA, $218,000,000: 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 $82,000,000 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, $14,092,995,000, of which
$4,553,979,000 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 five, 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 received under part C of the IDEA to make subgrants
to local educational agencies, institutions of higher
education, other public agencies and private nonprofit
organizations to carry out activities authorized by such
part.
Rehabilitation Services
For carrying out, to the extent not otherwise provided, the
Rehabilitation Act of 1973, the Helen Keller National Center
Act, and the Randolph-Sheppard Act, $3,827,500,000, of which
$3,667,801,000 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
improving the outcomes of individuals with disabilities as
defined in section 7(20)(B) of the Rehabilitation Act,
including activities aimed at improving the education and
post-school outcomes of children receiving Supplemental
Security Income (``SSI'') and their families that may result
in long-term improvement in the SSI child recipient's
economic status and self-sufficiency: 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: Provided further, That
$20,000,000 of these funds shall be available to the
Secretary for one-time emergency relief and restoration
grants consistent with the purposes of the Randolph-Sheppard
Act as authorized under 20 U.S.C. 107f: Provided further,
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 resulting from the
COVID-19 emergency, but only to the extent that such losses
are not otherwise compensated: Provided further, That any
funds in excess of the amount needed for 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
[[Page H4074]]
this Act, and determined through active participation with
the State committee of blind vendors as required.
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, $32,931,000.
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,
$81,000,000: 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, $139,861,000: 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''), $1,985,686,000, of which $1,194,686,000
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, $24,565,352,000 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,
$1,768,943,000, 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 and compliance with Federal and State
law: 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: 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 the Department shall re-allocate accounts from servicers
for recurring non-compliance with FSA guidelines, contractual
requirements, and Federal and State law, 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,
including Federal and State law: 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, including Federal and
State law; and have relevant experience and demonstrated
effectiveness: Provided further, That the Secretary shall
not delay, prevent, or otherwise obstruct, directly or
indirectly, State oversight of the Department's contractors
conducting business in such State, including loan servicers:
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 FSA shall
provide a detailed strategic plan for Next Gen to the
Committees on Appropriations of the House of Representatives
and the Senate within 60 days of enactment of this Act,
accounting for the cost of all activities associated with the
full implementation of Next Gen, including transition costs,
the amount of funding that has been used from Student Aid
Administration in each of the previous three fiscal years on
Next Gen, including an explanation of each cost and activity,
details about contracts awarded, including any change request
issued prior to enactment: Provided further, That not later
than 30 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 made available in this account for fiscal
year 2021, including the following: contracts awarded, change
requests, bonuses paid to staff, reorganization costs, and
any other activity supported by this appropriation.
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, $2,556,815,000, of which
$31,000,000 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, $254,018,000, 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 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 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
[[Page H4075]]
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,
$630,462,000, 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, $132,000,000.
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, $64,000,000, 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 be available only to meet emergency needs and 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)(4)) is amended by striking ``2020'' and inserting
``2021''.
Sec. 307. Funds appropriated in this Act under the heading
``Student Aid Administration'' shall also 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 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)), $21,000,000 are hereby
rescinded, to be derived from amounts made available by such
section for fiscal year 2021.
Sec. 309. 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. 310. 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).
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), 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, 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 first 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: Provided further, That the
Secretary shall inform all borrowers who have submitted an
Employment Certification Form and are in the incorrect
repayment program about the Temporary Expanded Public Service
Loan Forgiveness Program and requirements for qualification
under the program.
Sec. 312. (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. 313. (a) Section 487(d) of the Higher Education Act of
1965 (20 U.S.C. 1094(d)) is amended--
(1) in paragraph (1)(C), in the matter preceding clause
(i), by striking ``any funds for a program under this title''
and inserting ``any Federal education assistance funds''; and
(2) in paragraph (4)(A), by striking ``sources under this
title'' and inserting ``Federal education assistance funds''.
(b) Section 102(b) of the HEA is amended--
(1) in paragraph (1)--
(A) in subparagraph (D), by striking ``and'' after the
semicolon;
(B) in subparagraph (E), by striking the period at the end
and inserting ``; and''; and
(C) by adding at the end the following:
``(F) meets the requirements of paragraph (3),''; and
(2) by adding at the end the following:
``(3) Revenue sources.-- In order to qualify as a
proprietary institution of higher education under this
subsection, an institution shall derive not less than 15
percent of the institution's revenues from sources other than
Federal education assistance funds, as calculated in
accordance with paragraph (4).''.
(c) Paragraph (1) of section 487(d) of the HEA (as amended
by subsection (a)) is--
(1) transferred to section 102(b) of such Act;
(2) inserted so as to appear after paragraph (3) of such
section 102(b) (as added by subsection (b);
(3) redesignated as paragraph (4) of such section 102(b);
and
(4) further amended by striking ``subsection (a)(24)'' and
inserting ``paragraph (3)''.
(d) Paragraph (3) of section 487(d) of the HEA is--
(1) transferred to section 102(b) of such Act;
(2) inserted so as to appear after paragraph (4) of such
section 102(b) (as added by subsection (c));
(3) redesignated as paragraph (5) of such section 102(b);
and
(4) further amended by striking ``subsection (a)(24)'' and
inserting ``paragraph (3)''.
(e) Paragraph (4) of section 487(d) of the HEA (as amended
by subsection (a)) is--
(1) transferred to section 102(b) of such Act;
(2) inserted so as to appear after paragraph (5) of such
section 102(b) (as added by subsection (d));
[[Page H4076]]
(3) redesignated as paragraph (6) of such section 102(b);
and
(4) further amended by striking ``subsection (a)(24)'' and
inserting ``paragraph (3)''.
(f) Section 103 of the HEA (20 U.S.C. 1003) is amended by
adding at the end the following:
``(25) Federal education assistance funds.-- The term
`Federal education assistance funds'--
``(A) except as provided in subparagraph (B), means any
Federal funds provided, under this Act or any other Federal
law, through a grant, contract, subsidy, loan, or guarantee,
or through insurance or other means (including Federal funds
disbursed or delivered to an institution or on behalf of a
student or to a student to be used to attend the
institution); and
``(B) does not include any monthly housing stipend provided
under the Post-9/11 Educational Assistance Program under
chapter 33 of title 38, United States Code.''.
(g) Subsection (a)(24), the subsection designation and
heading of subsection (d), and subsection (d)(2) of section
487 the Higher Education Act of 1965 (20 U.S.C. 1094) are
repealed.
Sec. 314. (a) None of the funds appropriated by this title
may be used to--
(1) implement, enforce, or otherwise give effect to the
final rule entitled, ``Nondiscrimination on the Basis of Sex
in Education Programs or Activities Receiving Federal
Financial Assistance'' as published in the Federal Register
on May 19, 2020 (85 Fed. Reg. 30,026); or
(2) propose or issue any rule or guidance that is in
substantially the same form or substantially the same as any
of such proposed amendments.
(b) Nothing in this section shall prevent the Secretary of
Education or the Office for Civil Rights of the Department of
Education from enforcing the protection provided by title IX
of the Education Amendments of 1972 against sexual harassment
in accordance with the standards set out in the guidance,
entitled ``Revised Sexual Harassment Guidance: Harassment of
Students by School Employees, Other Students, or Third
Parties'' as published in the Federal Register on January 19,
2001 (66 Fed. Reg. 5,512).
Sec. 315. (a) Notwithstanding section 401(b)(6) of the HEA,
a Federal Pell Grant under section 401 of the HEA may be
awarded to an incarcerated individual (or on behalf of such
individual) for each academic year during which that
individual is enrolled at an eligible institution that meets
the criteria described in subsection (b).
(b) The criteria described in this subsection are as
follows:
(1) The eligible institution--
(A) is an institution of higher education (as defined in
section 101 of the HEA) or a postsecondary vocational
institution (as defined in section 102(c) of the HEA); and
(B) during the preceding five years, has not been subject
to the denial, withdrawal, suspension, or termination of
accreditation.
(2) Such institution provides each incarcerated individual,
upon completion of a course offered by the institution, with
academic credits that are the equivalent to credits earned by
non-incarcerated students for an equivalent course of study.
(3) Such institution provides to the Secretary confirmation
from each facility involved that the course of study offered
by the institution at such facility is accessible to
incarcerated individuals (including such individuals who are
individuals with disabilities).
(4) Such institution does not (directly or indirectly)
charge an incarcerated individual for an award year, an
amount that exceeds the total grant aid received by the
individual for such award year.
(5) Such institution makes available to incarcerated
individuals who are considering enrolling in a course of
study offered by the institution, in simple and
understandable terms, the following:
(A) Information with respect to each course of study at the
institution for which such an individual may receive a
Federal Pell Grant, including--
(i) the cost of attendance (as defined in section 472 of
the HEA);
(ii) the mode of instruction (such as distance education,
in-person instruction, or a combination of such modes);
(iii) how enrollment in such course of study will impact
the period of eligibility for Federal Pell Grants for such an
individual, including in a case in which the individual is
transferred to another facility or released before the
completion of such course;
(iv) the transferability of credits earned, and the
acceptability of such credits toward a certificate or degree
program offered by the institution;
(v) the process for continuing postsecondary education--
(I) upon transfer to another facility; or
(II) after the student's period of incarceration or
confinement; and
(vi) the process for continuing enrollment at the
institution after the student's period of incarceration or
confinement, including any barriers to admission (such as
criminal history questions on applications for admission to
such institution).
(B) In the case of an institution that offers a program to
prepare incarcerated individuals for gainful employment in a
recognized occupation (as such term is used in sections
101(b)(1), 102(c)(1)(A), and 481(b)(1)(A)(i) of the HEA)--
(i) information on any applicable State licensure and
certification requirements, including the requirements of the
State in which the facility involved is located and each
State in which such individuals permanently reside; and
(ii) restrictions related to the employment of formerly
incarcerated individuals for each recognized occupation for
which the course of study prepares students, including such
restrictions--
(I) in Federal law; and
(II) in the laws of the State in which the facility
involved is located and each State in which such individuals
permanently reside.
(c) In this section:
(1) The term ``facility'' means--
(A) a place used for the confinement of individuals
convicted of a criminal offense that is owned by, or under
contract to, the Bureau of Prisons, a State, or a unit of
local government: or
(B) a facility to which an individual subject to
involuntary civil confinement is committed.
(2) The term ``facility involved'' means, when used with
respect to an institution of higher education, a facility at
which a course of study of the institution is offered to
incarcerated individuals.
(3) The term ``incarcerated individual'' means an
individual who is incarcerated in a facility or who is
subject to an involuntary civil commitment.
(4) The term ``non-incarcerated student'' means a student
at an institution of higher education who is not an
incarcerated individual.
(d) This section shall be in effect until titles I, II,
III, IV and V of the HEA are reauthorized.
Sec. 316. None of the funds appropriated by this title for
the Department of Education shall be withheld from an
institution of higher education solely because that
institution is conducting or preparing to conduct research on
marihuana as defined in 21 U.S.C. 802(16).
Sec. 317. The Secretary shall require any information
required to be publicly disclosed for the purpose of
comparing institutions of higher education, programs and
credentials (including their competencies), to be published
using an open source description schema that is designed to
allow for public search and comparison through linked open
data, such as the credential transparency description
language specifications or a substantially similar approach.
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, $10,000,000: 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 $1,650,000 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''), $848,529,000, 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) $19,538,000
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) $34,500,000 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, $212,342,000, 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
[[Page H4077]]
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, $86,737,000.
office of inspector general
For necessary expenses of the Office of Inspector General
in carrying out the Inspector General Act of 1978,
$6,750,000.
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,
$515,000,000: 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, $277,824,000
of which $1,000,000 shall be used to develop a system and
procedures to conduct union representation elections
electronically: Provided, That the National Labor Relations
Board shall use funds provided under this heading to expand
the number of regional full-time equivalent staff above the
amount on-board at the end of the fourth quarter of fiscal
year 2019: Provided further, That the system and procedures
described in the previous proviso shall be available to
conduct union representation elections electronically no
later than 30 days after the date of enactment of this Act.
administrative provisions
Sec. 407. None of the funds made available by this Act may
be used to implement , enforce, or take any action in
furtherance of the final rule on ``The Standard for
Determining Joint-Employer Status'' published by the National
Labor Relations Board in the Federal Register on February 26,
2020 (85 Fed. Reg. 11184 et seq.).
Sec. 408. None of the funds made available by this Act may
be used to implement, enforce, or take any actions in
furtherance of, the final rule on ``Representation-Case
Procedures'' published by the National Labor Relations Board
in the Federal Register on December 18, 2019 (84 Fed. Reg.
69524 et seq.).
Sec. 409. (a) None of the funds made available by this Act
may be used to restructure or realign the National Labor
Relations Board until 240 days after the National Labor
Relations Board submits to the Committees on Appropriations
of the House of Representatives and the Senate (in this
section referred to as the ``Committees on Appropriations'')
and to the Comptroller General of the United States, the
proposed restructuring or realignment plan of the National
Labor Relations Board.
(b) Not later than 180 days after the National Labor
Relations Board submits to the Committees on Appropriations
the plan described in subsection (a), the Comptroller General
shall submit to the Committees on Appropriations a report
assessing such plan.
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
[[Page H4078]]
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, $126,500,000, 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 $10,000,000, 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
$11,000,000, 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, $40,172,492,000, 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
$12,834,945,000 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 of the amount made
available in the preceding proviso, $4,000,000 shall be
transferred to the ``Office of Inspector General'', Social
Security Administration, 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 such transfer
authority is in addition to any other transfer authority
provided by law: 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
[[Page H4079]]
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; or
(4) 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.
(c) 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 the current year fiscal year, 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 that--
(1) relocates an office or employees;
(2) reorganizes or renames offices; or
(3) reorganizes programs or activities;
unless the relocation, renaming, or reorganization was
included in the President's fiscal year 2021 budget proposal,
including the accompanying justification documents submitted
to the Committees on Appropriations of the House of
Representatives and the Senate, and such committees are
consulted at least 15 days in advance of such relocation,
renaming, or reorganization.
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 detailed table in the committee report
accompanying this 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
[[Page H4080]]
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. 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. 522. 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. 523. (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. 524. 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. 525. 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. 526. 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.
Sec. 527. None of the funds appropriated in this Act may
be used to finalize or implement the proposed regulation
titled ``Rules Regarding the Frequency and Notice of
Continuing Disability Reviews'' published by the Social
Security Administration on November 18, 2019 (84 Fed. Reg.
63588 et seq.).
Sec. 528. None of the funds appropriated in this Act may
be used to finalize or implement the notice of proposed
rulemaking titled ``Hearings Held by Administrative Appeals
Judges of the Appeals Council'' published by the Social
Security Administration on December 20, 2019 (84 Fed. Reg.
70080 et seq.).
(rescission)
Sec. 529. Of the unobligated balances made available by
section 301(b)(3) of Public Law 114-10, $5,185,000,000 are
hereby permanently rescinded.
Sec. 530. Of the unobligated balances made available for
purposes of carrying out section 2105(a)(3) of the Social
Security Act, $6,566,000,000 shall not be available for
obligation in this fiscal year.
Sec. 531. (a) Any funds made available by this Act that are
used to fund an apprenticeship or apprenticeship program
shall only be used for, or provided to, an apprenticeship or
apprenticeship program that meets the definition in
subsection (b), including any funds awarded for the purposes
of grants, contracts, or cooperative agreements, or the
development, implementation, or administration, of an
apprenticeship or an apprenticeship program.
(b) The term ``apprenticeship'' or ``apprenticeship
program'' means an apprenticeship program registered under
the Act of August 16, 1937 (commonly known as the ``National
Apprenticeship Act''; 50 Stat. 664, chapter 663; 29 U.S.C. 50
et seq.), including any requirement, standard, or rule
promulgated under such Act, as such requirement, standard, or
rule was in effect on December 30, 2019.
TITLE VI
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Centers for Disease Control and Prevention
cdc-wide activities and program support
For an additional amount for ``CDC-Wide Activities and
Program Support'', $9,000,000,000, to remain available until
September 30, 2025, for public health and emergency
preparedness and response, domestically or internationally:
Provided, That of the amount made available under this
heading, $2,000,000,000 shall be for public health emergency
preparedness cooperative agreements under section 319C-1 of
the PHS Act: Provided further, That of the amount made
available under this heading, $1,000,000,000 shall be for
epidemiology and laboratory capacity cooperative agreements
under section 2821 of the PHS: Provided further, That funds
made available in the preceding proviso may be used for
construction, alteration, or renovation of non-federally
owned facilities, or the purchase of equipment: Provided
further, That all construction, alteration, or renovation
work, carried out in whole or in part with funds appropriated
under this heading in this Act, shall be subject to the
requirements of section 1621(b)(1)(I) of the PHS Act (42
U.S.C. 300s-1(b)(1)(I)): Provided further, That of the
amount made available under this heading for specified
programs, not less than $150,000,000 shall be allocated to
Tribes, Tribal organizations, urban Indian health
organizations, or health service providers to Tribes:
Provided further, That of the amount made available under
this heading, $1,000,000,000 shall be for global disease
detection and emergency response: Provided further, That of
the amount made available under this heading, $4,000,000,000
shall be for a vaccination campaign, including preparedness,
operations, and distribution, and a comprehensive campaign to
achieve coverage goals, and for an enhanced influenza
vaccination campaign, including purchase of vaccine as
necessary to increase coverage: Provided further, That the
Director of the Centers for Disease Control and Prevention
shall provide a briefing to the Committees on Appropriations
of the House of Representatives and the Senate at least one
week prior to obligating funds made available in the
preceding proviso on the CDC's plans for vaccination
campaigns in fiscal year 2021: Provided further, That of the
amount made available under this heading, $400,000,000 shall
be for public health data surveillance and analytics
infrastructure modernization: Provided further, That of the
amount made available under this heading, $200,000,000 shall
be for activities to support public health workforce
development, including the Epidemic Intelligence Service
fellowship program: Provided further, That of the amount
made available under this heading, $400,000,000 shall be
transferred to and merged with amounts in the Infectious
Diseases Rapid Response Reserve Fund, established by section
231 of Division B of Public Law 115-245: 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'',
$5,000,000,000, to remain available until September 30, 2025:
Provided, That funds made available under this heading may
be used to offset the costs related to reductions in
laboratory productivity resulting from interruptions or
shutdowns of research activity in fiscal year 2020: Provided
further, That funds made
[[Page H4081]]
available under this heading may be transferred to the
accounts of the Institutes and Centers of the National
Institutes of Health (``NIH''): Provided further, That the
transfer authority in the preceding proviso is in addition to
any other transfer authority available to the NIH: Provided
further, That of the amount made available under this
heading, the Director of NIH shall transfer not less than
$2,500,000,000 to the accounts of the Institutes and Centers
of the NIH in proportion to the amounts otherwise made
available to such Institutes and Centers under the heading
``National Institutes of Health'' in division A of the
Further Consolidated Appropriations Act, 2020 (Public Law
116-94): Provided further, That of the amount made available
under this heading, the Director of NIH shall transfer to
``Buildings and Facilities'' an amount equal to the amount
made available for buildings and facilities at the NIH in
section 237 of division A of such Act: Provided further,
That the Director of the NIH shall provide a briefing to the
Committees on Appropriations of the House of Representatives
and the Senate at least one week prior to obligating funds
made available under this heading on the NIH's plans for
obligating emergency funds: 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.
Office of the Secretary
public health and social services emergency fund
For an additional amount for ``Public Health and Social
Services Emergency Fund'', $4,500,000,000, to remain
available until September 30, 2025, for the development of
necessary countermeasures and vaccines, prioritizing
platform-based technologies with U.S.-based manufacturing
capabilities, the purchase of vaccines, therapeutics,
diagnostics, and necessary medical supplies, as well as
initial advance manufacturing and novel dispensing:
Provided, That funds made available under this heading may be
used to develop and demonstrate innovations and enhancements
to manufacturing platforms to support such capabilities:
Provided further, That products purchased with funds
appropriated under this heading 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 PHS
Act: Provided further, That funds made available under this
heading may be transferred to, and merged with, the fund
authorized by section 319F-4, the Covered Countermeasure
Process Fund, of the PHS Act: Provided further, That of the
amount made available under this heading, $3,500,000,000
shall be available to the Biomedical Advanced Research and
Development Authority for necessary expenses of advanced
research, development, manufacturing, production, and
purchase of vaccines and therapeutics: Provided further,
That the Director of the Biomedical Advanced Research and
Development Authority shall provide a briefing to the
Committees on Appropriations of the House of Representatives
and the Senate at least one week prior to obligating funds
made available in the preceding proviso on the Department's
plans to produce a sufficient supply of vaccine for the U.S.
population: Provided further, That of the amount made
available under this heading, $500,000,000 shall be available
to the Biomedical Advanced Research and Development Authority
for the construction, renovation, or equipping of U.S.-based
next generation manufacturing facilities, other than
facilities owned by the United States Government: Provided
further, That of the amount made available under this
heading, $500,000,000 shall be available to the Biomedical
Advanced Research and Development Authority to promote
innovation in antibacterial research and development:
Provided further, That funds made available under this
heading may be used for grants for the rent, lease, purchase,
acquisition, construction, alteration, or renovation of non-
federally owned facilities to improve preparedness and
response capability at the State and local levels: Provided
further, That funds made available under this heading may be
used for the construction, alteration, renovation or
equipping of non-federally owned facilities for the
production of vaccines, therapeutics, diagnostics, and
medicines and other items purchased under section 319F-2(a)
of the PHS Act where the Secretary determines that such use
is necessary to assure sufficient domestic production of such
supplies: Provided further, That all construction,
alteration, or renovation work, carried out in whole or in
part with funds made available under this heading, shall be
subject to the requirements of section 1621(b)(1)(I) of the
PHS Act (42 U.S.C. 300s-1(b)(1)(I)): 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.
public health emergency fund
For an additional amount for ``Public Health Emergency
Fund'', $5,000,000,000, to remain available until expended,
to be deposited into the Public Health Emergency Fund, as
established under section 319(b) of the Public Health Service
Act: Provided, That products purchased with funds
appropriated under this heading 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 the
Secretary of Health and Human Services (or the Assistant
Secretary for Preparedness and Response on behalf of the
Secretary) shall provide a briefing to the Committees on
Appropriations of the House of Representatives and the Senate
at least one week prior to obligating funds made available
under this heading on the Department's plans for obligating
emergency funds: 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
Sec. 601. 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.
Sec. 602. Not later than 30 days after the date of
enactment of this Act, the Secretary of Health and Human
Services shall provide a detailed spend plan of anticipated
uses of funds made available to the Department of Health and
Human Services 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, 2025: 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.
Sec. 603. None of the funds made available by this Act may
be used to implement, enforce, or otherwise give effect to
the rule entitled ``Religious Exemptions and Accommodations
for Coverage of Certain Preventive Services Under the
Affordable Care Act'' (83 Fed. Reg. 57536 (November 15,
2018)), or the rule entitled ``Moral Exemptions and
Accommodations for Coverage of Certain Preventive Services
Under the Affordable Care Act'' (83 Fed. Reg. 57592 (November
15, 2018)).
This Act may be cited as the ``Departments of Labor, Health
and Human Services, and Education, and Related Agencies
Appropriations Act, 2021''.
DIVISION F--TRANSPORTATION, HOUSING AND URBAN DEVELOPMENT, AND RELATED
AGENCIES APPROPRIATIONS ACT, 2021
That the following sums are appropriated, out of any money
in the Treasury not otherwise appropriated, for the
Departments of Transportation, and Housing and Urban
Development, and related agencies for the fiscal year ending
September 30, 2021, and for other purposes, namely:
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 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 $60,000
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 made available by 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, $19,800,000,
of which $12,718,000 shall remain available until expended:
Provided, That of the amounts made available under this
heading, $3,000,000, to remain available until expended,
shall be for the Highly Automated Systems Safety Center of
Excellence established by section 105 of title I of division
H of the Further Consolidated Appropriations Act, 2020
(Public Law 116-94): 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: Provided further, That
any reference in law, regulation, judicial proceedings, or
elsewhere to the Research and Innovative Technology
Administration shall continue to be
[[Page H4082]]
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, 2026: Provided, That the Secretary of
Transportation 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 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 amounts made
available under this heading, the Secretary shall use an
amount not less than $20,000,000 for the planning,
preparation, or design of projects eligible for amounts made
available under this heading, with an emphasis on transit,
transit oriented development, and multimodal projects:
Provided further, That of the amounts made available under
this heading, the Secretary shall use an amount not less than
$20,000,000 for the planning, preparation, or design of
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 20 percent or more 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 preceding 3 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
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
equitable distribution of funds between urban and rural
areas, and the investment in a variety of transportation
modes, including public transit, passenger rail, and
pedestrian improvements: 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 that are
not port infrastructure investments (including inland port
infrastructure and land ports of entry): 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, as designated
by the Bureau of the Census, that had a population greater
than 250,000 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, 60 percent shall be awarded as urban awards and
40 percent shall be awarded as rural awards: Provided
further, That for rural awards, the minimum grant size shall
be $1,000,000 and 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 $25,000,000 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 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 preceding 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 not
later than 60 days after the date of 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 preceding 2 provisos, the
Secretary shall make grants not later than 270 days after the
date of 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
section 116 of title 49, United States Code, $15,500,000, to
remain available until expended: Provided, That of the
amounts made available under this heading, $10,000,000 shall
be for planning grants to assist areas of persistent poverty:
Provided further, That the term ``areas of persistent
poverty'' means any county that has consistently had 20
percent or more 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 planning grants under this heading shall be in
the form of competitive grants to eligible entities to
support pre-construction activities including planning,
engineering, design, environmental analysis, feasibility
studies, and finance plans for eligible projects: Provided
further, That eligible entities for planning grants under
this heading shall include a State, local, or Tribal
government, a U.S. territory, a transit agency, a port
authority or commission, a metropolitan planning
organization, other political subdivisions of a State or a
local government, or a collaboration among such entities:
Provided further, That eligible projects for planning grants
under this heading shall include highway, bridge, and bicycle
and pedestrian 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
improvement projects; airport improvement projects; and
intermodal projects that are located in or to directly
benefit areas of persistent poverty: Provided further, That
the Secretary of Transportation shall conduct outreach to
eligible entities for planning grants under this heading
through personal contact, webinars, web materials, or other
appropriate methods determined by the Secretary, to ensure
such eligible entities are aware of the availability of
planning grants under this heading and are able to apply for
such grants: Provided further, That the Federal share of the
costs for planning grants under this heading shall be, at the
option of the eligible entity, not less than 90 percent of
the net total project cost: Provided further, That the
Secretary shall not use the requested amount of the Federal
share or an eligible entities' ability to generate non-
Federal revenue as a selection criteria in awarding planning
grants under this heading: Provided further, That a planning
grant funded under this heading shall be not less than
$100,000 and not greater than $500,000: Provided further,
That for planning grants under this heading priority
consideration shall be, without regard to rural or urban
areas of persistent poverty, based on project justification
and demonstrated need: Provided further, That for planning
grants under this heading the Secretary shall consider
factors such as improving safety and state of good repair,
reducing congestion and vehicle emissions, and increasing
connectivity and quality of life when considering
demonstrated need: Provided further, That the Secretary may
withhold up to 1 percent of the amounts made available for
planning grants under this heading for the costs of award and
grant administration.
railroad rehabilitation and improvement financing program
For the cost of modifications, as defined by section 502 of
the Federal Credit Reform Act of 1990, of direct loans issued
pursuant to sections 501 through 504 of the Railroad
Revitalization and Regulatory Reform Act of 1976 (Public Law
94-210), and included in cohort 3, as defined by the
Department of Transportation's memorandum to the Office of
Management and Budget dated November 5, 2018, $70,000,000, to
remain available until expended: Provided, That, for a
direct loan included in such cohort 3 that has satisfied all
obligations attached to such loan, the Secretary shall repay
the credit risk premiums of such loan, with interest accrued
thereon, not later than 60 days after the enactment of this
Act or, for a direct loan included in such cohort 3 with
obligations that have not yet been satisfied, not later than
60 days after the date on which all obligations attached to
such loan have been satisfied: Provided further, That the
Secretary of Transportation 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), and such authority shall exist
so long as any such direct loan or loan guarantee is
outstanding.
[[Page H4083]]
financial management capital
For necessary expenses for upgrading and enhancing the
Department of Transportation's financial systems and
reengineering business processes, $2,000,000, to remain
available until 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, $19,300,000, 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, $10,879,000, 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
$372,016,000, 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,
$162,000,000, 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 none of the funds made
available in this Act or any other Act shall be used to enter
into a new contract with a community located less than 40
miles from the nearest small hub airport before the Secretary
has negotiated with the community over a local cost share:
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.
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. Notwithstanding section 3324 of title 31, United
States Code, in addition to authority provided by section 327
of title 49, United States Code, the Department's Working
Capital Fund is authorized to provide payments in advance to
vendors that are necessary to carry out the Federal transit
pass transportation fringe benefit program under Executive
Order 13150 and section 3049 of SAFETEA-LU (5 U.S.C. 7905
note): Provided, That the Department shall include adequate
safeguards in the contract with the vendors to ensure timely
and high-quality performance under the contract.
Sec. 105. 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 190 of this Act: Provided,
That obligations in fiscal year 2021 of such collections
shall not exceed $1,000,000.
Sec. 106. (a) The remaining unobligated balances, as of
September 30, 2020, from amounts made available for the
``Department of Transportation--Office of the Secretary--
National Infrastructure Investments'' in division K of the
Consolidated Appropriations Act, 2017 (Public Law 115-31) are
hereby permanently rescinded, and an amount of additional new
budget authority equivalent to the amount rescinded is hereby
appropriated on September 30, 2020, to remain available until
September 30, 2021, and shall be available, without
additional competition, for completing the funding of awards
made pursuant to the fiscal year 2017 national infrastructure
investments program.
(b) The remaining unobligated balances, as of September 30,
2020, from amounts made available for the ``Department of
Transportation--Office of the Secretary--National
Infrastructure Investments'' in division L of the
Consolidated Appropriations Act, 2018 (Public Law 115-141)
are hereby permanently rescinded, and an amount of additional
new budget authority equivalent to the amount rescinded is
hereby appropriated on September 30, 2020, 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 2018 national
infrastructure investments program.
(c) 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, 2023, and shall be available, without
additional competition, for completing the funding of awards
made pursuant to the fiscal year 2019 national infrastructure
investments program.
(d) The remaining unobligated balances, as of September 30,
2022, from amounts made available for the ``Department of
Transportation--Office of the Secretary--National
Infrastructure Investments'' in division H of the Further
Consolidated Appropriations Act, 2020 (Public Law 116-94) are
hereby permanently rescinded, and an amount of additional new
budget authority equivalent to the amount rescinded is hereby
appropriated on September 30, 2022, to remain available until
September 30, 2025, and shall be available, without
additional competition, for completing the funding of awards
made pursuant to the fiscal year 2020 national infrastructure
investments program.
Federal Aviation Administration
operations
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, $11,051,500,000, to
remain
[[Page H4084]]
available until September 30, 2022, to be derived from the
general fund: Provided, That of the amounts made available
under this heading--
(1) not less than $1,500,000,000 shall be available for
aviation safety activities;
(2) not to exceed $8,231,000,000 shall be available for air
traffic organization activities;
(3) not to exceed $27,555,000 shall be available for
commercial space transportation activities;
(4) not to exceed $836,000,000 shall be available for
finance and management activities;
(5) not to exceed $62,862,000 shall be available for
NextGen and operations planning activities;
(6) not to exceed $129,000,000 shall be available for
security and hazardous materials safety; and
(7) not to exceed $265,083,000 shall be available for staff
offices, of which $7,500,000 is for the Minority Serving
Institutions internship program:
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
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 made available
under this heading, including aircraft for aviation
regulation and certification; to be derived from the general
fund, $3,045,000,000, of which $550,000,000 shall remain
available until September 30, 2022, and $2,495,000,000 shall
remain available until September 30, 2023: 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 of
Transportation shall transmit to 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
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,
$192,665,000, to be derived from the general 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 amounts made available under this heading shall be used
in accordance with the report accompanying this Act:
Provided further, That not to exceed 10 percent of any
funding level specified under this heading in the report
accompanying this Act may be transferred to any other funding
level specified under this heading in the report accompanying
this 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 of Transportation 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, $500,000,000, to remain available through
September 30, 2023: Provided, That amounts made available
under this heading shall be derived from the general fund,
and such amounts shall not be subject to apportionment
formulas, special apportionment categories, or minimum
percentages under chapter 471 of title 49, United States
Code: Provided further, That the Secretary shall distribute
amounts made available under this heading as discretionary
grants to airports: Provided further, That the amounts 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
[[Page H4085]]
may retain up to 0.5 percent of the amounts made available
under this heading to fund the award and oversight by the
Administrator of grants described 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. None of the funds made available by this Act may
be obligated or expended for retention bonuses for an
employee of the Federal Aviation Administration without the
prior written approval of the Assistant Secretary for
Administration of the Department of Transportation.
Sec. 117. Notwithstanding any other provision of law, none
of the funds made available by 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 from any display of the Federal Aviation
Administration's Aircraft Situational Display to Industry
data that is made available to the public, except data made
available to a Government agency, for the noncommercial
flights of that owner or operator.
Sec. 118. None of the funds made available by this Act
shall be available for salaries and expenses of more than 9
political and Presidential appointees in the Federal Aviation
Administration.
Sec. 119. 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 13642.
Sec. 119A. 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. 119B. 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. 119C. 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. 119D. 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 $478,897,049, 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 up to $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
Act (Public Law 114-94), or any successor surface
transportation reauthorization Act authorizing appropriations
for fiscal year 2021, shall not exceed total obligations of
$61,130,000,000 for fiscal year 2021: 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 fees are in addition to administrative
expenses that are also available for such purpose, and are
not subject to any obligation limitation or the limitation on
administrative expenses under section 608 of title 23, United
States Code: Provided further, That for amounts subject to
the obligation limitation under this heading during fiscal
year 2021, the Federal share of activities undertaken
pursuant to chapters 1 or 2 of title 23, United States Code
shall be, at the option of the State, District of Columbia,
territory, Puerto Rico, or Indian Tribe, as applicable, up to
100 percent: Provided further, That the preceding proviso
does not apply to programs authorized under sections 115 and
117 of title 23, United States Code.
(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,
$61,869,000,000 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 of
Transportation $1,000,000,000: 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 Act 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 the Intermodal
Surface Transportation Efficiency Act (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 the FAST Act (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) $632,220,000 shall be for activities 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) $100,000,000 shall be for necessary expenses for
construction of the Appalachian Development Highway System as
authorized under section 1069(y) of the Intermodal
Transportation Efficiency Act of 1991 (Public Law 102-240);
(3) $3,150,000 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;
(4) $630,000 shall be for activities eligible under the
Territorial Highway Program, as described in section
165(c)(6) of title 23, United States Code;
(5) $150,000,000 shall be for the nationally significant
Federal lands and tribal projects program under section 1123
of the FAST Act;
(6) $50,000,000 shall be for competitive grants for
activities described in section 130(a) of title 23, United
States Code;
(7) $30,000,000 shall be for the Tribal Transportation
program as authorized under section 202 of title 23, United
States Code;
(8) $15,000,000 shall be for grants for Advanced Digital
Construction Management Systems;
(9) $12,000,000 shall be for the Regional Infrastructure
Accelerator Demonstration Program authorized under section
1441 of the FAST Act;
(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;
and
(11) $2,000,000 shall be for research that leads to
decreases in highway and pedestrian fatalities among Tribal
populations:
Provided further, That for the purposes of funds made
available under 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 paragraph (1) shall be sub-allocated 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: Provided further, That the funds made
[[Page H4086]]
available under paragraph (1) shall be administered as if
apportioned under chapter 1 of such title and 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 for amounts made available under paragraphs (1), (2),
(3), (4), (6), and (7), the Federal share of the costs shall
be, at the option of the recipient, up to 100 percent:
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 the funds made available for the Tribal
Transportation Program shall be sub-allocated in the manner
described in section 202(b)(3)(A)(i)(IV) of such title,
except that the set-asides described in subparagraph (C) of
section 202(b)(3) of such title and subsections (a)(6), (c),
(d), and (e) of section 202 of such title shall not apply to
funds made available under this heading: Provided further,
That the funds made available under this heading, in
paragraph (6) of the fourth proviso, shall be available for
projects eligible under section 130(a) of such title, 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 the purposes of
funds made available under this heading for construction of
the Appalachian Development Highway System (ADHS), the term
``Appalachian State'' means a State that contains one 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 ADHS shall remain available until expended: Provided
further, That a project carried out with funds made available
under this heading for construction of the ADHS 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 ADHS 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 ADHS, adjusted to
exclude corridors that such States have no current plans to
complete, as reported in the 2013 Appalachian Development
Highway System Completion Report, unless such States have
modified and assigned a higher priority for completion of an
ADHS corridor, as reported in the 2020 ADHS 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
25 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.
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;
(B) amounts authorized for the Bureau of Transportation
Statistics; and
(C) amounts authorized as special one-year funding under
any successor surface transportation reauthorization Act
authorizing appropriations for fiscal year 2021;
(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), (except for the obligation
limitation made available under section (a)(1)(C)), 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
[[Page H4087]]
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 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 of Transportation 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.
Sec. 124. 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. 125. (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, United States
Code, or section 165 of title 23, United States Code, 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
Transportation of its intent to use its authority under this
section and submits a quarterly 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 of Transportation 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, which was
authorized to be appropriated or appropriated more than 10
fiscal years prior to the current fiscal year, 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, which was
authorized to be appropriated or appropriated more than 10
fiscal years prior to the current fiscal year, 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 5 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 each
quarter to the House and Senate Committees on Appropriations.
Sec. 126. Until final guidance is published, the
Administrator of the Federal Highway Administration shall
adjudicate requests for Buy America waivers under the rules
and regulations that were in effect prior to April 17, 2017.
The Administrator shall process such requests not later than
90 days after receipt of the request or such waivers will be
granted automatically.
Sec. 127. Amounts for which a limitation on obligations
that otherwise would have expired at the end of fiscal year
2020 that has been extended through the end of fiscal year
2021 shall not be subject to section 120(a)(2) of this Act.
Federal Motor Carrier Safety Administration
motor carrier safety operations and programs
(liquidation of contract authorization)
(limitation on obligations)
(highway trust fund)
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 or any successor surface
transportation reauthorization Act authorizing appropriations
for fiscal year 2021, $379,500,000, to be derived from the
Highway Trust Fund (other than the Mass Transit Account),
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 $379,500,000 for ``Motor Carrier Safety
Operations and Programs'' for fiscal year 2021, of which not
less than $85,000,000, to remain available for obligation
until September 30, 2023, is for the development,
modernization, and enhancement of information technology and
information management systems and for the continuing
operation of and maintenance of such systems: Provided
further, That not less than $13,073,000, to remain available
for obligation until September 30, 2023, is for the research
and technology program, of which not less than $3,300,000
shall be available to begin the Large Truck Crash Causal
Factors study: Provided further, That $20,000,000 for
carrying out activities under this heading, including the
modernization and maintenance of border facilities, is to
remain available for obligation until September 30, 2025.
motor carrier safety grants
(liquidation of contract authorization)
(limitation on obligations)
(highway trust fund)
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 or any successor surface transportation
reauthorization Act authorizing appropriations for fiscal
year 2021, $506,200,000 to be derived from the Highway Trust
Fund (other than the Mass Transit Account) 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 $506,200,000
in fiscal year 2021 for ``Motor Carrier Safety Grants'':
Provided further, That of the sums appropriated under this
heading--
(1) $389,212,000 shall be available for the motor carrier
safety assistance program;
(2) $56,880,000 shall be available for the commercial
driver's license program implementation program;
(3) $59,108,000 shall be available for the high priority
activities program; and
(4) $1,000,000 shall be made available for commercial motor
vehicle operators grants.
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.
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, $214,073,440, 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 section 403 of title 23, United States Code,
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) or
any successor surface transportation reauthorization Act
authorizing appropriations for fiscal year 2021, and chapter
303 of title 49, United States Code, $170,612,000 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 made available by this Act
shall be available for the planning or execution of programs
the total obligations for which, in fiscal year 2021, are in
excess
[[Page H4088]]
of $170,612,000: Provided further, That of the funds
appropriated under this heading--
(1) $165,112,000 shall be for programs authorized under
section 403 of title 23, United States Code, 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 of the $170,612,000 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 sections 402, 404, and 405 of title 23, United
States Code, and section 4001(a)(6) of the Fixing America's
Surface Transportation Act, to remain available until
expended, $855,488,000, to be derived from the Highway Trust
Fund (other than the Mass Transit Account): Provided, That
none of the funds made available by 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
$855,488,000 for programs authorized under sections 402, 404,
and 405 of title 23, United States Code, and section
4001(a)(6) of the Fixing America's Surface Transportation
Act: Provided further, That of the sums appropriated under
this heading--
(1) $384,800,000 shall be for ``Highway Safety Programs''
under section 402 of title 23, United States Code;
(2) $390,900,000 shall be for ``National Priority Safety
Programs'' under section 405 of title 23, United States Code;
(3) $49,702,000 shall be for the ``High Visibility
Enforcement Program'' under section 404 of title 23, United
States Code; and
(4) $30,086,000 shall be for ``Administrative Expenses''
under section 4001(a)(6) of the Fixing America's Surface
Transportation Act:
Provided further, That for amounts subject to the
obligation limitation under this heading during fiscal year
2021, the Federal share of activities undertaken pursuant to
chapter 4 of title 23, United States Code, shall be, at the
option of the recipient, up to 100 percent: Provided
further, That none of the funds made available by this Act
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 section 405 of
title 23, United States Code, 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 section 405(a)(8) of title 23,
United States Code, 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 preceding proviso or under section
405(a)(8) of title 23, United States Code, not later than 5
days after exercising such authority.
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, $236,134,000, of
which $30,000,000 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 the
Secretary may withhold up to 2 percent of the amounts made
available 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: Provided
further, 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 section
24911(d)(1)(C) of title 49, United States Code, shall not
apply to amounts made available under this heading: Provided
further, That section 24911(d)(1)(C) of title 49, United
States Code, shall not apply to amounts made available under
this heading in previous fiscal years if such funds are
announced in a Notice of Funding Opportunity that includes
funds made available under this heading: Provided further,
That the Secretary shall issue the Notice of Funding
Opportunity for amounts made available under this heading not
later than 60 days after the date of enactment of this Act:
Provided further, That the Secretary shall announce the
selection of projects to receive awards for amounts made
available under this heading not later than 240 days after
the date of enactment of this Act.
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,
$500,000,000, to remain available until expended: Provided,
That of the amounts made available under this heading--
(1) Not less than $60,000,000 shall be for projects
eligible under section 22907(c)(5) of title 49, United States
Code;
(2) Not less than $90,000,000 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
(3) 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 made
available under this heading eligible recipients under
section 22907(b) of title 49, United States Code, shall
include any non-profit association representing Class II
railroads or Class III railroads (as such terms are defined
in section 20102 of title 49, United States Code) or rail
carriers that provide intercity rail passenger transportation
(as defined in section 24102 of title 49, United States Code)
and any holding company of a Class II railroad or Class III
railroad (as such terms are defined in section 20102 of title
49, United States Code): Provided further, That section
22907(e)(1)(A) of title 49, United States Code, shall not
apply to amounts made available under this heading: Provided
further, That section 22907(e)(1)(A) of title 49, United
States Code, shall not apply to amounts made available under
this heading in previous fiscal years if such funds are
announced in a Notice of Funding Opportunity that includes
funds made available under this heading: 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 2 percent of the amounts made available 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: Provided further, That the Secretary shall
issue the Notice of Funding Opportunity for amounts made
[[Page H4089]]
available under this heading not later than 30 days after the
date of 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 the Secretary shall announce the
selection of projects to receive awards for amounts made
available under this heading not later than 210 days after
the date of enactment of this Act.
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), $5,000,000, to remain
available until expended.
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),
$750,000,000, to remain available until expended: Provided,
That the Secretary may retain up to one half of 1 percent of
the amounts made available 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
the Fixing America's Surface Transportation Act (division A
of Public Law 114-94): Provided further, That in addition to
the project management oversight funds authorized under
section 11101(c) of such Act, the Secretary may retain up to
an additional $5,000,000 of the amounts made available 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, not less than
$200,000,000 shall be made available to advance capital
projects, including rehabilitation and upgrade of railroad
infrastructure, that increase reliability or expand passenger
rail capacity on the Amtrak-owned portion of the Northeast
Corridor (as defined in section 24102(8) of title 49, United
States Code) on which more than 380 trains traveled per day
in fiscal year 2019: 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 of 1990 (42 U.S.C.
2101 et seq.).
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 amounts made
available 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 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''--
(a) 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
(b) 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--
(a) ``Capital and Debt Service Grants to the National
Railroad Passenger Corporation'' accounts totaling
$10,414,449.82 appropriated by the following public laws are
hereby permanently rescinded:
(1) Public Law 112-10 a total of $289,234.48,
(2) Public Law 112-55 a total of $4,760,000.00,
(3) Public Law 113-76 a total of $792,502.52,
(4) Public Law 113-235 a total of $1,698,806.61, and
(5) Public Law 114-113 a total of $2,873,906.21;
(b) ``Railroad Safety Technology Program'' account totaling
$613,252.29 appropriated by Public Law 111-117 is hereby
permanently rescinded;
(c) ``Capital Assistance to States - Intercity Passenger
Rail Service'' account totaling $9,867,630.69 appropriated by
Public Law 111-8 is hereby permanently rescinded;
(d) ``Rail Line Relocation and Improvement Program''
accounts totaling $12,650,365.14 appropriated by the
following public laws are hereby permanently rescinded:
(1) Public Law 110-161 a total of $923,214.63,
(2) Public Law 111-8 a total of $5,558,233.95,
(3) Public Law 111-117 a total of $3,763,767.95, and
(4) Public Law 112-10 a total of $2,405,148.61; and;
(e) ``Next Generation High-Speed Rail'' accounts totaling
$3,019,483.21 appropriated by the following public laws are
hereby permanently rescinded:
(1) Public Law 104-50 a total of $610,807.00,
(2) Public Law 104-205 a total of $5,963.71,
(3) Public Law 105-66 a total of $1,218,742.47,
(4) Public Law 105-277 a total of $17,097.00,
(5) Public Law 106-69 a total of $1,005,969.00,
(6) Public Law 108-7 a total of $43,951.57,
(7) Public Law 108-199 a total of $24,263.48, and
(8) Public Law 108-447 a total of $92,688.98.
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, of which
$15,000,000 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, or any successor
surface transportation reauthorization Act authorizing
appropriations for fiscal year 2021, $16,595,000,000, 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, or any
successor surface transportation reauthorization Act
authorizing appropriations for fiscal year 2021, shall not
exceed total obligations of $15,945,200,000 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: Provided further, That until
September 30, 2021, for amounts subject to the obligation
limitation under this heading during fiscal year 2021, the
Federal share of costs for any grant made for activities
undertaken pursuant to chapter 53 of title 49, United States
Code, shall be, at the option of the recipient, up to 100
percent but solely for funds that have not been obligated to
a grant prior to September 30, 2020: Provided further, That
the preceding proviso shall not apply to grants made pursuant
to a competitive application process in fiscal year 2021 or
any prior fiscal year: Provided further, That not including
any amounts provided under the heading ``Transit
Infrastructure Grants'' in title XII of division B of the
CARES Act (Public Law 116-136), an urbanized area or State
may obligate not more than 50
[[Page H4090]]
percent of its unobligated balances authorized under sections
5305, 5307, 5310, 5311, 5329(e)(6), 5335, 5337, 5339, and
5340 of title 49, United States Code, as of September 30,
2020, under this proviso.
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, the passenger ferry grant program as authorized under
section 5307(h) of such title, and the demonstration and
deployment of innovative mobility solutions as authorized
under section 5312 of such title, $510,000,000, to remain
available until expended: Provided, That of the amounts made
available under this heading--
(1) $374,000,000 shall be available for the buses and bus
facilities competitive grants as authorized under section
5339(b) of title 49, United States Code: Provided, That
activities that increase green space surrounding a bus
transportation hub structure are eligible for a grant under
this paragraph: Provided further, That the minimum grant
award shall be not less than $1,000,000;
(2) $125,000,000 shall be available for the low or no
emission grants as authorized under section 5339(c) of title
49, United States Code: Provided, That the minimum grant
award shall be not less than $1,250,000;
(3) $10,000,000 shall be available for the passenger ferry
grant program as authorized under section 5307(h) of title
49, United States Code: Provided, That the funds provided
under this heading 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; and
(4) $1,000,000 shall be 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:
Provided further, That the Federal share of the costs for
which any grant is made under this heading shall be, at the
option of the recipient, up to 100 percent: Provided
further, That amounts made available under this heading shall
be derived from the general fund and shall not be subject to
any limitation on obligation 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, $7,000,000, 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 (49 U.S.C. 5309 note),
$2,175,000,000, to remain available until September 30, 2024:
Provided, That of the amounts made available under this
heading, $1,848,000,000 shall be allocated by December 31,
2022: Provided further, That of the amounts made available
under this heading, $1,250,000,000 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, $300,000,000 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 (49 U.S.C. 5309 note): Provided further,
That funds made available under this heading in this or any
other Act may be available for amendments to current full-
funding grant agreements that require additional Federal
funding as a result of coronavirus: 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, of section 3005(b) of the Fixing
America's Surface Transportation Act (49 U.S.C. 5309 note),
and of section 5309(i) of title 49, United States Code:
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 (49 U.S.C. 5309
note) 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).
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 reports accompanying this 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, 2019, for 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 by this Act may
be used for the implementation or furtherance of new policies
detailed in the ``Dear Colleague'' letter distributed by the
Federal Transit Administration to capital investment grant
program project sponsors on June 29, 2018.
Sec. 167. 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. 168. 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. 169. 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. 169A. 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.
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, $40,000,000, 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 $15,800,000 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 as authorized under chapter 531 of title 46,
United States Code, to serve the national security needs of
the United States, $314,007,780, to remain available until
expended.
[[Page H4091]]
cable security fleet program
For necessary expenses to establish and maintain a fleet of
United States-documented cable vessels as authorized under
chapter 532 of title 46, United States Code, to meet the
national security requirements of the United States,
$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, $161,417,000: Provided, That
of the amounts made available under this heading--
(1) $82,289,000, to remain available until September 30,
2022, shall be for the operations of the United States
Merchant Marine Academy;
(2) $5,500,000, 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) $14,775,000, 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 not later than 120 days after the
date of enactment of this Act, 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 3507
of the Duncan Hunter National Defense Authorization Act for
Fiscal Year 2009 (46 U.S.C. 51301 note): 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 for
amounts made available under paragraphs (3) and (4) of the
first proviso, the Secretary of Transportation shall make
grants not later than 180 days after the date of enactment of
this Act in such amounts as the Secretary determines:
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, $431,700,000:
Provided, That of the amounts made available under this
heading--
(1) $30,500,000, to remain available until expended, shall
be for maintenance, repair, life extension, marine insurance,
and capacity improvement of National Defense Reserve Fleet
training ships in support of State Maritime Academies, of
which $8,000,000, to remain available until expended, shall
be for expenses related to training mariners for costs
associated with training vessel sharing pursuant to section
51504(g)(3) of title 46, United States Code, 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) $389,000,000, 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 until September 30,
2022, shall be for the Student Incentive Program;
(4) $3,800,000, to 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, $5,000,000, 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,
$300,000,000, 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
$275,000,000 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 1 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 section 50302(c)(6)(B)(i)
of title 46, United States Code, shall not apply to amounts
made available under this heading: 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 the proceeds of Federal credit
assistance under chapter 6 of title 23, United States Code,
or sections 501 through 504 of the Railroad and
Revitalization and Regulatory Reform Act of 1976 (Public Law
94-210) shall be considered to be part of the non-Federal
share of project costs if the loan is repayable from non-
Federal funds, unless otherwise requested by the project
sponsor: 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.
Sec. 171. For fiscal year 2021, in addition to payments
made pursuant to 53106 of title 46, United States Code, the
Secretary shall pay to the contractor for an operating
agreement entered into pursuant to chapter 531 of title 46,
United States Code, for each vessel that is covered by such
operating agreement as of the date of enactment of this Act,
an amount equal to $500,000: Provided, That payments
authorized by this section shall be paid not later than 60
days after the date of enactment of this Act: Provided
further, That any unobligated balances remaining from the
amounts made available for payments under the heading
``Maritime Administration--Maritime Security Program'' in any
prior Act may be used for such payments.
Pipeline and Hazardous Materials Safety Administration
operational expenses
For necessary operational expenses of the Pipeline and
Hazardous Materials Safety Administration, $25,715,000, of
which $1,500,000 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, to remain available until
September 30, 2023: Provided, That up to $800,000 in fees
collected under section 5108(g) of title 49, United States
Code, 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.
[[Page H4092]]
pipeline safety
(pipeline safety fund)
(oil spill liability trust fund)
For expenses necessary to carry out a pipeline safety
program, as authorized by section 60107 of title 49, United
States Code, and to discharge the pipeline program
responsibilities of the Oil Pollution Act of 1990 (Public Law
101-380), $173,000,000, to remain available until September
30, 2023, of which $23,000,000 shall be derived from the Oil
Spill Liability Trust Fund; of which $140,000,000 shall be
derived from the Pipeline Safety Fund; and of which
$10,000,000 shall be derived from fees collected under
section 60302 of title 49, United States Code, and deposited
in the Underground Natural Gas Storage Facility Safety
Account for the purpose of carrying out section 60141 of
title 49, United States Code: Provided, That not less than
$1,058,000 of the amounts made available under this heading
shall be for the One-Call State grant program.
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.
Office of Inspector General
salaries and expenses
For necessary expenses of the Office of the 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. 180. (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. 181. 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. 182. (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. 183. 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. 184. 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. 185. (a) 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, cooperative 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, cooperative agreement,
or full funding grant agreement is announced by the
Department or its operating administrations: Provided, 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.
(b) In addition to the notification required in subsection
(a), 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, cooperative agreement, or
discretionary grant unless the Secretary of Transportation
provides the House and Senate Committees on Appropriations a
comprehensive list of all such loans, loan guarantees, lines
of credit, cooperative agreements, or discretionary grants
that will be announced not less the 3 full business days
before such announcement: Provided, That the Department of
Transportation shall provide the list required in this
subsection prior to the notification required in subsection
(a): Provided further, That the requirement to provide a
list in this subsection does not apply to any ``quick
release'' of funds from the emergency relief program:
Provided further, That no list shall involve funds that are
not available for obligation.
Sec. 186. 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. 187. 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. 188. 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. 189. 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. 190. 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.
[[Page H4093]]
Sec. 191. The Department of Transportation may use funds
provided by this Act, or any other Act, to assist a contract
under title 49 or title 23 of the United States Code
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. 192. 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. 193. Notwithstanding the Department of Transportation
Appropriations Act, 2010 (Public Law 111-117), de-obligated
funds associated with Cooperative Agreement No. FR-HSR-0118-
12-01-01 may not be made available for any purpose, including
award, transfer, or obligation to any other program or
recipient, until the final determination of any litigation
concerning such funds.
Sec. 194. None of the funds made available by this Act
shall be available to consolidate governmental affairs
activities across the Department of Transportation in the
Office of Governmental Affairs in the Office of the Secretary
or public affairs activities across the Department of
Transportation in the Office of Public Affairs in the Office
of the Secretary: Provided, That the operating
administrations of the Department of Transportation shall not
transfer personnel to the Office of Governmental Affairs in
the Office of the Secretary or the Office of Public Affairs
in the Office of the Secretary.
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, $15,000,000, to remain
available until September 30, 2022: Provided, That not to
exceed $20,000 of the amount made available under this
heading shall be available to the Secretary for official
reception and representation expenses as the Secretary of
Housing and Urban Development (in this title ``the
Secretary'') may determine: Provided further, That the
Secretary shall issue the report required by House Report
114-129 not later than 30 days after the date of enactment of
this Act: Provided further, that such report shall include
(1) the Department's strategy for continuing to ensure that
lesbian, gay, bisexual, and transgender individuals have
access to Department of Housing and Urban Development (in
this title the ``Department'' or ``HUD'') programs for which
they are eligible, to be provided by the Office of Fair
Housing and Equal Opportunity; and (2) the plan for
disseminating this information to public housing agencies, to
be provided by the Office of Public and Indian Housing:
Provided further, That the amount made available under this
heading for the ``Office of the Secretary'' shall be reduced
by $10,000 for each day after the date that is 30 days after
enactment of this Act that such report has not been submitted
to the Congress.
administrative support offices
For necessary salaries and expenses for Administrative
Support Offices, $600,000,000, to remain available until
September 30, 2022: Provided, That of the amounts made
available under this heading--
(1) not to exceed $71,576,000 shall be available for the
Office of the Chief Financial Officer;
(2) not to exceed $109,044,000 shall be available for the
Office of the General Counsel, of which not less than
$18,700,000 shall be for the Departmental Enforcement Center;
(3) not to exceed $286,258,000 shall be available for the
Office of the Assistant Secretary for Administration, of
which not less than $20,000,000 shall be for modernizing the
Weaver Building and space consolidation, to remain available
until September 30, 2023;
(4) not to exceed $65,200,000 shall be available for the
Office of Field Policy and Management;
(5) not to exceed $4,535,000 shall be available for the
Office of Departmental Equal Employment Opportunity; and
(6) not less than $63,387,000 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 none of the funds made available under
this heading for the Office of the Chief Financial Officer
for the financial transformation initiative shall be
available for obligation until after the Secretary publishes
the necessary administrative requirements for amounts made
available to provide enhanced or improved electrical power
systems under the heading ``Department of Housing and Urban
Development--Community Development Fund'' in Public Law 115-
123: Provided further, That only after the terms and
conditions of the preceding proviso have been met, 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,
$909,595,000, to remain available until September 30, 2022:
Provided, That of the amounts made available under this
heading--
(1) not to exceed $245,000,000 shall be available for the
Office of Public and Indian Housing;
(2) not to exceed $138,290,000 shall be available for the
Office of Community Planning and Development;
(3) not to exceed $400,000,000 shall be available for the
Office of Housing, of which not less than $12,300,000 shall
be for the Office of Recapitalization;
(4) not to exceed $35,443,000 shall be available for the
Office of Policy Development and Research;
(5) not less than $81,000,000 shall be available for the
Office of Fair Housing and Equal Opportunity; and
(6) not less than $9,862,000 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 (``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 to the Fund under this heading, including
reimbursements pursuant to section 7(f), 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 information technology customer devices and support;
talent management; printing; records management; space
renovation; furniture; or supply services the Secretary has
determined shall be provided through the Fund, and for the
operational expenses of the Fund: Provided, That amounts
from 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 under 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: Provided further, That the Secretary may transfer
not to exceed an additional $10,000,000, in aggregate, from
all such appropriations, to be merged with the Fund and to
remain available until expended for any purpose under this
heading.
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,
$21,739,312,000, 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) $22,852,000,000 shall be 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 as authorized under 613(b) of the Cranston-Gonzales
National Affordable Housing Act (12 U.S.C. 4125(b))) and
including renewal of other special purpose incremental
vouchers: Provided, That notwithstanding any other provision
of law, from amounts provided under this
[[Page H4094]]
paragraph and any carryover, the Secretary shall for the
calendar year 2021 funding cycle, 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 that exceeds a public
housing agency's authorized level of units under contract,
except for public housing agencies participating in the
Moving to Work (in this title ``MTW'') demonstration, which
shall instead be governed by the terms and conditions of
their MTW agreements: Provided further, That the Secretary
shall, to the extent necessary not to exceed 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 succeeding
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 budgets 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 under the
preceding proviso 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 pursuant to their MTW
agreements and shall be subject to the same pro rata
adjustments under the preceding 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 preceding 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 $100,000,000 shall be available
only: (A) 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 resulting from unforeseen circumstances or from
portability under section 8(r) of the Act; (B) 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; (C) for adjustments for costs
associated with HUD-Veterans Affairs Supportive Housing (HUD-
VASH) vouchers under section 8(o)(19) of the Act; (D) 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 as a result of insufficient funding; (E) 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 (F) 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 preceding proviso
based on need, as determined by the Secretary;
(2) $125,000,000 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 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 properties financed under section 202 of the Housing Act
of 1959 (12 U.S.C. 1701q) between 1959 and 1974 that are
refinanced pursuant to Public Law 106-569 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 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: Provided further,
That of the amounts provided in 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
preceding 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), (o)(13)): Provided further,
That the Secretary shall issue guidance to implement the
preceding provisos, including 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 provided in 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
terminate: Provided further, That the Secretary may provide
section 8 rental assistance from amounts provided in this
paragraph for units assisted under a project-based subsidy
contract funded under the ``Project-Based Rental Assistance''
heading under this title if 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 preceding proviso;
(3) $2,154,812,000 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 not less than $2,124,812,000 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 provided in this paragraph are insufficient to
pay the amounts determined under the preceding 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
preceding proviso, utilize unobligated balances, including
recaptures and carryovers, 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 pursuant to their MTW agreements, and shall be subject
to the same uniform percentage decrease as under the
preceding proviso: Provided further, That amounts provided
in 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) $310,000,000 shall be 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 under 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
up to $10,000,000 shall be available only (A) for adjustments
in the allocations for public housing agencies, after
applications for such an adjustment by a public housing
agency that experienced a significant increase, as determined
by the Secretary, in Mainstream renewal costs resulting from
unforeseen circumstances, and (B) for public housing agencies
that despite taking reasonable cost saving measures, as
determined by the Secretary, would otherwise be required to
terminate the rental assistance for Mainstream families as a
result of insufficient funding: Provided further, That the
Secretary shall allocate amounts under the preceding proviso
based on need, as determined by the Secretary: Provided
further, That upon turnover, section 811 special purpose
vouchers funded under this heading in
[[Page H4095]]
this or prior Acts, or under any other heading in prior Acts,
shall be available for non-elderly persons with disabilities;
(5) $2,500,000 shall be for rental assistance and
associated administrative fees for the Tribal HUD-VASH
program 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 amounts provided in this
paragraph 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 may 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 (25 U.S.C. 4101 et seq.) and modeled after the
HUD-VASH program: Provided further, That the Secretary may
waive, or specify alternative requirements for, any provision
of any statute or regulation that the Secretary administers
in connection with the use of amounts provided in 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) $20,000,000 shall be 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
shall make such funding available, notwithstanding section
203 of this title (competition provision), 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
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 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 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
provided in 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 turnover;
(7) $25,000,000 shall be for the family unification program
authorized under section 8(x) of the Act: Provided, That the
amounts provided in this paragraph shall be 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 youths 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 youths 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
youths, that request such assistance to timely assist such
eligible youths, 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 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 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 youths, as
applicable; and
(8) $250,000,000 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)), or
fleeing, or attempting to flee, domestic violence, dating
violence, sexual assault, or stalking or for veterans and
families that include a veteran family member: Provided,
That of such amount not less than $40,000,000 shall be
available for individuals and families who are fleeing, or
attempting to flee, domestic violence, dating violence,
sexual assault, or stalking, and not less than $40,000,000
shall be available for veterans and families that include a
veteran family member: 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
give preference to applicants that demonstrate a strategy to
coordinate assistance with services available in the
community: Provided further, That the Secretary may waive,
or specify alternative requirements for, any provision or
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 voucher assistance:
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.
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 capital fund
For the Public Housing Capital Fund Program to carry out
capital and management activities for public housing
agencies, as authorized under section 9 of the Act (42 U.S.C.
1437g) $3,180,000,000, to remain available until September
30, 2024: Provided, That notwithstanding any other provision
of law or regulation, during fiscal year 2021, the Secretary
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) 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: Provided
further, That of the total amount made available under this
heading, up to $23,000,000 shall be to support ongoing public
housing financial and physical assessment activities:
Provided further, That of the total amount made available
under this heading, up to $1,000,000 shall be to support the
costs of administrative and judicial receiverships: Provided
further, That of the total amount provided under this
heading, not to exceed $74,650,000 shall be available for the
Secretary to make grants, notwithstanding section 203 of this
Act, to public housing agencies for emergency capital needs
including safety and security measures necessary to address
crime and drug-related activity and 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 $34,650,000 shall be available for public
housing agencies under administrative and judicial
receiverships or under the control of a Federal monitor:
Provided further, That of the amount made available under the
preceding proviso, not less than $20,000,000 shall be for
safety and security measures: Provided further, That in
addition to the amount in the preceding 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: Provided further, That
with respect to amounts made available under this heading,
the limitation in section 9(g)(1) of the Act shall be applied
by substituting 25 percent for the percentage specified in
such section: Provided further, That the Secretary may waive
the limitation in the preceding 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
[[Page H4096]]
preceding 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 heading, 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: Provided further, That of the
total amount provided under this heading, $125,000,000 shall
be for competitive grants to public housing agencies to
evaluate and reduce lead-based paint hazards and other
housing-related hazards including carbon monoxide (including
for activities supporting the installation and replacement of
carbon monoxide alarms or of combination smoke detector-
carbon monoxide alarm devices) and mold in public housing:
Provided further, That of the amounts available under the
preceding proviso, not less than $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 further, That of the total
amount made available under this heading, up to $30,000,000
shall be available until September 30, 2023 for competitive
grants to public housing agencies (in this title ``PHAs''),
including agencies participating in the MTW demonstration,
for full lead service line replacement, with eligibility
limited to PHAs where the relevant public water system will
undergo or has recently undertaken a comprehensive water main
replacement program: Provided further, That for purposes of
environmental review, a grant under the preceding three
provisos 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: Provided further, That for funds
made available under the preceding four provisos, the
Secretary shall allow a PHA to apply for up to 20 percent of
the funds made available under the first two of such provisos
and prioritize need when awarding grants: Provided further,
That $5,000,000 of the amounts made available under this
heading shall be for a radon testing and mitigation resident
safety demonstration program (the radon demonstration) in
public housing: Provided further, 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 $25,000,000 of the amounts
made available under this heading shall be for competitive
grants to public housing agencies for the installation of
automatic sprinkler systems.
public housing operating fund
For 2021 payments to public housing agencies 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)), $4,649,000,000, to remain available until
September 30, 2022: Provided, That of the total amount made
available under this heading, $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 the Operating Fund formula under part 990
of title 24, Code of Federal Regulations to public housing
agencies that experience financial insolvency, as determined
by the Secretary: Provided further, That after all such
insolvency needs are met, the Secretary may distribute any
remaining funds to all public housing agencies on a pro-rata
basis pursuant to the Operating Fund formula under part 990
of title 24, Code of Federal Regulations.
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, $250,000,000, 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 $125,000,000 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 issue the Notice of Funding Availability for
funds made available under this heading not later than 90
days after enactment of this Act: Provided further, That the
Secretary shall make grant awards not later than one 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, 2024, 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 to enable
eligible families to achieve economic independence and self-
sufficiency: Provided, That the Secretary may, by Federal
Register notice, waive or specify alternative requirements
for, the 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 the Act, as determined by the Secretary:
Provided further, That an owner or sponsor of a multifamily
property receiving project-based rental assistance under
section 8 shall be eligible to receive awards from the
Secretary under this paragraph to support family self-
sufficiency coordinators: Provided further, That owners or
sponsors of a multifamily property receiving project-based
rental assistance under section 8 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 preceding proviso
shall permit participating tenants to accrue escrow funds in
accordance with section 23(d)(2) 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 in this paragraph shall be available for
competitive grants to partnerships between public housing
agencies, 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 shall 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 not later than 10 days
before the effective date of such notice: Provided further,
That amounts made available for the Jobs-Plus initiative in
prior acts under the heading ``Public Housing Capital Fund''
that remain available or are subsequently recaptured shall be
transferred to this account and shall be available for the
purposes of this paragraph.
native american programs
(including transfer of funds)
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 (42
U.S.C. 5301 et seq.) with respect to
[[Page H4097]]
Indian tribes, and related training and technical assistance,
$835,000,000, to remain available until September 30, 2025,
unless otherwise specified: Provided, That the amounts made
available under this heading are provided as follows:
(1) $646,000,000 shall be 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 such Act 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
shall notify grantees of their formula allocation not later
60 days after the date of enactment of this Act;
(2) $2,000,000 shall be 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 (2 U.S.C.
661a): Provided further, That for fiscal year 2021, the
Secretary may subsidize the total principal amount of any
notes and other obligations, any part of which is to be
guaranteed, not to exceed $61,298,904: Provided further, That
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 may be used for costs of such
guaranteed notes and other obligations, subject to the
limitation under the preceding proviso on the total principal
amount of such notes and obligations that may be guaranteed;
(3) $110,000,000 shall be 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: 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 up to 1 percent of the amounts made
available in this paragraph may be transferred, in aggregate,
to ``Program Offices--Public and Indian Housing'' for
necessary costs of administering and overseeing the
obligation and expenditure of this additional amount and of
additional amounts made available in prior fiscal years, to
remain available until September 30, 2026: Provided further,
That any amounts transferred pursuant to the preceding
proviso in prior Acts may also be used for the purposes
described in the preceding proviso;
(4) $70,000,000 shall be 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 amounts made available in this
paragraph shall be expended for planning and management
development and administration: Provided further, That
amounts made available in this paragraph shall remain
available until September 30, 2023; and
(5) $7,000,000 shall be 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, for contract
expertise, and for training and technical assistance related
to amounts made available under this heading and other
headings in this Act for the needs of Native American
families and Indian country: Provided, That of the amounts
made available in this paragraph, not less than $2,000,000
shall be for a national organization as authorized under
section 703 of NAHASDA (25 U.S.C. 4212): Provided further,
That amounts made available in this paragraph may be used,
contracted, or competed as determined by the Secretary:
Provided further, That notwithstanding chapter 63 of title
31, United States Code (commonly known as the Federal Grant
and Cooperative Agreements Act of 1977), the amounts made
available in 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), $1,100,000, 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 (2 U.S.C. 661a):
Provided further, That an additional $500,000, to remain
available until expended, shall be for administrative
contract expenses, including management processes to carry
out the loan guarantee program: Provided further, That for
fiscal year 2021, the Secretary may subsidize total loan
principal, any part of which is to be guaranteed, up to
$1,000,000,000: Provided further, That any unobligated
balances, including recaptures and carryover, remaining from
amounts made available under this heading in prior Acts may
be used for costs of such guaranteed loans, subject to the
total loan principal guarantee limitation under the preceding
proviso.
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.), $4,000,000, 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 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
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''), $3,525,000,000, 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 percentages shown in Table 1 of the
Notice establishing the funding formula published in Volume
84 of the Federal Register, on page 16027 (April 17, 2019):
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: Provided further,
That the Office of the Chief Financial Officer of the
Department of Housing and Urban Development and the Office of
Management and Budget shall submit reports and accompanying
briefings no less frequently than monthly, on the status of
funds appropriated under this heading in Public Law 115-123,
to include the information specified in the report
accompanying this Act: Provided further, That,
notwithstanding any other provision of law, amounts made
available under this heading in Public Law 115-123 shall
hereafter be exempt from apportionment under chapter 15 of
title 31, United States Code: Provided further, That amounts
repurposed pursuant to the preceding proviso 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.
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
[[Page H4098]]
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.),
$1,700,000,000, 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, $45,000,000 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.
homeless assistance grants
For assistance under title IV of the McKinney-Vento
Homeless Assistance Act (42 U.S.C. 11360 et seq.),
$3,415,000,000, 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 $2,586,000,000 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 and
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 $75,000,000 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;
(5) up to $82,000,000 shall be for grants for projects
awarded to communities for the purpose of providing housing
and services to unaccompanied youth who are homeless, as
defined in section 103(a)(6) of the McKinney-Vento Homeless
Assistance Act (42 U.S.C. 11302(a)(6)) or any other Federal
statute, except that the Secretary may make additional grants
for such projects and purposes from amounts made available
for such Continuum of Care program;
(6) up to $70,000,000 shall be for Youth Homelessness
Systems Planning Grants to support Continuum of Care
communities in modernizing youth homelessness responses
through systems change and capacity building:
(7) up to $10,000,000 shall be for providing 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;
(8) $250,000,000 shall be for projects to reduce
unsheltered homelessness: Provided further, That in making
awards with the amounts provided in this paragraph, the
Secretary shall give priority to projects located in areas
with high numbers or rates of unsheltered homeless or high
rates of increase in the number of unsheltered homeless:
Provided further, That the Secretary shall provide incentives
to establish projects that coordinate with housing providers,
healthcare organizations and social service providers to
reduce unsheltered homelessness: 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;
(9) $25,000,000 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 will
use funds to provide services for residents of census tracts
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
grants funds made available under this section is not less
than the overall proportion of eligible tenants who live in
rural areas; and
(10) $20,000,000 shall be for providing technical
assistance as authorized under section 405 of the McKinney-
Vento Homeless Assistance Act (42 U.S.C. 11361b):
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 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 all balances for Shelter Plus Care renewals previously
funded from the Shelter Plus Care Renewal account and
transferred to this account shall be available, if
recaptured, for Continuum of Care renewals in fiscal year
2021: Provided further, That when awarding funds under the
Continuum of Care program, the Secretary shall not deviate
from the Fiscal Year 2018 Notice of Funding Availability with
respect to the tier 2 funding process, the Continuum of Care
application scoring, and, for new projects, the project
quality threshold requirements, except as otherwise provided
under this Act or as necessary to award all available funds
or consider the most recent data from each Continuum of Care:
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.
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.) (in this heading ``the
Act''), not
[[Page H4099]]
otherwise provided for, $13,051,000,000, to remain available
until expended, which 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, which
shall be available on October 1, 2021: Provided, That the
amounts made available under this heading shall be 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 made available under this heading, not
to exceed $350,000,000 shall be for performance-based
contract administrators or contractors for section 8 project-
based assistance, as such term is defined in subsection (f)
of such section: Provided further, That the Secretary may
also use such amounts provided in the preceding proviso for
performance-based contract administrators or contractors for
the administration of: (1) interest reduction payments
pursuant to section 236(a) of the National Housing Act (12
U.S.C. 1715z-1(a)); (2) rent supplement payments pursuant to
section 101 of the Housing and Urban Development Act of 1965
(12 U.S.C. 1701s); (3) rental assistance payments under
section 236(f)(2) of the National Housing Act (12 U.S.C.
1715z-1(f)(2)); (4) project rental assistance contracts for
housing for the elderly under section 202(c)(2) of the
Housing Act of 1959 (12 U.S.C. 1701(c)(2)); (5) 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)); (6) project assistance contracts pursuant to
section 202(h) of the Housing Act of 1959 (12 U.S.C.
1701q(h)); and (7) loans under section 202 of the Housing Act
of 1959 (12 U.S.C. 1701q): 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 assistance contracts or
for performance-based contract administrators or contractors,
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 recaptured for use under this
heading and shall be available until expended.
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 1-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,
$893,000,000 to remain available until September 30, 2024:
Provided, That of the amount made available under this
heading, up to $110,000,000 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 recaptured for use for the purposes
authorized under this heading and shall remain available
until September 30, 2024: Provided further, That unobligated
balances, including recaptures and carryover, remaining from
funds transferred to or made available under this heading
shall be available for the 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
$10,000,000 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 recaptured for use for the purposes
authorized under this heading and shall remain available
until September 30, 2024: Provided further, That unobligated
balances, including recaptures and carryover, remaining from
funds transferred to or appropriated under this heading shall
be used for the 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 (12 U.S.C. 1701x), $75,000,000,
to remain available until September 30, 2022, of which up to
$4,500,000 shall be for administrative contract services:
Provided, That grants using amounts made available under this
heading shall be awarded within 180 days of enactment of this
Act: Provided further, That funds shall be used for
providing counseling and advice to tenants and homeowners,
current and prospective, with respect to property
maintenance, financial management and literacy, foreclosure
and eviction mitigation, 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 amounts made available under this heading may
be used to purchase equipment and technology to deliver
services through use of the Internet or other electronic or
virtual means in response to the public health emergency
related to the Coronavirus Disease 2019 (COVID-19) pandemic:
Provided further, That for purposes of providing such grants
from amounts made available under this heading, the Secretary
may enter into multiyear agreements, as appropriate, subject
to the availability of annual appropriations.
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
the Secretary shall issue a final rule to complete rulemaking
initiated by the proposed rule entitled ``Manufactured
Housing Program: Minimum Payments to the States'' published
in the Federal Register on December 16, 2016 (81 Fed. Reg.
91083): 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 (established under
section 202(a)
[[Page H4100]]
of the National Housing Act (12 U.S.C. 1708(a)) shall not
exceed $400,000,000,000 in aggregate loan principal, 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 (12 U.S.C. 1710(g)) shall not exceed $1,000,000:
Provided further, That the amount in the preceding 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 such Act only to the extent
that the net credit subsidy cost for such insurance does not
exceed zero: Provided further, That for fiscal year 2021,
the Secretary shall not take any action against a lender
solely on the basis of compare ratios that have been
adversely affected by defaults on mortgages secured by
properties in areas where a major disaster was declared in
2017 or 2018 pursuant to the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.).
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
aggregate 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(g) of the National Housing Act, as
amended (12 U.S.C. 1721(g)), shall not exceed
$1,500,000,000,000 in aggregate principal, to remain
available until September 30, 2022: Provided, That
$55,500,000, 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, $118,000,000, 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), $80,300,000, to remain available until September 30,
2022: Provided, That grants from amounts made available
under this heading shall be awarded not later than 180 days
after enactment of this Act: Provided further, 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 (42 U.S.C. 4852), $340,000,000, to
remain available until September 30, 2023, of which
$70,000,000 shall be for the Healthy Homes Initiative,
pursuant to sections 501 and 502 of the Housing and Urban
Development Act of 1970 (42 U.S.C. 1701z-1, 1701z-2), 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 (42 U.S.C. 3547(c)): 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 of the amounts made
available for the Healthy Homes Initiative, $5,000,000 shall
be for the implementation of projects in up to 5 communities
that are served by both the Healthy Homes Initiative and the
Department of Energy Weatherization Assistance Program 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
$30,000,000 of the amounts made available under this heading
shall be for a lead risk assessment demonstration for public
housing agencies to conduct lead hazard screenings or lead
risk assessments during housing quality standards inspections
of units in which a family receiving assistance under section
8(o) of the U.S. Housing Act of 1937 (42 U.S.C. 1437f(o))
resides or expects to reside, and has or expects to have a
child under age 6 residing in the unit, while preserving
rental housing availability and affordability: Provided
further, That each applicant 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 amounts made available under this
heading 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.
Cybersecurity and Information Technology Fund
(including transfer of funds)
For the mitigation against the exploitation of information
technology systems and personal identifiable information and
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, $293,000,000, of which
$269,800,000 shall remain available until September 30, 2022,
$20,000,000 shall remain available until September 30, 2023,
and $3,200,000 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
[[Page H4101]]
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, $145,514,000: Provided, That the
Inspector General shall have independent authority over all
personnel issues within this office.
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 chapter 91 of title 31, United States
Code, commonly known as the Government Corporation Control
Act, 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 Act (12 U.S.C. 1811 et seq.).
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 that are subject to chapter 91
of title 31, United States Code, commonly known as 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 9104 of title 31 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 such
corporations, or to loans or mortgage purchases that 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 under this section, for fiscal
years 2021 and 2022, the Secretary 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.
(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 the 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, 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--
(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-(f)(2));
(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;
[[Page H4102]]
(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 (3) 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 web site
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. (a)(1) Except as provided in paragraph (2), the
Secretary may 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 heading:
Provided, That no appropriation for any such office or
account 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 not less than 3
business days in advance of any such transfers under this
section up to 10 percent or $5,000,000, whichever is less.
(2) The authority under paragraph (1) to transfer funds
shall not apply to the Office of Fair Housing and Equal
Opportunity, the Office of Lead Hazard Control and Healthy
Homes, or the Office of Departmental Equal Employment
Opportunity.
(b) The Secretary is authorized to transfer up to 10
percent of funds appropriated for any office under the
headings ``Administrative Support Offices'' or ``Program
Offices'' to the Office of Fair Housing and Equal
Opportunity, the Office of Lead Hazard Control and Healthy
Homes, or the Office of Departmental Equal Employment
Opportunity: Provided, That no amounts may be transferred
pursuant to this subparagraph unless the Secretary shall
provide notification to such Committees not less 3 business
days in advance of any such transfers under this subsection.
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
[[Page H4103]]
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 by this Act
shall be used by the Federal Housing Administration, the
Government National Mortgage Administration, 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. Funds made available by this title under the
heading ``Homeless Assistance Grants'' may be used by the
Secretary to participate in Performance Partnership Pilots
authorized under section 526 of division H of Public Law 113-
76 (42 U.S.C. 12301 note), 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, section 524
of division B of Public Law 115-245, and such authorities as
are enacted for Performance Partnership Pilots in an
appropriations Act for fiscal year 2021: Provided, That such
participation shall be limited to not more than 10 continuums
of care and housing activities to improve outcomes for
disconnected youth.
Sec. 227. In this fiscal year and in each fiscal year
thereafter, with respect to grant amounts awarded for the
Continuum of Care (CoC) program authorized under subtitle C
of title IV of the McKinney-Vento Homeless Assistance Act (42
U.S.C. 11381 et seq.) with amounts made available under the
heading ``Homeless Assistance Grants'', costs paid by program
income of grant recipients may be counted toward meeting the
recipient's matching requirements, provided the costs are
eligible CoC costs that supplement the recipient's CoC
program.
Sec. 228. (a) In this fiscal year and in each fiscal year
thereafter, from amounts made available by 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) To be eligible to receive a transition grant under
subsection (a), the funding recipient shall have the consent
of the Continuum of Care and meet such standards as the
Secretary may establish.
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. 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. 234. None of the amounts made available by this Act,
by Public Law 116-94, or by Public Law 116-6 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 Capital 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. 235. None of the funds made available to the
Department of Housing and Urban Development by this or any
other Act may be used to implement, administer, enforce, or
in any way make effective the proposed rule entitled ``Making
Admission or Placement Determinations Based on Sex in
Facilities Under Community Planning and Development Housing
Programs'', transmitted to Congress for review by the
Department of Housing and Urban Development
[[Page H4104]]
on June 12, 2020 (Docket No. FR-6152-P-01), or any final rule
based substantially on such proposed rule.
Sec. 236. Notwithstanding any other provision of law, the
notice issued by the Department of Housing and Urban
Development on February 20, 2015, and entitled ``Appropriate
Placement for Transgender Persons in Single-Sex Emergency
Shelters and Other Facilities'' (Notice CPD-15-02) shall have
the force and effect of law.
Sec. 237. None of the funds made available to the
Department of Housing and Urban Development by this or any
other Act may be used to implement, administer, enforce, or
in any way make effective the proposed rule entitled
``Housing and Community Development Act of 1980: Verification
of Eligible Status'', issued by the Department of Housing and
Urban Development on May 10, 2019 (Docket No. FR-6124-P-01),
or any final rule based substantially on such proposed rule.
Sec. 238. There are hereby rescinded, from funds
appropriated under the heading ``Department of Housing and
Urban Development--Housing Programs--Rental Housing
Assistance''--
(a) 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
(b) any funds remaining from amounts appropriated under
such heading in the prior fiscal year.
Sec. 239. (a) Amounts made available under the heading
``Department of Housing and Urban Development--Community
Planning and Development--Community Development Fund'' in
chapter 9 of title X of the Disaster Relief Appropriations
Act, 2013 (Public Law 113-2, division A; 127 Stat. 36) shall
remain available through September 30, 2025 for the
liquidation of valid obligations of such funding.
(b) Notwithstanding any other provision of law, in the case
of any grantee of funds referred to in subsection (a) of this
section that provides assistance that duplicates benefits
available to a person for the same purpose from another
source, the grantee itself shall--
(1) be subject to remedies for noncompliance; or
(2) bear responsibility for absorbing such cost of
duplicative benefits and returning an amount equal to any
duplicative benefits paid to the grantee's funds available
for use under such heading, unless the Secretary, upon the
request of a grantee issues a public determination by
publication in the Federal Register that it is not in the
best interest of the Federal Government to pursue such
remedies.
(c) Notwithstanding any other provision of law, any grantee
of funds referred to in subsection (a) of this section may
request a waiver from the Secretary of Housing and Urban
Development of any recoupment by the Secretary of such funds
for amounts owed by persons who have received such assistance
from such funds and who have been defrauded, or after
receiving assistance, have filed for bankruptcy, gone through
a foreclosure procedure on property that received such
assistance, or are deceased. If the grantee self-certifies to
the Secretary in such request that it has verified that the
individual conditions of each person it is requesting a
waiver for meets one of the conditions specified in the
preceding sentence, the Secretary may grant such waivers on
the basis of grantee self-certification, issue a public
determination by publication in the Federal Register that it
is not in the best interest of the Federal Government to
pursue such recoupment, and may conduct oversight to verify
grantee self-certification and subject the grantee to
remedies for noncompliance for any amounts that have not met
such requirements.
(d) 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.
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, $29,800,000: Provided, That not to
exceed $5,000 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), $26,248,000: 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. 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), $208,500,000, of which $5,000,000
shall be for a multi-family rental housing program: Provided,
That of the total amount made available under this heading,
$25,000,000 shall be for competitive grants to: redevelop
abandoned or distressed properties; provide homeownership and
financing assistance to households with income of not more
than 120 percent of the area median income; purchase
properties that are abandoned or distressed to sell, rent, or
redevelop; establish or operate land banks to acquire,
redevelop, or sell properties that are abandoned or
distressed; demolish abandoned or distressed structures, as
part of a redevelopment effort to increase affordable rental
and owner-occupied housing; or engage in community
development activities in areas with high rates of abandoned
or distressed properties.
Surface Transportation Board
salaries and expenses
For necessary expenses of the Surface Transportation Board,
including services authorized by section 3109 of title 5,
United State 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, and
rental of conference rooms) of the United States Interagency
Council on Homelessness in carrying out the functions
pursuant to title II of the McKinney-Vento Homeless
Assistance Act (42 U.S.C. 11311 et. seq.), as amended,
$3,800,000, to remain available until September 30, 2022:
Provided, That not more than $15,000 may be used for travel
expenses by the Executive Director: Provided further, That
the Executive Director may not engage in any official travel
except for travel paid out of such amounts: Provided
further, That no funds may be used to promote homelessness
interventions unless those interventions include support for
evidence-based interventions including the Housing First
model and Permanent Supportive Housing.
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
[[Page H4105]]
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 report accompanying this 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 report accompanying this 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. None of the funds made available by this Act may
be used by the Department of Transportation, the Department
of Housing and Urban Development, or any other Federal agency
to lease or purchase new light duty vehicles for any
executive fleet, or for an agency's fleet inventory, except
in accordance with Presidential Memorandum--Federal Fleet
Performance, dated May 24, 2011.
Sec. 417. (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. 418. (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.
[[Page H4106]]
Sec. 419. 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. 420. None of the funds made available by this Act may
be used in contravention of section 2635.702 of title 5, Code
of Federal Regulations.
Sec. 421. (a) For the duration of the national emergency
declared by the President under the National Emergencies Act
(50 U.S.C. 1601 et seq.) related to the pandemic of SARS-CoV-
2 or coronavirus disease 2019 (COVID-19), an air carrier
operating under part 121 of title 14, Code of Federal
Regulations, shall--
(1) require each passenger and cabin crewmember to wear a
mask or protective face covering while on board an aircraft
of the air carrier;
(2) require each flight crewmember to wear a mask or
protective face covering while on board an aircraft but
outside the flight deck;
(3) submit to the Administrator of the Federal Aviation
Administration a proposal to permit flight crew members of
the air carrier to wear a mask or protective face covering
while at their stations in the flight deck, including a
safety risk assessment with respect to such proposal;
(4) provide flight and cabin crewmembers, airport customer
service agents, and other employees whose job
responsibilities involve interaction with passengers with
masks or protective face coverings, gloves, and hand
sanitizer and wipes with sufficient alcohol content;
(5) ensure aircraft, including the cockpit and cabin,
operated by such carrier are cleaned, disinfected, and
sanitized after each use in accordance with Centers for
Disease Control and Prevention guidance;
(6) ensure enclosed facilities owned, operated, or used by
such air carrier, including facilities used for flight or
cabin crewmember training or performance of indoor
maintenance, repair, or overhaul work, are cleaned,
disinfected, and sanitized frequently in accordance with
Centers for Disease Control and Prevention guidance;
(7) provide air carrier employees whose job
responsibilities involve cleaning, disinfecting, and
sanitizing aircraft or enclosed facilities described in
paragraphs (5) and (6) with masks or protective face
coverings and gloves, and ensure that each contractor of the
air carrier provides employees of such contractor with such
materials; and
(8) establish guidelines, or adhere to applicable
guidelines, for notifying employees of a confirmed COVID-19
diagnosis of an employee of such air carrier and for
identifying other air carrier employees whom such employee
contacted in the 48-hour period before the employee developed
symptoms.
(b)(1) In General.--For the duration of the national
emergency declared by the President under the National
Emergencies Act (50 U.S.C. 1601 et seq.) related to the
pandemic of SARS-CoV-2 or coronavirus disease (COVID-19),
Amtrak shall--
(A) require each passenger and employee of Amtrak,
including engineers, conductors, and onboard service workers,
to wear a mask or other protective face covering while
onboard an Amtrak train;
(B) take such actions as are reasonable to ensure passenger
compliance with the requirement under subparagraph (A);
(C) provide masks or protective face coverings, gloves, and
hand sanitizer and sanitizing wipes with sufficient alcohol
content to--
(i) conductors, engineers, and onboard service workers;
(ii) ticket agents, station agents, and red cap agents; and
(iii) any other employees whose job responsibilities
include interaction with passengers;
(D) ensure Amtrak trains, including the locomotive cab and
passenger cars, are cleaned, disinfected, and sanitized
frequently in accordance with guidance issued by the Centers
for Disease Control and Prevention and ensure that employees
whose job responsibilities include such cleaning,
disinfecting, or sanitizing are provided masks or protective
face coverings and gloves;
(E) ensure stations and enclosed facilities that Amtrak
owns and operates including facilities used for training or
the performance of indoor maintenance, repair, or overhaul
work, are cleaned, disinfected, and sanitized frequently in
accordance with guidance issued by the Centers for Disease
Control and Prevention and ensure that employees whose job
responsibilities include such cleaning, disinfecting, or
sanitizing are provided masks or protective face coverings
and gloves;
(F) take such actions as are reasonable to ensure that
stations or facilities served or used by Amtrak that Amtrak
does not own are cleaned, disinfected, and sanitized
frequently in accordance with Centers for Disease Control and
Prevention guidance;
(G) ensure that each contractor of Amtrak provides masks or
protective face coverings and gloves to employees of such
contractor whose job responsibilities include those described
in subparagraphs (D) and (E); and
(H) establish guidelines, or adhere to existing applicable
guidelines, for notifying employees of a confirmed diagnosis
of COVID-19 of an employee of Amtrak.
(2) Availability.--If Amtrak is unable to acquire any of
the items necessary to comply with subparagraphs (C), (D),
and (E) of paragraph (1) due to market unavailability, Amtrak
shall--
(A) prepare and make public documentation demonstrating
what actions have been taken to acquire such items; and
(B) continue efforts to acquire such items until such items
become available.
(c)(1) In General.--For the duration of the national
emergency declared by the President under the National
Emergencies Act (50 U.S.C. 1601 et seq.) related to the
pandemic of SARS-CoV-2 or coronavirus disease 2019 (COVID-
19), recipients of funds under section 5307 of title 49,
United States Code, that serve an urbanized area with a
population of at least 500,000 individuals and that provided
a minimum of 20,000,000 unlinked passenger trips in the most
recent year for which data is available shall--
(A) require each passenger to wear a mask or protective
face covering while on board a public transportation vehicle;
(B) provide masks or protective face coverings, gloves, and
hand santizer and wipes with sufficient alcohol content to
operators, station managers, and other employees or
contractors whose job responsibilities include interaction
with passengers;
(C) ensure public transportation vehicles operated by such
public transportation provider are cleaned, disinfected, and
sanitized frequently in accordance with Centers for Disease
Control and Prevention guidance and ensure that employees or
contractors whose job responsibilities involve such cleaning,
disinfecting, or sanitizing are provided masks or protective
face coverings and gloves;
(D) ensure stations and enclosed facilities owned,
operated, or used by such public transportation provider,
including facilities used for training or performance of
indoor maintenance, repair, or overhaul work, are cleaned,
disinfected, and sanitized frequently in accordance with
Centers for Disease Control and Prevention guidance and
ensure that employees or contractors whose job
responsibilities include such cleaning, disinfecting, or
sanitizing are provided masks or other protective face
coverings and gloves; and
(E) establish guidelines, or adhere to applicable
guidelines, for notifying employees of a confirmed COVID-19
diagnosis of an employee of such public transportation
provider.
(2) Implementation.--The implementation of the requirement
under paragraph (1)(A) shall be carried out in a manner
determined by the provider of public transportation.
(3) Availability.--If a provider of public transportation
is unable to acquire a subparagraphs (B), (C), or (D) of
paragraph (1) due to market unavailability, such provider
shall--
(A) prepare and make public documentation demonstrating
what actions have been taken to acquire such items; and
(B) continue efforts to acquire such items until they
become available.
TITLE V
ADDITIONAL INFRASTRUCTURE INVESTMENTS
DEPARTMENT OF TRANSPORTATION
Office of the Secretary
national infrastructure investments
(including transfer of funds)
For an additional amount for ``National Infrastructure
Investments'', $3,000,000,000, to remain available until
September 30, 2022: Provided, That such additional amount
shall be subject to the provisions under this heading in
title I of this Act, except as modified by this heading in
this title: Provided further, That of the amounts made
available under this heading in this title, the Secretary
shall use an amount not less than $60,000,000 for the
planning, preparation, or design of projects eligible for
amounts made available under this heading in this title, with
an emphasis on transit, transit oriented development, and
multimodal projects: Provided further, That grants awarded
under the preceding proviso shall not be subject to a minimum
grant size: Provided further, That of the amounts made
available under this heading in this title, the Secretary
shall use an amount not less than $300,000,000 for eligible
projects located in or to directly benefit areas of
persistent poverty: Provided further, That a grant award
under this heading in this title shall be not less than
$20,000,000 and not greater than $300,000,000: Provided
further, That not more than 20 percent of the amounts made
available under this heading in this title may be awarded to
projects in a single State that are not port infrastructure
investments (including inland port infrastructure and land
ports of entry): Provided further, That an award under this
heading in this title is an urban award if it is to a project
located within or on the boundary of an urbanized area, as
designated by the Bureau of the Census, that had a population
greater than 250,000 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 for
the purpose of determining if an award for eligible projects
located in or to directly benefit areas of persistent poverty
is an urban award, the project location is the location of
the eligible project in or to directly benefit areas of
persistent poverty: Provided further, That each award under
this heading in this title that is not an urban award is a
rural award: Provided further, That of the amounts awarded
under this heading in this title, 60 percent shall be awarded
as urban awards and 40 percent shall be awarded as rural
awards: Provided further, That for rural awards and awards
for eligible projects located in or to directly benefit areas
of persistent poverty, the minimum grant size shall be
$5,000,000 and the Secretary may increase the Federal share
of costs above 80 percent: Provided further, That the
Secretary may retain up to $30,000,000, to remain available
until September 30, 2023, of the amounts made available under
this heading in this title, and may transfer portions of such
[[Page H4107]]
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 the Secretary
shall issue the Notice of Funding Opportunity for amounts
made available under this heading in this title not later
than 180 days after the date of 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 preceding 2 provisos, the
Secretary shall make grants not later than 390 days after the
date of enactment of this Act in such amounts that the
Secretary determines: 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.
cyber security initiatives
For an additional amount for ``Cyber Security
Initiatives'', $10,500,000, to remain available until
September 30, 2022: 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.
Federal Aviation Administration
facilities and equipment
For an additional amount for ``Facilities and Equipment'',
$500,000,000, to remain available until September 30, 2023:
Provided, That amounts made available under this heading in
this title shall be derived from the general fund: Provided
further, That funding provided under this heading shall be
used to make improvements (including activities that improve
water and energy efficiency or reduce the risk of harm to
occupants or property from natural hazards) or to replace air
route traffic control centers, air traffic control towers,
terminal radar approach control facilities, and navigation
and landing equipment: 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.
grants-in-aid for airports
For an additional amount for ``Grants-In-Aid for
Airports'', to enable the Secretary of Transportation 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, $2,500,000,000, to remain available until
September 30, 2023: Provided, That amounts made available
under this heading in this title shall be derived from the
general fund, and such funds shall not be subject to
apportionment formulas, special apportionment categories, or
minimum percentages under such 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 in
this title 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 not less than
$250,000,000 of the grants awarded under this heading in this
title shall be for airport sustainability activities focused
on reducing energy consumption, noise impacts, waste, and
pollution or improving water quality, community relations,
and wildlife compatibility: Provided further, That priority
consideration shall be based on project justification and
completeness of pre-grant actions: 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 title to fund the award and oversight by the
Administrator of grants made under this heading: 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
consolidated rail infrastructure and safety improvements
(including transfer of funds)
For an additional amount for ``Consolidated Rail
Infrastructure and Safety Improvements'', $5,000,000,000, to
remain available until September 30, 2022: Provided, That
such additional amount shall be subject to the provisions
under this heading in title I of this Act, except as modified
by this heading in this title: Provided further, That of the
amounts made available under this heading in this title--
(1) Not less than $1,500,000,000 shall be for projects
eligible under section 22907(c) of title 49, United States
Code; and
(2) Not less than $3,500,000,000 shall be for projects
eligible under sections 22907(c)(2), 22907(c)(3),
22907(c)(4), and 22907(c)(9) of title 49, United States Code,
that contribute to the development, initiation, expansion, or
restoration of intercity passenger rail service including
alignments for existing routes: Provided, That amounts made
available in this paragraph shall be for such eligible
projects with a total project cost greater than $500,000,000:
Provided further, That, notwithstanding section 22907(g)(1)
of title 49, United States Code, not more than 25 percent of
the amounts made available in this paragraph shall be for
such eligible projects in rural areas:
Provided further, That the Secretary shall issue the Notice
of Funding Opportunity for amounts made available under this
heading in this title not later than 150 days after the date
of 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 the Secretary shall announce the selection of
projects to receive awards for amounts made available under
this heading in this title not later than 1 year after 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.
magnetic levitation technology deployment program
For an additional amount for ``Magnetic Levitation
Technology Deployment Program'', $100,000,000, to remain
available until September 30, 2022, 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): Provided, That the Secretary may
withhold up to 2 percent of the amounts made available under
this heading in this title for the costs of award and project
management and oversight, to remain available until September
30, 2023: 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.
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'',
$5,000,000,000, to remain available until September 30, 2022,
to enable the Secretary 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 such additional amount shall be subject to the
provisions under this heading in title I of this Act, except
as modified by this heading in this title: Provided further,
That the Secretary shall make or amend such grants not later
than 90 days after the date of enactment of this Act:
Provided further, That of the amounts made available under
this heading in this title, priority shall be given to
projects for the repair, rehabilitation, or upgrade of
railroad assets or infrastructure, for capital projects that
expand passenger rail capacity, and for the rehabilitation or
acquisition of rolling stock: Provided further, That the
amounts made available under this heading in this title may
be used to subsidize the operating losses of the National
Railroad Passenger Corporation: Provided further, That of the
amounts made available under this heading in this title, not
less than $172,000,000 shall be made available for use of the
National Railroad Passenger Corporation in lieu of fiscal
year 2021 capital payments from 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 in fiscal year 2021 does not
constitute cross-subsidization of commuter rail passenger
transportation: Provided further, That of the amounts made
available under this heading in this title, not less than
$1,000,000,000 shall be made available to advance capital
projects, including rehabilitation and upgrade of railroad
infrastructure, that increase reliability or expand passenger
rail capacity on the Amtrak-owned portion of the Northeast
Corridor (as defined in section 24102(8) of title 49, United
States Code) on which more than 380 trains traveled per day
in fiscal year 2019: Provided further, That of the amounts
made available under this heading in this title and the
``National Network Grants to the National Railroad Passenger
Corporation'' heading in this title, not less than
$200,000,000 shall be made available to bring Amtrak-served
facilities and stations into compliance with the Americans
with Disabilities Act of 1990 (42 U.S.C. 2101 et seq.):
Provided further, That of the amounts made available under
this heading in this title and the ``National Network Grants
to the National Railroad Passenger Corporation'' heading in
this title, $5,000,000, to remain available until September
30, 2025, shall be transferred to ``National Railroad
Passenger Corporation--Office of Inspector General--Salaries
and Expenses'' for conducting audits and investigations of
projects and activities carried out with amounts made
available in this title and in division B of the Coronavirus
Aid, Relief, and Economic Security Act (Public Law 116-136)
under the headings ``Northeast Corridor Grants to the
National Railroad Passenger Corporation'' and ``National
Network Grants to the National Railroad Passenger
Corporation'': 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
For an additional amount for ``National Network Grants to
the National Railroad Passenger Corporation'',
$3,000,000,000, to remain available until September 30, 2022,
to enable the Secretary 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 such
additional amount shall be subject to the provisions under
this heading in title I of this Act, except as modified by
this heading in this title: Provided further, That the
Secretary shall make
[[Page H4108]]
or amend such grants not later than 90 days after the date of
enactment of this Act: Provided further, That of the amounts
made available under this heading in this title, priority
shall be given to projects for the repair, rehabilitation, or
upgrade of railroad assets or infrastructure, for capital
projects that expand passenger rail capacity, and for the
rehabilitation or acquisition of rolling stock: Provided
further, That the amounts made available under this heading
in this title may be used to subsidize the operating losses
of the National Railroad Passenger Corporation: Provided
further, That a State shall not be required to pay the
National Railroad Passenger Corporation more than 80 percent
of the amount paid in fiscal year 2019 under section 209 of
the Passenger Rail Investment and Improvement Act of 2008
(Public Law 110-432) and that not less than $260,000,000 of
the amounts made available under this heading in this title
shall be made available for use in lieu of any increase in a
State's payment: Provided further, That of the amounts made
available under this heading in this title, not less than
$57,000,000 shall be made available for use of the National
Railroad Passenger Corporation in lieu of fiscal year 2021
capital payments from 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 in fiscal year 2021 does not constitute cross-
subsidization of commuter rail passenger transportation:
Provided further, That of the amounts made available under
this heading in this title, not less than $107,000,000 shall
be for capital expenses related to safety improvements,
maintenance, and the non-Federal match for discretionary
Federal grant programs to enable continued passenger rail
operations on long-distance routes (as defined in section
24102 of title 49, United States Code) on which the National
Railroad Passenger Corporation is the sole operator on a host
railroad's line and a positive train control system is not
required by law or regulation: 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
capital investment grants
For an additional amount for ``Capital Investment Grants'',
as authorized under section 5309 of title 49, United States
Code, and section 3005(b) of the Fixing America's Surface
Transportation Act, $5,000,000,000, to remain available until
expended: Provided, That of the amounts made available under
this heading in this title, not less than $3,000,000,000
shall be available for projects authorized under section
5309(d) of title 49, United States Code, not less than
$1,000,000,000 shall be available for projects authorized
under section 5309(e) of such title, and not less than
$500,000,000 shall be available for projects authorized under
section 5309(h) of such title: Provided further, That in
selecting projects to be funded with amounts made available
under sections 5309(d) of title 49, United States Code,
priority shall be given to projects that are currently in
construction or that are able to obligate funds not later
than 270 days after the date of enactment of this Act:
Provided further, That funds made available under this
heading in this or any other Act may be available for
amendments to current full-funding grant agreements that
require additional Federal funding as a result of
coronavirus: 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: 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 title: Provided further, That up to one-half
of 1 percent of the funds provided under this heading in this
title shall be available for administrative expenses and
program management oversight, and shall be in addition to any
other appropriations for such purposes: Provided further,
That none of the funds made available in this title may be
used to implement any policy that requires a Federal Transit
Administration project to receive a medium or higher project
rating before taking actions to finalize an environmental
impact statement: 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.
Maritime Administration
operations and training
For an additional amount for ``Operations and Training'',
$125,000,000, to remain available until September 30, 2022,
of which--
(1) $50,000,000 shall be for facilities maintenance and
repair, equipment, and capital improvements at the United
States Merchant Marine Academy; and
(2) $75,000,000 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, That for
amounts made available in this paragraph, the Secretary shall
make grants not later than 180 days after the date of
enactment of this Act in such amounts as the Secretary
determines:
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.
state maritime academy operations
For an additional amount for ``State Maritime Academy
Operations'', $345,500,000, to remain available until
September 30, 2022, of which--
(1) $315,500,000 shall be for the National Security Multi-
Mission Vessel Program, including funds for construction,
planning, administration, and design of school ships; and
(2) $30,000,000 shall be for direct payments for State
Maritime Academies:
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.
assistance to small shipyards
For an additional amount for ``Assistance to Small
Shipyards'', $100,000,000, to remain available until
September 30, 2022, to make grants to qualified shipyards as
authorized under section 54101 of title 46, United States
Code: Provided, That the Secretary shall announce the
selection of such grants not later than 210 days after the
date of enactment of this Act in such amounts as the
Secretary determines: Provided further, That the Secretary
shall institute measures to ensure amounts made available
under this heading in this title shall be obligated not later
than 180 days after the date on which the Secretary announces
the selection of such grants: Provided further, That the
Secretary may withhold up to 2 percent of the amounts made
available under this heading in this title for the costs of
award and project management and oversight, to remain
available until September 30, 2023: 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.
port infrastructure development program
For an additional amount for ``Port Infrastructure
Development Program'', $1,000,000,000, to remain available
until September 30, 2022, to make grants to improve port
facilities as authorized under section 50302(c) of title 46,
United States Code: Provided, That such additional amount
shall be subject to the provisions under this heading in
title I of this Act, except as modified by this heading in
this title: Provided further, That of the amounts made
available under this heading in this title, not less than
$910,000,000 shall be for coastal seaports or Great Lakes
ports: Provided further, That the Secretary shall issue the
Notice of Funding Opportunity for amounts made available
under this heading in this title not later than 60 days after
the date of 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 the Secretary shall announce the
selection of projects to receive awards for amounts made
available under this heading in this title not later than 270
days after the date of enactment of this Act: Provided
further, That not to exceed 1 percent of the amounts made
available under this heading in this title shall be available
for necessary costs of grant administration, to remain
available until September 30, 2023: 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.
Office of Inspector General
salaries and expenses
For an additional amount for necessary expenses of the
``Office of Inspector General'' to carry out the provisions
of the Inspector General Act of 1978 (5 U.S.C. App. 3)
$7,500,000, to remain available until expended: Provided,
That the funds made available under this heading in this
title shall be used to conduct audits and investigations of
projects and activities carried out with funds made available
to the Department of Transportation: Provided further, That
the Inspector General shall have all necessary authority, in
carrying out the duties specified in the Inspector General
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 Department: 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 HOUSING AND URBAN DEVELOPMENT
Public and Indian Housing
public housing capital fund
(including transfer of funds)
For an additional amount for the ``Public Housing Capital
Fund'' to carry out capital and management activities for
public housing agencies, as authorized under section 9 of the
United States Housing Act of 1937 (42 U.S.C. 1437g),
$24,250,000,000, to remain available until September 30,
2022: Provided, That such additional amount shall be subject
to the provisions under this heading in title II of this Act,
except as modified by this heading in this title: Provided
further, That $19,000,000,000 of the funds provided under
this heading in this title shall be distributed under the
same formula used for amounts made available for the Capital
Fund for fiscal year 2021: Provided further, That
$2,500,000,000 of the funds provided under this heading in
this title shall be awarded by competition for activities
that improve water and energy efficiency, or reduce the risk
of harm to occupants or property from natural hazards:
Provided further, That $2,750,000,000 of the funds provided
under this heading in this title shall be awarded by
competition for activities that mitigate threats to the
health and safety of residents, or reduce lead-based paint
hazards and other housing related hazards, including
[[Page H4109]]
carbon monoxide, radon, or mold: Provided further, That in
administering funds appropriated or otherwise made available
under this heading in this title, the Secretary may waive or
specify alternative requirements for any provision of any
statute or regulation in connection with the obligation by
the Secretary or the use of these funds (except for
requirements related to fair housing, nondiscrimination,
labor standards, and the environment), upon a finding that
such a waiver is necessary to expedite or facilitate the use
of such funds: Provided further, That up to 0.5 percent of
the amounts made available under this heading in this title
may be transferred, in aggregate, to ``Department of Housing
and Urban Development, Program Offices--Public and Indian
Housing'' to supplement existing resources for the necessary
costs of administering and overseeing the obligation and
expenditure of these amounts, to remain available until
September 30, 2024: 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.
choice neighborhoods initiative
(including transfer of funds)
For an additional amount for the ``Choice Neighborhoods
Initiative'', $300,000,000, to remain available until
September 30, 2022: Provided, That such additional amount
shall be subject to the provisions under this heading in
title II of this Act, except as modified by this heading in
this title: Provided further, That not less than 10 percent
of the amounts made available under this heading in this
title shall be used for activities that improve water and
energy efficiency, or reduce the risk of harm to occupants or
property from natural hazards: Provided further, That all
construction, rehabilitation, and related activities funded
under this heading in this title shall comply with the latest
published editions of relevant national consensus-based codes
and specifications and standards referenced therein, except
that nothing in this section shall be construed to prohibit a
grantee from requiring higher standards: Provided further,
That the term ``latest published editions'' means, with
respect to relevant national consensus-based codes, and
specifications and standards referenced therein, the two most
recent published editions, including, if any, amendments made
by State, local, tribal, or territorial governments during
the adoption process, that incorporate the latest natural
hazard-resistant designs and establish criteria for the
design, construction, and maintenance of structures and
facilities that may be eligible for assistance under this
section for the purposes of protecting the health, safety,
and general welfare of a buildings' users against disasters:
Provided further, That up to 0.5 percent of the amounts made
available under this heading in this title may be
transferred, in aggregate, to ``Department of Housing and
Urban Development, Program Offices--Public and Indian
Housing'' to supplement existing resources for the necessary
costs of administering and overseeing the obligation and
expenditure of amounts under this heading in this title, to
remain available until September 30, 2024: 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.
native american programs
(including transfer of funds)
For an additional amount for ``Native American Programs'',
$1,000,000,000, to remain available until September 30, 2022,
unless otherwise specified, 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.) and title I of the Housing and
Community Development Act of 1974 (42 U.S.C. 5301 et seq.)
with respect to Indian tribes: Provided, That the amounts
made available under this heading in this title are provided
as follows:
(1) $400,000,000 shall be for the Native American Housing
Block Grants program, as authorized under title I of NAHASDA:
Provided, That amounts made available in this paragraph shall
be distributed according to the same funding formula used in
fiscal year 2021: Provided further, That the amounts
distributed through such formula shall be used for new
construction, acquisition, rehabilitation, and infrastructure
development: Provided further, That in selecting projects to
be funded, grantees shall give priority to projects for which
contracts can be awarded within 180 days from the date that
amounts are made available to the grantees: Provided further,
That the Secretary shall notify grantees of their formula
allocation not later than 60 days after the date of enactment
of this Act: Provided further, That the Secretary shall
obligate amounts allocated by formula not later than 120 days
after the date of enactment of this Act;
(2) $350,000,000 shall be 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: Provided further, That a
grant funded pursuant to this paragraph shall be in an amount
not less than $500,000 and not greater than $20,000,000:
Provided further, That recipients of amounts made available
in this paragraph shall obligate 100 percent of such amounts
within 1 year of the date amounts are made available to a
recipient, expend at least 50 percent of such amounts within
2 years of the date on which amounts become available to such
recipients for obligation, and expend 100 percent of such
amounts within 3 years of such date: Provided further, That
the Secretary shall issue a Notice of Funding Availability
for amounts made available in this paragraph not later than
60 days after the date of enactment of this Act: Provided
further, That such Notice of Funding Availability shall
require application submissions 90 days after the publishing
of such Notice: Provided further, That of the applications
submitted under the preceding 2 provisos, the Secretary shall
make grants not later than 270 days after the date of
enactment of this Act; and
(3) $250,000,000 shall be 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: Provided, That not to exceed 20 percent of any
grant made with amounts made available in this paragraph
shall be expended for planning and management development and
administration: Provided further, That the Secretary shall
issue a Notice of Funding Availability for amounts made
available in this paragraph not later than 180 days after the
date of enactment of this Act: Provided further, That such
Notice of Funding Availability shall require application
submissions 90 days after the publishing of such Notice:
Provided further, That of the applications submitted under
the preceding 2 provisos, the Secretary shall make grants not
later than 390 days after the date of enactment of this Act:
Provided further, That the Secretary may waive, or specify
alternative requirements for, any provision of any statute or
regulation that the Secretary administers in connection with
the use of amounts made available under this heading in this
title (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 to expedite or
facilitate the use of such amounts: Provided further, That
not less than 10 percent of the amounts made available under
this heading in this title shall be used for activities that
improve water and energy efficiency, or reduce the risk of
harm to occupants or property from natural hazards: Provided
further, That up to 1 percent of the amounts made available
in paragraphs (2) and (3) under this heading in this title
may be transferred, in aggregate, to ``Department of Housing
and Urban Development, Program Offices--Public and Indian
Housing'' for necessary costs of administering and overseeing
the obligation and expenditure of such amounts, to remain
available until September 30, 2023: 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.
native hawaiian housing block grant
(including transfer of funds)
For an additional amount for the ``Native Hawaiian Housing
Block Grant'' program, $20,000,000, to remain available until
September 30, 2022: Provided, That such additional amount
shall be subject to the provisions under this heading in
title II of this Act, except as modified by this heading in
this title: Provided further, That not less than 10 percent
of the amounts made available under this heading in this
title shall be used for activities that improve water and
energy efficiency, or reduce the risk of harm to occupants or
property from natural hazards: Provided further, That up to 1
percent of the amounts made available under this heading in
this title may be transferred, in aggregate, to ``Department
of Housing and Urban Development, Program Offices--Public and
Indian Housing'' for necessary costs of administering and
overseeing the obligation and expenditure of amounts under
this heading in this title, to remain available until
September 30, 2023: 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.
Community Planning and Development
community development fund
(including transfer of funds)
For an additional amount for ``Community Development
Fund'', $4,000,000,000, to remain available until September
30, 2022: Provided, That such additional amount shall be
subject to the provisions under this heading in title II of
this Act, except as modified by this heading in this title:
Provided further, That such amount made available under this
heading in this title shall be distributed pursuant to
section 106 of the Housing and Community Development Act of
1974 (42 U.S.C. 5306) to grantees that received allocations
pursuant to that same formula in fiscal year 2020, and that
such allocations shall be made within 30 days of enactment of
this Act: Provided further, That not less than 10 percent of
the amounts made available under this heading in this title
shall be used for activities that improve water and energy
efficiency, or reduce the risk of harm to occupants or
property from natural hazards (including activities that
facilitate the adoption of the most recent published editions
of relevant national consensus-based codes): Provided
further, That of the amounts made available under this
heading in this title, up to 0.5 percent may be transferred
to ``Department of Housing and Urban Development, Program
Offices--Community Planning and Development'' for necessary
costs of administering and overseeing the obligation and
expenditure of amounts under this heading in this title, to
remain available until September 30, 2028: Provided further,
That such amount is designated
[[Page H4110]]
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.
home investment partnerships program
(including transfer of funds)
For an additional amount for the ``HOME Investment
Partnerships Program'', as authorized under title II of the
Cranston-Gonzalez National Affordable Housing Act, as
amended, $17,500,000,000, to remain available until September
30, 2024: Provided, That such additional amount shall be
subject to the provisions under this heading in title II of
this Act, except as modified by this heading in this title:
Provided further, That of the amounts made available under
this heading in this title, the Secretary shall use not less
than $1,750,000,000 for projects eligible for amounts made
available under this heading in this title located in or
directly benefitting areas of persistent poverty: Provided
further, That for purposes of the preceding proviso, the term
``areas of persistent poverty'' means (1) any county that has
consistently had 20 percent or more 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, (2) 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 Census
Bureau, or (3) any territory or possession of the United
States: Provided further, That grants awarded under the
preceding 2 provisos shall not be subject to a minimum grant
size: Provided further, That not less than 10 percent of the
amounts made available under this heading in this title shall
be used for activities that improve water and energy
efficiency, or reduce the risk of harm to occupants or
property from natural hazards: Provided further, That of the
amounts made available under this heading in this title, up
to 0.5 percent may be transferred to ``Department of Housing
and Urban Development, Program Offices--Community Planning
and Development'' for necessary costs of administering and
overseeing the obligation and expenditure of amounts under
this heading in this title, to remain available until
September 30, 2028: 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.
self-help and assisted homeownership opportunity program
For an additional amount for the ``Self-Help and Assisted
Homeownership Opportunity Program'', as authorized under
section 11 of the Housing Opportunity Program Extension Act
of 1996, as amended, $55,000,000, to remain available until
September 30, 2023: Provided, That such additional amount
shall be subject to the provisions under this heading in
title II of this Act, except as modified by this heading in
this title: Provided further, That of the amount provided
under this heading in this title, $10,000,000 shall be made
available to the Self-Help Homeownership Opportunity Program:
Provided further, That of the amount provided under this
heading in this title, $40,000,000 shall be made available
for the second, third, and fourth capacity building
activities authorized under 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 made available for rural
capacity building activities: Provided further, That of the
amount provided under this heading in this title, $5,000,000
shall be made available for capacity building by national
rural housing 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.
Housing Programs
assisted housing investments
(including transfer of funds)
For assistance to owners of properties receiving project-
based subsidy contracts under the United States Housing Act
of 1937 (42 U.S.C. 1437 et seq.), $750,000,000, to remain
available until September 30, 2024: Provided, That funds
provided under this heading in this title shall be for
competitive grants for capital improvements to such
properties: Provided further, That not less than $250,000,000
of the grants made available under this heading in this title
shall be for grants for activities that mitigate threats to
the health and safety of residents; reduce lead-based paint
hazards, and other housing related hazards including carbon
monoxide, radon, or mold; improve water and energy
efficiency; or reduce the risk of harm to occupants or
property from natural hazards: Provided further, That
projects funded with grants provided under this heading in
this title must comply with the requirements of subchapter IV
of chapter 31 of title 40, United States Code: Provided
further, That such grants shall be provided through the
policies, procedures, contracts, and transactional
infrastructure of the authorized programs administered by the
Department of Housing and Urban Development, on such terms
and conditions as the Secretary of Housing and Urban
Development deems appropriate to ensure the maintenance and
preservation of the property, the continued operation and
maintenance of energy efficiency technologies, and the timely
expenditure of funds: Provided further, That the grants shall
include a financial assessment and physical inspection of
such property: Provided further, That eligible owners must
have at least a satisfactory management review rating, be in
substantial compliance with applicable performance standards
and legal requirements, and commit to an additional period of
affordability determined by the Secretary, but of not fewer
than 15 years: Provided further, That in administering funds
appropriated or otherwise made available under this heading
in this title, the Secretary may waive or specify alternative
requirements for any provision of any statute or regulation
in connection with the obligation by the Secretary or the use
of these funds (except for requirements related to fair
housing, nondiscrimination, labor standards, and the
environment), upon a finding that such a waiver is necessary
to expedite or facilitate the use of such funds: Provided
further, That of the amounts made available under this
heading in this title, up to 0.5 percent may be transferred
to ``Department of Housing and Urban Development, Program
Offices--Office of Housing'' for necessary costs of
administering and overseeing the obligation and expenditure
of amounts under this heading in this title, to remain
available until September 30, 2028: 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.
housing for the elderly
(including transfer of funds)
For an additional amount for assistance for ``Housing for
the Elderly'' as authorized by section 202 of the Housing Act
of 1959, as amended, $750,000,000, to remain available until
September 30, 2024, for use for capital advances under
section 202(c)(1) of such Act and for project rental
assistance under section 202(c)(2) of such Act in connection
with such advances, including amendments to contracts for
such assistance, but not including renewal of expiring
contracts for such assistance: Provided, That such additional
amount shall be subject to the provisions under this heading
in title II of this Act, except as modified by this heading
in this title: Provided further, That not less than 10
percent of the amounts made available under this heading in
this title shall be used for activities that improve water
and energy efficiency, or reduce the risk of harm to
occupants or property from natural hazards: Provided further,
That of the amounts made available under this heading in this
title, up to 0.5 percent may be transferred to ``Department
of Housing and Urban Development, Program Offices--Office of
Housing'' for necessary costs of administering and overseeing
the obligation and expenditure of amounts under this heading
in this title, to remain available until September 30, 2028:
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.
housing for persons with disabilities
(including transfer of funds)
For an additional amount for ``Housing for Persons with
Disabilities'', for assistance 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), $179,000,000, to remain available until
September 30, 2024, to provide for additional capital
advances and project rental assistance for supportive housing
for persons with disabilities under section 811(b)(2) of such
Act: Provided, That such additional amount shall be subject
to the provisions under this heading in title II of this Act,
except as modified by this heading in this title: Provided
further, That not less than 10 percent of the amounts made
available under this heading in this title shall be used for
activities that improve water and energy efficiency, or
reduce the risk of harm to occupants or property from natural
hazards: Provided further, That of the amounts made available
under this heading in this title, up to 0.5 percent may be
transferred to ``Department of Housing and Urban Development,
Program Offices--Office of Housing'' for necessary costs of
administering and overseeing the obligation and expenditure
of amounts under this heading in this title, to remain
available until September 30, 2028: 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.
Office of Lead Hazard Control and Healthy Homes
lead hazard reduction
For an additional amount for the ``Lead Hazard Reduction
Program'', as authorized by section 1011 of the Residential
Lead-Based Paint Hazard Reduction Act of 1992, $100,000,000,
to remain available until September 30, 2023, of which
$25,000,000 shall be for the Healthy Homes Initiative,
pursuant to sections 501 and 502 of the Housing and Urban
Development Act of 1970: Provided, That such additional
amount shall be subject to the provisions under this heading
in title II of this Act, except as modified by this heading
in this title: Provided further, That not less than
$40,000,000 of the amounts made available under this heading
in this title 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 not less
than $10,000,000 of the amounts made available under this
heading in this title for the Healthy Homes Initiative, the
Secretary shall give priority to applicants who have
partnerships with grantees of the Department of Energy's
Weatherization Assistance 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.
Cybersecurity and Information Technology Fund
For an additional amount for ``Cybersecurity and
Information Technology Fund'',
[[Page H4111]]
$100,000,000, to remain available until September 30, 2023:
Provided, That the amount made available under this heading
in this title shall be for the development, modernization,
and enhancement of, modifications to, and infrastructure for
cybersecurity support, operations, controls, and
documentation; multifamily housing IT modernization; and
resolving open Office of Inspector General and Government
Accountability Office recommendations: 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.
Office of Inspector General
For an additional amount for the necessary salaries and
expenses of the ``Office of Inspector General'' in carrying
out the Inspector General Act of 1978, as amended,
$7,500,000, to remain available until expended: Provided,
That the Inspector General shall have independent authority
over all personnel issues within this office: 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.
RELATED AGENCY
Neighborhood Reinvestment Corporation
payment to the neighborhood reinvestment corporation
For an additional 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),
$300,000,000 to remain available until expended, for grants
to its charter member organization and affiliated capital
corporations for neighborhood reinvestment activities
intended to spur economic stabilization and recovery,
including: construction of affordable single-family and
multifamily housing, rehabilitation of existing single-family
and multifamily housing, activities that improve water and
energy efficiency, or reduce the risk of harm to occupants or
property from natural hazards, rental assistance, housing
counseling, and support to ongoing economic development
efforts: Provided, That such additional amount shall be
subject to the provisions under this heading in title III of
this Act, except as modified by this heading in this title:
Provided further, That of the total amount made available
under this heading in this title, up to $1,500,000 may be
used for associated administrative expenses for the
Neighborhood Reinvestment Corporation to carry out activities
provided under this heading in this title: Provided further,
That not less than 10 percent of the amounts made available
under this heading in this title shall be used for activities
that improve water and energy efficiency, or reduce the risk
of harm to occupants or property from natural hazards:
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--additional infrastructure investments
Sec. 501. (a) Notwithstanding any other provision of law
and in a manner consistent with other provisions in this
title, all laborers and mechanics employed by contractors and
subcontractors on projects funded directly by or assisted in
whole or in part by and through the Federal Government
pursuant to this title shall be paid wages at rates not less
than those prevailing on projects of a character similar in
the locality as determined by the Secretary of Labor in
accordance with subchapter IV of chapter 31 of title 40,
United States Code. With respect to the labor standards
specified in this section, the Secretary of Labor shall have
the authority and functions set forth in Reorganization Plan
Numbered 14 of 1950 (64 Stat. 1267; 5 U.S.C. App.) and
section 63145 of title 40, United States Code.
(b) Subsection (a) shall not apply to tribal contracts
entered into by the Department of Housing and Urban
Development with amounts made available under the headings
``Native American Programs'' and ``Native Hawaiian Housing
Block Grant'' in this title.
(c) The amounts provided by this section 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. 502. For amounts made available in this title under
the headings ``Northeast Corridor Grants to the National
Railroad Passenger Corporation'' and ``National Network
Grants to the National Railroad Passenger Corporation'', the
Secretary of Transportation may not waive the requirements
under section 24312 of title 49, United States Code, and
section 24305(f) of title 49, United States Code: Provided,
That for amounts made available in this title under such
headings the Secretary shall require the National Railroad
Passenger Corporation to comply with the Railroad Retirement
Act of 1974 (45 U.S.C. 231 et seq.), the Railway Labor Act
(45 U.S.C. 151 et seq.), and the Railroad Unemployment
Insurance Act (45 U.S.C. 351 et seq.): Provided further, That
the amounts made available in this title under such headings
shall be used by the National Railroad Passenger Corporation
to prevent employee furloughs: Provided further, That none of
the funds made available in this title under such headings
may be used by the National Railroad Passenger Corporation to
reduce the frequency of rail service on any long-distance
route or State-supported route (as such terms are defined in
section 24102 of title 49, United States Code) below
frequencies for such routes in fiscal year 2019, except in an
emergency, during maintenance or construction outages
impacting such routes, or at the request of the State or
States supporting such State-supported routes.
This Act may be cited as the ``Transportation, Housing and
Urban Development, and Related Agencies Appropriations Act,
2021''.
DIVISION G--REMOVAL OF OFFENSIVE STATUARY FROM UNITED STATES CAPITOL
removal and storage of confederate statues and busts
Sec. 1. (a) Removal and Storage.--Not later than 45 days
after the date of the enactment of this Act, the Architect of
the Capitol--
(1) shall remove all Confederate statues and Confederate
busts from any area of the United States Capitol which is
accessible to the public; and
(2) shall remove the bust of Roger Brooke Taney, the statue
of Charles Aycock, the statute of John Caldwell Calhoun, and
the statue of James Paul Clarke from any area of the United
States Capitol which is accessible to the public.
(b) Replacement of the Bust of Roger Brooke Taney With a
Bust of Thurgood Marshall.--
(1) Obtaining bust.--Not later than 2 years after the date
of the enactment of this Act, the Joint Committee on the
Library shall enter into an agreement to obtain a bust of
Thurgood Marshall, under such terms and conditions as the
Joint Committee considers appropriate consistent with
applicable law.
(2) Placement.--The Joint Committee on the Library shall
place the bust obtained under paragraph (1) in the location
in the Old Supreme Court Chamber of the United States Capitol
where the bust of Roger Brooke Taney was located prior to
removal by the Architect of the Capitol under subsection (a).
(c) Storage of Statues.--In the case of any statue removed
under subsection (a), the Architect of the Capitol shall keep
such statue in storage until the Architect and the State
which provided the statue arrange for the return of the
statue to the State.
(d) Definitions.--
(1) Confederate statue.--In this section, the term
``Confederate statue'' means a statue which was provided by a
State for display in the United States Capitol under section
1814 of the Revised Statutes (2 U.S.C. 2131), including a
replacement statue provided by a State under section 311 of
the Legislative Branch Appropriations Act, 2001 (2 U.S.C.
2132), which depicts--
(A) any individual who served voluntarily at any time as a
member of the armed forces of the Confederate States of
America or of the military forces of a State while the State
was in rebellion against the United States; or
(B) any individual who served as an official in the
government of the Confederate States of America or of a State
while the State was in rebellion against the United States.
(2) Confederate bust.--In this section, the term
``Confederate bust'' means a bust which depicts an individual
described in subparagraph (A) or (B) of paragraph (1).
The SPEAKER pro tempore. The bill, as amended, is debatable for 90
minutes equally divided and controlled by the chair and ranking
minority member of the Committee on Appropriations.
The gentlewoman from New York (Mrs. Lowey) and the gentleman from
Oklahoma (Mr. Cole) each will control 45 minutes.
The Chair recognizes the gentlewoman from New York.
{time} 1030
General Leave
Mrs. LOWEY. Mr. Speaker, I ask unanimous consent that all Members
have 5 legislative days to revise and extend their remarks and include
extraneous material on the measure under consideration
The SPEAKER pro tempore. Is there objection to the request of the
gentlewoman from New York?
There was no objection.
Mrs. LOWEY. Mr. Speaker, I yield myself such time as I may consume.
Today, we continue investing for the people with H.R. 7617.
This minibus combines six appropriations bills: Defense, Commerce-
Justice-Science, Energy and Water Development, Financial Services and
General Government, Labor-HHS-Education, and Transportation-Housing and
Urban Development.
The bill promotes economic recovery from the devastating COVID-19
pandemic. It provides more than $200 billion in emergency funding to
rebuild our Nation's transportation, housing, and energy
infrastructure; to expand broadband to unserved and underserved areas;
and to rebuild the Nation's aged public health capacity and support
State and local health agencies and global health activities.
The bill prioritizes public health and safety with $47 billion for
lifesaving medical research at the National Institutes of Health and
$50 million, an increase of $25 million above fiscal year 2020, for
firearm injury and mortality prevention research at the NIH and CDC. It
includes strong funding for numerous public health efforts, including
initiatives to reduce HIV infections, address tobacco and e-cigarette
use, and ensure food safety.
As we confront the twin crises of COVID-19 and systemic racism, the
bill
[[Page H4112]]
takes bold steps to build safer and stronger communities for all
people. It provides strong funding to support law enforcement reform at
the State and local level while catalyzing economic development in
disadvantaged communities that is fundamental to a more just and
equitable society.
Among other priorities, the bill invests in education and job
training; expands access to safe, affordable, and fair housing;
supports servicemembers and military families; and combats climate
change and embraces a clean energy future.
This package prioritizes the lives and livelihoods of the American
people and makes the strong investments needed to build a stronger
future for every person.
It is the product of months of thoughtful deliberation and input from
Members on both sides of the aisle. I am proud of the work we have
completed under the incredibly difficult circumstances of the COVID-19
pandemic. Our incredibly talented appropriations subcommittee chairs
will discuss more about what this package does for the people.
Mr. Speaker, I urge support for the bill, and I reserve the balance
of my time.
Mr. COLE. Mr. Speaker, I yield myself such time as I may consume.
As the vice ranking member of the House Appropriations Committee, Mr.
Speaker, I stand today in opposition to H.R. 7617, the second set of
fiscal year 2021 appropriations bills to be considered by the House.
This minibus of six bills includes the two largest, Defense and
Labor, Health and Human Services, and Education, as well as the titles
covering Commerce-Justice-Science, Energy and Water Development,
Financial Services and General Government, and, finally,
Transportation-Housing and Urban Development.
While I am always encouraged to see the process of funding government
underway in Congress, Democrats, unfortunately, chose a deeply flawed
approach in exercising this function for fiscal year 2021.
Remember, nearly a year ago, Mr. Speaker, Congress passed and
President Trump signed into law the Bipartisan Budget Act of 2019,
which set budgetary levels for fiscal years 2020 and 2021. This
bipartisan and bicameral compromise was the result of a good faith
negotiation between the President and congressional leadership. Last
year, my friends on their side of the aisle actually kept that
agreement, and we had an orderly appropriations process, a successful
outcome, and we have had no government shutdowns, no long-term
continuing resolutions.
This year, however, despite this existing agreement, Democrats on the
House Appropriations Committee chose to write bills that greatly exceed
the spending limits allowed for fiscal year 2021. In fact, they did so
through extensive use of a budget gimmick that designates certain funds
as emergency.
Without question, there are many worthwhile items and priorities in
these six bills before us, Mr. Speaker, but I remain concerned about
the use of emergency designated funds as a workaround and scheme to
break the budget agreement between the two parties and the President.
In fact, in this bill alone, there is well over $200 billion of this
so-called emergency spending, clearly in violation of the budget
agreement. $186 billion is included in the infrastructure title without
any bipartisan discussion or agreement. Another $24 billion is included
to address the coronavirus, even though discussions and negotiations
are underway on another supplemental specifically for that purpose.
These funds were added without any consultation with House
Republicans, with the Senate, or with the President, and without that
consultation, they have no chance of becoming law.
Now, let's remember, Mr. Speaker, some of the critical things these
six appropriations titles are supposed to support each year: our
dedicated servicemembers who put their lives on the line every day to
defend and preserve our precious freedom; our courageous law
enforcement officers who keep our communities safe; our hardworking
small business owners and their workers who are seeking to achieve the
American Dream; our vital researchers who are looking for lifesaving
treatments and cures; our ports and waterways that are so critical to
commerce; and, finally, they support our transit system upon which many
Americans depend daily.
All these things are put at risk, Mr. Speaker, unless Democrats and
Republicans work together.
Unfortunately, along with the unworkable approach taken in writing
this package of bills, there are many partisan policy positions that
must come out before it can become law. Many of these partisan
provisions are similar to policies pushed through the House in recent
months.
Considering that the committee has had more than 100 hearings and
briefings to make important funding decisions, it is disappointing that
many of these provisions seem to have been dictated from the top.
A few examples:
The bill jeopardizes our safety and security by allowing terrorists
detained at Guantanamo Bay to be brought to U.S. soil.
It also includes language that would prevent the United States from
exercising the right to defend ourselves and our allies, such as
Israel.
In a time when China is seeking to dominate the world order, this
bill would undermine America's preeminence in space exploration and
cede the opportunity to China to dominate the next frontier.
Also concerning, this minibus plays into the dangerous narrative of
defunding the police through its failure to provide adequate funding
for our Federal law enforcement agencies.
Moreover, State and local law enforcement agencies are barred from
receiving excess equipment from the Department of Defense.
As the ranking member of the Labor-HHS-Education Subcommittee, I am,
of course, most familiar with the partisan provisions contained there.
Indeed, the text of that bill includes a wide variety of harmful
riders.
First, it includes a partisan policy prescription that will tie the
hands of the administration with respect to the Title X family planning
program. Most notably, the riders would force the administration to
resume grants awarded to controversial groups that provide abortions,
such as Planned Parenthood, and it would prevent the administration
from granting waivers that protect deeply held religious beliefs of
institutions, organizations, and individuals that provide vital
services funded in the bill.
The Labor-HHS title also includes riders that would undo the
Department of Labor's rule clarifying the joint employer standard. If
this policy rider were enacted, it would cause chaos for thousands of
businesses and millions of employees, leaving them uncertain about the
nature of the employment relationship.
Not to be outdone, this bill also includes riders micromanaging and
second-guessing how HHS administers the Unaccompanied Alien Children
Program, which will ensure that the individuals devoting their energies
to assisting such unaccompanied minors will find themselves devoting
their energy to becoming wrapped up evermore deeply in congressionally
mandated red tape.
Again, the same can be said for the other five divisions of this
package. Throughout this minibus, the Democratic majority has inserted
policy riders that tie the hands of the administration. They have
limited the ability of the administration to reprogram funds, even when
necessary. They have inserted rider after rider aimed at preventing the
President from spending money on barriers and security measures at the
southern border. And they have removed countless bipartisan policy
provisions that have been carried in previous year's bills.
When it comes to Congress' fundamental function of keeping the
government open and operating, good faith negotiation must be present
at every stage. In this era of divided government, that might be
challenging, but we have proven time and time again that it is
certainly not impossible.
We did it when we negotiated the 2019 budget agreement. We did it
again when we moved through an orderly process for the 2020 fiscal year
appropriations bills. And, finally, we did it most recently on four
separate occasions in dealing with the coronavirus.
All of these successes were the product of bipartisan negotiation in
divided government. In those negotiations, neither side can dictate to
the other or jam the other, or failure will result.
[[Page H4113]]
In the days ahead, Mr. Speaker, we must work together on
appropriations bills that reflect the bipartisan budget agreement and
leave out controversial policy language. Until we do that, no
appropriations bill will make it to the President's desk, and we will
run the risk later this year of either a long-term continuing
resolution or even a government shutdown.
For those reasons, Mr. Speaker, I stand in opposition to the second
minibus package, and I reserve the balance of my time.
Mrs. LOWEY. Mr. Speaker, I yield 5 minutes to the gentlewoman from
Ohio (Ms. Kaptur), the chairwoman of the Subcommittee on Energy and
Water Development, and Related Agencies.
Ms. KAPTUR. Mr. Speaker, I thank Chairwoman Lowey, Ranking Member
Granger, and Vice Ranking Member Cole.
Please let me add my thanks to Chair Lowey for her years of
honorable, dedicated, and affable service to this committee and to our
Nation and for her recognition of the full potential of the Energy and
Water division.
Truly, she will be missed. Without question, she has made her mark
across our Nation and the world. She can draw great satisfaction from
that.
Mr. Speaker, I also want to thank my brother, Stephen, who is
watching from a distance. Without his strength and courage, I would not
be here today.
This bill represents an overwhelming majority of our total
discretionary appropriations, and with its passage, the House's
completion of 10 appropriation bills.
Mr. Speaker, I extend congratulations to Chairwoman Lowey and, of
course, Ranking Member Kay Granger for this feat in the middle of a
global pandemic.
Mr. Speaker, I also have to thank the marvelous committee staff who
have made this possible. I wish to say that the Energy and Water
division captures the American spirit of ingenuity and independence in
our enterprising Nation.
Our bill lays the foundation for critical investments to combat
climate change. It is poised to pass today as the most important funded
climate change bill the 116th Congress will pass.
{time} 1045
Truly, this bill will sustain life in America and address global
imperatives.
Our bill upgrades and strengthens our Nation's energy and water
infrastructure.
It responsibly funds our Nation's nuclear deterrent. It rejects the
administration's dangerous plan to start nuclear explosive testing.
The bill rejects the President's drastic and shortsighted proposed
cuts that would harm America's leadership at home and abroad. Instead,
it invests in important programs that keep our Nation at the forefront
of global energy innovation.
It enables the efficient shipment of goods. It provides water,
irrigation, and electricity to millions upon millions of Americans, and
these programs propel real economic growth and the jobs that go with
it.
Let me briefly walk through the bill.
The Army Corps of Engineers receives $7.6 billion, the second year of
record funding and an increase of $1.7 billion above the budget
request.
The Bureau of Reclamation receives $1.64 billion, an increase of $508
million above the request.
The Department of Energy receives $41 billion, an increase of $5.1
billion above the request. Within the Department of Energy, the bill
contains historic funding levels for key programs critical to our
future.
First, energy efficiency and renewable energy receive $2.85 billion,
$2.1 billion above the request. ARPA-E, our advanced energy portfolio,
receives $435 million, a record amount for a program the President
proposed to eliminate, blunting America's future.
The Office of Science receives $7.05 billion, $1.2 billion above the
request.
This bill also provides an increase for the home Weatherization
Assistance Program. It helps ensure that additional low-income
households have energy-efficient and more livable and affordable
futures in communities across our Nation.
The National Nuclear Security Administration receives $18 billion,
$1.3 billion above 2020. Within the Nuclear Security Administration,
the bill responsibly funds America's nuclear deterrent.
Nuclear nonproliferation receives $2.24 billion, an increase of $209
million above the request.
Finally, this bill prohibits the diversion of essential Army Corps
funds to be used for a border wall. In addition to regular
appropriations, the bill cues up additional investments that will spur
a job-rich, robust economic recovery by modernizing our water and
energy infrastructure.
I cannot thank our chair more for her efforts to make sure this
occurs, including $17 billion to accelerate backlogged Army Corps of
Engineers projects across this Nation; $3 billion to accelerate work on
authorized reclamation projects; and $25.3 billion for the Department
of Energy to modernize infrastructure and deploy technologies for our
Nation's future clean energy.
In sum, the Energy and Water division will help put America back to
work. It makes desperately needed investments in crumbling water
infrastructure across the Nation.
The SPEAKER pro tempore. The time of the gentlewoman has expired.
Mrs. LOWEY. Mr. Speaker, I yield the gentlewoman from Ohio an
additional 30 seconds.
Ms. KAPTUR. It maintains a credible nuclear deterrent while
supporting a robust nonproliferation program.
I would like to thank our ranking member, Mr. Simpson, for his
partnership and thank our subcommittee staff for their hard work: Jaime
Shimek, Farouk Ophaso, Scott McKee, Marcel Caldwell, Mike Brain, Mark
Arnone, and Angie Giancarlo on the other side.
I want to thank all of our committee members, especially dear friends
like Chairman Visclosky; Chairman Serrano; Chairwoman Lowey; and on the
Republican side, Mr. Graves, all of whom are retiring. They will take
with them over a century of cumulative legislative knowledge that
simply cannot be replaced.
It is a profound contribution but also a great loss to our Nation as
you depart. May God bless you all.
I urge my colleagues to support this bill.
Mr. COLE. Mr. Speaker, I yield 6 minutes to the distinguished
gentleman from Alabama (Mr. Aderholt), my good friend, the ranking
member of the Commerce, Justice, Science, and Related Agencies
Subcommittee of the Appropriations Committee.
Mr. ADERHOLT. Mr. Speaker, I rise this morning in opposition to H.R.
7617.
I do appreciate the efforts of the majority in producing the FY 2021
appropriations package that we are considering on the floor today. This
bill addresses many priorities and concerns that Members on both sides
of the aisle have.
There are a lot of things in this bill that we all agree on,
particularly in division B of the Commerce, Justice, Science, and
Related Agencies Appropriations Act.
I do want to thank Chairman Serrano for including the resources
necessary to work toward completion of the Space Launch System, or, as
it is commonly called, the SLS, including no less than $400 million for
the Block 1B version of the Space Launch System.
With its powerful Exploration Upper Stage and the 8.4-meter payload
fairing, the Block 1B represents a transformational strategic
capability for the United States and deep-space exploration.
NASA must increase the pace of SLS production to ensure that a Space
Launch System is available for the Europa missions and other future
science missions, in addition to meeting all human exploration needs.
I also want to thank Chairman Serrano. Of course, as has been said,
he is going to be retiring after this term. We certainly will miss him
around here in the House Chamber and the Capitol complex.
I want to thank him also for including $110 million for the nuclear
thermal propulsion, a level necessary to work toward the design of a
flight demonstration by 2024.
In addition to some key space priorities, the bill also addresses
issues impacting all of our communities. It increases funding for
critical drug court programs and other vital initiatives that address
the opioid epidemic, as well as the DNA analysis programs
[[Page H4114]]
that are helping to solve cold cases and eliminate the backlog of
sexual assault cases.
The bill also rightly directs the Department of Justice to undertake
novel approaches to addressing online child exploitation, obscenity,
and human trafficking.
In addition, the bill includes strong funding for the agencies to
ensure compliance with trade laws and agreements. I am especially
pleased that it funds the aluminum import monitoring program.
The bill also supports the administration's Industries of the Future
initiative with new investments in quantum information science,
artificial intelligence, 5G research, and advanced manufacturing.
Finally, I want to thank Chairman Serrano and his staff for including
$10 million for the VORTEX Southeast program. The number of killer
tornadoes in the southeastern part of the United States is really
disproportionate to the overall number of tornadoes throughout the
country. VORTEX Southeast is doing critical work to better understand
environmental factors and improve weather forecast communications in my
home region of the South and Southeast.
However, with all of this being said, the strong funding that is in
some areas of this bill, unfortunately, it makes the deficiencies in
this bill even more glaring.
For example, we all saw for ourselves several weeks ago, when the
Nation witnessed the first U.S.-based launch of astronauts in 10 years,
the passion of the American people at that time for a renewed era of
space exploration and a recognition of the strategic value of U.S.
space supremacy.
Yet, this bill that we are debating today rejects America's Moon-to-
Mars Artemis initiative and the capabilities needed to land the first
woman on the Moon by 2024.
Worse still, this bill caters to the radical demands of defunding so
many of our law enforcement agencies across the board. None of the
Federal law enforcement agencies in this bill, including the FBI, the
ATF, the DEA, or the U.S. Marshals Service, are fully funded in this
legislation.
The Attorney General has made fighting gun crime one of his
priorities, yet none of his initiatives received the requested
increase. Even bipartisan requests to address violent gun crime, along
with the request to increase resources for the investigation and
prosecution of human trafficking, child exploitation, and high-tech
organized crime at the Federal level, have been marginalized in this
bill.
The bill includes so many new unauthorized conditions on the Byrne
JAG and COPS programs, it seems these grants will basically be halted
indefinitely.
I have no doubt that our side of the aisle could have supported some
bipartisan police training reforms and other policy initiatives, had
the majority not bowed to the pressure of defunding so many of these
programs.
The bill also sets a terrible precedent by proposing to use hard-
earned taxpayer dollars to defend people crossing the border illegally.
Sadly, it will only serve to further entice people to make that
dangerous journey as they head north.
This bill eliminates several longstanding Second Amendment
protections that have enjoyed historical bipartisan support. The
elimination of freedoms that are not even associated with firearms is
an unfortunate outgrowth of the gun control agenda with no basis in the
science of criminal justice.
In closing, I want to thank Chairwoman Lowey and Chairman Serrano and
all of their staff for their hard work. They both have great careers,
and we will certainly miss them.
Just in closing, I do want to say thanks to the minority staff:
Stephanie Gadbois, Darren Benjamin, and Kristin Clarkson, along with
the majority staff, Bob Bonner, Jeff Ashford, Trisha Castaneda, Faye
Cobb, T.J. Lowdermilk, Shannon McCully, and B.G. Wright.
The SPEAKER pro tempore. The time of the gentleman has expired.
Mr. COLE. Mr. Speaker, I yield the gentleman from Alabama an
additional 30 seconds.
Mr. ADERHOLT. I continue to be committed to working with the majority
in good faith as we proceed through the legislative process, and I look
forward to the debate that we will have today.
Mrs. LOWEY. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, it is such an honor for me to yield to the next speaker,
the gentleman from Indiana (Mr. Visclosky), who is the chairman of the
Subcommittee on Defense.
Mr. Visclosky has announced that he is going to retire, but he has
committed so much of his knowledge, his energy, to a bill that requires
a lot of knowledge of detail. It is a very, very difficult bill, but
Mr. Visclosky has mastered it.
At the same time that the gentleman has focused on this very
important bill, he remembers all of his constituents back home. My
vision of Mr. Visclosky was writing notes and participating in the
hearing, but it was clear to me that the gentleman served every one of
his constituents with distinction as well as being chairman of this
committee.
Mr. Speaker, I say to Mr. Visclosky: Good luck, my friend. Good
health, my friend. I wish you everything the best on your retirement,
and more time with family and friends.
Mr. Speaker, I yield 5 minutes to the gentleman from Indiana (Mr.
Visclosky), the outstanding chair of the Subcommittee on Defense.
Mr. VISCLOSKY. Mr. Speaker, I want to thank the chairwoman for her
very kind remarks. I also want to thank Nita for her friendship over
the years. As I am going to again mention in my prepared remarks, the
gentlewoman's life of service to not only her constituency, not only to
this great Nation, but to the people of the world, given all of her
work on the Subcommittee on State, Foreign Operations, and Related
Agencies, and again, having a broad, long-term view of dedicating her
life to make sure that the world we leave is going to be better for our
children and posterity.
So I appreciate that as well. As I have quipped, if the gentlewoman
is not going to be back next year, I am not going to be back next year.
I, first of all, do want to thank my ranking member and my friend,
Mr. Calvert, for his continued commitment to being collegial,
transparent, and bipartisan.
I cannot overstate the value of the gentleman's friendship and the
partnership we have enjoyed over the years. He is a gentleman.
Further, I would again appreciate and acknowledge the work of
chairwoman, Mrs. Lowey, who is also departing the House at the end of
this year. Again I commend you, Nita, for your dedicated life of
service and a commitment to leaving this world better. Thank you very
much.
{time} 1100
I want to also thank the subcommittee staff, particularly our clerks,
Becky Leggieri and Johnnie Kaberle; as well as Walter Hearne, Brooke
Boyer, Ariana Sarar, Kiya Batmanglidj, Jackie Ripke, David Bortnick,
Matt Bower, Bill Adkins, Jennifer Chartrand, Hayden Milberg, Paul
Kilbride, Shannon Richter, Sherry Young, Kyle McFarland, Jamie
McCormick, Brian Potts, and Nick Vance; those in Ranking Member
Calvert's personal office, as well, Rebecca Keightley and William
Hendrickson; and my personal staff, Joe DeVooght and our fellow from
the Department of Defense, Major Stephen Cash.
I am profoundly grateful to each for their dedicated service to the
public, for their acumen, and for their generosity of spirit.
The bill continues to focus on the well-being and morale of those in
uniform and their families as well as DOD civilians and their
communities. The bill provides an additional $116 million for upgrades
to childcare facilities, and the report contains language directing the
military services to present innovative ideas to address the serious
backlog for childcare.
It provides $1.49 billion for environmental restoration activities,
which is $415 million above the request.
We provide $327 million to address the ongoing epidemic of sexual
assault in the military and at the service academies, which is $49
million more than requested. Despite dire warnings, the Department's
budget for sexual assault prevention and response remains stagnant. The
Department has got to do a much better job.
[[Page H4115]]
Another area of deep concern for me is the Department's lack of
compliance with many congressionally directed reporting requirements.
For example, last year, the committee directed the Department to submit
a report on its contracts for advertising services with socially and
economically disadvantaged small businesses. The report was supposed to
accompany the Department's fiscal year 2021 budgets submission in
February, but it was transmitted to the committee on July 14, 5 months
late and the same day we marked up the bill. Regrettably, reporting
deadlines are often missed, making it much more difficult for the
committee to make timely decisions.
The bill, again, contains several provisions to rein in the
Department's now habitual redirection of funding and contravention of
congressional intent. One DOD official in a meeting earlier this year
referred to these transfers of $10 billion as anomalies. I refer to
them as habitual abuses. The sense of entitlement in these actions is
galling, and I hope that at some point the Department will have the
leadership in place to recognize it is Congress' constitutional
prerogative and restore trust to the appropriations process.
Mr. Speaker, before I begin with my remarks on the fiscal year (FY)
2021 bill, I would like to briefly discuss some concerns I have as a
longtime member of the House Appropriations Committee.
The Committee has a unique responsibility. It is charged with funding
and oversight of the entire government, and ensuring that it is as
effective and as efficient as possible. However, in some ways, the
Committee is at its nadir in terms of its ability to achieve bipartisan
solutions. In part, this is due to the Budget Control Act of 2011,
which is an ill-fated attempt to balance the federal budget by cutting
only discretionary spending.
Currently, mandatory spending and interest on the debt represent 70
percent of the money spent each year by the federal government.
Discretionary spending, which is an investment in the future, makes up
just 30 percent of federal spending. When less than 30 percent of young
Americans are qualified to join the military, it is clear we need to
invest more in our nation's health, education, infrastructure, and
jobs. Unfortunately, from my perspective, recent Congresses have
mistakenly relied on mandatory spending to avoid making difficult
decisions on discretionary spending on an annual basis. A case in
point, last week the House passed a bill that will provide much needed
funding to address the maintenance backlog in our public lands. But the
bill utilizes mandatory funding mechanisms that further decrease the
ability of Congress and the Appropriations Committee to exercise annual
discretion and oversight.
I implore my colleagues who serve in the next Congress to avoid
repeating the mistakes of the recent past. The lasting solution to our
nation's fiscal problems will only be realized by confronting the
continued growth in mandatory spending while simultaneously increasing
revenues. In the year 2000, the last year the federal government had a
surplus, revenues, as a percentage of GDP, were 20 percent. In fiscal
year 2019, revenues were 16.3 percent. We need revenue to invest in the
future of our country, and every appropriated dollar is an investment.
Moving onto the FY 2021 bill, I first want to thank my Ranking Member
and friend, Mr. Calvert, for his continued commitment to being
collegial, transparent, and bipartisan. I cannot overstate the value of
his friendship and the partnership we have enjoyed over the years.
I also want to express my sincere gratitude to Chairwoman Lowey and
Ranking Member Granger. We would not be here without their leadership
and dedication.
Further, I would like to acknowledge that Chairwoman Lowey will be
joining me in departing the House at the end of this year. I commend
her for a dedicated life of service and commitment to leaving this
world a little bit better than the way she found it. Thank you very
much. It is a joy to work with you.
I want to thank the Subcommittee staff, particularly, our clerks,
Becky Leggieri and Johnnie Kaberle, as well as Walter Hearne, Brooke
Boyer, Ariana Sarar, Jackie Ripke, David Bortnick, Matt Bower, Bill
Adkins, Jennifer Chartrand, Hayden Milberg, Paul Kilbride, Shannon
Richter, Sherry Young, Kyle McFarland, Kiya Batmanglidj, Jamie
McCormick, Brian Potts, and Nick Vance, my personal office staff, Joe
DeVooght and Stephen Cash, and those in Ranking Member Calvert's
personal office, Rebecca Keightley and William Hendrickson. Having to
assemble the bulk of the bill and report remotely increased the degree
of difficulty substantially, as it has for all of the subcommittees. I
commend them for their professionalism and acumen.
The bill would provide $694.6 billion for the Department of Defense
budget, which is $1.3 billion above the fiscal year 2020 enacted level
and $3. 7 billion below the request. The base funding recommendation is
$626.2 billion, which is $3.5 billion above the fiscal year 2020
enacted level and $3.5 billion below the request. The overseas
contingency operations recommendation is $68.4 billion, which is $2.2
billion below the fiscal year 2020 enacted level and $215 million below
the request.
This legislation recognizes the complex challenges the members of our
Armed Forces and intelligence community face every day throughout the
world, and it aims to ensure that they are able to continue to meet
these challenges and complete their missions to the best of their
abilities. To support this forward-looking posture, the bill makes
major investments in operations and maintenance, procurement, and
research and development.
I also think it is important to highlight some investments the
Committee has made with regards to the current COVID-19 pandemic. This
legislation would provide:
$758 million in procurement for COVID-19 recovery for second, third
and fourth tier suppliers. This has been of particular interest to Mr.
Calvert, and I appreciate his advocacy of this issue;
$450 million in operation and maintenance for COVID-19 recovery and
resupply; and
$150 million in the Defense Health Program for COVID-19 response.
In addition to the funding enumerated above, the legislation places
several reporting requirements on the Department specific to COVID-19.
The budgetary impacts of the pandemic on the Department are still
largely undetermined. Some programs will cost more. However, there will
be savings obtained through delayed or cancelled events and activities.
It is imperative that the Committee and Congress have as much detail as
possible to properly delegate funding and to conduct oversight.
And most importantly, the bill continues to focus on the well-being
and morale of those in uniform and their families, as well as DoD
civilians and their communities.
The bill provides an additional $116 million for upgrades to
childcare facilities and the report contains language directing the
military services to present innovative ideas to address the serious
backlog for childcare.
The bill provides $1.49 billion for environmental restoration
activities, which is $415 million above the request. This increased
funding will help DoD address the significant and salient public health
risks associated with PFOS/PFOA.
The bill and report take steps to stop the Department from closing
military treatment facilities and from reducing military healthcare
billets, which would have cost $334.6 million this fiscal year. These
plans were poorly justified to the Committee prior to the pandemic, and
even harder to defend under current conditions.
The bill provides $327 million to address the ongoing epidemic of
sexual assault in the military and at the service academies, which is
$49 million more than requested. And I must express my personal upset
over this issue. The most recent report on the sexual assault rate for
women has jumped a shocking 50 percent from 2016 to 2018. Despite dire
warnings, the Department's budget for sexual assault prevention and
response remains stagnant. And I would also say it is not just a
question of money. Year after year after year, we have testimony from
officials who contend that they are really committed to solving this
problem. And yet we are going backwards. The Department must do a much
better job.
These efforts and several others within the bill will have an
immediate positive impact on people's quality of life.
Another area of concern for me is the Department's lack of compliance
with many Congressionally directed reporting requirements. For example,
last year the Committee directed the Department to submit a report on
its contracts for advertising services with socially and economically
disadvantaged small businesses. The report was supposed to accompany
the Department's FY 2021 budget submission in February, but it was
transmitted to the Committee on July 14, five months late and the same
day we marked up the bill. Regrettably, reporting deadlines are often
missed, making it much more difficult for the Committee to make timely
decisions.
The bill, again, contains several provisions to rein in the
Department's habitual redirection of funding and contravention of
congressional intent. These actions have irreparably damaged the
Department's credibility with the Committee. One DoD official, in a
meeting, referred to these transfers of billions of dollars as
anomalies. I refer to them as habitual abuses by the Department.
In recent years, the Department leadership has not missed an
opportunity to claim that a 3 percent to 5 percent annual growth rate
in the defense budget is necessary to support the National Defense
Strategy. But at the
[[Page H4116]]
same time, those same leaders facilitated the transfer of nearly $10
billion to non-defense activities not enumerated in their own National
Defense Strategy. And while this was happening, they also have the
temerity to repeatedly request more flexibility from Congress for
executing their budget and for reprogramming authorities. The sense of
entitlement in these actions is galling, and I hope that at some point
the Department will have the leadership in place to recognize
Congress's constitutional prerogative and restore trust to the
appropriations process.
In closing, I would again thank my chair, ranking member, and all of
the members, who have logged so many hours in making this bill
possible. I look forward to debate on the amendments.
Mr. COLE. Mr. Speaker, I yield 7 minutes to the gentleman from Idaho
(Mr. Simpson). My very good friend is the ranking member on the Energy
and Water Development, and Related Agencies Subcommittee on
Appropriations.
Mr. SIMPSON. Mr. Speaker, I thank my good friend from Oklahoma for
yielding.
Mr. Speaker, I rise today in reluctant opposition to H.R. 7617, the
six-bill fiscal year 2021 appropriations package that includes the
Energy and Water Development appropriations bill.
I had hoped to have been able to support the appropriations bill this
year. Unfortunately, while the bill includes some bipartisan
priorities, excessive spending and partisan riders mean I am unable to
support the bill at this time.
I am pleased that the bill continues significant investments in our
Nation's water resources infrastructure, including harbor maintenance
activities. Unfortunately, the majority is choosing to ignore several
opportunities to enhance water security in the drought-prone West. The
bill cuts funding for water storage projects, blocks a critical water
storage project in California, and unnecessarily delays the use of
previously appropriated funds for other water storage projects.
Republicans--in fact, I think every Republican from the California
delegation--filed multiple amendments to correct these problems, but
none of them were made in order. Even a simple amendment to highlight
the importance of funding for water storage projects was left out of
the rule.
In fact, every other Energy and Water amendment that followed the
same format was made in order and will be in en bloc amendments
expected to be adopted. Yet the majority refused to allow the full
House to even consider and to even debate these critical Western water
storage issues.
One bipartisan priority of great importance to me is the Department
of Energy's nuclear energy program. While the bill addresses several
priority activities within the program, overall funding for the program
is not reflective of its importance to the national and global energy
future.
The committee report repeatedly expresses the majority's intent to
address climate change, and we have heard that today several times. Yet
nuclear energy, a carbon-free, baseload source of power, suffers one of
the largest cuts from enacted levels in the entire bill.
I am pleased to support Mr. Weber's amendment highlighting the
importance of the versatile test reactor. This project will provide a
capability that will help with the development of next-generation fast
neutron reactors as well as benefit materials development for today's
reactors. I am hopeful that, moving forward, we can work together
towards stronger funding for the entire nuclear energy program,
including the versatile test reactor.
One of my main concerns with the bill is the significant amount of
emergency spending, mandatory spending, and other gimmicks that
effectively undermine the defense and nondefense spending levels agreed
to in last year's bipartisan budget deal.
The emergency spending provisions alone almost double the cost of the
Energy and Water bill, all without discussion, let alone buy-in from
House Republicans. That is why I support Mr. Perry's amendment to
strike the emergency spending in the Energy and Water bill. If there is
a demonstrated need for spending above and beyond the bipartisan caps,
it should only occur as a result of bipartisan discussions on that
issue, not as a partisan title to an annual appropriations bill.
Even with all the additional spending, however, the bill still
shortchanges funding for the nuclear weapons program by almost $2
billion. Currently, much of our nuclear weapons complex infrastructure
is old, outdated, and some of it is literally falling apart. We must
uphold our Nation's strong nuclear deterrence posture, and to do that,
we must adequately fund the activities necessary to maintain a safe,
reliable, and effective nuclear weapons stockpile.
The bill includes numerous policy riders and authorizing provisions,
most of which we know will be unacceptable to the administration and
will need to be addressed before a final bill can be enacted. I believe
one of these riders is intended to reaffirm current law with respect to
the authority of the Secretary of Energy, and I strongly support that
intent.
The House will consider an amendment to strike this language due to
concerns that the text goes beyond the intent and would unintentionally
disrupt the important work of the Nuclear Weapons Council. While I
certainly understand those concerns, I am also concerned about recent
efforts in the Senate to undermine the authority of the Secretary of
Energy.
The Secretary must continue to have full authority for appropriately
balancing priorities across the entire Department, including the
nuclear weapons program. Unless or until those Senate efforts are
defeated once and for all, I believe it would be better to improve the
bill text to avoid unintended consequences rather than strike the
language entirely.
Finally, I am disappointed that the bill does not include any funding
to advance the Yucca Mountain license application process and, instead,
offers a false promise of interim storage as a solution to the nuclear
waste issue. Continuing the license process is how we ensure an
authoritative scientific decision--not a political decision--on the
safety of Yucca Mountain.
Over the past few decades, electricity customers across the country
have paid roughly $43 billion, with accrued interest, into the nuclear
waste fund for permanent disposal of nuclear waste. Due to the
political decision to halt advancement of a permanent repository,
however, it is the taxpayers--not the ratepayers, but the taxpayers in
all 435 congressional districts--who currently are paying approximately
$2.2 million per day, or more than $800 million per year, to cover the
cost of temporary onsite storage.
There has long been broad, bipartisan support for continuing the
Yucca Mountain licensing process, and the Energy and Water bill should
reflect that reality.
Despite our disagreements over the issues I have mentioned, I want to
close by thanking Chairwoman Kaptur and the majority staff for their
dedication and hard work on this bill. Ms. Kaptur has continued the
cooperative tradition of the subcommittee, even during this year's
unusual circumstances, and I appreciate that very much.
I would also like to thank Chairwoman Lowey and Ranking Member
Granger for their support.
Lastly, I would like to thank the staff on both sides of the aisle,
particularly my staff in my office, Sarah Cannon, who is on kind of
semi-leave about ready to deliver another child. So she does a great
job.
I look forward to working together as this bill moves forward in the
legislative process to develop a final Energy and Water bill that
reflects a balanced set of priorities.
Mrs. LOWEY. Mr. Speaker, I yield 5 minutes to the gentlewoman from
Connecticut (Ms. DeLauro), who is the outstanding and passionate chair
of the Subcommittee on Labor, Health and Human Services, Education, and
Related Agencies.
Ms. DeLAURO. Mr. Speaker, I rise to speak on a portion of the bill
for Labor, Health and Human Services, Education, and Related Agencies.
To start, let me commend my dear friend, the chair of the full
Appropriations Committee, Congresswoman Nita Lowey, who is a path
breaker and a change maker. Nita Lowey has made this Nation and the
world a far better place because of the commitments that she has to the
issues that come before this subcommittee: quality education, after
school programs, and protections for working men and women.
Under her leadership, appropriations proceeded despite, and in
response to, this virus and the disparities that it
[[Page H4117]]
has exposed. She is a force. She leaves a legacy of excellence and of
innovation, and, as I have said before on a number of occasions, I will
miss my friend. I will miss her in the Halls, and I will miss her in
committee, but our friendship carries on.
Also, I want to say thank you to Ranking Member Cole for his
friendship and for his gracious, collaborative spirit in which we work
together on the Labor-HHS bill, which we have for the last several
years in producing the bill. While we have differences of opinion on
issues, there is no difference of opinion on the shared values that we
have in providing opportunity and creating opportunity for the people
of this country. So I thank the gentleman very, very much.
For 2021, the Labor-HHS bill includes $196.5 billion in overall
funding. It is an increase of $2.4 billion above the 2020 enacted
level, $20.8 billion above the President's 2021 budget request.
The bill supports some of our Nation's most critical programs from
early Head Start, Social Security, CDC, and NIH. They touch individuals
and families throughout their lives and help to create that opportunity
to allow America to realize its values and its promise.
The Labor, Health and Human Services, Education, and Related Agencies
Subcommittee also continues to be central to our response to COVID-19.
We are at the center of this health and economic crisis and the serious
racial and economic disparities that it has exposed.
Since March, we have appropriated $280 billion in emergency funding
for education, for health, and for working people throughout the
pandemic. We add $300 billion more in the HEROES bill: $197 billion in
health, $100 billion in education, and $3.1 billion in labor.
Today we seek to build on those emergency and supplemental packages
so that we can be making it safe for our economy to reopen.
Our Members recognize the importance of this bill. The subcommittee
received more than 15,000 requests for today's bill, and I am proud to
say that we were able to fill so many of them either in total or in
part, and that is from both sides of the aisle.
Let me provide a brief overview.
Together, we are making investments for the Nation for health,
education, good-paying safe and secure jobs, and to address the
disparities that have been exposed by this virus:
For health, $96 billion for programs at the U.S. Department of Health
and Human Services, an increase in $1.5 billion above 2020. That is a
$500 million increase for the NIH and a $230 million increase for the
CDC.
For families, children, and seniors, we provide $150 million more for
Head Start, $100 million more for childcare, $25 million more for
preschool development grants, and $25 million more for the Low Income
Home Energy Assistance Program.
For education, a $716 million increase from 2020. That includes $254
million for title 1 education for the disadvantaged, $194 million more
for IDEA State grants for special education, $150 more for a maximum
Pell grant, and $50 million more for minority-serving higher education
institutions.
As the school year approaches, while the White House chooses to make
that a political battle to threaten schools and teachers, instead of
beating them down, we are lifting them up to invest in them so that
they can meet the education and the life challenges that face them.
For working Americans, this bill provides an increase for the
Department of Labor of $254 million, $12.7 billion in total.
When unemployment remains at alarming high levels, we are investing
in job opportunity and worker protection with $50 million for more
workforce innovation and opportunity grants.
The SPEAKER pro tempore. The time of the gentlewoman has expired.
Mrs. LOWEY. Mr. Speaker, I yield the gentlewoman from Connecticut
(Ms. DeLauro) an additional 30 seconds.
Ms. DeLAURO. Mr. Speaker, there is $12 million more for Job Corps and
a $15 million increase for worker protection programs.
We plan future investments for our public health agencies in an
emergency, $24.4 billion; for the CDC, $9 billion; NIH, $5 billion; for
BARDA, $4.5 billion.
Mr. Speaker, we are going to look at ensuring oversight on these
dollars so that the scientists are in charge and not the politicians.
{time} 1115
The SPEAKER pro tempore. The time of the gentlewoman has again
expired.
Mrs. LOWEY. Mr. Speaker, I yield an additional 1 minute to the
gentlewoman.
Ms. DeLAURO. Mr. Speaker, it is time for us to move boldly, swiftly.
Let's defeat the virus and the racial disparities it has exposed in
health, education, and the economy. We can and must do so by passing
the bill before us, and I urge my colleagues to invest in our
constituents, invest in beating this virus, and closing those gaps it
has exposed. We need to vote ``yes'' on this bill.
Mr. Speaker, I will miss my colleagues, Mr. Visclosky, Mr. Serrano,
Mr. Graves, Mrs. Roby, and Mr. Hurd. It has been an honor to serve with
them. And to our staff in the majority: Brad Allen, Jared Bass,
Jennifer Cama, Robin Juliano, Jackie Kilroy, Laurie Mignone, Stephen
Steigleder, and Philip Tizzani. And my personal staff: Letty Mederos,
Liz Albertine, and Caitlin Peruccio. I thank Ranking Member Granger,
and to Shalanda Young and to Chris Bigelow for all of the help you
provided us during this period of time.
Mr. COLE. Mr. Speaker, I yield 5 minutes to the distinguished
gentleman from California, (Mr. Calvert), my very good friend, the
ranking Republican on the Subcommittee on Defense Appropriations.
Mr. CALVERT. Mr. Speaker, I rise in reluctant opposition to the
defense appropriations division of H.R. 7617.
However, first, I thank the full committee chairwoman, Nita Lowey,
for her dedicated leadership and years of service to the Committee on
Appropriations and to this institution.
I also extend my deep gratitude to Chairman Visclosky, who has been a
great partner on the committee and a friend these many years. You will
both be very much missed, and I wish you all the happiness in your next
chapter.
I also thank our full committee ranking member, Kay Granger, for her
leadership on this bill. She has been a tireless advocate for our men
and women in uniform.
Mr. Speaker, the bill before us today provides funding for many key
programs consistent with the National Defense Strategy and is focused
on great power competition with China and Russia.
The bill makes critical investments in 5th generation combat
aircraft, ships, and an additional Virginia-class submarine, while also
providing the combatant commanders the resources necessary to carry out
their missions. The bill also continues to invest in research and
development of new technologies essential to maintaining U.S. military
superiority.
I am also pleased at the focus on providing for the health and
welfare of our men and women in uniform. It reflects the longstanding
concerns that so many of our members have had with defense health
programs; sexual assault prevention, suicide prevention, and a long-
awaited electronic health record.
These are all examples of critical investments in this bill that I
strongly support. That is why it is so unfortunate that important
initiatives that have broad support are overshadowed by political
issues.
While this is a very strong bill, there are numerous provisions, like
the prohibition on funding for the southwest border wall construction
and limitations on DOD's general and special transfer authorities that
will draw a veto threat from the administration. It is important that
the bill becomes law as soon as possible.
While I cannot support it in its current form, I am committed to
working with the majority to produce a bill that can be signed by the
President.
The importance of getting a bill done on time cannot be overstated.
According to a DOD comptroller, a continuing resolution wastes roughly
$1.7 billion a month. $1.7 billion a month wasted. This year, a CR
would halt many of the modernization priorities that are vital to
maintaining our military superiority over near-peer threats, such as
[[Page H4118]]
China and Russia. This is no way to run the most sophisticated and
professional fighting force in the world.
There are currently over 200,000 U.S. servicemembers deployed around
the world, ensuring that threats never meet our shores. They do their
job every day; there is no allowance for pause or break. They do what
we ask, and it is time for Congress to do what is necessary and
required in the U.S. Constitution and provide for the common defense of
our Nation in a timely and consistent manner.
Mr. Speaker, in closing, I thank the staff, both minority and
majority staff, for their hard work during some very challenging times.
Mrs. LOWEY. Mr. Speaker, I yield 3 minutes to the distinguished
gentlewoman from California (Ms. Roybal-Allard), the hardworking
chairwoman of the Subcommittee on Homeland Security, a woman with
endless patience and expertise who has worked with dozens of groups who
have such definite ideas on this bill.
Ms. ROYBAL-ALLARD. Mr. Speaker, I rise in support of H.R. 7617, and I
commend the chairs of the subcommittees who worked so hard to produce
funding bills that reflect our ``For the People'' vision for America.
The appropriation bills in this minibus provide critical resources
for our wide range of vital domestic and defense priorities. As vice
chair of the Labor-HHS Subcommittee, I will focus on that title of the
bill which, thanks to the efforts of Chairwoman Rosa DeLauro and
Ranking Member Cole, upholds our promise to Americans by investing in
our workers' needs, supporting the education of our children, and
ensuring all our families and communities have access to quality health
programs during this pandemic and beyond.
For example, the bill makes strong investments to strengthen the
ability of our public health system to overcome the current COVID
crisis, and equally important, to have the resources to build the
infrastructure critical to our ability to successfully address
public health challenges in the future.
Robust investments are also made to address the health disparities
COVID-19 has intensified, and the bill commissions a National Academies
of Sciences study on the most promising solutions to advance health
equity in the years ahead.
Mr. Speaker, I am pleased the Labor-HHS bill contains substantial
funding for many of my requests to support mothers and babies during
this pandemic and the months to follow. This includes large increases
to the Maternal and Child Health Services Block Grant and the Healthy
Start program, as well as strong investments in breastfeeding support
and a maternal mental health hotline.
Today, our children and families are suffering from the prolonged
isolation of school closures and the challenges of learning remotely
while parents try to work. As we fight the pandemic, this bill makes
critical investments to ensure our children safely receive a high-
quality education.
During a time when so many Americans have lost jobs due to the
economic impact of this pandemic, the strong outlays in job training
and apprenticeships will help American workers gain the skills needed
to get well-paying jobs.
Mr. Speaker, Vice President Biden has said, ``Don't tell me what you
value. Show me your budget, and I will tell you what you value.''
I thank Chairmen Visclosky, Serrano, Quigley, and Price, and
Chairwomen Kaptur and DeLauro, for outlining those values so clearly in
their appropriations bill, and I urge passage of this minibus.
Mr. COLE. Mr. Speaker, I yield 4 minutes to the distinguished
gentleman from Florida (Mr. Diaz-Balart), my very good friend and
classmate.
Mr. DIAZ-BALART. Mr. Speaker, let me start by thanking Chairwoman
Lowey and Ranking Member Granger for their leadership.
A lot has been said about Chairwoman Lowey, and I don't want to
repeat myself, but the bottom line is: You are one class act, and you
will be sorely missed by this institution.
Mr. Speaker, I thank Chairman Price for his friendship, his
transparency, and his openness in this process. I strongly support so
many aspects of the T-HUD portion of this bill. I am particularly
pleased with the inclusion of funding and language requests from
Members on both sides of the aisle in a nonpartisan way.
I appreciate, for example, the $300 million for port infrastructure
grants. It is important, obviously, for coastal States like Florida,
but also for our entire country's freight network, and our economy. It
is clear that ports are crucial for our economy.
The bill also includes $389 million for a Maritime Academy Training
Ship program--something that had been, frankly, ignored for too many
years. This bill supports the training ship in Texas, which will double
as a disaster response asset for the region.
The bill continues investments in our Nation's highways, rail,
transit and airport infrastructure. It builds on progress we have made
in recent years through, again, this bill creating jobs, improving the
quality of life, and spurring innovation. The bill makes important
progress to enhance safety on our roads and railways.
Now, these are programs championed for years by Chairwoman Lowey,
and, obviously, Chairman Price. And I share her support in these areas,
but, again, this has been her driving force.
Funding for FAA will modernize air traffic technologies, improve the
safety of our skies, and address noise concerns from our colleagues in
our communities.
The bill renews housing assistance for millions of Americans in need.
It is our duty. It is our duty to meet this commitment, especially for
our elderly, for our disabled, for our heroes, for our veterans. These
housing assistance programs are not just a safety net for millions of
Americans, but they are a path for opportunity and self-sufficiency to
so many.
Chairman Price has included new innovative programs to support our
efforts to end homelessness in America, including a focus on families
at risk of becoming homeless, victims of domestic violence, and
veterans.
Again, Chairman Price has made so many smart and, by the way, tough
decisions, but smart, good policy decisions that I, unfortunately, like
my colleagues, find it unfortunate that I cannot support this bill in
its current form right now.
A major portion of this T-HUD bill division is based on, frankly, a
funding gimmick--$75 billion in new infrastructure spending is
designated as an emergency. This violates last year's bipartisan
agreement. It puts our entire appropriations process at risk. The bill
also includes controversial DOT and HUD policy riders. Some of these
were dropped last year, again, consistent with the budget agreement
that we all--most of us--voted for. And they have to be dropped again.
Despite these concerns and, obviously, despite the fact that at this
moment I can't support the bill, I need to thank Chairman Price for
making, again, as I mentioned, some really, really good important
decisions. He had to make some tough decisions. That is what this job
entails when you are an appropriator and you are a cardinal, but he has
done so.
Mr. Speaker, I am confident--no, I am certain--that we will be able
to address these concerns as this process moves forward. Chairman Price
knows how to reach across the aisle and how to strike a deal, as does
our committee leadership, Chairwoman Lowey, and our ranking member, as
well.
The question is not ``if,'' but ``when'' we will be able to get a
bill that can be sent to the President and will be able to get his
signature. Again, this bill isn't that right now, but I am confident
that we will be able to move forward.
Mrs. LOWEY. Mr. Speaker, I yield 5 minutes to the distinguished
gentleman from North Carolina (Mr. Price), the chairman of the
Subcommittee on Transportation and Housing and Urban Development.
Mr. PRICE of North Carolina. Mr. Speaker, I thank my colleague and
friend, Chairwoman Lowey.
Mr. Speaker, I rise in strong support of this bill, particularly the
division involving Transportation, HUD appropriations for fiscal year
2021.
Mr. Speaker, I thank my friend and the former chairman of our
subcommittee, Mario Diaz-Balart, for his kind words this morning and
for his cooperation throughout this process. We
[[Page H4119]]
do work well together, and we share many, many goals for this
legislation. We have a bill that reflects that collaborative work.
My heartfelt best wishes to Chairwoman Lowey. Your leadership has
been exceptional, as many have said--your friendship, even more so. We
are going to miss you, and we are happy to see these tributes today.
And also, to other retiring Members: Mr. Visclosky, Mr. Serrano, Mr.
Graves; all colleagues who have contributed greatly, and whom we will
miss.
{time} 1130
This year's T-HUD appropriations bill represents a renewed commitment
to address our Nation's housing crisis and to modernize our aging
transportation infrastructure. Throughout the bill, we focus on
improved safety, on the needs of underserved people and communities,
and on resiliency in the face of a changing climate.
Overall, the bill includes $75.9 billion in discretionary funding.
That is an increase of $1.6 billion over the Fiscal Year 2020 level,
and it is $16.7 billion above the President's budget request. It also
includes major increases for highway and transit formula funding,
consistent with Chairman DeFazio's INVEST Act, which passed the House
on July 1, 2020.
On the housing side of the ledger, we provide increases of $100
million for the Community Development Block Grant program and $350
million for HOME, to help spur the creation of new affordable housing.
We fully renew all Housing Choice Vouchers. We provide $250 million
for new vouchers targeting homeless families and those at risk of
homelessness, and we increase homeless assistance grants by
approximately 23 percent over last year's level. That is the largest
increase in over a decade.
Our bill includes an 11 percent increase in the Public Housing
Capital Fund and new set-asides within that fund to address urgent
health and safety issues. We continue to provide new resources to
create more housing for the elderly and disabled and for the Choice
Neighborhoods program, formerly known as HOPE VI.
The bill also does right by transportation. All modes receive robust
funding, including highways, transit, rail, aviation, bike and
pedestrian projects, and ports.
This includes $1 billion for the popular BUILD program; more than $2
billion for Amtrak; a very deliberate 50 percent increase for intercity
passenger and freight rail improvements in the CRISI program; and a
funding boost for highways, bus fleet replacement, and the Federal
Transit Administration's Capital Investment Grants, or ``New Starts''
transit program.
This division of the bill also includes emergency funds. It provides
an additional $75 billion for infrastructure investments to revitalize
transportation networks, jump-start affordable housing production, and
further reduce the disgraceful public housing capital backlog.
Some may object to this use of emergency spending, but to them I ask:
What is the cost of continued inaction for our economy, for our
communities? ``Infrastructure Week'' shouldn't be a punch line. We need
to mean it. This funding is necessary for our future prosperity,
especially as we transition from this pandemic to recovery.
I want to underscore that the funding in the bill deliberately
promotes equity and resiliency in our communities. We set aside funding
for areas of persistent poverty, provide dedicated funding for DOT and
HUD to offer technical assistance, especially to rural and low-income
areas, and to fund programs that promote opportunity.
The bill seeks to protect taxpayer dollars by incorporating
resiliency principles into DOT and HUD programs. That means building
smarter, requiring all-hazards mitigation, and the use of updated
building codes.
Importantly, the bill prevents HUD from implementing mean-spirited
and harmful rules that would split up immigrant families in Federally
assisted housing and allow homeless shelters to discriminate against
LGBTQ individuals.
The SPEAKER pro tempore. The time of the gentleman has expired.
Mrs. LOWEY. Mr. Speaker, I yield an additional 1 minute to the
gentleman.
Mr. PRICE of North Carolina. The bill also provides increased funds
for fair housing enforcement, which is all the more important given
HUD's open hostility to bedrock fair housing laws and the President's
racist tweet, just yesterday, about low-income housing in suburban
communities. Pending amendments will go one step further in preventing
Donald Trump from repealing our fair housing rules.
So, Mr. Speaker, this year's T-HUD bill incorporates many priorities
from Members on both sides of the aisle, makes forward-looking
investments in our housing and transportation infrastructure, boosts
safety, protects vulnerable population, and promotes equity and
fairness.
I want to thank our excellent professional staff: Joe Carlile, our
majority clerk; his teammates Gladys Barcena, Winnie Chang, Jo Eckert,
Sarah Puro, Angela Ohm, and Becky Salay; our minority clerk, Doug
Disrud, and his colleague, Alyssa Hinman. I want to thank Sean Maxwell
from my personal staff and Chris Sweet from Mr. Diaz-Balart's personal
staff. They work hard, and we appreciate that hard work.
I urge my colleagues to support this legislation.
The SPEAKER pro tempore. Members are reminded to refrain from
engaging in personalities toward the President.
Mr. COLE. Mr. Speaker, I yield myself such time as I may consume.
To respond to my friend, I have no problems whatsoever with emergency
spending. That is why we passed four bills. We work with our friends on
the other side of the aisle to do that.
I think where the mistake was made was the HEROES Act, where you
decided you weren't going to work with anybody on this side of the
aisle. You just jammed it through, and it has gotten nowhere in the
United States Senate.
The same thing is happening here. This emergency spending of enormous
proportion that has been placed in this bill was done without any
consultation with Republicans in the House, let alone with agreements
with the Senate and the President, who would have to sign off on it. I
don't think that is a productive way to proceed. I think negotiating
together with one another, we show we can work together.
Mr. Speaker, I yield 2 minutes to the gentlewoman from Washington
(Mrs. Rodgers), a distinguished lady from Spokane, Washington, my good
friend, and a distinguished member of the Energy and Commerce
Committee.
Mrs. RODGERS of Washington. Mr. Speaker, I rise in opposition to the
bill. While it contains many partisan poison pills and reckless levels
of spending, there is a glaring omission: funding for the long-term
storage of nuclear waste.
Safely storing our Nation's existing and future nuclear waste in
Yucca Mountain is of paramount importance. Eastern Washington pioneered
some of the most important breakthroughs in nuclear technology of the
last century at the Hanford Site near Tri-Cities, Washington. Their
efforts are critical to continuing the development and the expansion of
nuclear power in the next century.
However, this important work came at a cost. Today, more than 2,000
tons of spent nuclear waste and millions of gallons of high-level waste
await disposal at the Hanford Site, which is why it is so necessary
that we move forward with the Yucca Mountain site and properly dispose
of the nuclear waste in eastern Washington and from the sites in 38
other States across the country.
The United States has led the world in nuclear energy innovation, and
continued advancements in this important technology will be essential
to meet our clean energy needs and maintain our global leadership in
the 21st century.
Failure to move forward with the Yucca Mountain site jeopardizes our
ability to continue to innovate in the future and is unfair to the
communities that have dealt with the cost of housing nuclear waste for
the past 50 years.
I would like to end by thanking Congressman Shimkus for his years of
tireless leadership on this important issue. Whether shepherding
legislation through the Energy and Commerce Committee and through the
House, prodding the Appropriations Committee to act, or leading
delegations to see Yucca firsthand, no one has been
[[Page H4120]]
more dedicated to solving the nuclear waste issue for our Nation's
communities.
Let's help him finish that fight by working on a bipartisan, long-
term solution to our country's nuclear waste.
Mrs. LOWEY. Mr. Speaker, I yield 5 minutes to the gentleman from
Illinois (Mr. Quigley), the chairman of the Subcommittee on Financial
Services and General Government.
Mr. QUIGLEY. Mr. Speaker, first, I want to thank Chairwoman Lowey for
her service and for allowing me to speak today.
I also want to thank my friend, Ranking Member Tom Graves, who I
now have had the privilege of working with for a fourth year managing
this bill. He was previously chairman. He was always helpful,
cooperative, and gracious. I thank him for his partnership throughout
this process, and we will miss him next year.
I would also like to thank the staff on both sides for the hard work
that goes on behind the scenes in developing this legislation. From my
personal office, that includes Juan and Bridget; and from our committee
staff on the majority side, Laura, Marybeth, Elliott, Aalok, Parker,
and Matt; and from our minority staff, John Martens. For the committee
staff particularly, I know it has not been easy, as you have been
working remotely.
The bill before us today provides $24.64 billion in total
discretionary funding. This is an increase of $808 million above 2020.
We also include $67 billion in emergency funding for broadband,
Federal buildings, and land ports of entry across the Nation.
The FSGG bill encompasses a wide range of programs, everything from
the IRS to the Federal courts to the District of Columbia to the
General Services Administration.
A longstanding priority of mine has been to help States and local
governments meet the challenge of restoring the security and integrity
of our elections. To this end, the bill includes $500 million for
election security grants to help States acquire resources and equipment
to conduct safe and secure and on-time elections.
This issue is especially relevant now, as States are currently facing
the need to adjust their processes to accommodate conducting an
election in the middle of a pandemic.
Also of importance, the FSGG bill includes $12.1 billion for the IRS,
an increase of more than $606 million above fiscal year 2020. This is a
good first step toward restoring the draconian cuts this agency has
suffered for almost a decade.
The IRS has played a critical role in the disbursement of stimulus
checks during the height of the tax filing season. While its rollout
has not been without its challenges, it has highlighted how important
it is for the IRS to have proper funding.
Notably, the bill makes significant investments in taxpayer services,
helping to provide better resources for taxpayers, especially for low-
income individuals and the elderly, and investment to support more
efficient and effective enforcement activities to address all
taxpayers, including those in the higher tax brackets, as well as an
investment in business systems modernization and to help improve their
outdated IT and operating systems.
The bill also ensures capital and other assistance gets to small
businesses and those who are underbanked in low-income communities. For
instance, we rejected the President's proposal to essentially eliminate
the Community Development Financial Institution Fund and included
$273.5 million for CDFIs.
The bill also provides $277 million for the Small Business
Administration's entrepreneurial development programs to help small
businesses expand and grow.
We also reject the administration's efforts to sideline funds to
combat the opioid epidemic. We include $290 million for High Intensity
Drug Trafficking Areas and $102 million for the Drug-Free Communities
program.
The bill includes $7.8 billion in discretionary appropriations for
the judicial branch, an increase of $287 million, to fund protective
services and physical security needs in courthouses and to ensure the
continued operations of the Federal judiciary.
We also increase funding for agencies to protect everyday consumers
and retail investors: the Consumer Product Safety Commission, the
Federal Trade Commission, and the Securities and Exchange Commission.
Finally, the bill takes steps toward reducing undue congressional
interference in local D.C. affairs and eliminates restrictions on the
District that do not apply to other parts of the Nation. Importantly,
it ends the uniquely restrictive prohibition on the use of locally
raised funds for abortions.
In closing, I would like to reiterate how grateful I am to all the
staff that helped put this product together. It is a bill we can all be
proud of, and I urge my colleagues to join me in support of this
legislation.
Mr. COLE. Mr. Speaker, I yield 2 minutes to the gentleman from South
Carolina (Mr. Duncan), my very good friend and distinguished member and
leader on the Energy and Commerce Committee.
Mr. DUNCAN. Mr. Speaker, here we go again, voting on an
appropriations package without funding Yucca Mountain because the
Federal Government will not follow the law passed by Congress.
It is the law of the land to store the Nation's nuclear waste in a
long-term repository, and Yucca Mountain is the site that was chosen by
the Federal Government to store that.
Now, the government wants the American people to follow the mandates
recommended by the CDC, but they won't follow a duly-passed law. Let's
be clear: It doesn't matter whether the Republicans or the Democrats
control the House of Representatives or the White House, the law is
ignored because of the politics of Nevada.
The terminology the other side uses, ``The science is settled,''
well, the science is settled with regard to Yucca Mountain. It was
settled a long time ago.
It is settled with reprocessing, too. But short of that, we need to
do something with the waste that sits beside the pristine waters of
Lake Erie, the Savannah River, Lake Keowee in my district, and
waterways all across this great land.
{time} 1145
I have got a question for my colleagues, Republican and Democrat: How
much have the utility rate payers in your State forked out for nothing?
Nothing.
I can tell you, in South Carolina, it is over $3 billion. I can tell
you that nationwide, it is about $40 billion.
And, folks, we are not just talking about spent fuel, which sits at
121 sites in 39 States. There is also yucky stuff sitting at Savannah
River site, Idaho Flats and Oak Ridge and Hanford, Washington, that has
been turned to glass.
Let's put that glass and the spent fuel where the Nation decided by
law that we should put that, and that is Yucca Mountain.
Mrs. LOWEY. Mr. Speaker, I yield 5 minutes to the gentleman from
Pennsylvania (Mr. Cartwright), the vice chair of the Commerce, Justice,
Science, and Related Agencies Subcommittee.
Mr. CARTWRIGHT. Mr. Speaker, I rise in strong support of this
combination of appropriations bills, this minibus.
Mr. Speaker, I would like to take a few minutes to discuss this CJS
component of the bill.
First, I would like to thank, again, our overall chairwoman of
appropriations for her amazing dignified service in the Congress and to
the Appropriations Committee.
I also want to express my appreciation to Chairman Jose Serrano,
whose leadership of CJS has been unmatched.
Thank you to the staff, Bob Bonner, Jeff Ashford, T.J. Lowdermilk,
Shannon McCully, B.G. Wright, Faye Cobb, Trisha Castaneda, and also
acknowledge the good faith and the assistance of Ranking Member
Aderholt and the minority staff as well.
The fiscal year 2021 Commerce-Justice-Science appropriations bill
includes a total of $71.473 billion in discretionary budget authority,
which is actually a $1.7 billion decrease below last year's level. This
reflects the natural decline in the funding requirement due to the
decreased needs associated with the completion of the 2020 Census.
But even at this overall funding level, the CJS bill sustains strong
increases to invest in jobs and economic
[[Page H4121]]
development, reduce gun violence, address climate change, sustain
scientific leadership in the world, and implement police accountability
and police reform.
On this last score, this bill takes immediate steps to start the
process of police reform and accountability and to better protect civil
rights. To do that, the bill increases funding for the Civil Rights
Division of the Justice Department, as well as for the U.S. Attorney
and the FBI to conduct pattern and practice reviews of law enforcement
agencies. We include language to roll back Justice Department policies
that have hindered this oversight.
The bill provides funding for a national task force on law
enforcement oversight and national police misconduct database.
In addition, the bill funds nearly $500 million in new grant programs
authorized in the George Floyd Justice in Policing Act. These grants
will help improve law enforcement practices and accountability by
funding State-level pattern and practice reviews and independent
reviews of law enforcement, as well as funding better training for
police community, organization efforts, and more.
Finally, we include sensible requirements for COPS and Byrne JAG
grants to implement numerous reform efforts at the local level. These
changes show that the Federal Government is deeply serious about
ensuring police accountability and protecting American civil rights.
The bill does these things without neglecting important priorities
elsewhere. We reject the administration's proposed cuts to climate
change research programs at NASA and NOAA and, instead, provide
responsible funding increases to that.
We promote jobs and better wages by supporting significant
investments at the Economic Development Administration, through the
Manufacturing Extension Partnership program and the Minority Business
Development Agency.
We help policing against gun violence by increasing ATF's budget by
$150 million, by sustaining funding for the NICS program and grants,
and by increasing funding for the STOP School Violence Act.
We promote criminal justice reform with large increases for both the
First Step Act and the Second Chance Act, and we increase funding to
address the ongoing opioid epidemic.
This bill also ensures that our Nation's scientific leadership in the
world can continue by increasing funding by $270 million for the
National Science Foundation, by $35 million for the core NIST
activities, and by over $101 million for NOAA.
We also include significant funding for the educational components of
NASA, National Science Foundation, and NOAA to ensure that we are
training the next generation of scientists in America to continue this
important work.
Mr. Speaker, for all these reasons, and more, I urge the adoption of
this minibus.
Mr. COLE. Mr. Speaker, I would inquire from my friend, is she
prepared to close?
Mrs. LOWEY. Mr. Speaker, yes, I am.
Mr. COLE. Mr. Speaker, I yield myself the balance of my time.
Mr. Speaker, I want to begin where every other speaker has started,
and that is to thank our distinguished chairman for her 30 years of
unparalleled service to the Congress and to the country and, of course,
her many years on Appropriations.
I have had the good fortune since I arrived on that committee to
serve with my friend and watch her steady rise to the chairmanship. And
I think my friend, Mr. Diaz-Balart, summed it up, if you want to be
short: What a class act.
What an extraordinary appropriator. We all, on both sides of the
aisle, respect her professionalism and her deep knowledge of the
appropriations process. But I think even more than that, we just
appreciate her personal qualities as a friend, as a mentor, as a
colleague, and as someone who is an outstanding credit to her district,
to her State, and to the Congress of the United States. Mr. Speaker, we
will all miss her on both sides of the aisle.
Having said that, I am going to be less charitable toward the bill
itself.
As I mentioned several times, I love the Appropriations Committee
because I think it is a naturally collaborative committee, and when it
is left to do its work, it does a really good job.
Last year, we had a negotiated settlement between the President and
the congressional leadership on both sides of the aisle in both
Chambers in the 2019 Budget Act, and that led to a very orderly
appropriations process under the leadership of my friend, the chairman.
We got all those bills done. We didn't have a long-term CR, and we
have not been at risk, in this fiscal year, of a government shutdown.
And that is something you can't always say around here.
My friend had a great deal to do with that, along with our ranking
member, Ms. Granger, that legendary partnership between the two. If you
let them do their work, they will get the job done.
What is in front of us now, though, is not what we saw last year. My
friends, for whatever reason, decided they would ignore the 2019 Budget
Act, which has the force of law, and embark on an unprecedented amount
of emergency spending, almost a quarter of a trillion dollars. And,
again, none of that was agreed to last year.
In addition, last year, the agreement was we would not put extraneous
matters in the bill. We would not put legislative riders, as they are
known. We didn't do it last year, and we moved through. This year,
these bills are absolutely full of them. And the consequence, while
these bills may pass this floor, they are certainly not going to be
taken up as is by the United States Senate, nor would they ever be
signed by the President.
I think we have another model. We have the model of last year. We
also have the model of the first four supplementals this year, Mr.
Speaker. The four supplementals dealing with coronavirus were brought
to the floor after collaborative discussion and negotiation and passed
here with almost universal bipartisan support on each occasion.
For whatever reason, rather than continuing that productive dialogue,
our friend decided they would bring the HEROES Act. That is certainly
their right to do that. But, again, if you are not involving
Republicans in this Chamber in that discussion, then I can assure you
you are not going to be in very good shape when you go to a Chamber
where Republicans are actually the majority. Nor will you get the
support of the President. And we are seeing how that is working out
right now with respect to the next supplemental. The same thing could
happen here.
Mr. Speaker, I don't worry about that in the short term because,
again, there are times in this process where it is partisan, and when
we get to conference, quite often, it becomes bipartisan. But I do
worry these departures are so large that we could find ourselves in
September kicking into a CR and then, frankly, then we could do another
one well into next year. That would be a mistake. That would be a
mistake, in my opinion.
The day-to-day funding of government ought to go on regardless of the
politics of the moment. The emergencies need to be dealt with. And I
think we have shown we can work together on emergency supplementals. We
did them so quickly and so easily in an unprecedented way just in the
spring of this year. So I would think we could return to that.
And if we do return to that, I suspect our friends and I on our side
can come to common ground and we can bring bills to the floor that
command substantial bipartisan majorities, just as my friend, the
chairwoman, did last year when she brought appropriations bill after
bill after bill to the floor, and they were passed with substantial
bipartisan majorities because she engaged, as is always her habit, in
collaborative negotiation with friends on all sides of the Chamber.
So with that, Mr. Speaker, I reluctantly urge the rejection of this
particular minibus of six appropriations bills. I hope that my friends,
as we go forward, will return to their habits in terms of the
appropriations of last year and return to the style of negotiation that
they exhibited all through the spring in dealing with this awful
coronavirus crisis that has caused such turmoil and damage in our
country.
In closing, the last thing I would say is, again, it is a privilege
for me to
[[Page H4122]]
share the floor with my friend, the chairman. Normally, my ranking
member would be here, but Ms. Granger, of course, is in self-quarantine
because of coronavirus; otherwise, I know she would prefer to be here.
But her misfortune at least gave me the opportunity to share the floor
with my very good friend, our distinguished chairman.
Mr. Speaker, I urge the rejection of the legislation, and I yield
back the balance of my time.
Mrs. LOWEY. Mr. Speaker, I yield myself the balance of my time.
Mr. Speaker, I do want to say to my dear friend, Mr. Cole, that I
will truly miss you. We have worked together on so many issues, and not
only are you thoughtful, intelligent, and enthusiastic, but you are a
real partner.
And I am not sure what the future brings for any of us, but let's
hope that this coronavirus disappears somehow soon. I hope my friend,
Ms. Granger, does not, frankly, suffer from it, and I am glad that she
is going through a period of isolation. Let's hope there is some good
news. But, for me, it has really been a pleasure not only to work with
you, but to be your friend.
Mr. Speaker, I thank the gentleman for his very, very kind remarks.
Mr. Speaker, I am very proud of the work we have completed under
incredibly difficult circumstances, and I would like to thank our
wonderful subcommittee chairs, particularly Pete Visclosky and Jose
Serrano, who are also retiring. I thank them both for their outstanding
service.
This is an excellent package of appropriation bills that lives up to
the principle that has guided our work together: Do the best we can to
make life better for the most people we can.
Mr. Speaker, I urge support for the bill, and I yield back the
balance of my time.
Mr. VISCLOSKY. Mr. Speaker, before I begin with my remarks on the
fiscal year (FY) 2021 bill, I would like to briefly discuss some
concerns I have as a longtime member of the House Appropriations
Committee.
The Committee has a unique responsibility. It is charged with funding
and oversight of the entire government, and ensuring that it is as
effective and as efficient as possible. However, in some ways, the
Committee is at its nadir in terms of its ability to achieve bipartisan
solutions. In part, this is due to the Budget Control Act of 2011,
which is an ill-fated attempt to balance the federal budget by cutting
only discretionary spending.
Currently, mandatory spending and interest on the debt represent 70
percent of the money spent each year by the federal government.
Discretionary spending, which is an investment in the future, makes up
just 30 percent of federal spending. When less than 30 percent of young
Americans are qualified to join the military, it is clear we need to
invest more in our nation's health, education, infrastructure, and
jobs. Unfortunately, from my perspective, recent Congresses have
mistakenly relied on mandatory spending to avoid making difficult
decisions on discretionary spending on an annual basis. A case in
point, last week the House passed a bill that will provide much needed
funding to address the maintenance backlog in our public lands. But the
bill utilizes mandatory funding mechanisms that further decrease the
ability of Congress and the Appropriations Committee to exercise annual
discretion and oversight.
I implore my colleagues who serve in the next Congress to avoid
repeating the mistakes of the recent past. The lasting solution to our
nation's fiscal problems will only be realized by confronting the
continued growth in mandatory spending while simultaneously increasing
revenues. In the year 2000, the last year the federal government had a
surplus, revenues, as a percentage of GDP, were 20 percent. In fiscal
year 2019, revenues were 16.3 percent. We need revenue to invest in the
future of our country, and every appropriated dollar is an investment.
Moving onto the FY 2021 bill, I first want to thank my Ranking Member
and friend, Mr. Calvert, for his continued commitment to being
collegial, transparent, and bipartisan. I cannot overstate the value of
his friendship and the partnership we have enjoyed over the years.
I also want to express my sincere gratitude to Chairwoman Lowey and
Ranking Member Granger. We would not be here without their leadership
and dedication.
Further, I would like to acknowledge that Chairwoman Lowey will be
joining me in departing the House at the end of this year. I commend
her for a dedicated life of service and commitment to leaving this
world a little bit better than the way she found it. I thank her very
much. It is a joy to work with her.
I want to thank the Subcommittee staff, particularly, our clerks,
Becky Leggieri and Johnnie Kaberle, as well as Walter Hearne, Brooke
Barnard, Ariana Sarar, Jackie Ripke, David Bortnick, Matt Bower, Bill
Adkins, Jennifer Chartrand, Hayden Milberg, Paul Kilbride, Shannon
Richter, Sherry Young, Kyle McFarland, Kiya Batmanglidj, Jamie
McCormick, Brian Potts, and Nick Vance, my personal office staff, Joe
DeVooght and Stephen Cash, and those in Ranking Member Calvert's
personal office, Rebecca Keightley and William Hendrickson. Having to
assemble the bulk of the bill and report remotely increased the degree
of difficulty substantially, as it has for all of the subcommittees. I
commend them for their professionalism and acumen.
The bill would provide $694.6 billion for the Department of Defense
budget, which is $1.3 billion above the fiscal year 2020 enacted level
and $3.7 billion below the request. The base funding recommendation is
$626.2 billion, which is $3.5 billion above the fiscal year 2020
enacted level and $3.5 billion below the request. The overseas
contingency operations recommendation is $68.4 billion, which is $2.2
billion below the fiscal year 2020 enacted level and $215 million below
the request.
This legislation recognizes the complex challenges the members of our
Armed Forces and intelligence community face every day throughout the
world, and it aims to ensure that they are able to continue to meet
these challenges and complete their missions to the best of their
abilities. To support this forward-looking posture, the bill makes
major investments in operations and maintenance, procurement, and
research and development.
I also think it is important to highlight some investments the
Committee has made with regards to the current COVID-19 pandemic. This
legislation would provide:
$758 million in procurement for COVID-19 recovery for second, third
and fourth tier suppliers. This has been of particular interest to Mr.
Calvert, and I appreciate his advocacy of this issue;
$450 million in operation and maintenance for COVID-19 recovery and
resupply; and
$150 million in the Defense Health Program for COVID-19 response.
In addition to the funding enumerated above, the legislation places
several reporting requirements on the Department specific to COVID-19.
The budgetary impacts of the pandemic on the Department are still
largely undetermined. Some programs will cost more. However, there will
be savings obtained through delayed or cancelled events and activities.
It is imperative that the Committee and Congress have as much detail as
possible to properly delegate funding and to conduct oversight.
And most importantly, the bill continues to focus on the well-being
and morale of those in uniform and their families, as well as DoD
civilians and their communities.
The bill provides an additional $116 million for upgrades to
childcare facilities and the report contains language directing the
military services to present innovative ideas to address the serious
backlog for childcare.
The bill provides $1.49 billion for environmental restoration
activities, which is $415 million above the request. This increased
funding will help DoD address the significant and salient public health
risks associated with PFOS/PFOA.
The bill and report take steps to stop the Department from closing
military treatment facilities and from reducing military healthcare
billets, which would have cost $334.6 million this fiscal year. These
plans were poorly justified to the Committee prior to the pandemic, and
even harder to defend under current conditions.
The bill provides $327 million to address the ongoing epidemic of
sexual assault in the military and at the service academies, which is
$49 million more than requested. And I must express my personal upset
over this issue. The most recent report on the sexual assault rate for
women has jumped a shocking 50 percent from 2016 to 2018. Despite dire
warnings, the Department's budget for sexual assault prevention and
response remains stagnant. And I would also say it is not just a
question of money. Year after year after year, we have testimony from
officials who contend that they are really committed to solving this
problem. And yet we are going backwards. The Department must do a much
better job.
These efforts and several others within the bill will have an
immediate positive impact on people's quality of life.
Another area of concern for me is the Department's lack of compliance
with many Congressionally directed reporting requirements. For example,
last year the Committee directed the Department to submit a report on
its contracts for advertising services with socially and economically
disadvantaged small businesses. The report was supposed to accompany
the Department's FY 2021 budget submission in February, but it was
transmitted to the Committee on July 14, five months late and the same
day we marked up the bill. Regrettably, reporting deadlines are often
missed, making it much more difficult for the Committee to make timely
decisions.
[[Page H4123]]
The bill, again, contains several provisions to rein in the
Department's habitual redirection of funding and contravention of
congressional intent. These actions have irreparably damaged the
Department's credibility with the Committee. One DoD official, in a
meeting, referred to these transfers of billions of dollars as
anomalies. I refer to them as habitual abuses by the Department.
In recent years, the Department leadership has not missed an
opportunity to claim that a 3 percent to 5 percent annual growth rate
in the defense budget is necessary to support the National Defense
Strategy. But at the same time, those same leaders facilitated the
transfer of nearly $10 billion to non-defense activities not enumerated
in their own National Defense Strategy. And while this was happening,
they also have the temerity to repeatedly request more flexibility from
Congress for executing their budget and for reprogramming authorities.
The sense of entitlement in these actions is galling, and I hope that
at some point the Department will have the leadership in place to
recognize Congress's constitutional prerogative and restore trust to
the appropriations process.
In closing, I would again thank my chair, ranking member, and all of
the members, who have logged so many hours in making this bill
possible. I look forward to debate on the amendments.
Ms. GRANGER. Mr. Speaker, as the Republican leader of the
Appropriations Committee, I oppose H.R. 7617, the second package of
fiscal year 2021 appropriations bills to be considered by the House.
My concerns today will sound very familiar. I had many of the same
objections when I spoke on the House floor last week about the first
package of appropriations bills.
I regret that I again oppose a very important piece of legislation.
This bill supports:
The servicemembers who risk it all for our freedoms;
The law enforcement officers that keep us safe;
The small business owners who want to achieve the American dream;
The researchers seeking groundbreaking cures for diseases;
The ports and waterways that are so critical for commerce; and
Our transit systems that millions of Americans rely on every day.
Unfortunately, like the bill we considered last week, H.R. 7617 has
some fatal flaws that make it unacceptable.
First, many of the policy provisions are similar to the partisan
legislation the majority has pushed through the house the last few
months; and second, the spending levels exceed the amounts the Congress
and the President agreed to just last year.
Instead of policy and funding proposals being developed from the
bottom up within the Appropriations Committee, many of these decisions
appear to have been dictated from the top down.
This is disappointing because the committee has held more than 100
hearings and briefings in the last six months--even in the middle of a
global pandemic.
For example, the bill jeopardizes our safety and security by:
Repealing both the 2001 and 2002 authorizations for the use of
military force, which would limit our ability to conduct
counterterrorism operations worldwide;
Allowing terrorists detained at Guantanamo Bay to be brought to U.S.
soil; and
Preventing the United States from exercising the right to defend
ourselves and our allies, such as Israel.
Our path toward renewed American prominence in space is undermined,
giving China the opportunity to dominate the next frontier.
The bill gives in to the voices calling for de-funding the police by
failing to provide adequate funding for our federal law enforcement
agencies.
In addition, state and local law enforcement agencies are prohibited
from receiving excess equipment from the Department of Defense.
Officers should have what they need to protect and serve our
communities. Provisions in this bill will halt critical funds used for
training and equipment, including active shooter training, body
cameras, and bullet-proof vests.
The bill also:
Blocks the administration's rule protecting health care providers
from performing actions that violate their religious beliefs;
Forces faith-based providers to discuss abortion, even if they have a
personal objection; and
Perhaps worst of all, makes changes to family planning grants which
will require funds to go to Planned Parenthood clinics.
I am also disappointed to see that several long-standing, bipartisan
second amendment protections were eliminated.
The bill also contains billions of dollars in emergency spending on
top of the caps that were agreed to last year.
$186 billion is included in this bill for infrastructure without any
bipartisan discussions or agreement.
Another $24 billion is included to address coronavirus, even though a
three trillion-dollar bill passed the House in May and the Senate is
moving quickly on its response.
We must work together on appropriations bills that avoid
controversial legislative language and meet agreed-upon spending
levels.
This is the only way to get bills through the House and the Senate
and signed into law.
For these reasons, I oppose this package.
Mr. RUPPERSBERGER. Mr. Speaker, I rise today to note provisions in
H.R. 7617 which provide $5 million for the Maglev Deployment Program,
also known as MDP, and an additional $100 million in Title V of the
bill.
The MDP was created in 1998 as a competitive program to encourage the
development and construction of an operating maglev transportation
system capable of safe use by the public at speeds in excess of 240
miles per hour. The program was not intended for the United States to
deploy a new transportation system somewhere in America and not for
research. America has fallen behind as countries like China and Japan
have deployed magnetic levitation transportation systems.
Congress directed the Federal Railroad Administration (FRA) to
establish project selection criteria, to solicit applications for
funding, to select one or more projects to receive financial assistance
for preconstruction planning activities, and after completion of such
activities, to select one of the projects to receive financial
assistance for final design, engineering and construction. Funds were
only available to States or an Authority designated by one or more
States and included required State matching funds.
The FRA received eleven applications for MDP funding and selected
seven projects for Initial Feasibility Studies. The FRA then completed
a Programmatic Environmental Impact Statement and Record of Decision
for the MDP.
As a result of the prior rounds, the FRA further selected two
projects to continue: Baltimore-Washington and Pittsburgh. Other
projects in the Program, such as Atlanta-Chattanooga, could continue
but without federal support.
In 2008, Congress passed SAFETEA-LU providing an additional $90
million in Highway Trust Fund contract authority for the MDP. In
clarifying eligible projects for the MDP Congress explained that for
projects east of the Mississippi River ``the intent is to limit the
eligible projects to three existing projects east of the Mississippi
River: Pittsburgh, Baltimore-Washington and Atlanta-Chattanooga.''
Subsequently, the Pittsburgh project was discontinued, leaving the
Atlanta-Chattanooga and the Baltimore-Washington projects as the two
remaining in the competition. In 2019, the Georgia DOT determined to
not pursue Atlanta-Chattanooga any further.
As a result, after 20 years of work, more than $100 million of
private sector investment, millions of dollars in state and federal
investment, the most advanced and sophisticated of the projects has
emerged as the winner. All of the participants have expended time and
funds in reliance on the fact that the longstanding competitive process
would ultimately end in the selection and, hopefully, construction sofa
single project.
It is critical that the federal commitment continue. I applaud the
Committee and Congress for its continued federal commitment to the MDP.
After so many years of monetary and time investment, by many
participants, the good faith effort by the State of Maryland and the
Maryland private sector should result in the purpose the competitive
program was designed to achieve. Congressional intent has never
changed. Indeed, the Baltimore-Washington Project has attracted
potentially billions of dollars in nonfederal investment.
I rise to make it abundantly clear, as Congress did in 2008, that
funds in the MDP are available only to current participants in the
program, and it is not the intent of this Congress to restart a 20 year
competition to new entrants, after so much work, reliance on the
process and expenditure. It is clear to this Member that FRA discretion
to award funds is limited to those existing projects in the Maglev
Deployment Program.
Mr. GARAMENDI. Mr. Speaker, I rise today in support of the need for a
backup system to GPS, which is critical to our economy, our national
security and is integrated into nearly every aspect of all Americans
lives. We greatly appreciate the foresight of the Appropriations
Committee for providing $5,000,000 in funding to begin the
implementation of the National Timing Resilience and Security Act under
the Office of the Assistant Secretary for Research and Technology at
the Department of Transportation.
The need for a backup system to GPS has been recognized by this
government for over 15 years and a terrestrial based system has been
recommended nearly 18 times by different US government agencies and
bodies in the last decade alone. Because of this is, in
[[Page H4124]]
2018 Congress acted in a fully bipartisan manner to finally protect GPS
by passing the National Timing Resilience and Security Act of 2018.
Unanimously approved in the House, and by 96 to 4 in the Senate, it was
signed into law on December 4, 2018. This law calls for, at a minimum,
the deployment of a terrestrial based backup system for GPS with the
Department of Transportation as the lead for execution. This Jaw
ensures the implementation of a nationwide, fully complementary, and
resilient backup timing system within two years, and thereafter with
the expansion to position and navigation.
As strong of an advocate for GPS as I know we all are, we must now
also be stronger advocates for protecting it. And that comes through
this funding for the deployment of the National Timing Resilience and
Security Act under the Office of the Assistant Secretary for Research
and Technology at the Department of Transportation.
{time} 1200
The SPEAKER pro tempore. All time for debate has expired.
Each further amendment printed in part B of House Report 116-461 not
earlier considered as part of amendments en bloc pursuant to section 3
of House Resolution 1067 shall be considered only in the order printed
in the report, may be offered only by a Member designated in the
report, shall be considered as read, shall be debatable for the time
specified in the report equally divided and controlled by the proponent
and an opponent, may be withdrawn by the proponent at any time before
the question is put thereon, shall not be subject to amendment, and
shall not be subject to a demand for division of the question.
It shall be in order at any time after debate for the chair of the
Committee on Appropriations or her designee to offer amendments en bloc
consisting of further amendments printed in part B of House Report 116-
461, not earlier disposed of. Amendments en bloc shall be considered as
read, shall be debatable for 30 minutes equally divided and controlled
by the chair and ranking minority member of the Committee on
Appropriations or their respective designees, shall not be subject to
amendment, and shall not be subject to a demand for division of the
question.
Amendments En Bloc No. 1 Offered by Mrs. Lowey of New York
Mrs. LOWEY. Pursuant to House Resolution 1067, I offer amendments en
bloc.
The SPEAKER pro tempore. The Clerk will designate the amendments en
bloc.
Amendments en bloc No. 1 consisting of amendment Nos. 1, 4, 6, 7, 9,
13, 18, 36, 37, 38, 44, 48, 53, 57, 60, 61, 62, 66, 75, 84, 93, 94, 95,
100, 103, 106, 109, 115, 117, 124, 125, 126, 127, 136, 139, 141, and
146, printed in part B of House Report 116-461, offered by Mrs. Lowey
of New York:
amendment no. 1 offered by mr. allred of texas
Page 12, line 10, after the dollar amount, insert the
following: ``(reduced by $7,700,000)''.
Page 35, line 23, after the dollar amount, insert the
following: ``(increased by $7,700,000)''.
amendment no. 4 offered by ms. blunt rochester of delaware
Page 12, line 4, after the dollar amount, insert ``(reduced
by $5,000,000)''.
Page 36, line 8, after the dollar amount, insert
``(increased by $5,000,000)''.
amendment no. 6 offered by mr. brown of maryland
Page 35, line 16, after the dollar amount, insert
``(reduced by $5,000,000)''.
Page 37, line 1, after the dollar amount, insert
``(increased by $5,000,000)''.
amendment no. 7 offered by mr. brown of maryland
Page 35, line 16, after the dollar amount, insert
``(reduced by $5,000,000)''.
Page 37, line 1, after the dollar amount, insert
``(increased by $5,000,000)''.
amendment no. 9 offered by mr. carbajal of california
Page 12, line 10, after the dollar amount, insert
``(reduced by $4,000,000)''.
Page 35, line 16, after the dollar amount, insert
``(increased by $4,000,000)''.
amendment no. 13 offered by mr. cooper of tennessee
Page 12, line 10, after the dollar amount, insert
``(reduced by $3,000,000) (increased by $3,000,000)''.
amendment no. 18 offered by ms. escobar of texas
At the end of division A (before the short title) insert
the following:
Sec. __. None of the funds appropriated or otherwise made
available by this Act may be used in contravention of the
First Amendment of the Constitution.
amendment no. 36 offered by mr. malinowski of new jersey
At the end of division A (before the short title) insert
the following:
Sec. __. None of the funds appropriated or otherwise made
available by this Act under the heading ``Operation and
Maintenance, Defense-Wide'' may be used to require, support,
or pay private sector (as defined in Department of Defense
Instruction 8000.01) manufacturers (as used in Department of
Defense Instruction 8500.2) of software and hardware (as
defined in Department of Defense Instruction 8510.01,
effective May 24, 2016) for consumers (as defined in section
106(1) of the Electronic Signatures in Global and National
Commerce Act (15 U.S.C. 7006(1))) to--
(1) intentionally add security vulnerabilities, as such
term is defined in section 102(17) of the Cybersecurity
Information Sharing Act of 2015 (6 U.S.C. 1501(17)) to their
items or services;
(2) remove any security function, mechanism, service, or
solution, as such term is used in Department of Defense
Directive 8500.01E (effective April 23, 2007) from their
items or services; or
(3) remove encryption end-to-end, as such term is used in
Department of Defense Instruction 8420.01 from their items or
services.
amendment no. 37 offered by ms. matsui of california
Page 37, line 24, after the dollar amount, insert
``(reduced by $4,500,000)''.
Page 38, line 6, after the dollar amount, insert
``(increased by $4,500,000)''.
Page 38, line 17, after the dollar amount, insert
``(increased by $4,500,000)''.
amendment no. 38 offered by mrs. mcbath of georgia
Page 36, line 8, after the dollar amount, insert ``(reduced
by $250,000) (increased by $250,000)''.
amendment no. 44 offered by mr. moulton of massachusetts
Page 13, line 18, after the first dollar amount insert the
following: ``(reduced by $5,000,000) (increased by
$5,000,000)''.
amendment no. 48 offered by ms. norton of district of columbia
Page 36, line 8, after the dollar amount, insert ``(reduced
by $2,500,000) (increased by $2,500,000)''.
amendment no. 53 offered by mr. peters of california
Page 12, line 10, after the dollar amount, insert
``(reduced by $2,500,000)''.
Page 35, line 23, after the dollar amount, insert
``(increased by $2,500,000)''
amendment no. 57 offered by ms. scanlon of pennsylvania
Page 36, line 8, after the first dollar amount, insert
``(reduced by $5,000,000) (increased by $5,000,000)''.
amendment no. 60 offered by ms. sherrill of new jersey
Page 37, line 1, after the dollar amount, insert ``(reduced
by $5,000,000) (increased by $5,000,000)''.
amendment no. 61 offered by ms. sherrill of new jersey
Page 12, line 10, after the dollar amount insert the
following: ``(reduced by $5,000,000)''.
Page 35, line 16, after the dollar amount insert the
following: ``(increased by $5,000,000)''.
amendment no. 62 offered by ms. sherrill of new jersey
Page 12, line 10, after the dollar amount insert the
following: ``(reduced by $5,000,000)''.
Page 37, line 1, after the dollar amount insert the
following: ``(increased by $5,000,000)''.
amendment no. 66 offered by ms. speier of california
At the end of division A (before the short title), insert
the following:
Sec. __. None of the funds made available by this Act may
be used to implement Directive-type Memorandum (DTM)-19-004,
titled ``Military Service by Transgender Persons and Persons
with Gender Dysphoria'', and dated March 12, 2019 (effective
date April 12, 2019).
amendment no. 75 offered by ms. torres small of new mexico
Page 37, line 1, after the dollar amount, insert
``(increased by $5,000,000) (reduced by $5,000,000)''.
amendment no. 84 offered by ms. adams of north carolina
At the end of division B (before the short title), insert
the following:
Sec. ___. None of the funds made available by this Act may
be used for the acquisition of chemical weapons (as such term
is defined under section 229F of title 18, United States
Code) for purposes of domestic riot control.
amendment no. 93 offered by mr. cohen of tennessee
At the end of division B (before the short title), insert
the following:
Sec. __. (a) None of the funds appropriated or otherwise
made available by this Act may be made available to enter
into any new contract, grant, or cooperative agreement with
any entity listed in subsection (b).
(b) The entities listed in this subsection are the
following:
[[Page H4125]]
----------------------------------------------------------------------------------------------------------------
Trump International Hotel & Tower Trump International Hotel & Golf Trump International Hotel Las Vegas,
Chicago, Chicago, IL Links Ireland (formerly The Lodge Las Vegas, NV
at Doonbeg), Doonbeg, Ireland
Trump National Doral Miami, Miami, Trump International Hotel & Tower Trump SoHo New York, New York City,
FL New York, New York City, NY NY
Trump International Hotel & Tower, Trump International Hotel Waikiki, Trump International Hotel
Vancouver, Vancouver, Canada Honolulu, HI Washington, DC
Trump Tower, 721 Fifth Avenue, New Trump World Tower, 845 United Trump Park Avenue, 502 Park Avenue,
York City, New York Nations Plaza, New York City, New New York City, New York
York
Trump International Hotel & Tower, Trump Parc East, 100 Central Park Trump Palace, 200 East 69th Street,
NY South, New York City, New York New York City, New York
Heritage, Trump Place, 240 Riverside Trump Place, 220 Riverside Blvd, New Trump Place, 200 Riverside Blvd, New
Blvd, New York City, New York York City, New York York City, New York
Trump Grande, Sunny Isles, FL Trump Hollywood Florida, Hollywood, Trump Plaza, New Rochelle, NY
Florida
Trump Tower at City Center, Trump Park Residences, Yorktown, NY Trump Parc Stamford, Stamford,
Westchester, NY Connecticut
Trump Plaza Residences, Jersey City, The Estate at Trump National, Los Trump Towers Pune, India, Pune,
NJ Angeles, CA India
Trump Tower Mumbai, India, Mumbai, Trump Towers Makati, Philippines, Trump International Vancouver,
India Makati, Philippines Vancouver, Canada
Trump Towers Istanbul, Sisli, Trump Tower Punta Del Este, Uruguay, Briar Hall Operations LLC, New York,
Istanbul, Sisli Punta Sel Este, Uruguay New York
DT Dubai Golf Manager LLC, New York, DT Dubai Golf Manager Member Corp, DT Dubai II Golf Manager LLC, New
New York New York, New York York, New York
DT Home Marks International LLC, New DT Home Marks International Member DT India Venture LLC, New York, New
York, New York Corp, New York, New York York
DT India Venture Managing Member DT Marks Baku LLC, New York, New DT Marks Baku Managing Member Corp,
Corp, New York, New York York New York, New York
DT Marks Dubai LLC, New York, New DT Marks Dubai Member Corp, New DT Marks Dubai II LLC, New York, New
York York, New York York
DT Marks Dubai II Member Corp, New DT Marks Gurgaon LLC, New York, New DT Marks Gurgaon Managing Member
York, New York York Corp, New York, New York
DT Marks Jersey City LLC, New York, DT Marks Jupiter LLC, New York, New DT Mark Qatar LLC, New York, New
New York York York
DT Marks Qatar Member Corp, New DT Marks Products International LLC, DT Marks Product International
York, New York New York, New York Member Corp, New York, New York
DT Marks Pune LLC, New York, New DT Marks Pune Managing Member Corp, DT MARKS PUNE II LLC, New York, New
York New York, New York York
DT Marks Pune II Managing Member DT Marks Rio LLC, New York, New York DT Marks Rio Member Corp, New York,
Corp, New York, New York New York
DT Marks Vancouver LP, New York, New DT Marks Vancouver Managing Member DT Marks Worli LLC, New York, New
York Corp, New York, New York York
DT Marks Worli Member Corp, New DT Tower Gurgaon LLC, New York, New DT Tower Gurgaon Managing Member
York, New York York Corp, New York, New York
Indian Hills Holdings LLC f/k/a Jupiter Golf Club LLC (Trump Jupiter Golf Club Managing Member
Indian Hills Development LLC, New National Gold Club-Jupiter), New Corp, New York, New York
York, New York York, New York
Lamington Family Holdings LLC, New Lawrence Towers Apartments, New LFB Acquisition LLC, New York, New
York, New York York, New York York
LFB Acquisition Member Corp, New MAR-A-LAGO CLUB, L.L.C., Palm Beach, Mar A Lago Club, L.L.C, New York,
York, New York Florida New York
Nitto World Co, Limited, Turnberry, OPO Hotel Manager LLC, New York, New OPO Hotel Manager Member Corp, New
Scotland York York, New York
OWO Developer LLC, New York, New TIGL Ireland Enterprises Limited TIGL Ireland Management Limited,
York (Trump International Golf Links- Doonbeg, Ireland
Doonbeg), Doonbeg, Ireland
Ace Entertainment Holdings Inc (f/k/ Trump Chicago Commercial Member Trump Chicago Commercial Manager
a Trump Casinos Inc and formerly Corp, New York, New York LLC, New York, New York
Trump Taj Mahal, Inc), Atlantic
City, NJ
Trump Chicago Development LLC, New Trump Chicago Hotel Member Corp, New Trump Chicago Hotel Manager LLC, New
York, New York York, New York York, New York
Trump Chicago Managing Member LLC, Trump Chicago Member LLC, New York, Trump Chicago Residential Member
New York, New York New York Corp, New York, New York
Trump Chicago Residential Manager Trump Chicago Retail LLC, New York, Trump Chicago Retail Manager LLC,
LLC, New York, New York New York New York, New York
Trump Chicago Retail Member Corp, Trump Drinks Israel Holdings LLC, Trump Drinks Israel Holdings Member
New York, New York New York, New York Corp, New York, New York
Trump Drinks Israel LLC, New York, Trump Drinks Israel Member Corp, New Trump Endeavor 12 LLC (Trump
New York York, New York National Doral), New York, New York
Trump Endeavor 12 Manager Corp, New Trump Golf Acquisitions LLC, New Trump Golf Coco Beach LLC, New York,
York, New York York, New York New York
Trump Golf Coco Beach Member Corp, Trump International Development LLC, Trump International Golf Club LC
New York, New York New York, New York (Trump International Golf Club-
Florida), New York, New York
Trump International Golf Club Trump International Golf Club, Inc, Trump International Hotel and Tower
Scotland Limited, Aberdeen, Palm Beach, Florida Condominium, New York, New York
Scotland
Trump International Hotel Hawaii Trump International Hotels Trump International Management Corp,
LLC, New York, New York Management LLC, New York, New York New York, New York
Trump Korean Projects LLC, New York, Trump Marks Atlanta LLC, New York, Trump Marks Atlanta Member Corp, New
New York New York York, New York
Trump Marks Baja Corp, New York, New Trump Marks Baja LLC, New York, New Trump Marks Batumi, LLC, New York,
York York New York
Trump Marks Beverages Corp, New Trump Marks Beverages, LLC New York, Trump Marks Canouan Corp, New York,
York, New York New York New York
Trump Marks Canouan, LLC New York, Trump Marks Chicago LLC, New York, Trump Marks Chicago Member Corp, New
New York New York York, New York
Trump Marks Dubai Corp, New York, Trump Marks Dubai LLC, New York, New Trump Marks Egypt Corp, New York,
New York York New York
Trump Marks Egypt LLC, New York, New Trump Marks Fine Foods LLC, New Trump Marks Fine Foods Member Corp,
York York, New York New York, New York
Trump Marks Ft. Lauderdale LLC, New Trump Marks Ft. Lauderdale Member Trump Marks GP Corp, New York, New
York, New York Corp, New York, New York York
Trump Marks Holdings LP (FKA Trump Trump Marks Hollywood Corp, New Trump Marks Hollywood LLC, New York,
Marks LP), New York, New York York, New York New York
Trump Marks Istanbul II Corp, New Trump Marks Istanbul II LLC, New Trump Marks Jersey City Corp, New
York, New York York, New York York, New York
Trump Marks Jersey City LLC, New Trump Marks Mattress LLC, New York, Trump Marks Mattress Member Corp,
York, New York New York New York, New York
Trump Marks Menswear LLC, New York, Trump Marks Menswear Member Corp, Trump Marks Mortgage Corp, New York,
New York New York, New York New York
Trump Marks Mtg LLC, New York, New Trump Marks Mumbai LLC, New York, Trump Marks Mumbai Member Corp, New
York New York York, New York
Trump Marks New Rochelle Corp, New Trump Marks New Rochelle LLC, New Trump Marks Palm Beach Corp, New
York, New York York, New York York, New York
Trump Marks Palm Beach LLC, New Trump Marks Panama Corp, New York, Trump Marks Panama LLC, New York,
York, New York New York New York
Trump Marks Philadelphia Corp, New Trump Marks Philadelphia LLC, New Trump Marks Philippines Corp, New
York, New York York, New York York, New York
Trump Marks Philippines LLC, New Trump Marks Products LLC, New York, The Trump Organization, Inc, New
York, New York New York York, New York
Trump Marks Products Member Corp, Trump Marks Puerto Rico I LLC, New Trump Marks Puerto Rico I Member
New York, New York York, New York Corp, New York, New York
Trump Marks Puerto Rico II LLC, New Trump Marks Puerto Rico II Member Trump Marks Punta del Este LLC, New
York, New York Corp, New York, New York York, New York
[[Page H4126]]
Trump Marks Punta del Este Manager The Donald J. Trump Company LLC, New The Trump Marks Real Estate Corp,
Corp, New York, New York York, New York New York, New York
Trump Marks SOHO License Corp, New Trump Marks SOHO LLC, New York, New Trump Marks Stamford LLC, New York,
York, New York York New York
Trump Marks Stamford Corp, New York, Trump Marks Sunny Isles I LLC, New Trump Marks Sunny Isles I Member
New York York, New York Corp, New York, New York
Trump Marks Sunny Isles II LLC, New Trump Marks Sunny Isles II Member Trump Marks Tampa Corp, New York,
York, New York Corp, New York, New York New York
Trump Marks Tampa LLC, New York, New Trump Marks Toronto Corp, New York, Trump Marks Toronto LLC, New York,
York New York New York
Trump Marks Toronto LP (formally Trump Marks Waikiki Corp, New York, Trump Marks Waikiki LLC, New York,
Trump Toronto Management LP), New New York New York
York, New York
Trump Marks Westchester Corp, New Trump Marks Westchester LLC, New Trump Marks White Plains LLC, New
York, New York York, New York York, New York
Trump Miami Resort Management LLC, Trump Miami Resort Management Member Trump National Golf Club Colts Neck
New York, New York Corp, New York, New York LLC, New York, New York
Trump National Golf Club Colts Neck Trump National Golf Club LLC (Trump Trump National Golf Club Member
Member Corp, New York, New York National Golf Club- Westchester), Corp, New York, New York
New York, New York
Trump National Golf Club Washington Trump National Golf Club Washington Trump Old Post Office LLC, New York,
DC LCC, New York, New York DC Member Corp, New York, New York New York
Trump Old Post Office Member Corp, Trump On the Ocean LLC, New York, Trump Organization LLC, New York,
New York, New York New York New York
The Trump Organization, New York, Trump Pageants, Inc, New York, New Trump Palace Condominium, New York,
New York York New York
Trump Palace/Parc LLC, New York, New Trump Panama Condominium Management Trump Panama Condominium Member
York LLC, New York, New York Corp, New York, New York
Trump Panama Hotel Management LLC, Trump Panama Hotel Management Member Trump Parc East Condominium, New
New York, New York Corp, New York, New York York, New York
Trump Park Avenue Acquisition LLC, Trump Park Avenue LLC, New York, New Trump Payroll Chicago LLC, New York,
New York, New York York New York
Trump Payroll Corp, New York, New Trump Phoenix Development LLC, New Trump Plaza LLC, New York, New York
York York, New York
Trump Plaza Member Inc (F/K/A Trump Trump Productions LLC (former Rancho Trump Production Managing Member
Plaza Corp), New York, New York Lien LLC), New York, New York Inc, New York, New York
Trump Project Manager Corp, New Trump Restaurants LLC, New York, New Trump Riverside Management LLC, New
York, New York York York, New York
Trump Ruffin Commercial LLC, New Trump Ruffin LLC, Las Vegas, NV Trump Ruffin Tower I LLC, Las Vegas,
York, New York NV
Trump Sales & Leasing Chicago LLC, Trump Sales & Leasing Chicago Member Trump Scotland Member Inc, Aberdeen,
Chicago, IL Corp, Chicago, IL Scotland
Trump Scotsborough Square LLC, Trump SoHo Hotel Condominium New Trump SoHo Member LLC, New York, New
Scotsborough Square, VA York, New York, New York York
Trump Toronto Development Inc, New Trump Toronto Member Corp (formally Trump Tower Commercial LLC, New
York, New York Trump Toronto Management Member York, New York
Corp), New York, New York
Trump Tower Managing Member Inc, New Trump Village Construction Corp, New Trump Vineyard Estates LLC, New
York, New York York, New York York, New York
Trump Vineyard Estates Manager Corp, Trump Vineyard Estates Lot 3 Owner Trump Virginia Acquisitions LLC (fka
New York, New York LLC (F/K/A Eric Trump Land Holdings Virginia Acquisitions LLC), New
LLC), New York, New York York, New York
Trump Virginia Acquisitions Manager Trump Virginia Lot 5 LLC, New York, Trump Virginia Lot 5 Manager Corp,
Corp, New York, New York New York New York, New York
Trump Wine Marks LLC, New York, New Trump Wine Marks Member Corp, New Trump World Productions LLC, New
York York, New York York, New York
Trump World Productions Manager Trump World Publications LLC, New Trump/New World Property Management
Corp, New York, New York York, New York LLC, New York, New York
Trump's Castle Management Corp, Trump Marks White Plains Corp, New Turnberry Scotland Managing Member
Atlantic City, NJ York, New York Corp, Turnberry, Scotland
Turnberry Scotland LLC, Turnberry, TW Venture I LLC, Palm Beach, TW Venture II LLC, Doonbeg, Ireland
Scotland Florida
TW Venture I Managing Member Corp, TW Venture II Managing Member Corp, Ultimate Air Corp, New York, New
Palm Beach, Florida Doonbeg, Ireland York
Unit 2502 Enterprises Corp, Chicago, Unit 2502 Enterprises LLC, Chicago, VHPS LLC, Los Angeles, CA
IL IL
West Palm Operations LLC, WPB, Wexford Hall Inc., New York, New White Course LLC, Miami, FL
Florida York
White Course Managing Member Corp, Wilshire Hall LLC, New York, New Wollman Rink Operations LLC, New
Miami FL York York, New York
Yorktown Real Estate LLC (F/K/A/ The Fred C. Trump December 16, 1976 The Fred C. Trump December 16, 1976
Yorktown Development Associates Trust- F/B/O Donald J. Trump, New Trust- F/B/O Robert S. Trump, New
LLC), New York, New York York, New York York, New York
The Fred C. Trump December 16, 1976 Fred C. Trump GRAT Trust- F/B/O Trust U/W/O Fred C. Trump- F/B/O
Trust- F/B/O Elizabeth J. Trump, Elizabeth Trump Grau, New York, New Elizabeth Trump Grau, New York, New
New York, New York York York
Maryanne Trump GRAT Trust- F/B/O Trust U/W/O Fred C. Trump- F/B/O the The Donald J. Trump grantor Trust -
Elizabeth Trump Grau, New York, New grandchildren of Fred C. Trump, New DJT is the Trustee Successor -
York York, New York Trustee is Donald J. Trump, Jr.,
New York, New York
The Donald J. Trump Revocable Trust, The Police Athletic League, Inc, New DT Bali Golf Manager LLC, New York,
New York, New York York, New York New York
DT Bali Golf Manager Member Corp, DT Bali Hotel Manager LLC, New York, DT Bali Hotel Manager Member Corp,
New York, New York New York New York, New York
DT Bali Technical Services Manager DT Bali Technical Services Manager DT Connect Europe Limited,
LLC, New York, New York Member Corp, New York, New York Turnberry, Scotland
DT Endeavor I LLC, New York, New DT Endeavor I Member Corp, New York, DT Lido Golf Manager LLC, New York,
York New York New York
DT Lido Golf Manager Member Corp, DT Lido Hotel Manager LLC, New York, DT Lido Hotel Manager Member Corp,
New York, New York New York New York, New York
DT Marks Bali LLC, New York, New DT Marks Bali Member Corp, New York, DT Marks Lido LLC, New York, New
York New York York
DT Marks Lido Member Corp, New York, DT Tower I LLC, New York, New York DT Tower I Member Corp, New York,
New York New York
DT Tower II LLC, New York, New York DT Tower II Member Corp, New York, DT Tower Kolkata LLC, New York, New
New York York
DT Tower Kolkata Managing Member DT Venture I LLC, New York, New York DT Venture I Member Corp, New York,
Corp, New York, New York New York
DT Venture II LLC, New York, New DT Venture II Member Corp, New York, DTTM Operations LLC, New York, New
York New York York
DTTM Operations Managing Member, New EID Venture II LLC, New York, New EID Venture II Member Corp, New
York, New York York York, New York
THC DC Restaurant Hospitality LLC, Lamington Farm Club (TRUMP NATIONAL Mobile Payroll Construction LLC, New
New York, New York GOLF CLUB-BEDMINSTER)*, Bedminster, York, New York
NJ
Mobile Payroll Construction Manager C DEVELOPMENT VENTURES LLC, New C DEVELOPMENT VENTURES MEMBER CORP,
Corp, New York, New York York, New York New York, New York
TC MARKS BUENOS AIRES LLC, New York, Midland Associates, New York, New Miss Universe L.P., LLLP (formerly
New York York Trump Pageants, L.P.), New York,
New York
Trump Central Park West Corp, New DT Marks Qatar LLC, New York, New 40 Wall Street LLC, New York, New
York, New York York York
401 North Wabash Venture LLC, 809 North Canon LLC, Beverly Hills, Caribuslness Investments, S.R.L.,
Chicago, IL CA Dominican Republic
County Properties, LLC, Norfolk, VA DJT Aerospace LLC, New York, New DJT Operations I LLC, New York, New
York York
DT Connect II LLC, Palm Beach, Excel Venture I LLC, St. Martin, Fifty-Seventh Street Associates LLC,
Florida French West Indies New York, New York
Pine Hill Development LLC, Pine Seven Springs LLC, Mt. Kisco, NY Trump Turnberry , Turnberry,
Hill, NJ Scotland
The East 61 Street Company, LP, New The Trump Corporation, New York, New TIHT Commercial LLC, New York, New
York, New York York York
[[Page H4127]]
TIHT Holding Company LLC, New York, Trump National Golf Club - Hudson Trump National Golf Club -
New York Valley, Hopewell Junction, NY Charlotte, Charlotte, NC
Trump National Golf Club - Trump International Golf Links - Trump Las Vegas Development LLC, Las
Philadelphia, Pine Hill, NJ Scotland, Aberdeen, Scotland Vegas, NV
Trump Marks Asia LLC, Sterling, VA Trump Model Management LLC, New Trump National Golf Club -
York, New York Washington DC, Potomac Falls, VA
1125 South Ocean LLC, Palm Beach, T Promotions LLC, New York, New York HWA 555 Owners, LLC, San Francisco,
Florida CA
1290 Avenue of the Americas, A Trump Tower Triplex, New York, New N/K/A DTW VENTURE LLC, Palm Beach,
Tenancy-In-Common, New York, New York Florida
York
THC Vancouver Management Corp, TNGC Jupiter Management Corp, Trump Toronto Hotel Management Corp,
Vancouver, Canada Jupiter, FL New York, New York
Trump Management Inc., Manhasset, NY THC Miami Restaurant Hospitality THC IMEA Development LLC, New York,
LLC, Miami, FL New York
DT Lido Technical Services Manager Trump Las Vegas Sales & Marketing, Albemarle Estate, Charlottesville,
LLC, Lido, Indonesia Inc., Las Vegas, NV VA
MacLeod House & Lodge, Aberdeen, Trump Golf Links at Ferry Point, New Trump International Golf Club,
Scotland York City, New York Dubai, UAE
Trump World Golf Club Dubai, UAE Trump International Resort & Golf Seven Springs, Bedford, NY
Club Lido, Lido City, Indonesia
Le Chateau des Palmiers, St. Martin, Trump World, Seoul, South Korea Trump Towers, Sunny Isles, FL
French West Indies
D B Pace Acquisition, LLC, New York, DJT HOLDINGS LLC, New York, NY Golf Productions LLC, New York, NY
NY
T International Realty LLC, New THC CENTRAL RESERVATIONS LLC, New THC CHINA DEVELOPMENT LLC, New York,
York, NY York, NY NY
THC SALES & MARKETING LLC, New York, The Trump-Equitable Fifth Avenue TRUMP 106 CPS LLC, New York, NY
NY Company, New York, NY
TRUMP BOOKS LLC /THE MIDAS TOUCH, TRUMP CAROUSEL LLC, New York, NY TRUMP CPS LLC, New York, NY
New York, NY
TRUMP FERRY POINT LLC, New York, NY TRUMP HOME MARKS LLC, New York, NY TRUMP ICE LLC, New York, NY
STORAGE 106 LLC, New York, NY SC CLEVELAND MS MANAGEMENT LLC, T RETAIL LLC, New York, NY
Cleveland, MS
WESTMINSTER HOTEL MANAGEMENT LLC, GOLF RECREATION SCOTLAND LIMITED, TRUMP DEVELOPMENT SERVICES LLC, New
Livingston, NJ Turnberry, Scotland York, NY
4T HOLDINGS TWO LLC, New York, NY T EXPRESS LLC, New York, NY ....................................
----------------------------------------------------------------------------------------------------------------
amendment no. 94 offered by ms. escobar of texas
At the end of division B (before the short title), insert
the following:
Sec. ___. None of the funds made available by this Act may
be used to implement, administer, or enforce the memorandum
entitled, ``Memorandum for Federal Prosecutors Along the
Southwest Border'' with the subject ``Zero-tolerance for
Offenses Under 8 U.S.C. 1325(a)'' issued by the Attorney
General on April 6, 2018.
amendment no. 95 offered by ms. escobar of texas
At the end of division B (before the short title) insert
the following:
Sec. __. None of the funds appropriated or otherwise made
available by this Act may be used in contravention of the
First Amendment of the Constitution.
Amendment No. 100 Offered by Mr. Horsford of Nevada
At the end of division B (before the short title), insert
the following:
Sec. 543. None of the funds made available in this Act may
be used to implement, administer, or enforce Executive Order
13880 (84 Fed. Reg. 33821; July 11, 2019), entitled
``Collecting Information About Citizenship Status in
Connection With the Decennial Census''.
Amendment No. 103 Offered by Ms. Jayapal of Washington
Page 196, line 16, after the first dollar amount, insert
``(reduced by $2,000,000)''.
Page 223, line 16, after the first dollar amount, insert
``(increased by $2,000,000)''.
Page 223, line 18, after the first dollar amount, insert
``(increased by $2,000,000)''.
Page 225, line 10, after the first dollar amount, insert
``(increased by $2,000,000)''.
Amendment No. 106 Offered by Mr. Ted Lieu of California
At the end of division B (before the short title), insert
the following:
Sec. ___. None of the funds made available by this Act may
be used for Operation Legend or Operation Relentless Pursuit.
Amendment No. 109 Offered by Mr. Malinowski of New Jersey
Page 206, line 21, after the dollar amount, insert
``(reduced by $1,000,000) (increased by $1,000,000)''.
Amendment No. 115 Offered by Mr. McNerney of California
Page 268, line 3, after the dollar amount, insert
``(reduced by $5,000,000) (increased by $5,000,000)''.
Amendment No. 117 Offered by Ms. Meng of New York
At the end of division B (before the short title), insert
the following:
Sec. __. None of the funds made available by this Act may
be used to implement, administer, or enforce the Presidential
Memorandum on Excluding Illegal Aliens From the Apportionment
Base Following the 2020 Census, issued on July 21, 2020
Amendment No. 124 Offered by Ms. Norton of District of Columbia
At the end of division B (before the short title), insert
the following:
Sec. ___. None of the funds made available by this Act may
be used to carry out paragraph (2) of section 3622(c) of
title 18, United States Code.
amendment no. 125 offered by ms. ocasio-cortez of new york
At the end of division B (before the short title), insert
the following:
Sec. ___. None of the funds made available by this Act may
be used to purchase chemical weapons (as such term is defined
in section 229F of title 18, United States Code) for law
enforcement purposes.
amendment no. 126 offered by ms. omar of minnesota
Page 179, line 5, after the dollar amount, insert
``(increased by $1,000,000)''.
Page 190, line 13, after the dollar amount, insert
``(reduced by $1,000,000)''.
amendment no. 127 offered by ms. omar of minnesota
Page 196, line 16, after the dollar amount, insert
``(reduced by $500,000)''.
Page 211, line 22, after the dollar amount, insert
``(increased by $500,000)''.
amendment no. 136 offered by ms. scanlon of pennsylvania
Page 196, line 16, after the dollar amount, insert
``(reduced by $4,000,000) (increased by $4,000,000)''.
amendment no. 139 offered by mr. scott of virginia
At the end of division B (before the short title), insert
the following:
Sec. __. None of the funds made available by this Act for
the Equal Employment Opportunity Commission for fiscal year
2021 may be used to develop, promulgate, issue, finalize,
implement, or enforce the proposed rule entitled ``Official
Time in Federal Sector Cases Before the Commission''
published in the Federal Register on December 11, 2019 (84
Fed. Reg. 67683).
amendment no. 141 offered by ms. speier of california
Page 204, line 25, after the dollar amount, insert
``(increased by $2,700,000)''.
Page 206, line 10, after the dollar amount, insert
``(reduced by $2,700,000)''.
amendment no. 146 offered by ms. tlaib of michigan
At the end of division B (before the short title), insert
the following:
Sec. ___. None of the funds appropriated or otherwise made
available by this Act to the Department of Justice may be
obligated or expended to implement, administer, or enforce
the rule entitled ``DNA Sample Collection from Immigration
Detainees'' published by the Department of Justice in the
Federal Register on March 6, 2020 (85 Fed. Reg. 13483).
The SPEAKER pro tempore. Pursuant to House Resolution 1067, the
gentlewoman from New York (Mrs. Lowey) and the gentleman from
California (Mr. Calvert) each will control 15 minutes.
The Chair recognizes the gentlewoman from New York.
Mrs. LOWEY. Mr. Speaker, I am pleased to yield 1 minute to the
gentleman from California (Mr. McNerney).
Mr. McNERNEY. Mr. Speaker, my amendment would increase and decrease
by $5 million the NSF Research and Related Activities budget to support
a National Academy of Sciences study on approaches and procedures for
creating and assessing congressional district maps.
The mathematical community has focused on the theory of district map
drawing and can now provide fair and unbiased methods of creating and
evaluating district maps.
Recent court rulings have shown that objective statistical evidence
can be
[[Page H4128]]
used to assess whether district maps have been drawn in an overly
partisan manner. These rulings which have continually found
congressional and State legislative districts in States across the
country to be too partisan highlight the need for an impartial,
unbiased system of creating and assessing district maps. My amendment
would fund a study to define best practices for creating fair
congressional districts and be in compliance with the Voting Rights Act
of 1965.
Mr. Speaker, I urge the adoption of this amendment.
Mr. CALVERT. Mr. Speaker, I yield myself such time as I may consume,
and I rise in opposition to the Democratic en bloc amendment.
Mr. Speaker, while there may certainly be valid adjustments
reflecting important priorities, there are also political statements
that have no place in the Defense appropriations bill, such as language
insinuating that our military is being used in a way that violates the
First Amendment.
Make no mistake, the men and women of the United States military
protect and defend the First Amendment along with the entire
Constitution to which they swore an oath. It is beneath the institution
to call their loyalty into question. As such, I urge rejection of this
en bloc.
Mr. Speaker, if the gentlewoman has no further speakers, I yield back
the balance of my time.
Mrs. LOWEY. Mr. Speaker, I yield back the balance of my time.
Ms. MENG. Mr. Speaker, on July 21, 2020, President Trump issued a
Presidential Memorandum to exclude undocumented immigrants from being
counted in reapportionment for Congress.
The Constitution explicitly requires an ``actual Enumeration'' of all
``persons,'' imposing on the federal government the duty to count the
``whole number of persons in each State.'' In other words, each
person--regardless of citizenship status--must be counted. President
Trump's plan to prohibit undocumented immigrants from being counted in
the apportionment of Congressional seats, violates the plain text of
both the Constitution and the governing statutes.
I submitted an amendment to H.R. 7617 to block this effort by
prohibiting the use of any and all federal funds to implement,
administer, or enforce this Presidential Memorandum. Although this
memorandum is unconstitutional, my amendment would end any confusion
caused by the President, and avoid costly litigation.
Mr. Speaker, immigrants have always been America's strength, and
during the COVID-19 pandemic, we've seen how so many immigrants have
put themselves on the front lines to help combat the coronavirus. They
have made enormous sacrifices, working tirelessly to provide the
critical services we need and depend on. Immigrants are part of the
fabric of our nation, and we shall not allow them to be kicked to the
curb by this President.
Ms. SCANLON. Mr. Speaker, I rise in support of my amendment to
promote access to justice policies within the Department of Justice.
As a former pro bona counsel, I know how important legal
representation is for the most vulnerable members of society. My
amendment, which would reduce and increase funds in this division by
the same amount, aims to bring attention to the fact that the
Department of Justice should spend appropriated funds to improve access
to justice in the criminal and civil systems for all Americans.
Carrying out this goal requires coordination throughout the Department
in its litigation, policy activity, and grant making. This task was
historically accomplished by the Department's Office of Access to
Justice, an office that was eliminated by the Trump administration and
I hope is re-established soon.
In the meantime, the Department should reinvigorate its statement of
interest and amicus brief practice reflecting focusing on the Sixth
Amendment right to counsel to ensure it is guaranteed at the state and
local level in the criminal context.
In the civil context, the Department should accelerate its work to
raise federal agencies' awareness of how civil legal aid helps advance
a wide range of federal objectives including improved access to health
care and housing, education and employment, family stability and public
safety. Specifically, the Department should continue its leadership of
the White House Legal Aid Interagency Roundtable an interagency effort
that I am so pleased to learn this Administration has embraced.
A report from the Philadelphia Bar Association showed that the
estimated return on investment for providing counsel to low income
tenants in the city was about $12.47. That means for every dollar that
the City of Philadelphia spent on providing legal representation to
these individuals, it received $12.47 in return. Ensuring access to
justice is not only the morally just thing to do, it is also a
financially sound decision. Responding to the legal needs of victims of
crime, people seeking employment, and servicemembers are bipartisan
concerns that my amendment directly supports. My amendment would help
continue these bipartisan practices and promote the Department of
Justice's mission of ensuring justice for all.
Mr. HORSFORD. Mr. Speaker, on July 11, 2019, President Trump issued
Executive Order 13880 after the U.S. Supreme Court's decision denying
the citizenship question on the Census.
The Executive Order would have directed all government departments,
including the Department of Homeland Security (DHS) to share any
information regarding citizenship that they have with the Department of
Commerce, which operates the Census Bureau.
It was clear that this order was another attempt to deny the rights
and privacy of undocumented immigrants, but we could not let the
Administration deter anyone from participating in the decennial census.
The census is critical for vital programs to receive federal funding,
but more importantly census data is critical for proper political
representation of our local community.
That is why I introduced my bill, H.R. 7291, that would nullify the
effect of Trump's Executive Order that requires Federal agencies to
share citizenship data. The executive order directing federal agencies
to compile citizenship data through administrative records and merge it
with decennial census data is a blatant effort to collect this
information for political and discriminatory purposes.
Recently, on July 21, 2020, President Trump issued a Presidential
Memorandum to exclude undocumented immigrants from being counted in
reapportionment for Congress.
The Constitution explicitly requires an ``actual Enumeration'' of all
persons, imposing on the federal government the duty to count the
``whole number of persons in each State.'' In other words, each
person--regardless of citizenship status--must be counted. President
Trump's plan to prohibit undocumented immigrants from being counted in
the reapportionment of Congressional seats, violates the plain text of
both the Constitution and the governing statutes.
I submitted Horsford Amendment 23 to Division B of H.R. 7617 to block
this effort by nullifying the effect that of the Presidential Executive
Order that requires Federal Agencies to share citizenship data.
Although the President's memorandum and executive order are
unconstitutional, my amendment would send an important message to the
President and his administration that he cannot disenfranchise whole
communities in our Nation. This plan violates our Constitution and
governing statute. By moving forward with my amendment, Congress is
making it abundantly clear that the President lacks the authority to
exclude undocumented immigrants from being counted in reapportionment
for Congress.
Congress compels possesses the Constitutional authority to prevent
the President from excluding undocumented immigrants from the
apportionment count, and the determination by this body to move forward
with my provision will deter the President from wasting valuable public
time and resources on an unconstitutional action.
The contributions of immigrants are of vital importance to our
society and economy, particularly as immigrant communities play a
significant role as frontline workers during the COVID-19 pandemic. For
example, the American health care system relies very heavily on
individuals who were born in other countries, who make up about 18
percent of all health care workers in the country despite making up
15.5 percent of the population. Further, immigrants account for a third
of direct care workers, and legal noncitizen immigrants make up 9
percent of direct care workers despite accounting for only 5 percent of
the population.
In addition to caring for us when we are sick, immigrants feed us by
forming the backbone of our food system. An estimated 70 to 80 percent
of farmworkers are immigrants, between half and three quarters of whom
are undocumented. Finally, both documented and undocumented immigrants
pay billions of dollars in taxes to federal, state and local
governments every year. In 2017 alone, this accounted for $405.4
billion in taxes, including an estimated $27.2 billion paid by
undocumented immigrants.
Immigrants deserve not only to be recognized for these contributions,
but to be respected as human beings taking part in one of the most
integral traditions to the American way. For these reasons, we must
ensure that the President does not exclude Immigrants, who make up the
fabric of our nation.
The SPEAKER pro tempore. Pursuant to House Resolution 1067, the
previous question is ordered on the amendments en bloc offered by the
[[Page H4129]]
gentlewoman from New York (Mrs. Lowey).
The question is on the amendments en bloc.
The en bloc amendments were agreed to.
A motion to reconsider was laid on the table.
Amendments En Bloc No. 2 Offered by Mrs. Lowey of New York
Mrs. LOWEY: Mr. Speaker, pursuant to House Resolution 1067, I offer
amendments en bloc.
The SPEAKER pro tempore. The Clerk will designate the amendments en
bloc.
Amendments en bloc No. 2 consisting of amendment Nos. 2, 3, 5, 8, 10,
11, 12, 14, 15, 16, 17, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31,
32, 33, 34, 35, 40, 41, 42, 43, 45, 46, 50, 51, 52, 54, 55, 56, 59, 63,
64, 67, 68, 69, 70, 71, 72, 73, 74, 78, 80, 81, 82, 83, 86, 89, 90, 91,
92, 96, 97, 99, 101, 102, 104, 105, 107, 108, 110, 111, 112, 114, 116,
118, 119, 120, 121, 122, 123, 128, 129, 130, 131, 132, 134, 135, 137,
138, 140, 142, 143, 144, 145, and 147, printed in part B of House
Report 116-461, offered by Mrs. Lowey of New York:
amendment no. 2 offered by mr. bacon of nebraska
Page 37, line 23, after the dollar amount, insert the
following: ``(increased by $5,000,000) (reduced by
$5,000,000)''.
amendment no. 3 offered by mr. beyer of virginia
Page 11, line 6, after the dollar amount insert the
following: ``(reduced by $1,500,000)''.
Page 35, line 23, after the dollar amount insert the
following: ``(increased by $1,500,000)''.
amendment no. 5 offered by mr. brindisi of new york
Page 12, line 10, after the first dollar amount, insert
``(reduced by $5,000,000)''.
Page 36, line 8, after the first dollar amount, insert
``(increased by $5,000,000)''.
amendment no. 8 offered by mr. carbajal of california
Page 12, line 10, after the dollar amount, insert
``(reduced by $4,000,000)''.
Page 35, line 16, after the dollar amount, insert
``(increased by $4,000,000)''.
amendment no. 10 offered by mr. carson of indiana
Page 37, line 24, after the dollar amount, insert
``(reduced by $5,000,000)''.
Page 38, line 6, after the dollar amount, insert
``(increased by $5,000,000)''.
Page 38, line 17, after the dollar amount, insert
``(increased by $5,000,000)''.
amendment no. 11 offered by mr. chabot of ohio
Page 35, line 16, after the dollar amount, insert
``(increased by $5,000,000) (reduced by $5,000,000)''.
amendment no. 12 offered by mr. cicilline of rhode island
Page 12, line 4, after the dollar amount, insert ``(reduced
by $2,000,000)''.
Page 37, line 1, after the dollar amount, insert
``(increased by $2,000,000)''.
Amendment No. 14 Offered by Mr. Crawford of Arkansas
Page 10, line 22, after the dollar amount, insert
``(increased by $500,000)''.
Page 12, line 10, after the dollar amount, insert
``(reduced by $500,000)''.
Amendment No. 15 Offered by Mr. Crow of Colorado
Page 12, line 10, after the dollar amount, insert
``(reduced by $5,000,000)''.
Page 35, line 16, after the dollar amount, insert
``(increased by $5,000,000)''.
Amendment No. 16 Offered by Mr. Cunningham of South Carolina
Page 12, line 10, after the dollar amount, insert
``(reduced by $5,000,000)''.
Page 35, line 23, after the dollar amount, insert
``(increased by $5,000,000)''.
Amendment No. 17 Offered by Mrs. Dingell of Michigan
Page 12, line 10, after the dollar amount, insert
``(reduced by $7,000,000)''.
Page 90, line 4, after the dollar amount, insert
``(increased by $5,000,000)''.
Amendment No. 20 Offered by Mr. Graves of Louisiana
Page 35, line 16, after the dollar amount, insert
``(increased by $3,000,000) (reduced by $3,000,000)''.
Amendment No. 21 Offered by Mr. Grothman of Wisconsin
Page 12, line 10, after the dollar amount, insert
``(reduced by $31,306,000)''.
Page 31, line 7, after the dollar amount, insert
``(increased by $31,306,000)''.
Amendment No. 22 Offered by Mr. Guest of Mississippi
At the end of division A (before the short title), insert
the following:
Sec. __. None of the funds made available by this Act may
be used to reduce the number of KC-135 aircraft in the
primary mission aircraft inventory of the Air National Guard.
amendment no. 23 offered by mrs. hartzler of missouri
Page 37, line 24, after the dollar amount, insert
``(reduced by $5,000,000) (increased by $5,000,000)''.
amendment no. 24 offered by mrs. hartzler of missouri
Page 31, line 23, after the dollar amount, insert
``(increased by $5,000,000)''.
Page 33, line 20, after the dollar amount, insert
``(reduced by $5,000,000)''.
amendment no. 25 offered by mr. kevin hern of oklahoma
Page 37, line 1, after the dollar amount, insert ``(reduced
by $3,000,000) (increased by $3,000,000)''.
amendment no. 26 offered by ms. kendra s. horn of oklahoma
Page 23, line 7, after the dollar amount, insert
``(increased by $5,500,000)''.
Page 25, line 23, after the dollar amount, insert
``(reduced by $5,500,000)''.
amendment no. 27 offered by ms. kendra s. horn of oklahoma
Page 12, line 10, after the dollar amount, insert
``(reduced by $4,000,000)''.
Page 35, line 16, after the dollar amount, insert
``(increased by $4,000,000)''.
amendment no. 28 offered by mr. hudson of north carolina
Page 12, line 10, after the dollar amount, insert
``(reduced by $382,084,000) (increased by $382,084,000)''.
amendment no. 29 offered by ms. jackson lee of texas
Page 6, line 9, after the first dollar amount, insert
``(reduced by $2,000,000) (increased by $2,000,000)''.
Amendment No. 30 Offered by Ms. Jackson Lee of Texas
Page 17, line 18, after the first dollar amount, insert
``(reduced by $5,000,000)''.
Page 37, line 23, after the first dollar amount, insert
``(increased by $5,000,000)''.
Page 38, line 6, after the first dollar amount, insert
``(increased by $5,000,000)''.
Page 38, line 17, after the first dollar amount, insert
``(increased by $5,000,000)''.
Amendment No. 31 Offered by Ms. Jackson Lee of Texas
Page 17, line 18, after the first dollar amount, insert
``(reduced by $10,000,000)''.
Page 37, line 23, after the first dollar amount, insert
``(increased by $10,000,000)''.
Page 38, line 6, after the first dollar amount, insert
``(increased by $10,000,000)''.
Page 38, line 17, after the first dollar amount, insert
``(increased by $10,000,000)''.
Amendment No. 32 Offered by Mr. Lamb of Pennsylvania
Page 12, line 10, after the dollar amount, insert
``(reduced by $4,000,000)''.
Page 35, line 23, after the dollar amount, insert
``(increased by $4,000,000)''.
Amendment No. 33 Offered by Mr. Levin of California
Page 12, line 10, after the dollar amount, insert
``(reduced by $4,000,000)''.
Page 36, line 15, after the dollar amount, insert
``(increased by $4,000,000)''.
Amendment No. 34 Offered by Mr. Loebsack of Iowa
Page 12, line 10, after the dollar amount, insert
``(reduced by $2,000,000)''.
Page 37, line 23, after the dollar amount, insert
``(increased by $2,000,000)''.
Page 38, line 6, after the dollar amount, insert
``(increased by $2,000,000)''.
Page 38, line 17, after the dollar amount, insert
``(increased by $2,000,000)''.
Amendment No. 35 Offered by Mr. Lynch of Massachusetts
Page 12, line 10, after the dollar amount, insert
``(reduced by $5,000,000) (increased by $5,000,000)''.
Amendment No. 40 Offered by Mr. Mitchell of Michigan
Page 154, line 18, after the dollar amount, insert
``(reduced by $6,000,000) (increased by $6,000,000)''.
amendment no. 41 offered by mr. mitchell of michigan
Page 25, line 23, after the first dollar amount, insert
``(reduced by $17,160,000)(increased by $17,160,000)''.
amendment no. 42 offered by mr. moolenaar of michigan
Page 10, line 2, after the dollar amount, insert
``(increased by $10,000,000) (reduced by $10,000,000)''.
amendment no. 43 offered by mr. moulton of massachusetts
Page 12, line 10, after the dollar amount, insert
``(reduced by $20,000,000)''.
Page 37, line 1, after the dollar amount, insert
``(increased by $20,000,000)''.
amendment no. 45 offered by mr. moulton of massachusetts
Page 40, line 16, after the first dollar amount, insert
``(reduced by $4,000,000) (increased by $4,000,000)''.
amendment no. 46 offered by mrs. murphy of florida
Page 35, line 16, after the dollar amount, insert
``(reduced by $5,000,000) (increased by $5,000,000)''.
amendment no. 50 offered by mr. panetta of california
Page 35, line 16, after the dollar amount, insert
``(reduced by $4,000,000) (increased by $4,000,000)''.
amendment no. 51 offered by mr. panetta of california
Page 12, line 10, after the dollar amount, insert
``(reduced by $2,000,000) (increased by $2,000,000)''.
Amendment No. 52 Offered by Mr. Pappas of New Hampshire
Page 37, line 23, after the dollar amount, insert
``(reduced by $4,000,000) (increased by $4,000,000)''.
[[Page H4130]]
Amendment No. 54 Offered by Ms. Porter of California
Page 37, line 23, after the dollar amount, insert
``(increased by $7,400,000) (reduced by $7,400,000)''.
Amendment No. 55 Offered by Mr. Posey of Florida
Page 10, line 22, after the dollar amount, insert
``(reduced by $5,000,000)''.
Page 25, line 23, after the dollar amount, insert
``(increased by $5,000,000)''.
Amendment No. 56 Offered by Mr. Reschenthaler of Pennsylvania
Page 12, line 10, after the dollar amount, insert
``(reduced by $5,000,000)''.
Page 37, line 1, after the dollar amount, insert
``(increased by $5,000,000)''.
Amendment No. 59 Offered by Ms. Shalala of Florida
Page 12, line 10, after the dollar amount, insert the
following: ``(reduced by $1,000,000)''.
Page 37, line 1, after the dollar amount, insert the
following: ``(increased by $1,000,000)''.
Amendment No. 63 Offered by Ms. Slotkin of Michigan
Page 12, line 10, after the dollar amount, insert
``(reduced by $15,000,000)''.
Page 37, line 1, after the dollar amount, insert
``(increased by $15,000,000)''.
Amendment No. 64 Offered by Mr. Smith of Washington
Page 30, line 15, after the dollar amount, insert
``(reduced by 5,000,000) (increased by $5,000,000)''.
Amendment No. 67 Offered by Ms. Speier of California
Page 83, line 12, after the dollar amount, insert
``(increased by $6,000,000)''.
Amendment No. 68 Offered by Ms. Speier of California
Page 10, line 22, after the dollar amount, insert
``(increased by $2,000,000)''.
Page 11, line 6, after the dollar amount, insert
``(increased by $2,000,000)''.
Page 11, line 19, after the dollar amount, insert
``(increased by $2,000,000)''.
Page 12, line 10, after the dollar amount, insert
``(reduced by $6,000,000)''.
Amendment No. 69 Offered by Ms. Speier of California
Page 10, line 22, after the dollar amount, insert
``(reduced by $1,000,000) (increased by $1,000,000)''.
Amendment No. 70 Offered by Mr. Stauber of Minnesota
Page 11, line 6, after the dollar amount, insert ``(reduced
by $1,000,000) (increased by $1,000,000)''.
Amendment No. 71 Offered by Ms. Stefanik of New York
Page 12, line 10, after the dollar amount, insert
``(reduced by $2,500,000) (increased by $2,500,000)''.
Amendment No. 72 Offered by Ms. Stevens of Michigan
Page 37, line 1, after the dollar amount, insert
``(increased by $5,000,000) (reduced by $5,000,000)''.
Amendment No. 73 Offered by Mr. Suozzi of New York
Page 12, line 10, after the dollar amount, insert
``(reduced by $10,000,000)''.
Page 26, line 12, after the dollar amount, insert
``(increased by $10,000,000)''.
Amendment No. 74 Offered by Mr. Thornberry of Texas
Page 37, line 1, after the dollar amount, insert ``(reduced
by $3,000,000) (increased by $3,000,000)''.
Amendment No. 78 Offered by Mr. Veasy of Texas
Page 12, line 10, after the dollar amount, insert
``(reduced by $5,000,000)''.
Page 27, line 17, after the dollar amount, insert
``(increased by $5,000,000)''.
Amendment No. 80 Offered by Mr. Wilson of South Carolina
At the end of division A (before the short title), add the
following:
Sec. _. None of the funds made available by this Act may
be used to support the Badr Organization.
Amendment No. 81 Offered by Mr. Wilson of South Carolina
At the end of division A (before the short title), add the
following:
Sec. _. None of the funds available by this Act may be
used to support the Iraqi Popular Mobilization Forces.
Amendment No. 82 Offered by Mr. Young of Alaska
Page 11, line 19, after the first dollar amount, insert
``(reduced by $20,000,000)''.
Page 36, line 8, after the first dollar amount, insert
``(increased by $20,000,000)''.
Amendment No. 83 Offered by Mr. Young of Alaska
Page 11, line 19, after the dollar amount, insert
``(increased by $10,000,000)''.
Page 12, line 10, after the dollar amount, insert
``(reduced by $10,000,000)''.
Amendment No. 86 Offered by Mr. Bera of California
Page 196, line 16, after the dollar amount, insert
``(reduced by $1,000,000)''.
Page 215, line 18, after the dollar amount, insert
``(increased by $1,000,000)''.
Page 218, line 4, after the dollar amount, insert
``(increased by $500,000)''.
Page 218, line 6, after the dollar amount, insert
``(increased by $500,000)''.
Amendment No. 89 Offered by Mr. Bost of Illinois
Page 175, line 13, after the first dollar amount, insert
``(reduced by $542,428,000) (increased by $542,428,000)''.
Amendment No. 90 Offered by Mr. Burgess of Texas
Page 190, line 13, after the dollar amount, insert
``(reduced by $2,500,000)''.
Page 223, line 16, after the dollar amount, insert
``(increased by $2,500,000)''.
Page 234, line 13, after the dollar amount, insert
``(increased by $2,500,000)''.
Amendment No. 91 Offered by Mr. Cardenas of California
Page 238, line 18, after the dollar amount, insert
``(increased by $1,000,000)''.
Amendment No. 92 Offered by Mr. Cardenas of California
Page 196, line 16, after the dollar amount, insert
``(reduced by $1,000,000)''.
Page 223, line 16, after the dollar amount, insert
``(increased by $1,000,000)''.
Page 223, line 18, after the dollar amount, insert
``(increased by $1,000,000)''.
Page 225, line 6, after the dollar amount, insert
``(increased by $1,000,000)''.
Amendment No. 96 Offered by Mr. Espaillat of New York
Page 268, line 3, after the dollar amount, insert
``(reduced by $10,000,000) (increased by $10,000,000)''.
Amendment No. 97 Offered by Mr. Gomez of California
Page 184, line 5, after the dollar amount, insert
``(increased by $5,000,000)''.
Page 190, line 13, after the dollar amount, insert
``(reduced by $5,000,000)''.
Amendment No. 99 Offered by Mr. Gottheimer of New Jersey
Page 184, line 16, after the dollar amount, insert
``(increased by $1,000,000) (reduced by $1,000,000)''.
Amendment No. 101 Offered by Mr. Hudson of North Carolina
Page 221, line 13, after the dollar amount, insert
``(increased by $1,000,000)''.
Amendment No. 102 Offered by Ms. Jackson-Lee of Texas
Page 216, line 20, after the first dollar amount, insert
``(reduced by $2,000,000) (increased by $2,000,000)''.
Amendment No. 104 Offered by Ms. Johnson of Texas
Page 268, line 3, after the dollar amount. insert
``(reduced by $1,500,000) (increased by $1,500,000)''.
Amendment No. 105 Offered by Ms. Kuster of New Hampshire
Page 196, line 16, after the first dollar amount, insert
``(reduced by $1,000,000)''.
Page 215, line 18, after the dollar amount, insert
``(increased by $1,000,000)''.
Page 218, line 6, after the dollar amount, insert
``(increased by $1,000,000)''.
Amendment No. 107 Offered by Mr. Lipinski of Illinois
Page 268, line 3, after the dollar amount, insert
``(reduced by $1,000,000) (increased by $1,000,000)''.
Amendment No. 108 Offered by Mr. Lowenthal of California
Page 258, line 5, after the dollar amount, insert
``(reduced by $30,000,000) (increased by $30,000,000)''.
Amendment No. 110 Offered by Mr. McAdams of Utah
Page 196, line 16, after the dollar amount, insert
``(reduced by $1,000,000)''.
Page 237, line 21, after the dollar amount, insert
``(increased by $1,000,000)''.
Page 239, line 3, after the dollar amount, insert
``(increased by $1,000,000)''.
Amendment No. 111 Offered by Mr. McAdams of Utah
Page 196, line 16, after the dollar amount, insert
``(reduced by $2,000,000)''.
Page 237, line 21, after the dollar amount, insert
``(increased by $2,000,000)''.
Page 239, line 1, after the dollar amount, insert
``(increased by $2,000,000)''.
Amendment No. 112 Offered by Mr. McKinley of West Virginia
Page 211, line 22, after the dollar amount, insert
``(increased by $2,000,000) (reduced by $2,000,000)''.
Amendment No. 114 Offered by Mr. McKinley of West Virginia
Page 187, line 11, after the dollar amount, insert
``(increased by $2,300,000) (reduced by $2,300,000)''.
Amendment No. 116 Offered by Mr. McNerney of California
Page 269, line 4, after the dollar amount, insert
``(reduced by $1,500,000) (increased by $1,500,000)''.
Amendment No. 118 Offered by Ms. Moore of Wisconsin
Page 215, line 18, after the dollar amount, insert
``(increased by $2,500,000)''.
Page 216, line 8, after the dollar amount, insert
``(increased by $2,500,000)''.
Page 223, line 16, after the dollar amount, insert
``(reduced by $2,500,000)''.
Page 223, line 18, after the dollar amount, insert
``(reduced by $2,500,000)''.
Amendment No. 119 Offered by Ms. Moore of Wisconsin
Page 215, line 18, after the dollar amount, insert
``(increased by $2,500,000)''.
Page 217, line 18, after the dollar amount, insert
``(increased by $2,500,000)''.
Page 223, line 16, after the dollar amount, insert
``(reduced by $2,500,000)''.
[[Page H4131]]
Page 223, line 18, after the dollar amount, insert
``(reduced by $2,500,000)''.
Amendment No. 120 Offered by Mr. Moulton of Massachusetts
Page 186, line 2, after the dollar amount, insert
``(increased by $1,500,000)''.
Page 196, line 16, after the dollar amount, insert
``(reduced by $1,500,000)''.
Amendment No. 121 Offered by Mr. Neguse of Colorado
Page 196, line 16, after the first dollar amount, insert
``(reduced by $1,000,000)''.
Page 263, line 2, after the first dollar amount, insert
``(increased by $1,000,000)''.
Page 263, line 5, after the first dollar amount, insert
``(increased by $1,000,000)''.
Amendment No. 122 Offered by Mr. Neguse of Colorado
Page 196, line 16, after the dollar amount, insert
``(reduced by $1,000,000)''.
Page 223, line 16, after the dollar amount, insert
``(increased by $1,000,000)''.
Page 230, line 13, after the dollar amount, insert
``(increased by $1,000,000)''.
Amendment No. 123 Offered by Mr. Neguse of Colorado
Page 199, line 5, after the dollar amount, insert
``(increased by $1,000,000) (reduced by $1,000,000)''.
Amendment No. 128 Offered by Ms. Omar of Minnesota
Page 196, line 16, after the dollar amount, insert
``(reduced by $1,000,000)''.
Page 223, line 16, after the dollar amount, insert
``(increased by $1,000,000)''.
Page 234, line 19, after the dollar amount, insert
``(increased by $1,000,000)''.
Amendment No. 129 Offered by Mr. Pappas of New Hampshire
Page 223, line 16, after the dollar amount, insert
``(reduced by $10,000,000) (increased by $10,000,000)''.
Amendment No. 130 Offered by Mr. Perry of Pennsylvania
Page 216, line 5, after the dollar amount, insert
``(reduced by $100,000) (increased by $100,000)''.
Amendment No. 131 Offered by Ms. Porter of California
Page 196, line 16, after the dollar amount, insert
``(reduced by $1,000,000)''.
Page 223, line 16, after the dollar amount, insert
``(increased by $1,000,000)''.
Page 235, line 1, after the dollar amount, insert
``(increased by $1,000,000)''.
Amendment No. 132 Offered by Ms. Porter of California
Page 196, line 16, after the dollar amount, insert
``(reduced by $1,000,000)''.
Page 223, line 16, after the dollar amount, insert
``(increased by $1,000,000)''.
Page 230, line 23, after the dollar amount, insert
``(increased by $1,000,000)''.
Page 231, line 1, after the dollar amount, insert
``(increased by $1,000,000)''.
Amendment No. 134 Offered by Mr. Ruiz of California
Page 242, line 14, after the dollar amount, insert
``(increased by $2,500,000)''.
Amendment No. 135 Offered by Mr. Rush of Illinois
Page 196, line 16, after the dollar amount, insert
``(reduced by $1,500,000)''.
Page 223, line 16, after the dollar amount, insert
``(increased by $1,500,000)''.
Page 223, line 18, after the dollar amount, insert
``(increased by $1,500,000)''.
Page 225, line 9, after the dollar amount, insert
``(increased by $1,500,000)''.
Amendment No. 137 Offered by Mr. Schneider of Illinois
Page 208, line 5, after the dollar amount, insert
``(reduced by $1,000,000) (increased by $1,000,000)''.
Amendment No. 138 Offered by Mr. Schneider of Illinois
Page 208, line 5, after the dollar amount, insert
``(reduced by $10,000,000) (increased by $10,000,000)''.
Amendment No. 140 Offered by Mr. Soto of Florida
Page 258, line 7, after the amount, insert ``(reduced by
$40,000,000) (increased by $40,000,000)''.
Amendment No. 142 Offered by Ms. Speier of California
Page 206, line 10, after the dollar amount, insert
``(reduced by $4,000,000)''.
Page 223, line 16, after the dollar amount, insert
``(increased by $4,000,000)''.
Page 230, line 23, after the dollar amount, insert
``(increased by $4,000,000)''.
Page 231, line 1, after the dollar amount, insert
``(increased by $4,000,000)''.
Amendment No. 143 Offered by Ms. Stevens of Michigan
Page 259, line 9, after the dollar amount, insert
``(increased by $15,000,000) (reduced by $15,000,000)''.
Amendment No. 144 Offered by Ms. Stevens of Michigan
Page 268, line 3, after the dollar amount, insert
``(reduced by $200,000,000), (increased by $200,000,000)''.
Amendment No. 145 Offered by Ms. Stevens of Michigan
Page 269, line 4, after the dollar amount, insert
``(reduced by $350,000,000) (increased by $350,000,000)''.
Amendment No. 147 Offered by Mr. Tonko of New York
Division B, page 186, line 2, after the dollar amount,
insert ``(increased by $2,000,000) (reduced by $2,000,000)''.
The SPEAKER pro tempore. Pursuant to House Resolution 1067, the
gentlewoman from New York (Mrs. Lowey) and the gentleman from
California (Mr. Calvert) each will control 15 minutes.
The Chair recognizes the gentlewoman from New York.
Mrs. LOWEY. Mr. Speaker, I yield 1 minute to the gentleman from
Tennessee (Mr. Cooper).
Mr. COOPER. Mr. Speaker, I thank the gentlewoman for yielding.
I rise today to offer an amendment to provide $3 million for the
Office of the Under Secretary of Defense for Acquisition and
Sustainment in order to continue the JASON scientific advisory group's
major contributions to informing national security decisions.
This funding will be the 61st year of JASON's activity. This funding
is consistent with congressional intent and direction in the fiscal
year 2020 appropriations bill to establish the JASON within the office
of the Department of Defense.
My amendment simply aligns funding for JASON and fiscal year 2021,
following efforts by the former Under Secretary of Defense for Research
and Engineering, Dr. Michael Griffin's attempt last year to abruptly
cancel the longstanding JASON group contract. While the Defense
Authorization Act for fiscal year 2020 moved the JASON contract to the
Office of the Under Secretary for Acquisition and Sustainment, the
funding, unfortunately, did not follow.
So I am deeply grateful, Madam Chair of the Appropriations Committee,
for allowing this very important amendment to be included in the
package.
Mr. CALVERT. Mr. Speaker, I yield myself such time as I may consume.
I rise in support of a bipartisan en bloc, which includes important
changes to the bills that reflect Member priorities. I would also like
to thank the full committee chairwoman and Chairman Visclosky for their
willingness to work with Members on both sides of the aisle to
accommodate as many amendments to the defense division as possible.
It is vital to our work that we have input from members who know
their districts best and who want to ensure their constituent interests
are being reflected in the appropriations process.
The defense portion of the bipartisan en bloc includes 55 amendments,
and I thank the many Members who are included in this en bloc for input
and insight.
Mr. Speaker, I reserve the balance of my time.
Mrs. LOWEY. Mr. Speaker, I yield 2 minutes to the gentlewoman from
North Carolina (Ms. Adams).
Ms. ADAMS. Mr. Speaker, I thank the gentlewoman for yielding time to
me.
I rise in support of, specifically, my amendment to prohibit the use
of Federal funds for the acquisition of chemical agents, such as
teargas and pepper balls.
Since the tragic death of George Floyd, millions of Americans have
sought to exercise their first amendment right to protest and to
assemble. Too often these actions have been met by the brutal force of
the State as the elderly, as children, as those with medical conditions
choke and asphyxiate due to the use of so-called riot control agents.
Mr. Speaker, we can no longer condone the use of agents that hundreds
of public health professionals say can help spread respiratory
illnesses, such as COVID-19.
The use of such agents is banned by international law, so why would
we use them against our own people? This is absolutely unacceptable.
And so with my amendment, it is my hope today that we are nearing the
dawn of a fairer, more equitable and more just era of policing in this
country.
Mr. CALVERT. Mr. Speaker, I yield 2 minutes to the gentleman from
Alabama (Mr. Aderholt), the ranking member on the Commerce, Justice,
Science Subcommittee.
Mr. ADERHOLT. Mr. Speaker, I rise in support of this bipartisan en
bloc amendment. This amendment includes various provisions that make
improvements to division B of this bill.
Among other things, it increases funding to study the root cause of
school violence.
It also provides additional support for child advocacy centers, which
will work to hold child abusers accountable
[[Page H4132]]
and help children heal through this process.
This amendment also highlights the work of the International Trade
Administration and its important role in the enforcement of the
antidumping and countervailing duty laws. I agree with the amendment's
sponsors that it is critical that the ITA allocates sufficient
resources to protect American jobs from illegal foreign trade
practices.
Finally, the amendment also includes a strong bipartisan provision
advancing university research on artificial intelligence.
Mr. Speaker, in closing this is a good amendment, and I would
recommend a ``yes'' vote.
Mrs. LOWEY. Mr. Speaker, I yield 3 minutes to the distinguished
gentleman from New York (Mr. Rose).
Mr. ROSE of New York. Mr. Speaker, I will begin by thanking the
gentlewoman. I am a fourth generation New Yorker. I am a Jew. I am a
vet. And you are a hero. It has been such an incredible honor to serve
with you. Thank you for so much.
I also thank Congressman Ruiz for partnering on this effort I would
like to speak on today.
I rise today in support of our amendment to increase appropriations
for Law Enforcement Mental Health and Wellness Act grants, because when
it comes to our law enforcement, the last thing that we should ever do
is pinch pennies.
There are few in this Chamber, heck, a few in this country, who know
what it means to put your life on the line every single day for years
in the service of others. Well, that is what the NYPD does every single
day, and they do not get the appreciation that they deserve. That is as
true today as it ever has been.
{time} 1215
What law enforcement across the country deserves is our support, not
just with our words, but with our budgetary decisions, because while
our Nation confronts the realities of systemic racism both in our
history and in our everyday life, the future that we must build is one
based around unity. It is one where there is trust between the
community and those who protect us.
It is a future, though, where we also acknowledge that law
enforcement officials are up to three times as likely to die from
suicide as they are in the line of duty.
Our officers have faced daily horrors during this pandemic. We have
called them essential workers. They have always been essential.
Something must be done in these hallowed Chambers.
That is exactly what this program is for. It allows police
departments to use these funds in a way that works best for their
officers. That is why I am honored to offer this amendment yet another
year with Dr. Ruiz.
Each and every day, officers in my community on Staten Island and
South Brooklyn are hugging their children, hugging their partners,
their spouses good-bye, not knowing if they are going to return home.
That is a stress that they live with every day that none of us can
relate to.
This program must be advanced in honor of their service.
Mr. CALVERT. Mr. Speaker, I yield 1 minute to the gentleman from
Wisconsin (Mr. Tiffany).
Mr. TIFFANY. Mr. Speaker, I rise in support of the Stauber-Tiffany-
Cox amendment, and I thank the gentleman for the time.
This amendment comes after many years of experiencing well-documented
U.S. Navy maintenance backlogs and deficiencies in much-needed naval
upgrades. These backlogs and deficiencies seriously inhibit our force-
in-readiness and operational capabilities.
Our military needs to be the readiest it can be in order to meet the
challenges of the future, and this amendment will help them do that.
Shipyards across the country are ready, willing, and able to support
the maintenance and upgrade requirements needed by our naval assets,
including one in Superior in my congressional district. These non-
homeport shipyards can support vital surge capacity, addressing
maintenance needs that cannot be addressed in a timely fashion at
homeports. This change will also support good, family-wage jobs across
the country.
Mr. Speaker, I ask for a ``yes'' vote on the amendment.
Mrs. LOWEY. Mr. Speaker, I yield 2 minutes to the gentleman from
Tennessee (Mr. Cooper).
Mr. COOPER. Mr. Speaker, once again, I thank the great chair of the
Appropriations Committee for including three words that Nashville,
Tennessee, desperately needs in the pending legislation in order to
better manage our Cumberland River. These three words are ``flood risk
management.''
A decade ago, Nashville suffered a devastating flood, costing more
than two dozen lives and billions of dollars in damages. To mitigate
the chance of future flooding, we need to allow the two Army Corps of
Engineers-operated dams that are directly upstream from Nashville,
namely Old Hickory and Cordell Hull, to be used for flood risk
management.
Contrary to common sense, these dams today may not be used for flood
control, even in emergencies, unless they have previously been
congressionally authorized to do so. The congressional authorization
for Old Hickory and Cordell Hull Dams was made way back in 1946, and
believe it or not, it still governs, regardless of the massive growth
of Nashville and numerous subsequent floods.
The archaic authority that the Corps has been operating under only
allows Old Hickory and Cordell Hull to be used for navigation,
recreation, and hydropower, but not for flood risk management. The
Corps needs this flexibility to protect everyone downstream, as well as
to prevent possible overtopping of their dams.
I have buy-in from my District Corps to make this happen, and I hope
the National Corps of Army Engineers listens.
Mr. Speaker, I thank, again, Chairwoman Lowey and the entire
Appropriations Committee for including this in the en bloc.
Mr. CALVERT. Mr. Speaker, I yield 1 minute to the gentlewoman from
Missouri (Mrs. Hartzler).
Mrs. HARTZLER. Mr. Speaker, I thank the chairwoman and the ranking
member for including two of my amendments in this bipartisan en bloc
package, and I would specifically like to highlight one of my
amendments that will provide $5 million for the Department of Defense
to utilize community-based, nonprofit, post-traumatic growth
organizations for mental health treatment.
Suicide prevention is a top priority for the DOD, yet suicides in our
military communities continue to rise. While current pharmaceutical and
psychotherapy approaches help alleviate some struggles, they fail to
address two key elements of resilience: social and spiritual fitness.
My amendment provides resources to enable the DOD to employ a variety
of pathways for our servicemembers and will allow the Department to
leverage the resilience expertise of post-traumatic growth
organizations that are seeing so much success. I am excited about this
potential.
Mr. Speaker, I appreciate their support of this amendment, and I ask
everyone to support this package.
Mrs. LOWEY. Mr. Speaker, I yield 2 minutes to the gentleman from
California (Mr. McNerney).
Mr. McNERNEY. Mr. Speaker, I thank the chairwoman for her hard work
on the appropriations bill this year. It is never easy. This year is
even harder. I thank, not only the chairwoman, but all the members of
the committee. I thank them for their work, and I thank the chairwoman
for including my amendment.
Mr. Speaker, I rise today in support of my amendment to division B of
H.R. 7617.
This amendment is critical to advancing our Nation's competitiveness
in artificial intelligence. It will require the National Science
Foundation to examine, including through workshops, and to publish
findings on the following:
First, which universities are putting out significant peer reviewed
AI research, including based on quantity and number of citations;
Second, for each of the identified universities, what specific
factors enabled their AI research, including computing power, data
sets, and availability, specialized curriculum, and industry and other
partnerships; and
Third, how universities not included in this list could implement
these factors to produce AI research as well as
[[Page H4133]]
case studies that universities can look to as examples and potential
pilot programs that the Federal Government could develop or support to
help universities produce AI research.
AI research is critical to our Nation's competitiveness in artificial
intelligence. We need to have a competitive spirit if we want to
compete with China and other countries.
Mr. Speaker, as co-chair of the AI Caucus, I am proud that this
important amendment has received strong bipartisan support. I urge all
of my colleagues to support it.
Mr. CALVERT. Mr. Speaker, I yield 1 minute to the gentleman from
Illinois (Mr. Bost).
Mr. BOST. Mr. Speaker, I thank the gentleman for yielding, and I
thank the ranking member and the chair for including my amendment in
the en bloc.
Antidumping and countervailing duty laws exist to protect American
workers and producers from economic injury caused by illegally traded
foreign imports.
Unfortunately, a tidal wave of illegally traded foreign imports is
reaching our shores. Many of these products are produced by companies
in nonmarket economies like China.
As of today, the International Trade Administration has initiated
more than 91 new antidumping and countervailing duty petitions. This is
a record number, an increase of nearly 57 percent from the previous
year.
Unfortunately, resources at ITA have not kept pace with increasing
caseloads and orders. Today, there are only eight AD/CVD offices when
we need nine.
While I appreciate the work of the chairman and ranking member to
increase trade remedies for resources, more must be done. American
workers should not face delayed relief when other nations are cheating.
The SPEAKER pro tempore (Mr. Levin of Michigan). The time of the
gentleman has expired.
Mr. CALVERT. Mr. Speaker, I yield an additional 30 seconds to the
gentleman from Illinois.
Mr. BOST. Mr. Speaker, Congress must provide sufficient resources to
staff a ninth office. This includes providing a minimum of $96 million
for antidumping and countervailing duty activities.
In addition, we should require the Secretary of Commerce to provide
quarterly reports to Congress on its progress in increasing AD/CVD
activities and staffing levels.
Mrs. LOWEY. Mr. Speaker, I yield 1 minute to the gentleman from
California (Mr. Ruiz).
Mr. RUIZ. Mr. Speaker, I rise today in support of my amendment to
H.R. 7617, which will increase funding for the Law Enforcement Mental
Health and Wellness Act grant program by $2.5 million.
In order to comprehensively address policing in our Nation, we must
address the mental health needs of law enforcement officers. For
example, officers are more than three times as likely to die by suicide
than from shootings. Rates of depression among officers are more than
four times higher and rates of PTSD are five times higher than the
general population.
That is why I have worked to substantially increase funding each year
since these grants were created to help with law enforcement training,
peer mentoring, and mental health program activities. It is important
that our officers know they are not alone and that we provide the
resources they need to protect our communities as well as their own
mental well-being.
Mr. Speaker, I thank Representative Rose for cosponsoring this
amendment.
Mr. CALVERT. Mr. Speaker, I yield 2 minutes to the gentleman from
Minnesota (Mr. Stauber).
Mr. STAUBER. Mr. Speaker, I thank the chairman and ranking member for
including my amendment in this en bloc amendment.
Mr. Speaker, my amendment is simple. It gives the Secretary of the
Navy the authority to solicit contracts from non-homeport shipyards for
maintenance work to meet surge capacity should the shipyards meet the
Navy's requirement for ship repair work.
Currently, the Navy has a tremendous maintenance backlog, but under
current law, there are certain restrictions that limit where naval
vessels can undertake maintenance repair. Unless these restrictions are
lifted, the Navy's backlog will only increase exponentially.
At the same time, there are qualified shipyards in the rest of the
United States, including the Great Lakes, Gulf Coast, and Alaska, that
can perform repair work for certain types of naval vessels. These yards
have the capacity and skills to do this work. They just need the
chance.
Last year, an amendment of mine was adopted into the 2020 NDAA. It
requests the Navy report on the feasibility of doing maintenance work
on naval vessels at shipyards other than shipyards in the vessel's
homeport. The report was produced this spring, and within the report,
the Navy concluded that the law could be modified to allow the Navy to
use non-homeport shipyards to meet surge capacity.
We have done the proper examination. Now it is time to give the Navy
the authority it needs to reduce its maintenance backlog. This
amendment provides an opportunity for the Navy to diversify their
industrial base, create resilience, and improve our military readiness.
Mr. Speaker, I thank Congressman Tiffany and Congressman Cox for
cosponsoring this amendment.
Mrs. LOWEY. Mr. Speaker, I yield 2 minutes to the gentlewoman from
Michigan (Ms. Tlaib).
Ms. TLAIB. Mr. Speaker, I thank the chairwoman for yielding.
I rise today in support of this en bloc, which includes my amendment
to prohibit funds from being used to implement, administer, and enforce
a recent rule forcing DNA collection from immigrant detainees. The
rollout of this policy started in January when CBP and ICE began
collecting DNA samples from people as young as 14 years old at the
Border Patrol sector in Detroit, Michigan.
Is this how we are going to do this? We are going to just stop and
not try to fix our immigration system, and this is what we are going to
do to people, which is violate their human rights?
We must stop this administration from forcing collection of DNA,
actual parts of people's bodies, from families and individuals. We must
push back, because this would indefinitely store DNA information,
creating a permanent law enforcement record for folks who may have
never even been accused or convicted of a crime.
So, Mr. Speaker, we must stand up against xenophobic criminalization
of our immigrant neighbors.
Mr. Speaker, I thank Chairman Serrano and Congresswoman Ocasio-Cortez
for working with me on this measure, and I urge support for this
amendment.
{time} 1230
Mr. CALVERT. Mr. Speaker, I yield 1 minute to the gentleman from
South Carolina (Mr. Wilson).
Mr. WILSON of South Carolina. Mr. Speaker, I thank Ranking Member
Ken Calvert for yielding.
I am grateful to support two amendments, Nos. 94 and 95 to division A
of H.R. 7617. These two amendments would prohibit taxpayer money from
going to the Badr Organization and other murderous Iranian-backed
militias comprising the Popular Mobilization Units.
The Badr Organization, perhaps the largest and most murderous
Iranian-backed militia in Iraq, which has oppressed the people of Iran,
was founded by the Islamic Revolutionary Guards Corps with the mandate
to export Iran's failing Islamic revolution.
They are controlled by the tyrannical regime in Tehran and have a
long history of involvement in attacks directly targeting Americans and
our NATO allies in Iraq. Their deranged leader proudly brags of his
involvement in the New Year's Eve attack on unarmed civilians at our
Embassy in Baghdad.
Badr and other cowardly Iranian-backed militias should not be the
beneficiaries of U.S. aid. They have blood on their hands, and the
American people should not be funding them.
I urge my colleagues to support these amendments and the underlying
bill.
Mrs. LOWEY. Mr. Speaker, I yield 1 minute to the gentleman from
California (Mr. Cardenas).
Mr. CARDENAS. Mr. Speaker, I rise today to thank the Appropriations
Committee and the subcommittee chairs for including two amendments that
I submitted to H.R. 7617, division
[[Page H4134]]
B and division F, in the en bloc being considered today.
For years, we have been funding a juvenile justice system that is
robbing children of their futures and wasting taxpayer dollars. Today,
experts, academics, advocates, and police departments agree we must
change that for the better.
I am proud to have introduced two amendments to H.R. 7617, division
B, that will increase funding for programs that focus on girls in the
juvenile justice system and invest in collaborative mental health and
antirecidivism initiatives.
I have also cosponsored an amendment led by my colleague, Congressman
Rush, that will increase funding for community-based violence
prevention initiatives and also introduced an amendment to H.R. 7617,
division F, that will increase funds for the National Child Traumatic
Stress Initiative. This investment will help increase evidence-based
support for youth with mental health needs that have been exacerbated
by this pandemic.
I ask for my colleagues to support this bill and my amendments that
are offered today. We need to have a better system for our children.
Mr. CALVERT. Mr. Speaker, I yield 1 minute to the gentleman from
Wisconsin (Mr. Grothman).
Mr. GROTHMAN. Mr. Speaker, this bipartisan amendment would transfer
$21.3 billion from the procurement account to the Marine Corps' JLTV
and transfer it from the funds from the Defense-wide operation and
maintenance account.
We want to make sure the JLTV is delivered to our servicemembers on
schedule and on cost. I have come to understand that, last year, the
Marine Corps had substantially higher fielding costs than they
anticipated for this vehicle, so they had to transfer funds from
purchasing more vehicles to fielding the vehicles they had.
I understand why the Appropriations Committee, being fiscally
responsible, saw that they shifted money and therefore gave them less
of these new vehicles than they thought they needed. However, the
Marine Corps had two options: pay the incurred costs or not pay for
these costs and not have operational JLTVs. The Marine Corps has
demonstrated the need for these trucks and requested funding for 752 of
them to be appropriated in FY21.
My bipartisan amendment will accomplish this. I think we in Congress
can work with the Marine Corps, the least-funded branch of the armed
services.
The SPEAKER pro tempore. The time of the gentleman has expired.
Mrs. LOWEY. Mr. Speaker, I yield 1 minute to the gentleman from
Colorado (Mr. Crow).
Mr. CROW. Mr. Speaker, I rise today in support of en bloc package No.
2, which contains my bipartisan amendment to provide resources for a
key national defense priority.
The threat to our servicemembers from sophisticated, state-
manufactured unmanned aerial systems, or drones, is serious and
requires us to pursue innovative and advanced solutions.
My amendment would increase by $5 million the Army RDT&E air and
missile defense advanced technology line in order to integrate and
demonstrate a modular, multimission capability consisting of
surveillance, electronic warfare, and high-energy laser into a remotely
operated robotic vehicle. The integrated prototype would demonstrate an
ability to remotely detect, identify, and mitigate UAS threats so that
we can better protect our troops and bases.
I would like to thank Chairman Visclosky and Ranking Member Calvert
for working with me on this amendment. Additionally, I would like to
recognize Mr. Lamborn, Mr. Langevin, Mr. Buck, and Ms. Haaland for
their leadership and support on this issue.
Mr. CALVERT. Mr. Speaker, I yield back the balance of my time.
Mrs. LOWEY. Mr. Speaker, I yield back the balance of my time.
The SPEAKER pro tempore. Pursuant to House Resolution 1067, the
previous question is ordered on the amendments en bloc offered by the
gentlewoman from New York (Mrs. Lowey).
The question is on the amendments en bloc.
The en bloc amendments were agreed to.
A motion to reconsider was laid on the table.
Amendments En Bloc No. 3 Offered by Mrs. Lowey of New York
Mrs. LOWEY. Mr. Speaker, pursuant to House Resolution 1067, I offer
amendments en bloc.
The SPEAKER pro tempore. The Clerk will designate the amendments en
bloc.
Amendments en bloc No. 3 consisting of amendment Nos. 19, 39, 47, 58,
65, 76, 77, 79, 85, 88, 98, 113, 162, 181, 188, 201, 207, 214, 225,
242, 248, 249, 268, 296, 309, 325, 326, and 333, printed in part B of
House Report 116-461, offered by Mrs. Lowey of New York:
Mr. CARSON of Indiana. Mr. Speaker, I rise today in support of my
amendment which will provide an additional five million dollars in
support of pancreatic cancer research, including early detection, at
the Department of Defense (DoD). Considering Rep. Lewis' recent passing
from pancreatic cancer, and Rep. Hastings' current fight against this
disease, I am grateful that my colleagues came together today to pass
this amendment--included in En Bloc No. 2--by unanimous voice vote.
This is a fitting tribute today, when our colleague, John Robert Lewis,
is laid to rest in Atlanta.
This amendment builds on the incredible work done by the Defense
Subcommittee on this issue. The Defense Subcommittee has already
appropriated $10 million for pancreatic research at the Department of
Defense (DoD), which is an increase of four million dollars from the
previous year. I am thankful to the Defense Subcommittee, especially
Chairman Visclosky, for their leadership on this issue.
By passing my amendment, the House will increase appropriations for
pancreatic cancer research at DoD from $10 million to $15. I am
grateful that my colleague, Rep. Anna Eshoo of California, has
cosponsored my amendment--she is a great leader on behalf of pancreatic
cancer research and the Chairwoman of the Health Subcommittee in the
Energy and Commerce Committee. I am also thankful for the support of
the Pancreatic Cancer Action Network, whose support and advocacy for
this amendment has been critical in our efforts.
Today's amendment also builds on my previous amendment to the
National Defense Authorization Act (NDAA), which the House passed last
week, that authorized $5 million for a pancreatic cancer early
detection initiative at the Department of Defense (DoD). My amendment
also complements report language in the Defense appropriations bill,
which states that ``early detection of pancreatic cancer requires
additional research'' and encourages the director of the
Congressionally Directed Medical Research Program (CDMRP) at DoD to
``expand early detection research for pancreatic cancer'' to include
pre-diabetic and diabetic individuals, ``as well as those in
underserved ethnic and minority communities.''
Just a few weeks ago, this issue hit painfully close to home as
America lost a giant to pancreatic cancer. Rep. John Lewis, our civil
rights hero and Conscience of the Congress, passed away from pancreatic
cancer only seven months after receiving his diagnosis. My amendment is
inspired by Rep. Lewis' courageous battle against pancreatic cancer and
also by Rep. Alcee Hastings' ongoing fight. It is unacceptable that,
despite being the third leading cause of cancer-related deaths in our
country, pancreatic cancer still does not have a dedicated early
detection initiative.
Rep. Lewis' short battle against pancreatic cancer is, sadly, often
the norm for patients. In fact, the lack of research in ways to detect
pancreatic cancer early has led to devastating consequences: sixty-six
percent of patients live less than one year following their diagnosis.
If diagnosed early, the five-year survival rate for pancreatic cancer
patients is above eighty percent. However, if pancreatic cancer is
detected late, the five-year survival rate drops to less than five
percent. By failing to support our nation's researchers with the means
to find new ways to detect pancreatic cancer early, we are leaving
American's pancreatic cancer patients with few ways to detect this
disease in time to extend the quality and duration of their lives. Rep.
Lewis' struggle against this horrifying disease should serve as a
sobering reminder of the human cost of failing to support early
detection research for pancreatic cancer.
It's important to note that persistent health care inequities and
disparities for communities of color compound the devastation of
pancreatic cancer. In fact, the incidence rate for pancreatic cancer
among Black Americans is twenty percent higher than that of any other
racial demographic. This disease is deadlier for us; the pancreatic
cancer death rate is seventeen percent higher for Black men than for
white men. Significant evidence demonstrates that these
disproportionate levels of pancreatic cancer are, in large part, rooted
in disparities in health care and access to tests and diagnostics. As a
result, the lack of pancreatic cancer early detection research
accelerates
[[Page H4135]]
the racial unfairness in our health care system, with devastating
consequences for minorities.
At a time when our country is having a national conversation about
the deep disparities in access to health care for Black and Brown
people during a global pandemic, Congress must do everything within our
power to improve health outcomes through research and treatment.
Passing this amendment is a critical way to increase our investment in
pancreatic cancer research, including early detection, and to help
address the pancreatic cancer disparities for communities of color.
I thank my colleagues for including my amendment in En Bloc No. 2 and
for passing this amendment today by voice vote. I urge my colleagues to
support final passage of H.R. 7617 as amended.
Ms. MOORE. Mr. Speaker, year after year since coming to Congress, I
have led efforts in the House to secure funding for Violence Against
Women programs. I was honored to have led the efforts to renew the VAWA
authorizing legislation in 2013. This is personal for me. And I want to
make sure that for all of those who are going through the horror that
domestic violence, they know that they have a place to go or services
and supports to turn to get through those dark days.
VAWA is essential legislation that provides the premier services for
survivors of domestic violence and sexual assault. However, that
authorizing language is only as good as we actually fund it. With
domestic violence-related homicides on the rise, now more than ever, we
need these funds and we need these funds right now.
I have offered two amendments to this bill for programs that are in
desperate need for additional funds.
I applaud the committee for their efforts but like so many programs,
the need continues to outpace available resources. The first amendment
I submitted is for the Transitional Housing Program. This program
provides transitional housing and short-term housing assistance for
victims and their children or other dependents. With many victims stuck
at home during the pandemic, access to safe housing can be the
difference between life and death.
I also offered an amendment to increase funding for the Sexual
Assault Services Program. This essential program provides grants to
rape crisis centers and other agencies for survivors of sexual assault.
I am so proud of the work that these programs have done but we cannot
limit the resources required to combat sexual violence in our
communities during these dire times.
I am glad that these amendments have been included in En Bloc and
thank Chairwoman Lowey and Chairman Serrano for their support. I
encourage my colleagues to support this En Bloc.
Mr. LYNCH. Mr. Speaker, I rise in support of en bloc Amendment No. 2
which includes my amendment No. 35 to the Department of Defense
Division to provide an additional $5 Million for the Defense POW/MIA
Accounting Agency (DPAA).
Mr. Speaker, we ask much of our men and women in uniform, especially
when they are deployed into battle. They risk injury and indeed their
lives to carry out the missions that keep America safe and protect our
values around the world. In return, we make a promise to them that if
the worst were to happen, we would ensure that they will be brought
home to their families. The Defense POW/MIA Accounting Agency's mission
is to do just that for the over 82,000 American Prisoners of War and
Missing in Action servicemembers since World War II still waiting to be
returned.
The DPAA works through diplomatic partnerships with 46 host nations
and collaborates with veterans service organizations, non-profit
institutions. and other private sector entities in order to maximize
scarce resources to find our missing servicemembers. They bring a
steadfast dedication to this mission, and we must ensure they have the
resources they need.
Since the 2015 reorganization of its predecessor organization, the
Joint POW/MIA Accounting Command, the DPAA has taken meaningful steps
towards refining its mission, unifying agency functions and personnel,
and augmenting its accounting and recovery operations. Through my
position as Chairman of the National Security Subcommittee I have
continued to exercise Congressional oversight to ensure that these
reforms are being optimally implemented, including leading several
bipartisan Congressional Delegations to the DPPA headquarters and
skeletal identification laboratory at Joint Base Pearl Harbor-Hickam,
as well as to their recovery missions in Vietnam, the Korean Peninsula
and the Philippines. and most recently, holding an oversight hearing in
the National Security Subcommittee last November.
The additional $5 Million that this amendment provides will help the
DPAA continue to build upon its reforms. as well as continue its
ongoing and vital work.
I would like to thank Representative Jody Hice for cosponsoring this
amendment and for his leadership in supporting POW/MIA identification
and recovery efforts. I would also like to thank Representative Mark
Green, with whom I have the pleasure of collaborating on helping
veterans who were deployed to the former K2 Forward Operating Base, for
cosponsoring this amendment as well.
I would like to thank Appropriations Committee Chairwoman Lowey and
Ranking Member Granger for including this amendment in the en bloc.
Ms. JACKSON LEE. Mr. Speaker, I rise to speak in strong support of En
Bloc No. 2, to H.R. 7617, the Defense, Commerce, Justice, Science,
Energy and Water Development, Financial Services and General
Government, Labor, Health and Human Services, Education,
Transportation, Housing, and Urban Development Appropriations Act.
I thank Chairman McGovern and Ranking Member Cole for including
several amendments in the Rule for House consideration of H.R. 7617.
Jackson Lee Amendment No. 30, included in En Bloc No. 2, reduces
funding for Operations and Maintenance-Defense Wide, by $5 million and
increases funding for Defense Health Care for PTSD by $5 million.
My amendment increases funding for PTSD by $5,000,000.
These funds should be used toward outreach activities targeting hard
to reach veterans, especially those who are homeless or reside in
underserved urban and rural areas, who suffer from Post-Traumatic
Stress Disorder (PTSD).
Along with traumatic brain injury, PTSD is the signature wound
suffered by the brave men and women fighting in Afghanistan, Iraq, and
far off lands to defend the values and freedom we hold dear.
For those of us whose daily existence is not spent in harm's way, it
is difficult to imagine the horrific images that American servicemen
and women deployed in Iraq, Afghanistan, and other theaters of war see
daily.
In an instant, a suicide bomber, an IED, or an insurgent can
obliterate your best friend right in front of your face. Yet, you are
trained and expected to continue with the mission, and you do, even
though you may not have even reached your 20th birthday.
But there always comes a reckoning. And it usually comes after the
stress and trauma of battle is over, and you are alone with your
thoughts and memories.
And the horror of those desperate and dangerous encounters with the
enemy and your own mortality come flooding back.
PTSD was first brought to public attention in relation to war
veterans, but it can result from a variety of traumatic incidents, such
as torture, being kidnapped or held captive, bombings, or natural
disasters such as floods or earthquakes.
We can now add COVID-19 with the stress of watching the American
people fight off a foe they cannot confront and defeat.
We must address PTSD in all its forms so that it can be defeated.
Jackson Lee Amendment No. 31, included in En Bloc No. 2, reduces
funding for Operations and Maintenance-Defense Wide, by $10 million and
increases funding for Defense Health Care for Triple Negative Breast
Cancer (TNBC) by $10 million.
Jackson Lee Amendment No. 31 reduces funding for Operations and
Maintenance-Defense Wide, by $10 million and increases funding for
Defense Health Care for Triple Negative Breast Cancer (TNBC) by $10
million.
My amendment increases funding for the Defense Health Program's
research and development by $10 million. These funds will address the
question of breast cancer in the United States military.
The American Cancer Society calls several strains of breast cancer as
a particularly aggressive subtype associated with lower survival rates;
in this instance, it's a triple negative. But I raise an article that
says: ``Fighting a Different Battle; Breast Cancer and the Military.''
The American Cancer Society reports the following 5-year survival
rates for breast cancer:
stage 0 to 1--near 100 percent survival rate;
stage 2--about 93 percent survival rate;
stage 3--72 percent survival rate; and
stage 4 (metastatic)--22 percent survival rate.
Triple Negative Breast Cancer is more aggressive than other types of
breast cancer.
Studies have shown that triple-negative breast cancer is more likely
to spread beyond the breast and more likely to recur (come back) after
treatment.
The risk appears to be greatest in the first few years after
treatment.
[[Page H4136]]
For example, a study of more than 1,600 women in Canada published in
2007 found that women with triple-negative breast cancer were at higher
risk of having the cancer recur outside the breast--but only for the
first 3 years.
In 2013, the American Cancer Society Surveillance and Health Services
Institute estimated that 27,060 black women would be diagnosed with the
illness.
The rate of breast cancer is 10 percent lower in African American
women than white women--it is the type of breast cancer (Triple
Negative) that African American women contract that is alarming.
Because African American women are diagnosed in greater numbers with
Triple Negative Breast Cancer, we have a five-year survival rate of 78
percent after diagnosis as compared to 90 perent for white women.
The incidence rate of breast cancer among women under 45 is higher
for African American women compared to white women.
Triple Negative Breast Cancer:
Accounts for between 13 percent and 25 percent of all breast cancer
in the United States;
onset is at a younger age;
is more aggressive; and
is more likely to metastasize.
Currently, 70 percent of women with metastatic triple negative breast
cancer do not live more than five years after being diagnosed.
African American women are 3 times more likely to develop triple-
negative breast cancer than White women.
African-American women have prevalence TNBC of 26 percent vs. 16
percent in non-African-American women.
Funding to support women serving in the military to address the
incidence of Triple Negative Breast cancer can benefit from this
Jackson Lee Amendment.
Jackson Lee Amendment No. 29, included in En Bloc No. 2, increases
and decreases the Department of Defense Military Retirement Fund by $2
million to provide the Secretary of Defense the flexibility needed for
technical assistance for U.S. military women to military women in other
countries combating violence targeting women and children as a weapon
of war, terrorism, human trafficking, and narcotics trafficking.
Jackson Lee Amendment No. 102, included in En Bloc No. 2, increases
and decreases by $2,000,000 funding for the Office of Justice Programs
grant in order to support programs to engage adult men and young
persons to reduce and prevent domestic violence against children.
I ask that my colleagues vote in support of these amendments by
passing En Bloc No. 2.
Jackson Lee Amendments
Approved Under the Rule for H.R. 7617--Defense, Commerce, Justice,
Science, Energy and Water Development, Financial Services and General
Government, Labor, Health and Human Services, Education,
Transportation, Housing, and Urban Development Appropriations Act
Jackson Lee Amendment No. 29 increases and decreases the Department
of Defense Military Retirement Fund by $2 million to provide the
Secretary of Defense the flexibility needed for technical assistance
for U.S. military women to military women in other countries combating
violence targeting women and children as a weapon of war, terrorism,
human trafficking, and narcotics trafficking. En Bloc No. 2
Jackson Lee Amendment No. 30 reduces funding for Operations and
Maintenance-Defense Wide, by $5 million and increases funding for
Defense Health Care for PTSD by $5 million. En Bloc No. 2
Jackson Lee Amendment No. 31 reduces funding for Operations and
Maintenance-Defense Wide, by $10 million and increases funding for
Defense Health Care for Triple Negative Breast Cancer (TNBC) by $10
million. En Bloc No. 2
Division B--Commerce, Justice, Science, and Related Agencies [En Bloc]
Jackson Lee Amendment No. 102 increases and decreases by $2,000,000
funding for the Office of Justice Programs grant in order to support
programs to engage adult men and young persons to reduce and prevent
domestic violence against children. En Bloc No. 2
Division F--Departments of Labor, Health and Human Services, and
Education, and Related Agencies
Jackson Lee Amendment No. 251 increases and decreases funds by
$10,000,000 increase in funding to support greater diversity in the
pool of diabetes research professionals and patients participating in
clinical trials. En Bloc No. 4
Jackson Lee Amendment No. 252 increases and decreases funds by
$10,000,000 with the intent of supporting programs that provide
outreach and support services targeting program participants at
greatest risk of not completing a college degree due to COVID-19
education disruption. En Bloc No. 4
Division G--Transportation, Housing and Urban Development, and Related
Agencies [En Blocs]
Jackson Lee Amendment No. 319 increases and decreases the National
Infrastructure Investments account by $2,000,000 to emphasize support
for urban bicycle and pedestrian safety programs. En Bloc No. 4
Jackson Lee Amendment No. 320 prohibits the Department of
Transportation from using funds for Section 106 Transportation
construction projects in urban areas that have not been determined to
meet the statutory and fiduciary obligations of the National Historic
Preservation Act. En Bloc No. 5
Jackson Lee Amendment No. 321 increases and decreases by $1 million
the Federal Rail Administration Safety and Operation's account to
emphasize the need to provide dedicated funding to address community
engagement on safety issues related railroad crossings in urban areas.
En Bloc No. 4
Jackson Lee Amendment No. 322 provides $1,000,000 in assistance to
address challenges faced by communities impacted by persistent poverty
and are not included in decision making when major highway construction
threatens their homes, businesses, and culturally significant
structures. En Bloc No. 5
Jackson Lee Amendment No. 323 increases by $1,000,000 the Office of
Fair Housing and Equal Opportunity to address the fairness in the use
of Community Development Block Grant Disaster funding to repair or
replace single family homes damaged during Hurricane Harvey to ensure
that multigenerational homes can house the family at documented pre-
disaster capacity. En Bloc No. 5
Amendments Cosponsored By Jackson Lee
Escobar Amendment No. 234 increases and decreases funding by $1
million in the Office of the Secretary account to urge the U.S.-Mexico
Border Health Commission to develop and implement a binational strategy
to address COVID-19 in the border region. En Bloc No. 5
Espaillat Amendment No. 236 increases and decreases by $10,000,000 to
support greater minority patient outreach and minority candidate
inclusion by the National Institute of Allergy and Infectious Diseases
in clinical trial participation for any vaccine or therapeutics to
treat the novel Coronavirus 2019 (COVID-19). En Bloc No. 4
Speier Amendment No. 292 increases funding for OSHA's Whistleblower
Protection Program by $1,436,000 in order to ensure the office that
enforces over 20 whistleblower laws has the funding needed to respond
to the increase in complaints related to the COVID-19 pandemic.
Decreases funding for the Office of the Secretary by $2,436,000. En
Bloc No. 5
Amendment No. 19 Offered by Mr. Gosar of Arizona
In division A, strike section 8134.
Amendment No. 39 Offered by Mrs. Miller of West Virginia
In division A, strike section 8134.
Amendment No. 47 Offered by Mr. Norman of South Carolina
At the end of division A (before the short title) insert
the following:
Sec. __. None of the funds made available by this Act may
be used by the Navy in a test or pilot program that utilizes
the current Mk 38 25mm remote gun system.
Amendment No. 58 Offered by Mr. Schweikert of Arizona
Page 10, line 22, after the dollar amount, insert
``(reduced by $5,000,000)''.
Page 25, line 23, after the dollar amount, insert
``(increased by $5,000,000)''.
Amendment No. 65 Offered by Mr. Smith of Missouri
Page 12, line 10, after the dollar amount, insert the
following: ``(reduced by $5,000,000)''.
Page 24, line 15, after the dollar amount, insert the
following: ``(increased by $5,000,000)''.
Amendment No. 76 Offered by Mr. Turner of Ohio
Page 15, line 25, after the dollar amount, insert
``(reduced by $6,000,000)''.
Page 36, line 8, after the dollar amount, insert
``(increased by $6,000,000)''.
Amendment No. 77 Offered by Mr. Upton of Michigan
Page 25, line 23, after the dollar amount, insert
``(reduced by $3,000,000)''.
Page 35, line 16, after the dollar amount, insert
``(increased by $3,000,000)''.
Amendment No. 79 Offered by Mr. Waltz of Florida
Page 35, line 1, after the dollar amount, insert
``(increased by $32,000,000)''.
Page 39, line 14, after the dollar amount, insert
``(reduced by $32,000,000)''.
Page 39, line 25, after the dollar amount, insert
``(reduced by $32,000,000)''.
Amendment No. 85 Offered by Mr. Babin of Texas
Page 186, line 2, after the dollar amount, insert
``(reduced by $4,100,000)''.
Page 190, line 13, after the dollar amount, insert
``(increased by $4,100,000)''.
Amendment No. 88 Offered by Mr. Bost of Illinois
Page 223, line 16, after the dollar amount, insert
``(reduced by $1,000,000)''.
Page 235, line 8, after the first dollar amount, insert
``(reduced by $1,000,000)''.
Page 241, line 4, after the dollar amount, insert
``(increased by $1,000,000)''.
Page 243, line 22, after the dollar amount, insert
``(increased by $1,000,000)''.
Amendment No. 98 Offered by Mr. Gosar of Arizona
Page 297, beginning on line 1, strike section 537.
[[Page H4137]]
Amendment No. 113 Offered by Mr. McKinley of West Virginia
Page 186, line 2, after the first dollar amount, insert
``(reduced by $15,000,000)''.
Page 186, line 15, after the first dollar amount, insert
``(reduced by $15,000,000)''.
Page 186, line 16, after the first dollar amount, insert
``(reduced by $15,000,000)''.
Page 187, line 11, after the first dollar amount, insert
``(increased by $15,000,000)''.
Page 187, line 15, after the first dollar amount, insert
``(increased by $15,000,000)''.
Page 187, line 16, after the first dollar amount, insert
``(increased by $15,000,000)''.
Amendment No. 162 Offered by Mr. Gosar of Arizona
In division C, strike section 108.
Amendment No. 181 Offered by Mr. Perry of Pennsylvania
Beginning on page 361, line 9, strike title VI.
Amendment No. 188 Offered by Mr. Turner of Ohio
Strike section 309.
Amendment No. 201 Offered by Mr. Huizenga of Michigan
In division D, strike section 540.
Amendment No. 207 Offered by Mr. McKinley of West Virginia
Page 468, line 20, after the dollar amount, insert
``(increased by $2,000,000)''.
Page 471, line 14, after the dollar amount, insert
``(reduced by $2,000,000)''.
Page 473, line 20, after the dollar amount, insert
``(reduced by $2,000,000)''.
Amendment No. 214 Offered by Mr. Steil of Wisconsin
Page 495, beginning line 17, strike section 541.
Amendment No. 225 Offered by Mr. Bishop of North Carolina
At the end of division F (before the short title), insert
the following:
Sec. ___. None of the funds made available by this Act may
be used to withdraw the rule submitted by the Department of
the Treasury, the Department of Labor, and the Department of
Health and Human Services related to ``Health Reimbursement
Arrangements and Other Account-Based Group Health Plans'' (84
Fed. Reg. 28888 (June 20, 2019)), except that this shall not
apply to the administration of a tax or tariff.
Amendment No. 242 Offered by Ms. Foxx of North Carolina
At the end of division F (before the short title), insert
the following:
Sec. __. None of the funds made available by this Act may
be used to modify any provision of the rule entitled
``Medicare and Medicaid Programs: CY 2020 Hospital Outpatient
PPS Policy Changes and Payment Rates and Ambulatory Surgical
Center Payment System Policy Changes and Payment Rates. Price
Transparency Requirements for Hospitals To Make Standard
Charges Public'' (84 Fed. Reg. 65524 (November 27, 2019))
relating to price transparency requirements for hospitals.
Amendment No. 248 Offered by Mr. Hill of Arkansas
Page 764, strike line 18, and all that follows through page
765, line 24.
amendment no. 249 offered by mr. hill of arkansas
Page 706, line 25, after the dollar amount, insert
``(increased by $2,600,000)''.
Page 855, line 18, after the first dollar amount, insert
``(reduced by $2,600,000)''.
amendment no. 268 offered by mr. newhouse of washington
Page 809, line 4, strike lines 4 through 10.
amendment no. 296 offered by mr. taylor of texas
Page 720, line 16, after the dollar amount, insert
``(reduced by $1,000,000) (increased by $1,000,000)''.
amendment no. 309 offered by mr. wright of texas
In division F, strike section 114.
amendment no. 325 offered by mrs. lesko of arizona
Page 1097, strike lines 1 through 11.
amendment no. 326 offered by mrs. lesko of arizona
Page 1097, strike lines 12 through 17.
amendment no. 333 offered by mr. perry of pennsylvania
Page 1123, strike line 1 and all that follows through line
13 on page 1165.
The SPEAKER pro tempore. Pursuant to House Resolution 1067, the
gentlewoman from New York (Mrs. Lowey) and the gentleman from
California (Mr. Calvert) each will control 15 minutes.
The Chair recognizes the gentlewoman from New York.
Mrs. LOWEY. Mr. Speaker, I reserve the balance of my time.
Mr. CALVERT. Mr. Speaker, I yield myself such time as I may consume.
I rise in support of the Republican en bloc, which includes important
changes to the bill that would enable us to finish our work and deliver
to the President a bill that he could sign, including removing language
prohibiting the funding of the border wall.
While I certainly agree with my colleagues on the other side of the
aisle that wall funding should not come from the DOD, it is unfortunate
that the majority continues to ignore the problem along our southern
border and funds no wall construction or Border Patrol agents in their
FY 2021 Homeland Security appropriations bill. In doing so, they are
forcing the administration to deal with the security of our borders
through any means possible, including using DOD funds to build the
wall.
Finally, I will simply say that all Members should have an
opportunity to have their voice heard on annual appropriation bills on
the House floor. While I acknowledge the difficulty of doing our work
safely during the pandemic, and I thank the chairwoman for the
bipartisan en bloc, which includes many of our minority's priorities,
nothing should stifle our Members from having the opportunity to offer
debate and have a vote on an amendment germane to the bill.
Therefore, I urge adoption of the Republican en bloc, and I reserve
the balance of my time.
Mrs. LOWEY. Mr. Speaker, I yield 5 minutes to the gentleman from
Texas (Mr. Cuellar), a member of the Committee on Appropriations.
Mr. CUELLAR. Mr. Speaker, I want to thank Chairwoman Lowey for all
the wonderful work that she has done on this appropriation bill, a very
balanced bill that she has done, and I want to thank Kay Granger and
also Mr. Calvert for the work that they have done, even though we do
have a disagreement. Let me talk about the wall.
With all due respect, I always get a kick out of people who don't
live close to the border, they might live about 1,000 miles away from
the border, but they are the first ones who would tell us what we need
to have at our border, in our own backyard.
Earlier this month, President AMLO from Mexico was at a press
conference with President Trump. President Trump had said we need a
wall, and we are going to have Mexico pay. I did not hear the President
say: Where is that check to pay for the wall?
So what is happening is, the master dealmaker is now asking the U.S.
taxpayers to pay for this wall after he promised that Mexico would pay
for this wall.
Again, the taxpayers are paying for this. We are taking money away
from the defense. We are taking money away from military construction.
And we are taking money away from other places to pay for that 14th
century solution called a wall.
I will tell you where we are on the wall. After 3 years, we only have
3 miles--and I emphasize 3 miles--of new wall. Everything else is
replacement. Everything else is double wall--only 3 miles of new
fencing that we have had.
Again, if you look at it, and I think you have seen some of the
videos, the wall is falling apart. It is falling apart. Again, why are
we spending billions of dollars to build this wall when it is falling
apart?
If you ask every Border Patrol chief, including the Border Patrol
chief under President Trump, if you ask him, ``How much time does the
wall buy you?'' they say, ``A few seconds or a few minutes, depending
on who wants to cross over.''
So why are we spending billions of dollars to stop this? I have asked
the experts on the border, which is Border Patrol: Do we need a wall? I
always ask this question: Is it post-2012, or pre-2012? Because before
2012, the Border Patrol agents were saying that the wall was
ineffective and a waste of taxpayers' dollars itself.
Now, there are two main reasons why people called for the wall. One
is to stop people coming in illegally, and the other is to stop drugs.
Let me talk about people coming in illegally. If you look at it, the
last 7 consecutive years, visa overstays exceeded illegal border
crossings. If you look at the last 2016-2017 numbers that we have, visa
overstays accounted for 62 percent of the newly undocumented immigrants
that we had.
If you look at the number one violators, with due respect to our
Canadians, it is Canadians that are the number one violators of these
visa overstays. So it is not people coming from the south, but it is
visa overstays.
I dare you to say that we need a wall on the northern border. I dare
any of you all to say that, and I bet nobody is going to say that.
[[Page H4138]]
If you want to stop folks from coming in, look at visa overstays.
Sixty-two percent of the undocumented immigrants that we have are visa
overstays.
Now, the other reason is drugs. Drugs, we have to stop the drugs. If
you look at the official numbers from CBP, you will see that in FY19,
just last year, 89 percent of the cocaine coming into the United States
came up through bridges, our bridges. Only 11 percent came through in-
between bridges.
If you look at heroin, 84 percent of the heroin that came into the
United States came in through our bridges, and then the rest came in
in-between.
If you talk about fentanyl, and I have heard so many people talk
about fentanyl, 92 percent of all the fentanyl coming into the United
States comes through our bridges, and only 8 percent in-between itself.
If you talk about meth, 81 percent of all the meth coming into the
United States comes through our bridges.
Again, I want to stop drugs. I want to stop illegal migration. But we
have to make sure that we look at this the right way.
Finally, let me say, I believe in private property rights. Why is it
that we have forgotten about private property rights for all of those
people who live along the border?
Imagine if you had land there for generations and then here comes the
big bad Federal Government to take the land away. We have to protect
the environment, private property rights, and if you want to stop drugs
and people coming in, let's do it the right way. So again, I believe in
law and order, but we have to do it the right way.
Mr. CALVERT. Mr. Speaker, I yield 2 minutes to the gentlewoman from
West Virginia (Mrs. Miller).
{time} 1245
Mrs. MILLER. Mr. Speaker, I rise today to speak on my amendment to
fund the border wall.
Our country has suffered this year. We have all experienced hardship
as a pandemic rapidly made its way onto our shores. Americans are
resilient. We are rebuilding our economy, and we will persevere.
However, we must not forget about the ongoing crisis on our southern
border. In their bill, my colleagues across the aisle want to strike
all funding for border wall construction. This is not the time. We need
to focus.
It was just months ago when nearly every Member of Congress joined
together to ban deadly fentanyl from our country. This was such a
strong statement to showcase our commitment to combating the opioid
epidemic. Thanks to our strong border wall and the heroic efforts of
the men and women who guard it, our border is currently more secure
than it has ever been. Defunding the wall will weaken enforcement
efforts and hurt our communities.
During the pandemic, overdoses in West Virginia alone have risen by
50 percent compared to a year ago. Now is not the time to turn a blind
eye toward the drug smugglers who are looking to capitalize on our
hardship.
We cannot abandon our vulnerable populations. We cannot stop
construction. We need to finish the wall. We need a strong and stable
border to show our commitment to stop crime and make sure that security
is available to every single American.
For these reasons, Mr. Speaker, I urge passage of my amendment and
the entire Republican en bloc.
Mrs. LOWEY. Mr. Speaker, I reserve the balance of my time.
Mr. CALVERT. Mr. Speaker, I yield 2 minutes to the gentleman from
Alabama (Mr. Aderholt), who is the ranking member of the Commerce,
Justice, Science, and Related Agencies Subcommittee.
Mr. ADERHOLT. Mr. Speaker, I do rise in support of this amendment.
The amendment improves the bill by including addressing several
important Republican priorities, especially in division B.
For example, it increases the funding for school hardening measures
under the STOP School Violence Act. It offsets this cost with a
reduction of unauthorized appropriations for a new program that is
included in the bill that will provide lawyers for undocumented
immigrants arriving at our southern border.
The amendment also strikes a provision in the bill that would
restrict the data of the Census Bureau that it can provide to the
American people. The American people deserve more information when it
comes to the Census, not less. The Trump administration has rightly
made developing complete and accurate data on the U.S. population a top
priority.
In addition, this amendment highlights the important work of the
Department of Commerce in advancing U.S. leadership in space.
Finally, the amendment would increase funding for NOAA's Weather and
Climate Operational Supercomputing System.
In closing, Mr. Speaker, I would like to commend the sponsors of this
amendment for their efforts to highlight important, yet sometimes
overlooked, priorities that very much improve this bill, and I
recommend a ``yes'' on the amendment.
Mrs. LOWEY. Mr. Speaker, I reserve the balance of my time.
Mr. CALVERT. Mr. Speaker, I yield 2 minutes to the gentleman from
Washington (Mr. Newhouse). The gentleman is from the land of hops.
Mr. NEWHOUSE. Mr. Speaker, I thank the gentleman from California for
yielding.
Mr. Speaker, one in five households with a disabled family member
falls below the Federal poverty line. These families rely on home
healthcare providers who are often family members of the disabled to
care for them and to improve their quality of life. These providers
receive modest compensation for their efforts provided by dedicated
State Medicaid dollars.
For decades, Federal law has required that Medicaid providers be paid
directly and in full for the services they provide. However, some
States, including my own home State of Washington, have been
withholding union dues via payroll deductions from payments to
Medicaid-subsidized home caregivers. In many cases, this is done
without the knowledge or the consent of the caregiver, and it is in
clear violation of the law.
Now, this is no small problem. In 2017 alone, $150 million was
diverted to unions from Medicaid payments to 350,000 caregivers.
Fortunately, last year, the Centers for Medicare and Medicaid Services
finalized a rule to stop this predatory practice that takes money out
of the pockets of in-home providers. However, language in the bill
would defund implementation of this rule and allow States to continue
to circumvent Federal law.
My amendment strikes section 245 of the bill to ensure that CMS can
enforce the law and protect home healthcare providers from having their
Medicaid payments diverted to third parties.
Mr. Speaker, let me be clear: Ending this illegal deduction does not
prevent caregivers from joining unions if they wish; rather, it
empowers them by giving them the choice to do so. My amendment gives
them that choice.
Mr. Speaker, I urge my colleagues to support the amendment.
Mrs. LOWEY. Mr. Speaker, I reserve the balance of my time.
Mr. CALVERT. Mr. Speaker, I yield 1 minute to the gentleman from
Texas (Mr. Wright).
Mr. WRIGHT. Mr. Speaker, I rise today in support of my amendment
which would remove harmful language that seeks to upend religious
freedom protections for organizations across America.
Earlier this year, the Department of Labor took an important step in
preserving the Constitution and ensuring the rights of religious
employers. It is simple: Faith-based groups should be on equal footing
as they compete with other employers without having to give up their
sincerely held religious beliefs. Organizations such as the Salvation
Army and Catholic Charities should not be afraid to partner with the
Federal Government to help Americans.
Unfortunately, if House Democrats have their way and roll back these
important religious protections, these organizations will face
uncertainty and confusion in the Federal contracting process, possibly
opting out altogether.
Beyond the fact that it is wrong to tell these organizations that
they cannot work with the Federal Government to provide essential
services, it is flat-out unconstitutional.
Mr. Speaker, I urge my colleagues to stand by their commitment to the
Constitution and protect religious liberty
[[Page H4139]]
for all Americans by supporting my amendment.
Mrs. LOWEY. Mr. Speaker, I reserve the balance of my time.
Mr. CALVERT. Mr. Speaker, I yield 1 minute to the gentleman from
Illinois (Mr. Bost).
Mr. BOST. Mr. Speaker, I want to thank the chairman and the ranking
member for including my amendment in this en bloc package.
My amendment has a straightforward goal: increasing support for
school safety grants under the STOP School Violence Act.
Last Congress, I introduced legislation which is now law to provide
grants to local school districts to strengthen security on school
grounds. This was made part of the broader bipartisan STOP School
Violence Act enacted last Congress.
In my southern Illinois district, these funds have been used by the
Shawnee Community School District to build an emergency communications
cell tower. The Meridian School District uses the funds to hire a
school resources officer.
As a father, grandfather, and former first responder, I hope that our
young people can return to the classroom soon. I hope that this money
is available to make sure that they are even safer.
Mr. Speaker, I urge my colleagues to support the en bloc package.
Mrs. LOWEY. Mr. Speaker, I reserve the balance of my time.
Mr. CALVERT. Mr. Speaker, I yield 2 minutes to the gentlewoman from
North Carolina (Ms. Foxx), who is the ranking member of the Education
and Labor Committee.
Ms. FOXX of North Carolina. Mr. Speaker, I thank my colleague from
California for yielding.
Mr. Speaker, I rise today to highlight an issue of great importance
to Americans: the ability to choose high-quality and affordable
healthcare and increase competition among healthcare providers to drive
down costs.
Included in this package is my amendment to codify the
administration's rule requiring hospitals to post the prices they have
negotiated with insurers and their cash discounted prices for about 300
common services. This rule is a step forward towards empowering
patients by giving them the information they need to make informed
decisions and take control of their healthcare.
Pulling back the curtain on hospital charges allows patients to shop
around for the best price and will spur competition and innovation
among hospitals for these services and, ultimately, result in lower
prices for patients. It is a shame that Democrats appear to oppose this
commonsense policy which will save money for patients and our
healthcare system.
Mr. Speaker, I urge my colleagues to vote ``yes'' on this en bloc
amendment.
Mrs. LOWEY. Mr. Speaker, I reserve the balance of my time.
Mr. CALVERT. Mr. Speaker, I yield 1 minute to the gentleman from
North Carolina (Mr. Bishop).
Mr. BISHOP of North Carolina. Mr. Speaker, I thank the gentleman for
yielding.
Mr. Speaker, I rise in support of my amendment No. 225.
Last year, the Trump administration finalized a rule to allow
employers to use flexible health reimbursement arrangements, HRAs, to
fund insurance premiums for coverage purchased on the individual
market. This will allow more Americans to shop for their own coverage
and allow more employers to provide quality health benefits. Expanding
the use of HRAs will increase overall coverage by 800,000 and provide
strong protections for those with preexisting conditions.
Congress needs to provide certainty for employers who want to provide
this benefit. That is why my amendment would ensure that no funds in
this act may be used to withdraw the final HRA rule.
Mr. Speaker, I urge the House to adopt my commonsense amendment.
Mrs. LOWEY. Mr. Speaker, I reserve the balance of my time.
Mr. CALVERT. Mr. Speaker, I yield 1 minute to the gentleman from
Wisconsin (Mr. Steil).
Mr. STEIL. Mr. Speaker, I rise today in support of my amendment,
which is included in this bloc.
My amendment strikes language in the underlying bill which would
prevent the Securities and Exchange Commission from implementing
important reforms to the rules governing shareholder proposals.
The current rules, which haven't been updated since the Eisenhower
administration, allow activists to repeatedly resubmit divisive
proposals that have been rejected by a vast majority of shareholders.
In fact, many resubmissions received only a single-digit share of the
vote the year before.
A 2018 study of almost 2,500 activist shareholder proposals over
nearly two decades found that proposals that had been submitted three
or more times made up 32 percent of all the failed proposals. This can
have a significant negative impact on public companies which continue
to decline in number. Responding to each proposal takes time, and
companies are forced to deal with multiple resubmissions of failed
proposals each year. Importantly, this diverts the limited resources
away from growth, job creation, and innovation.
Especially in today's challenging economic environment, we should
support policies that encourage opportunity. The SEC's efforts to raise
the bar for resubmissions are a step forward for workers, investors,
and the health of our economy.
Mrs. LOWEY. Mr. Speaker, I reserve the balance of my time.
Mr. CALVERT. Mr. Speaker, I have no additional speakers, I urge a
``yes'' vote, and I yield back the balance of my time.
Mrs. LOWEY. Mr. Speaker, I urge a ``no'' vote, and I yield back the
balance of my time.
The SPEAKER pro tempore. Pursuant to House Resolution 1067, the
previous question is ordered on the amendments en bloc offered by the
gentlewoman from New York (Mrs. Lowey).
The question is on the amendments en bloc.
The en bloc amendments were rejected.
A motion to reconsider was laid on the table.
{time} 1300
Amendment No. 49 Offered by Ms. Ocasio-Cortez
The SPEAKER pro tempore. It is now in order to consider amendment No.
49 printed in House Report 116-461.
Ms. OCASIO-CORTEZ. Mr. Speaker, I have an amendment at the desk.
The SPEAKER pro tempore. The Clerk will designate the amendment.
The text of the amendment is as follows:
At the end of division A (before the short title) insert
the following:
Sec. __. None of the funds appropriated or otherwise made
available by this Act may be used by any of the Armed Forces
for twitch.tv or esports activities.
The SPEAKER pro tempore. Pursuant to House Resolution 1067, the
gentlewoman from New York (Ms. Ocasio-Cortez) and a Member opposed each
will control 5 minutes.
The Chair recognizes the gentlewoman from New York.
Ms. OCASIO-CORTEZ. Mr. Speaker, I present this amendment by opening
with the stance of the U.S. Marine Corps, which is that: ``War is not a
game.'' I'm quoting the Marines. The Marine Service brand and issues
associated with combat are too serious to be gamified in a responsible
manner.
Now, this amendment is specifically to block recruitment practices
and funding for recruitment practices on platforms such as Twitch.tv,
which are live-streaming platforms that are largely populated by
children well under the age of military recruitment rules. Children as
young as 13, and oftentimes as young as 12, are targeted for
recruitment forms that can be filled online.
This amendment is in direct alignment with both those values but also
the values that children should not be targeted in general for many
marketing purposes, in addition to military service.
Mr. Speaker, I reserve the balance of my time.
Mr. CALVERT. Mr. Speaker, I rise in opposition to the amendment.
The SPEAKER pro tempore. The gentleman from California is recognized
for 5 minutes.
Mr. CALVERT. Mr. Speaker, I yield 3 minutes to the gentleman from
Indiana (Mr. Visclosky), chairman of the Subcommittee on Defense.
Mr. VISCLOSKY. Mr. Speaker, I appreciate the gentleman yielding, and
I
[[Page H4140]]
do appreciate the gentlewoman's concerns.
Mr. Speaker, I would begin my remarks by saying the United States
military is a very special place. Only about 30 percent of young
Americans between 17 and 24 are eligible to join the military. Others
are not because of educational issues, because of health issues, and
other circumstances.
It is clear we have to make an investment in society. But having said
that, this is a special place and we ought to cast a very broad net to
encourage young Americans to serve their country in the military,
especially those--I would point out, living in Gary, Indiana--in
disadvantaged communities, many of which don't even know that
opportunity exists.
The gentlewoman is concerned about abuses, and I share that concern,
and I think Mr. Calvert certainly does. We have seen abuses--setting
the issue of technology aside--with recruiters making false promises.
That is why we have controls in place. That is why those people are
punished. That is why we have Congressional oversight.
Mr. Speaker, I do understand the criticism of younger people viewing
esports channels. The ArmyEsports team Twitch channel has been set to
18-plus since August of 2019. I would grant that it is difficult in
many instances to verify age online, and I do find recent media reports
on the ArmyEsports team in the banning of commentators concerning. It
is difficult to balance a platform's churn of service and community
guidelines with free speech, and I understand that ArmyEsports has
taken a pause on streaming and is reviewing its internal policies and
procedures.
We, on the committee, certainly look forward to seeing the results of
that review to allow the military to learn how to ensure that these
platforms are used properly in the future.
The gentlewoman rightly also points out the issue of age. I would
point out to all of my colleagues in this Chamber, that our bill
already funds educational programs that give children under the age of
16 exposure to military service, including Junior ROTC, Civil Air
Patrol, STARBASE, National Guard Youth Challenge, Young Marines, and
Sea Cadets. These programs are in high demand and enjoy great
bipartisan support.
Mr. Speaker, the concern is well-placed. It is the reason we have to
exercise great oversight and control, but I do have to oppose the
gentlewoman's amendment.
Ms. OCASIO-CORTEZ. Mr. Speaker, once again, I think it is
extraordinarily important, especially when it comes to emerging
technology platforms, that intervention be taken extraordinarily
seriously, because once these lights are turned on, it is very
difficult to roll them back. Right now, currently children on platforms
such as Twitch are bombarded with banner ads that link to recruitment
signup forms that can be submitted by children as young as 12 years
old. These are not educational outreach programs, but recruitment forms
for the military.
A Twitter account for the USArmyEsports team linked to a page with
``Register to Win'' at the top--no details on what one could even win--
and a signup form that, according to a tiny disclosure at the bottom of
the page, consents to contact by an Army recruiter, again allowing
people as young as 12 years old to submit this form.
Viewers on the Army's Twitch channel are repeatedly presented with an
automated prompt that says they could win an X-box Elite Series 2
controller that cost upwards of $200, and a link where they can enter
the ``giveaway.'' It, too, directs them to a recruitment form, which
has no additional mention of a contest, odds, total number of winners,
or when a drawing will occur.
Again, it is extraordinarily important that we approach and study
emerging technologies, including live-streaming, which is a platform
that is exploding in use, particularly among young people. And when it
comes to issues of technology, I believe that we should act with
reservation and caution first rather than entering with both feet in
and then trying to undo damage that could potentially be done.
That is why I believe that we should, again, restrain and restrict
ourselves from explicit recruitment tactics--not others, but
recruitment specifically--on platforms that children are using to play
games from Animal Crossing to Call of Duty.
Additionally, there was also the extraordinary concern within the
Marine Corps of conflating military service with shoot-em-up style
first-person shooters. We cannot conflate war and military service with
this kind of gamified format.
Mr. Speaker, I yield back the balance of my time.
Mr. CALVERT. Mr. Speaker, serving in the United States military is an
honor, and we should be thanking the thousands of young people who
choose to join the military to defend this great Nation.
The assertion that joining the military is a bad thing for low-income
youth or any young person, is fundamentally flawed. It is insulting to
the men and women who currently serve and those who served before them.
The military recruits the best and the brightest. They should not be
prohibited from recruiting the best and the brightest from lower,
socioeconomic classes or in the activities in which young people
participate, such as esports.
In fact, studies show that when compared to their peers, military
veterans do better across-the-board on education attainment, income,
and quality of life.
It is important to remember the quotation, ``This Nation will remain
the land of the free only so long as it is the home of the brave.'' The
world is more dangerous now than it has ever been. It is because of the
brave men and women in our military that our freedoms and security are
assured.
I respect each branch of our military and it is the moral
responsibility of every Member of this body to show these men and women
the respect and the appreciation they deserve. Please join me in doing
just that and voting ``no'' on this amendment.
Mr. Speaker, I yield back the balance my time.
The SPEAKER pro tempore. Pursuant to House Resolution 1067, the
previous question is ordered on the amendment offered by the
gentlewoman from New York (Ms. Ocasio-Cortez).
The question is on the amendment.
The question was taken; and the Speaker pro tempore announced that
the ayes appear to have it.
Mr. CALVERT. Mr. Speaker, on that I demand the yeas and nays.
The SPEAKER pro tempore. Pursuant to section 3 of House Resolution
965, the yeas and nays are ordered.
Pursuant to clause 8 of rule XX, further proceedings on this question
are postponed.
Amendment No. 87 Offered by Mr. Blumenauer
The SPEAKER pro tempore. It is now in order to consider amendment No.
87 printed in House Report 116-461.
Mr. BLUMENAUER. Mr. Speaker, I have an amendment at the desk.
The SPEAKER pro tempore. The Clerk will designate the amendment.
The text of the amendment is as follows:
At the end of division B (before the short title), insert
the following:
Sec. __. None of the funds made available by 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,
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, Guam, Puerto Rico, or the United States
Virgin Islands, to prevent any of them from implementing
their own laws that authorize the use, distribution,
possession, or cultivation of marijuana.
Sec. __. None of the funds made available by this Act to
the Department of Justice may be used to prevent any Indian
tribe (as such term is defined in section 4 of the Indian
Self-Determination and Education Assistance Act (25 U.S.C.
5304)) from enacting or implementing tribal laws that
authorize the use, distribution, possession, or cultivation
of marijuana.
The SPEAKER pro tempore. Pursuant to House Resolution 1067, the
gentleman from Oregon (Mr. Blumenauer) and a Member opposed each will
control 5 minutes.
[[Page H4141]]
The Chair recognizes the gentleman from Oregon.
Mr. BLUMENAUER. Mr. Speaker, since 1996, when California voters made
that State the first in the country to legalize medical marijuana, we
have seen a revolution taking place in cannabis policy. This has been
driven almost entirely by advocates and activists mounting successful
campaigns to have voters in 33 States legalize medical marijuana.
Starting in 2012 in Washington State, in Colorado, followed quickly
by Oregon and Alaska, voters legalized adult use. Today, 10 States, and
the District of Columbia, have legalized adult use. In all, 47 States
have legalized some form of cannabis use. This year, voters in 6 more
States will decide on future progress.
Through this revolution, we have watched, across the country,
shifting attitudes and moving forward. The Federal Government, sadly,
is still trapped by the dead hand of Richard Nixon's ``war on drugs,''
declaring cannabis a Schedule I controlled substance--wait a minute--
despite objective evidence that it is not highly addictive and it does
have therapeutic benefit.
That is why we are making progress in this Congress to catch up with
the rest of America, and the multi-billion dollar--$12 billion by some
estimates this year--industry, which pays $2 billion to State and local
governments, much of it, sadly, with $20 bills in duffel bags.
Mr. Speaker, we passed the SAFE Banking Act on the floor of this
House earlier in the Congress with 321 bipartisan votes. Sadly, it is
still languishing in the Senate, but luckily, it is in the HEROES Act
that we passed over to them. We have passed out of the Committee on the
Judiciary, the MORE Act, which would fully legalize cannabis. And make
no mistake, that day is coming.
Over two-thirds of the American voters support it, including a
majority of Republican voters, and that support is what fueled a
situation today when 47 States have some form of cannabis that is
legalized.
In the meantime, until that day of reckoning comes, we must pass this
amendment to assure the Federal Government does not interfere with
State-legal cannabis activities, and that we extend those same
protections to Tribal interests.
This modest extension of existing protections, which we have achieved
through the appropriations process in the past, is critically important
we retain and continue.
Mr. Speaker, I urge adoption of the amendment, and I reserve the
balance of my time.
Mr. ADERHOLT. Mr. Speaker, I rise in opposition to this amendment.
The SPEAKER pro tempore. The gentleman from Alabama is recognized for
5 minutes.
Mr. ADERHOLT. Mr. Speaker, this proposal that is being referred to
here would prevent Federal law enforcement from enforcing current law,
protecting public health, and ensuring community safety.
Under the Controlled Substances Act, the Drug Enforcement
Administration defines Schedule I drugs as ``having no currently
accepted medical use and a high potential for abuse.'' And according to
the National Institute on Drug Abuse, there is scientifically ``no
recognized medical benefit from smoking or eating marijuana plants.''
Claims of benefits from smoked or ingested marijuana are very
unreliable and generally outright fabrication. However, it is an
established fact that marijuana use has real health and social harms.
This is true especially in children; young people with developing
brains and those with impaired physical or psychological conditions.
And new data shows crime and health problems from marijuana use and
trafficking, in particular, in States that have criminalized its use.
Mr. Speaker, this amendment sends the wrong message about the most
widely abused drug in the United States. It should be noted--and this
is very important--according to the DEA, more young people receive
treatment for marijuana dependency than for alcohol or all other
illegal drugs combined. This amendment ignores the problems of abuse
and sends the false message to youth that smoking marijuana is healthy.
Mr. Speaker, I strongly urge the rejection of this amendment, and I
yield back the balance of my time.
Mr. BLUMENAUER. Mr. Speaker, I would respectfully disagree. As a
practical matter, it is easy to verify that it does have therapeutic
value. That is why voters in 33 States have approved it.
I have had experience with what has happened with our veterans, who
make the strong argument that this has actually saved their lives:
People with extreme nausea from chemotherapy. Babies with extreme
seizure disorders are being tortured, and the only relief comes from
the use of cannabis. That is why even States that haven't approved
medical marijuana have passed it, because it works.
{time} 1315
The existing scheduling is an outright lie. That is why we have
problems, a Federal policy that is so out of touch with a majority of
the American public, with objective evidence, what people have seen
with their own eyes, protecting babies from being tortured or veterans
with PTSD. That is one of the problems we have, a policy that is so out
of sync that it is hard to convince children that they should believe
the admonition.
We ought to legalize it, tax it, regulate it, keep it out of hands of
kids, but don't deal with what is, for many adults, a medicine or a
choice in terms of what they want to do. This is where the American
public has been going. The existing policy of prohibition is an abject
failure.
In the gentleman's home State, we watched, just this last week, a
veteran from Phoenix driving to North Carolina was discovered to have
medical marijuana in his possession and subject to a 5-year prison
sentence.
That is outrageous. That is not where the rest of America is. That is
one of the reasons people are outraged in terms of Black Lives Matter.
This selective enforcement of nonsensical policy has posed huge
problems for Black Americans.
I strongly urge approval of this amendment, and I yield back the
balance of my time.
Mr. ADERHOLT. Mr. Speaker, let me just say, I know the gentleman from
Oregon is very passionate, and I respect the gentleman very much, but I
do want to say that this amendment ignores the problems of abuse. It
sends a false message to our young people across this country that
smoking marijuana is healthy. And I strongly urge the rejection of the
amendment.
Mr. Speaker, I yield back the balance of my time.
The SPEAKER pro tempore. Pursuant to House Resolution 1067, the
previous question is ordered on the amendment offered by the gentleman
from Oregon (Mr. Blumenauer).
The question is on the amendment.
The question was taken; and the Speaker pro tempore announced that
the ayes appear to have it.
Mr. ADERHOLT. Mr. Speaker, on that I demand the yeas and nays.
The SPEAKER pro tempore. Pursuant to section 3 of House Resolution
965, the yeas and nays are ordered.
Pursuant to clause 8 of rule XX, further proceedings on this question
are postponed.
The Chair understands that amendment No. 133 will not be offered.
Amendment No. 148 Offered by Ms. Underwood
The SPEAKER pro tempore. It is now in order to consider amendment No.
148 printed in House Report 116-461.
Ms. UNDERWOOD. Mr. Speaker, I have an amendment at the desk.
The SPEAKER pro tempore. The Clerk will designate the amendment.
The text of the amendment is as follows:
At the end of division B (before the short title), insert
the following:
Sec. ___. None of the funds made available by this Act may
be used by the Department of Justice to argue, in the conduct
of any litigation to which the United States, or an agency or
officer thereof is a party, that any provision of the Patient
Protection and Affordable Care Act (Public Law 111-148; 124
Stat. 119) or of the Health Care and Education Reconciliation
Act of 2010 (Public Law 111-152), is unconstitutional or is
invalid or unenforceable on any ground, including that
certain provisions of the Patient Protection and Affordable
Care Act are not severable from section 5000A of that Act.
The SPEAKER pro tempore. Pursuant to House Resolution 1067, the
gentlewoman from Illinois (Ms. Underwood) and a Member opposed each
will control 5 minutes.
[[Page H4142]]
The Chair recognizes the gentlewoman from Illinois.
Ms. UNDERWOOD. Mr. Speaker, I yield myself such time as I may
consume.
Mr. Speaker, I rise today in support of my amendment, which will
prevent Federal funds from being used by the Department of Justice to
undermine the Affordable Care Act.
After Republicans failed in their dozens of attempts to repeal the
Affordable Care Act legislatively, they are now fighting in the courts
to overturn the law in its entirety. My amendment will stop them.
You see, if ACA is overturned, 23 million Americans would lose the
affordable care they depend on; prescription drug costs would increase
for seniors on Medicare; being a woman would once again be considered a
preexisting condition; insurance companies would cap the benefits and
kick children off their parents' plans before their 26th birthday; and
130 million Americans with preexisting conditions would lose their
protections.
We simply cannot go back to those days.
Affordable healthcare that covers preexisting conditions has always
been crucial, but it has never been more important than right now.
Today, over 4 million Americans have been diagnosed with the
coronavirus, a new preexisting condition. Over 30 million Americans
have lost their jobs, and over 5 million have lost their health
insurance at the worst possible time.
While this health and economic crisis has been unfolding, the Trump
administration will not stop until they destroy the Affordable Care
Act. Not even a once-in-a-generation global pandemic will keep them
from coming for your healthcare.
Well, not on my watch. As a nurse, and as an American with a
preexisting condition, I understand personally why we must fight this
with everything we have got: 130 million Americans depend on it.
Today, we fight for them as we send a crystal-clear message to the
Trump administration: Keep your hands off our healthcare.
Mr. Speaker, I reserve the balance of my time.
Mr. ADERHOLT. Mr. Speaker, I claim the time in opposition to the
amendment.
The SPEAKER pro tempore. The gentleman from Alabama is recognized for
5 minutes.
Mr. ADERHOLT. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, unfortunately, ObamaCare has been an unlawful failure.
Fortunately, this administration remains committed to providing more
affordable healthcare options to all Americans.
Debating the prospects of future judicial action will not help us
deliver on our promise to bring better healthcare to our constituents.
Congress needs to work, rather, on a bipartisan basis, with the
administration, to ensure quality, affordable care.
In addition, it is not appropriate for Congress to tell the executive
branch what positions it should take in court. Litigation strategy is
the responsibility and the prerogative of the Department of Justice.
The Attorney General, as the litigator for the United States, should
be able to advance what he believes are defensible and reasonable legal
positions. The Attorney General has concluded that the position of the
States challenging the ACA and the district court is a defensible and
reasonable legal position for the department to take.
Questions of the constitutionality should be determined by the
courts, not through a partisan debate on a funding limitation to an
appropriations bill, which we are doing this afternoon.
Therefore, Mr. Speaker, I would urge a ``no'' vote on this amendment,
and I reserve the balance of my time.
Ms. UNDERWOOD. Mr. Speaker, I yield 1 minute to the gentlewoman from
Kansas (Ms. Davids).
Ms. DAVIDS of Kansas. Mr. Speaker, I rise today in support of the
amendment introduced by Congresswoman Lauren Underwood, which would
prevent the Department of Justice from spending taxpayer dollars on a
lawsuit that would tear down the landmark Affordable Care Act.
To effectively fight the coronavirus, we have to make sure that every
person has access to affordable, quality healthcare. But even during a
global pandemic, when so many people are finding themselves without
health insurance, this administration is determined to eliminate every
last protection and benefit afforded by the ACA.
These benefits include allowing young adults to stay on their
parents' plan until age 26, ensuring women and men are charged the same
rates, and protecting people with preexisting conditions, things like
asthma and diabetes.
If this lawsuit is successful, 94,000 Kansans would lose their
healthcare coverage, people like Danny Robeson. I met Danny when he was
7. He lives in Prairie Village, in the district that I represent.
He was born prematurely, has cerebral palsy, epilepsy, and a cortical
vision impairment, health conditions that surely are considered
preexisting conditions. Without the protections of the ACA, his family
fears that they would go bankrupt and be unable to get Danny the care
he needs.
The SPEAKER pro tempore. The time of the gentlewoman has expired.
Ms. UNDERWOOD. Mr. Speaker, I yield an additional 15 seconds to the
gentlewoman.
Ms. DAVIDS of Kansas. Mr. Speaker, during this time of uncertainty,
no Kansan should have to worry about whether they will afford the care
that they or their families need to stay healthy.
We should build on the progress of the ACA, not tear it down.
I urge my fellow colleagues to support the amendment introduced by
Representative Underwood.
Mr. ADERHOLT. Mr. Speaker, I would oppose this amendment, and I yield
back the balance of my time.
Ms. UNDERWOOD. Mr. Speaker, I yield 1 minute to the gentlewoman from
Minnesota (Ms. Craig).
Ms. CRAIG. Mr. Speaker, I rise in support of this amendment.
Our work to lower healthcare costs for working families could not be
more urgent. I am here to say that we will not fund the
administration's attempts through litigation to threaten and tear down
the critical protections of the Affordable Care Act.
Fifty-one percent of the non-elderly in my district in Minnesota have
a preexisting condition and rely on the ACA's critical protections. If
the ACA were repealed, 35,000 of my constituents would lose healthcare
coverage.
To these Minnesotans, the results would be life-threatening and
financially devastating. We cannot allow that to happen. We need to
build on the ACA, not tear it down.
That is exactly why I introduced the bipartisan State Health Care
Premium Reduction Act to lower the costs of healthcare for those in the
individual marketplace, and it is why I am proud to support this
amendment today.
I urge my colleagues to join us in fighting to preserve and build
upon healthcare for millions of Americans.
Ms. UNDERWOOD. Mr. Speaker, I yield 45 seconds to the gentlewoman
from Iowa (Mrs. Axne).
Mrs. AXNE. Mr. Speaker, I am so pleased to cosponsor this amendment
today, to ensure that no taxpayer dollars go toward advancing a lawsuit
that literally threatens the livelihood of millions of Americans.
Mr. Speaker, since 2017, we have seen an administration obsessed with
undermining, sabotaging, and repealing a law that protects millions
living with preexisting conditions in this country.
As we end another month of a devastating health crisis that has taken
the lives of 150,000 Americans, they are doubling down and insisting--
and I quote their own words here--``the ACA must fall.''
This isn't only extraordinarily tone-deaf. It is playing politics
with the lives of people in this country, including Iowans.
The SPEAKER pro tempore. The time of the gentlewoman from Illinois
has expired.
The SPEAKER pro tempore. Pursuant to House Resolution 1067, the
previous question is ordered on the amendment offered by the
gentlewoman from Illinois (Ms. Underwood).
The question is on the amendment.
The question was taken; and the Speaker pro tempore announced that
the ayes appear to have it.
Ms. UNDERWOOD. Mr. Speaker, on that I demand the yeas and nays.
[[Page H4143]]
The SPEAKER pro tempore. Pursuant to section 3 of House Resolution
965, the yeas and nays are ordered.
Pursuant to clause 8 of rule XX, further proceedings on this question
are postponed.
Amendment No. 149 Offered by Mr. Walberg
The SPEAKER pro tempore. It is now in order to consider amendment No.
149 printed in House Report 116-461.
Mr. WALBERG. Mr. Speaker, I have an amendment at the desk.
The SPEAKER pro tempore. The Clerk will designate the amendment.
The text of the amendment is as follows:
At the end of division B (before the short title), insert
the following:
Sec. ___. None of the funds made available by this Act may
be used to carry out Order Number 3946-2017 of the Attorney
General, issued July 19, 2017.
The SPEAKER pro tempore. Pursuant to House Resolution 1067, the
gentleman from Michigan (Mr. Walberg) and a Member opposed each will
control 5 minutes.
The Chair recognizes the gentleman from Michigan.
Mr. WALBERG. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, I rise today to support my bipartisan amendment, which
would help provide critical protections for all Americans and their
right to due process under the Constitution.
My amendment would prohibit the use of funds for the Department of
Justice to implement its adoptive seizures policy. These forfeiture
adoptions provide a loophole that helps law enforcement evade stricter
laws governing civil asset forfeiture by seizing property and
transferring it to Federal authorities in exchange for up to 80 percent
of future proceeds.
{time} 1330
Now, while I support law enforcement and oppose the ridiculous idea
to defund law enforcement, for many years I have worked in a bipartisan
way to highlight civil asset forfeiture abuses and call for reform to
the practice. And I thank my colleagues, Representatives Raskin, Amash,
Rush, Gabbard, and McClintock, for joining me on this bipartisan effort
today.
The Department of Justice Assets Forfeiture Fund contains proceeds
from equitable sharing agreements between the Federal Government and
local law enforcement. These arrangements create perverse incentives to
seek out forfeiture opportunities, and it is used to circumvent State-
enacted--like Michigan's--civil asset forfeiture reforms.
In recent years, we have learned of a growing number of instances
across the United States where the government has confiscated property
from citizens and small businesses without any criminal conviction or
any criminal charges being brought. Moreover, civil forfeiture
disproportionately affects minorities and individuals who cannot afford
to represent themselves.
Mr. Speaker, current civil forfeiture practices are deeply unpopular
with the public, and there is strong bipartisan support for reform. As
such, proponents for reforming forfeiture practices include a broad
coalition, like the ACLU, FreedomWorks, the NAACP, and Americans for
Prosperity.
Mr. Speaker, the current civil asset forfeiture system is ripe for
abuse and has undermined the constitutional rights of far too many
Americans. This amendment has already passed the House twice by voice
vote. I ask my colleagues to once again support this bipartisan
amendment and protect the right of due process for all Americans.
Mr. Speaker, I reserve the balance of my time.
Ms. GABBARD. Mr. Speaker, I ask unanimous consent to claim the time
in opposition, although I do not oppose the amendment.
Mr. ADERHOLT. Mr. Speaker, I am opposing the amendment.
The SPEAKER pro tempore. As a Member in true opposition, the
gentleman from Alabama is recognized for 5 minutes.
Mr. ADERHOLT. Mr. Speaker, I rise to oppose this amendment.
While I greatly respect the gentleman from Michigan and I know that
he feels very strongly about this issue, this amendment would reverse
the July 2017 order from the Attorney General, Jeff Sessions, which
included safeguards to ensure adoptive seizures that are legal and
conform to the Department of Justice policy.
Adoptive seizures allow the Federal Government to recover funds that
are proceeds of or connected to Federal crimes, but where property
happens to be discovered by local law enforcement. Moreover, this type
of Federal and local cooperation fosters important collaboration
between agents and officers.
We should not return hastily to the Obama administration policy but,
rather, continue to review carefully the practice of forfeiture
adoption as part of the broader discussion of asset forfeiture reform.
Violent crime, gangs, and drug trafficking are a growing and
continuing problem across this Nation. We should not take away from law
enforcement a tool they need to combat criminal groups and to make our
streets safer.
So, again, we would love to work with the gentleman on this, but I
would have to recommend a ``no'' on this amendment.
Mr. Speaker, I reserve the balance of my time.
Mr. WALBERG. Mr. Speaker, I yield as much time as she may consume to
the gentlewoman from Hawaii (Ms. Gabbard).
Ms. GABBARD. Mr. Speaker, I commend my colleague from Michigan for
his leadership on this very important bipartisan issue.
There should not be much dispute around the constitutional basis for
the need of this change. In plain language, civil forfeiture basically
allows police to seize, keep, or sell any property they allege is
involved with a crime. Owners of that property may never be arrested or
convicted of a crime, but they will see their money or their cars or
their homes be promptly taken away permanently.
Now, in 2017, the Department of Justice expanded civil asset
forfeiture, allowing local law enforcement to bypass State laws and
seize property from people with the lowest possible burden of evidence,
again, regardless of whether or not that person was ever convicted or
even charged with a crime.
Furthermore, it puts the burden of proof on the private citizen to go
through the bureaucracy and the red tape to attempt to reclaim their
property, which is extremely difficult to do. This violates the very
principle of our justice system: innocent until proven guilty.
It is a violation of the Fifth Amendment, which says: ``No person
shall be deprived of life, liberty, or property, without due process of
law; nor shall private property be taken for public use without just
compensation.''
Mr. Speaker, this is a commonsense, bipartisan measure. I am proud to
stand in strong support and urge my colleagues to vote ``yes.''
Mr. WALBERG. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, I would just remind my colleagues that the current
forfeiture system is ripe for abuse, and it has undermined the
constitutional rights of far too many Americans. This amendment has
already passed the House twice by voice vote. We support it here.
Mr. Speaker, I ask my colleagues to once again support this
bipartisan amendment and protect the right of due process for all
Americans.
Mr. Speaker, I yield back the balance of my time.
Mr. ADERHOLT. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, I again want to oppose this amendment, and I firmly
believe we should not take away from law enforcement a tool that they
need to combat criminal groups and make our streets safer.
Mr. Speaker, I recommend a ``no'' vote, and I yield back the balance
of my time.
The SPEAKER pro tempore. Pursuant to House Resolution 1067, the
previous question is ordered on the amendment offered by the gentleman
from Michigan (Mr. Walberg).
The question is on the amendment.
The amendment was agreed to.
A motion to reconsider was laid on the table.
Amendments En Bloc No. 4 Offered by Mr. Visclosky of Indiana
Mr. VISCLOSKY. Mr. Speaker, pursuant to House Resolution 1067, I
offer amendments en bloc.
The SPEAKER pro tempore. The Clerk will designate the amendments en
bloc.
Amendments en bloc No. 4 consisting of amendment Nos. 150, 153, 156,
157, 159,
[[Page H4144]]
160, 161, 163, 164, 169, 170, 171, 172, 174, 175, 176, 178, 180, 182,
183, 184, 187, 190, 191, 192, 193, 195, 197, 199, 200, 202, 204, 206,
212, 217, 220, 223, 226, 227, 229, 230, 231, 232, 233, 236, 238, 240,
243, 244, 245, 246, 247, 250, 251, 252, 254, 255, 257, 258, 261, 262,
263, 265, 266, 267, 271, 272, 273, 274, 275, 276, 277, 279, 280, 281,
282, 285, 287, 289, 290, 291, 293, 294, 295, 300, 304, 305, 306, 310,
311, 314, 315, 316, 317, 318, 319, 321, 324, 328, 329, 330, 336, 337,
338, and 340, printed in part B of House Report 116-461, offered by Mr.
Visclosky of Indiana:
Amendment No. 150 Offered by Ms. Waters of California
At the end of division B (before the short title), insert
the following:
Sec. ___. None of the funds made available by this Act may
be used in contravention of section 547 of title 28, United
States Code.
Amendment No. 153 Offered by Mr. Bergman of Michigan
Page 303, line 10 after the dollar amount, insert
``(increased by $5,000,000)''.
Page 304 line 7, after the dollar amount, insert ``(reduced
by $5,000,000)''.
Amendment No. 156 Offered by Mr. Cooper of Tennessee
Page 300, line 5, after the dollar amount, insert
``(increased by $1,300,000) (reduced by $1,300,000)''.
Amendment No. 157 Offered by Mrs. Dingell of Michigan
Page 343, line 4, after the dollar amount, insert
``(reduced by $3,000,000) (increased by $3,000,000)''.
Amendment No. 159 Offered by Mrs. Fletcher of Texas
Page 325, line 18, after the dollar amount, insert
``(reduced by $10,000,000) (increased by $10,000,000)''.
Amendment No. 160 Offered by Mr. Gianforte of Montana
Page 311, line 10, after the first dollar amount, insert
``(reduced by $25,000,000) (increased by $25,000,000)''.
Amendment No. 161 Offered by Mr. Gosar of Arizona
Page 323, line 7, after the dollar amount, insert
``(increased by $600,000)''.
Page 325, line 18, after the dollar amount, insert
``(increased by $2,500,000)''.
Page 331, line 24, after the dollar amount, insert
``(decreased by $3,100,000)''.
amendment no. 163 offered by mr. gosar of arizona
Page 324, line 3, after the dollar amount, insert
``(increased by $5,000,000)''.
Page 331, line 24, after the dollar amount, insert
``(reduced by $5,000,000)''.
amendment no. 164 offered by mr. gosar of arizona
Page 328, line 23, after the dollar amount, insert
``(increased by $5,000,000)''.
Page 331, line 24, after the dollar amount, insert
``(reduced by $5,000,000)''.
amendment no. 169 offered by mr. lipinski of illinois
Page 328, line 23, after the dollar amount, insert
``(reduced by $25,000,000) (increased by $25,000,000)''.
amendment no. 170 offered by mr. loebsack of iowa
Page 323, line 7, after the dollar amount, insert
``(increased by $5,000,000) (reduced by $5,000,000)''.
amendment no. 171 offered by mr. lujan of new mexico
Page 331, line 24, after the dollar amount, insert
``(reduced by $1,000,000) (increased by $1,000,000)''.
amendment no. 172 offered by mr. lynch of massachusetts
Page 300, line 22, after the first dollar amount, insert
``(increased by $10,000,000) (decreased by $10,000,000)''.
amendment no. 174 offered by mr. mcadams of utah
Page 310, line 6, after the dollar amount, insert
``(increased by $5,000,000)''.
Page 314, line 18, after the dollar amount, insert
``(decreased by $6,000,000)''.
amendment no. 175 offered by mr. mcadams of utah
Page 323, line 7, after the dollar amount, insert
``(increased by $2,000,000)''.
Page 331, line 24, after the dollar amount, insert
``(decreased by $2,000,000)''.
amendment no. 176 offered by mr. mckinley of west virginia
Page 331, line 24, after the dollar amount, insert
``(reduced by $5,000,000)''.
Page 325, line 18, after the dollar amount, insert
``(increased by $5,000,000)''.
amendment no. 178 offered by mr. morelle of new york
Page 333, line 15, after the dollar amount insert
``(reduced by $1,000,000) (increased by $1,000,000)''.
amendment no. 180 offered by mr. perry of pennsylvania
Page 323, line 7, after the dollar amount, insert
``(increased by $1,000,000)''.
Page 331, line 24, after the dollar amount, insert
``(reduced by $1,000,000)''.
amendment no. 182 offered by mr. scalise of louisiana
Page 323, line 7, after the dollar amount, insert
``(increased by $1,000,000) (reduced by $1,000,000)''.
amendment no. 183 offered by mr. scott of virginia
Page 328, line 23, after the first dollar amount, insert
``(reduced by $7,000,000) (increased by $7,000,000)''.
amendment no. 184 offered by mr. scott of virginia
Page 300, line 22, after the first dollar amount, insert
``(reduced by $78,300,000) (increased by $78,300,000)''.
amendment no. 187 offered by mr. swalwell of california
Page 335, line 13, after the dollar amount, insert
``(increased by $10,000,000) (reduced by $10,000,000)''.
amendment no. 190 offered by mrs. wagner of missouri
Page 300, line 22, after the dollar amount, insert
``(increased by $20,000,000) (reduced by $20,000,000)''.
amendment no. 191 offered by mr. weber of texas
Page 325, line 2, after the first dollar amount, insert
``(reduced by $235,000,000) (increased by $235,000,000)''.
amendment no. 192 offered by mr. welch of vermont
Page 300, line 22, after the dollar amount, insert
``(increased by $7,000,000) (reduced by $7,000,000)''.
amendment no. 193 offered by mr. young of alaska
Page 323, line 7, after the dollar amount, insert
``(reduced by $150,000,000) (increased by $150,000,000)''.
amendment no. 195 offered by mr. cisneros of california
Page 471, line 14, after the dollar amount, insert
``(reduced by $5,000,000)''.
Page 473, line 20, after the dollar amount, insert
``(reduced by $5,000,000)''.
Page 497, line 21, after the dollar amount, insert
``(increased by $5,000,000)''.
Page 497, line 22, after the dollar amount, insert
``(increased by $5,000,000)''.
amendment no. 197 offered by mr. fitzpatrick of pennsylvania
Page 471, line 14, after the dollar amount, insert
``(reduced by $8,025,000)''.
Page 473, line 20, after the dollar amount, insert
``(reduced by $8,025,000)''.
Page 487, line 4, after the dollar amount, insert
``(increased by $8,025,000)''.
amendment no. 199 offered by mr. graves of louisiana
Page 500, line 13, after the dollar amount, insert
``(increased by $1,000,000) (reduced by $1,000,000)''.
amendment no. 200 offered by mr. guest of mississippi
Page 405, line 8, after the dollar amount, insert
``(increased by $1,000,000)''.
Page 407, line 16, after the dollar amount, insert
``(increased by $1,000,000)''.
Page 471, line 14, after the dollar amount, insert
``(reduced by $1,000,000)''.
Page 473, line 20, after the dollar amount, insert
``(reduced by $1,000,000)''.
amendment no. 202 offered by mr. krishnamoorthi of illinois
At the end of division D (before the short title), insert
the following:
Sec. 901. None of the funds made available by this Act may
be used in violation of section 102-38.75(a)(12) of title 41,
Code of Federal Regulations.
amendment no. 204 offered by mrs. lesko of arizona
Page 581, line 20, after the dollar amount, insert
``(reduced by $90,000,000) (increased by $90,000,000)''.
amendment no. 206 offered by ms. carolyn b. maloney of new york
At the end of division D (before the short title), insert
the following:
Sec. 901. None of the funds made available by this Act may
be used by the United States Postal Service to implement the
Expedited to Street/Afternoon Sortation pilot program or to
make any change to service or operations standards as in
effect on July 31, 2020.
amendment no. 212 offered by ms. spanberger of virginia
Page 410, line 8, after the dollar amount insert ``(reduced
by $1,000,000) (increased by $1,000,000)''.
amendment no. 217 offered by mr. zeldin of new york
At the end of division D (before the short title), insert
the following:
Sec. 901. None of the funds appropriated by this Act may
be used to enforce section 540 of Public Law 110-329 (122
Stat. 3688) or section 538 of Public Law 112-74 (125 Stat.
976; 6 U.S.C. 190 note).
amendment no. 220 offered by mr. bera of california
Page 812, line 23, after the dollar amount, insert
``(increased by $500,000) (reduced by $500,000)''.
Page 812, line 24, after the dollar amount, insert
``(increased by $500,000) (reduced by $500,000)''.
Amendment No. 223 Offered by Mr. Beyer of Virginia
Page 831, line 18, after the dollar amount, insert
``(increased by $500,000) (reduced by $500,000)''.
Amendment No. 226 Offered by Mr. Burgess of Texas
Page 886, line 18, after the dollar amount insert
``(increased by $100,000,000) (reduced by $100,000,000)''.
[[Page H4145]]
Amendment No. 227 Offered by Mr. Cardenas of California
Page 756, line 7, after the dollar amount, insert
``(increased by $1,000,000)''.
Page 756, line 8, after the dollar amount, insert
``(increased by $1,000,000)''.
Page 780, line 11, after the first dollar amount, insert
``(reduced by $1,000,000)''.
Amendment No. 229 Offered by Mr. Crow of Colorado
Page 815, line 17, after the dollar amount, insert
``(increased by $1,000,000)''.
Amendment No. 230 Offered by Mr. Danny K. Davis of Illinois
Page 742, line 7, after the dollar amount, insert
``(increased by $2,000,000)''.
Page 780, line 11, after the first dollar amount, insert
``(reduced by $ 2,000,000)''.
Amendment No. 231 Offered by Mr. DeSaulnier of California
Page 715, line 13, after the first dollar amount, insert
``(reduced by $2,000,000) (increased by $2,000,000)''.
Amendment No. 232 Offered by Mr. DeSaulnier of California
Page 814, line 24, after the first dollar amount, insert
``(increased by $1,000,000)''.
Page 815, line 2, after the dollar amount, insert
``(increased by $1,000,000)''.
Page 831, line 18, after the dollar amount, insert
``(reduced by $1,000,000)''.
Amendment No. 233 Offered by Ms. Escobar of Texas
Page 756, line 7, after the dollar amount, insert
``(increased by $1,000,000) (reduced by $1,000,000)''.
Amendment No. 236 Offered by Mr. Espaillat of New York
Page 748, line 20, after the dollar amount, insert
``(reduced by $10,000,000) (increased by $10,000,000)''.
Amendment No. 238 Offered by Mr. Espaillat of New York
Page 815, line 25, after the dollar amount, insert
``(reduced by $10,000,000) (increased by $10,000,000)''.
Amendment No. 240 Offered by Mrs. Finkenauer of Iowa
Page 756, line 7, after the dollar amount, insert
``(increased by $5,000,000)''.
Page 757, line 15, after the dollar amount, insert
``(increased by $5,000,000)''.
Page 780, line 11, after the first dollar amount, insert
``(reduced by $5,000,000)''.
Amendment No. 243 Offered by Mr. Gomez of California
Page 751, line 15, after the dollar amount, insert
``(increased by $5,000,000)''.
Page 780, line 11, after the first dollar amount, insert
``(reduced by $5,000,000)''.
Amendment No. 244 Offered by Mr. Gomez of California
Page 730, line 13, after the dollar amount, insert
``(increased by $5,000,000)''.
Page 780, line 11, after the first dollar amount, insert
``(reduced by $6,000,000)''.
Amendment No. 245 Offered by Mr. Gottheimer of New Jersey
Page 742, line 15, after the dollar amount, insert
``(reduced by $1,000,000) (increased by $1,000,000)''.
Amendment No. 246 Offered by Mr. Gottheimer of New Jersey
Page 889, line 7, after the dollar amount, insert
``(reduced by $1,000,000) (increased by $1,000,000)''.
Amendment No. 247 Offered by Mr. Hastings of Florida
Page 814, line 24, after the first dollar amount, insert
``(increased by $500,000)''.
Page 814, line 24, after the second dollar amount, insert
``(increased by $500,000)''.
Page 831, line 18, after the dollar amount, insert
``(reduced by $500,000)''.
Amendment No. 250 Offered by Mr. Hudson of North Carolina
Page 811, line 17, after the first dollar amount, insert
``(increased by $1,000,000)''.
Page 811, line 17, after the second dollar amount, insert
``(increased by $1,000,000)''.
Page 831, line 18, after the first dollar amount, insert
``(reduced by $1,000,000)''.
Amendment No. 251 Offered by Ms. Jackson Lee of Texas
Page 748, line 10, after the first dollar amount, insert
``(reduced by $10,000,000) (increased by $10,000,000)''.
Amendment No. 252 Offered by Ms. Jackson Lee of Texas
Page 827, line 8, after the first dollar amount, insert
``(reduced by $10,000,000) (increased by $10,000,000)''.
Amendment No. 254 Offered by Mr. Keating of Massachusetts
Page 731, line 2, after the dollar amount, insert
``(increased by $5,000,000)''.
Page 780, line 11, after the first dollar amount, insert
``(reduced by $5,000,000)''.
Amendment No. 255 Offered by Mr. Keating of Massachusetts
Page 750, line 16, after the dollar amount, insert
``(increased by $2,000,000)''.
Page 780, line 11, after the first dollar amount, insert
``(reduced by $2,000,000)''.
Amendment No. 257 Offered by Mrs. Lee of Nevada
Page 815, line 15, after the dollar amount, insert
``(increased by $1,000,000)''.
Page 815, line 20, after the dollar amount, insert
``(increased by $1,000,000)''.
Page 831, line 18, after the dollar amount, insert
``(reduced by $1,000,000)''.
Amendment No. 258 Offered by Mrs. Lee of Nevada
Page 731, line 2, after the dollar amount, insert
``(increased by $1,000,000)''.
Page 780, line 11, after the first dollar amount, insert
``(reduced by $1,000,000)''.
amendment no. 261 offered by mr. lujan of new mexico
Page 756, line 7, after the dollar amount, insert
``(increased by $8,000,000)''.
Page 780, line 11, after the first dollar amount, insert
``(reduced by $8,000,000)''.
amendment no. 262 offered by mr. sean patrick maloney of new york
Page 854, line 20, after the dollar amount, insert
``(reduced by $10,000,000) (increased by $10,000,000)''.
amendment no. 263 offered by mr. mcadams of utah
Page 780, line 11, after the first dollar amount, insert
``(reduced by $4,000,000)''.
Page 756, line 7, after the dollar amount, insert
``(increased by $4,000,000)''.
amendment no. 265 offered by mrs. mcbath of georgia
Page 771, line 23, after the first dollar amount insert
``(increased by $5,000,000)''.
Page 775, line 16, after the dollar amount insert
``(increased by $5,000,000)''.
Page 780, line 11, after the first dollar amount, insert
``(reduced by $5,000,000)''.
amendment no. 266 offered by mr. mckinley of west virginia
Page 758, line 6, after the dollar amount, insert
``(increased by $1,000,000)''.
Page 780, line 11, after the first dollar amount, insert
``(reduced by $1,000,000)''.
amendment no. 267 offered by mr. mckinley of west virginia
Page 758, line 6, after the dollar amount, insert
``(increased by $1,000,000)''.
Page 780, line 11, after the first dollar amount, insert
``(reduced by $1,000,000)''.
amendment no. 271 offered by mr. norcross of new jersey
At the end of division F (before the short title) insert
the following:
Sec. __. For ``Department of Health and Human Services--
Office of the Secretary--public health and social services
emergency fund'' for a military and civilian partnership for
trauma readiness grant program, as authorized by section 1291
of the Public Health Service Act (42 U.S.C. 300d-91), there
is hereby appropriated, and the amount otherwise provided by
this Act for ``Department of Health and Human Services--
office of the Secretary--general departmental management'' is
hereby reduced by, $11,500,000.
amendment no. 272 offered by ms. omar of minnesota
Page 741, line 16, after the dollar amount, insert
``(increased by $1,000,000)''.
Page 780, line 11, after the first dollar amount, insert
``(reduced by $1,000,000)''.
amendment no. 273 offered by mr. panetta of california
Page 812, line 23, after the dollar amount, insert
``(reduced by $1,000,000) (increased by $1,000,000)''.
amendment no. 275 offered by mr. pascrell of new jersey
Page 780, line 11, after the first dollar amount, insert
``(reduced by $1,000,000)''.
Page 742, line 22, after the first dollar amount, insert
``(increased by $1,000,000)''.
amendment no. 274 offered by mr. pappas of new hampshire
Page 752, line 24, after the dollar amount, insert
``(reduced by $4,000,000) (increased by $4,000,000)''.
amendment no. 281 offered by ms. pressley of massachusetts
Page 749, line 24, after the dollar amount, insert
``(increased by $5,000,000)''.
Page 780, line 11, after the first dollar amount, insert
``(reduced by $5,000,000)''.
amendment no. 276 offered by mr. perlmutter of colorado
Page 710, line 10, after the dollar amount, insert
``(increased by $2,000,000)''.
amendment no. 277 offered by mr. perlmutter of colorado
Page 710, line 10, after the dollar amount, insert
``(increased by $300,000)''.
amendment no. 279 offered by ms. porter of california
Page 734, line 9, after the dollar amount insert
``(increased by $500,000)''.
Page 734, line 14, after the dollar amount insert
``(increased by $500,000)''.
Page 780, line 11, after the first dollar amount insert
``(reduced by $500,000)''.
amendment no. 280 offered by ms. porter of california
Page 827, line 8, after the first dollar amount, insert
``(increased by $500,000)''.
Page 831, line 18, after the dollar amount, insert
``(reduced by $500,000)''.
amendment no. 282 offered by mr. richmond of louisiana
Page 812, line 23, after the dollar amount, insert
``(increased by $1,000,000) (reduced by $1,000,000)''.
Page 814, line 9, after the dollar amount, insert
``(increased by $1,000,000) (reduced by $1,000,000)''.
amendment no. 285 offered by ms. schrier of washington
Page 888, line 6, after the dollar amount insert
``(increased by $200,000,000) (reduced by $200,000,000)''.
amendment no. 287 offered by ms. sherrill of new jersey
Page 750, line 19, after the dollar amount, insert
``(increased by $5,000,000)''.
[[Page H4146]]
Page 780, line 11, after the first dollar amount, insert
``(reduced by $5,000,000)''.
amendment no. 289 offered by mr. smith of new jersey
Page 741, line 6, after the dollar amount, insert
``(increased by $4,000,000)''.
Page 780, line 11, after the first dollar amount, insert
``(reduced by $4,000,000)''.
amendment no. 290 offered by mr. smith of missouri
Page 780, line 11, after the first dollar amount, insert
``(reduced by $1,000,000) (increased by $1,000,000)''.
amendment no. 291 offered by ms. speier of california
Page 742, line 22, after the first dollar amount, insert
``(increased by $5,250,000)''.
Page 780, line 11, after the first dollar amount, insert
``(reduced by $5,250,000)''.
amendment no. 293 offered by mr. stauber of minnesota
Page 756, line 7, after the dollar amount, insert
``(increased by $2,869,000)''.
Page 760, line 14, after the dollar amount, insert
``(reduced by $2,869,000)''.
amendment no. 294 offered by ms. stevens of michigan
Page 742, line 22, after the first dollar amount, insert
``(reduced by $5,000,000) (increased by $5,000,000)''.
amendment no. 295 offered by mr. taylor of texas
Page 730, line 13, after the dollar amount, insert
``(reduced by $1,000,000) (increased by $1,000,000)''.
amendment no. 300 offered by mr. trone of maryland
Page 756, line 7, after the dollar amount, insert
``(increased by $1,000,000)''.
Page 780, line 11, after the first dollar amount, insert
``(reduced by $1,000,000)''.
amendment no. 304 offered by ms. waters of california
Page 780, line 15, insert after the dollar amount
``(increased by $5,000,000)''.
amendment no. 305 offered by ms. waters of california
Page 741, line 16, insert after the dollar amount
``(increased by $5,000,000)''.
Page 780, line 11, insert after the first dollar amount
``(decreased by $5,000,000)''.
amendment no. 306 offered by ms. waters of california
Page 734, line 9, insert after the dollar amount
``(increased by $5,000,000)''.
Page 780, line 11, insert after the first dollar amount
``(decreased by $5,000,000)''.
amendment no. 310 offered by ms. adams of north carolina
Page 892, line 15, after the first dollar amount, insert
``(reduced by $2,000,000)''.
Page 893, line 1, after the first dollar amount, insert
``(reduced by $2,000,000)''.
Page 970, line 9, after the first dollar amount, insert
``(increased by $2,000,000)''.
amendment no. 311 offered by mr. bera of california
Page 1057, line 20, after the dollar amount, insert
``(reduced by $1,000,000) (increased by $1,000,000)''.
amendment no. 314 offered by ms. escobar of texas
Page 926, line 11, after the dollar amount, insert
``(increased by $1,000,000) (reduced by $1,000,000)''.
amendment no. 315 offered by ms. gabbard of hawaii
Page 907, beginning on line 2, strike ``Provided further,''
and all that follows through ``cost share:'' on line 7.
amendment no. 316 offered by mr. gosar of arizona
Page 920, line 15, after the dollar amount, insert
``(increased by $5,000,000) (reduced by $5,000,000)''.
amendment no. 317 offered by mr. graves of louisiana
At the end of division G (before the short title), insert
the following:
Sec. 5__. None of the funds made available by this Act to
the Department of Housing and Urban Development may be used
in contravention of section 1210 of the FAA Reauthorization
Act of 2018 (Public Law 115-254; 132 Stat. 3442) or the
amendments made by such section or of section 312 of the
Robert T. Stafford Disaster Relief and Emergency Assistance
Act (42 U.S.C. 5155).
amendment no. 318 offered by mr. heck of washington
Page 998, line 12, after the dollar amount, insert
``(reduced by $2,000,000)''.
Page 999, line 12, after the dollar amount, insert
``(reduced by $3,000,000)''.
Page 999, line 21, after the dollar amount, insert
``(reduced by $3,000,000)''.
Page 1033, line 11, after the dollar amount, insert
``(increased by $5,000,000)''.
Page 1035, line 24, after the dollar amount, insert
``(increased by $5,000,000)''.
amendment no. 319 offered by ms. jackson lee of texas
Page 895, line 4, after the first dollar amount, insert
``(reduced by $2,000,000) (increased by $2,000,000)''.
amendment no. 321 offered by ms. jackson lee of texas
Page 954, line 4, after the dollar amount, insert
``(reduced by $1,000,000)(increased by $1,000,000)''.
amendment no. 324 offered by mr. lamb of pennsylvania
Page 1001, line 25, after the dollar amount insert
``(reduced by $1,000,000)''.
Page 1002, line 8, after the dollar amount insert
``(reduced by $1,000,000)''.
Page 1060, line 23, after the dollar amount insert
``(increased by $1,000,000)''.
amendment no. 328 offered by mr. malinowski of new jersey
Page 968, line 5, after the dollar amount, insert
``(reduced by $1,500,000)''.
Page 968, line 13, after the dollar amount, insert
``(increased by $1,500,000)''.
Amendment No. 329 Offered by Mr. McGovern of Massachusetts
Page 999, line 12, after the dollar amount insert
``(reduced by $3,000,000)''.
Page 999, line 21, after the dollar amount insert
``(reduced by $3,000,000)''.
Page 1022, line 7, after the dollar amount insert
``(increased by $3,000,000)''.
Page 1025, line 24, after the dollar amount insert
``(increased by $3,000,000)''.
Amendment No. 330 Offered by Mr. Neguse of Colorado
Page 917, line 11, after the dollar amount, insert
``(reduced by $1,000,000) (increased by $1,000,000)''.
Amendment No. 336 Offered by Mr. Spano of Florida
Page 912, line 19, after the dollar amount, insert
``(increased by $5,483,000)''.
Page 912, line 21, after the dollar amount, insert
``(reduced by $5,483,000)''.
Amendment No. 337 Offered by Mr. Stanton of Arizona
Page 897, line 10, insert ``, including Tribal areas''
after ``rural areas''.
Amendment No. 338 Offered by Mr. Stauber of Minnesota
Page 985, line 10, after the first dollar amount, insert
``(reduced by $1,000,000) (increased by $1,000,000)''.
Amendment No. 340 Offered by Ms. Wexton of Virginia
Page 916, line 14, after the first dollar amount, insert
``(reduced by $9,000,000)(increased by $9,000,000)''.
The SPEAKER pro tempore. Pursuant to House Resolution 1067, the
gentleman from Indiana (Mr. Visclosky) and the gentleman from
California (Mr. Calvert) each will control 15 minutes.
The Chair recognizes the gentleman from Indiana.
Mr. VISCLOSKY. Mr. Speaker, I yield 1 minute to the gentleman from
Illinois (Mr. Danny K. Davis).
Mr. DANNY K. DAVIS of Illinois. Mr. Speaker, I thank Representative
Michael Burgess, who has been my bipartisan partner in this effort to
affect positively those individuals who suffer from sickle cell anemia.
The Davis-Burgess amendment will add $2 million to the Centers for
Disease Control's National Center for Birth Defects and Developmental
Disabilities' Public Health Approach to Blood Disorders account to fund
a surveillance program in sickle cell disease and reduce the
administration account in the Office of the Secretary of Health and
Human Service's account by a similar amount.
This same bipartisan amendment was offered last year by me,
Representative Burgess, Representative Butterfield, and passed a roll
call vote of 410-12, 410 yes, 12 noes.
I urge passage because what it does is set up a separate account for
sickle cell anemia in the National Institutes of Health. It has no
bearing on the budget, and I urge passage.
Mr. CALVERT. Mr. Speaker, I have no objection to this en bloc
amendment.
I yield 1 minute to the gentleman from Ohio (Mr. Balderson).
Mr. BALDERSON. Mr. Speaker, I rise today in support of an amendment I
offered alongside Representatives Cisneros, Larsen, and Young. This
amendment would increase funding to Small Business Development Centers
by $5 million by fiscal year 2021.
SBDCs provide a critical resource to small business owners and
entrepreneurs who use the centers for free consulting and at-cost
trainings. SBDCs have a return on investment of over two to one, and
last year they helped generate $7 billion in new sales. It will be even
more valuable as our small businesses recover from this pandemic.
As a Member of the House Small Business Committee, I have seen
firsthand how effective SBDCs can be for our Nation's economic engine.
Now, more than ever, we need to strengthen our support for small
business programs.
Mr. Speaker, I ask my colleagues to join me in voting ``yes'' on this
amendment and support Main Streets across America.
Mr. VISCLOSKY. Mr. Speaker, I yield 1 minute to the gentleman from
Virginia (Mr. Scott), the chair of the Committee on Education and
Labor.
[[Page H4147]]
Mr. SCOTT of Virginia. Mr. Speaker, I rise in support of my two
amendments to H.R. 7617.
My first amendment is offered with Virginia Representatives Wittman,
Luria, and Beyer and reflects the need to adequately fund the important
work done at Jefferson Lab.
JLab conducts primary research in subatomic particles, but the $2
million included in this year's bill falls short of the $9 million
needed to move forward with the renovation and expansion to JLab, which
the Department of Energy has already approved.
I also rise in support of my amendment offered with Virginia
Representatives Wittman, McEachin, Luria, Spanberger, and Wexton in
regard to the urgent need for robust funding for the U.S. Corps of
Engineers for coastal construction projects. The Port of Virginia and
the Corps of Engineers have already undertaken the dredging, widening,
and deepening of the Norfolk Harbor to enable safe and efficient two-
way passage of the new larger container ships. The project will require
additional funds and a New Start designation to keep the projected
timeline intact.
I urge my colleagues to join me in supporting additional funding to
keep both of these essential projects moving forward and on schedule.
Mr. CALVERT. Mr. Speaker, I yield 1 minute to the gentleman from New
York (Mr. Zeldin).
Mr. ZELDIN. Mr. Speaker, I thank the ranking member for yielding.
I rise today in support of my bipartisan amendment to halt the sale
and marketing of Plum Island, New York, by the General Services
Administration.
Situated at the gateway of the Long Island Sound, Plum Island is
treasured by our local community in both New York and Connecticut.
Since World War II, Plum Island has been utilized as a research
laboratory. In 2005, the Department of Homeland Security, which
currently has jurisdiction over the island, announced that the Animal
Disease Center would be moved to a new Federal facility in Kansas.
To offset the cost of this relocation, a law was enacted in 2008 that
called for the sale of Plum Island to the highest bidder.
However, according to a DHS report issued in April 2016, the new site
in Kansas is already fully paid for through a combination of Federal
appropriations and funding from the State of Kansas.
The current law is the wrong path forward. The better way is to
provide for public access, permanent preservation of Plum Island, and
continued use of the state-of-the-art research infrastructure.
That is why I have been working with my colleague from Connecticut,
Congressman Joe Courtney, and a bipartisan coalition of lawmakers
from both sides of Long Island Sound to repeal this flawed mandate.
Mr. Speaker, I urge my colleagues' support.
{time} 1345
Mr. VISCLOSKY. Mr. Speaker, I yield 1 minute to the gentleman from
Iowa (Mr. Loebsack).
Mr. LOEBSACK. Mr. Speaker, I thank the gentleman for yielding.
Mr. Speaker, I rise in support of this en bloc package, which
includes my amendment to increase investment of distributed wind
technologies and research within the Department of Energy's Wind Energy
Program.
Distributed wind is the use of typically smaller wind turbines owned
primarily by rural and local entities, such as homes, farms,
businesses, and public facilities to offset all or a portion of onsite
energy consumption.
This type of energy production strengthens American communities by
helping them become more energy independent while lowering costs for
consumers. Distributed wind also strengthens domestic manufacturing,
and, in fact, American-made wind turbines can be found in well over 100
countries around the world.
The funding provided over the past few fiscal years has helped
unleash distributed wind power's vast potential, but continued
investment is needed to support the critical research and development
that will further reduce costs and maximize the benefits of distributed
wind power.
Mr. Speaker, I encourage my colleagues to support this amendment.
Mr. CALVERT. Mr. Speaker, I yield 1 minute to the gentleman from
Missouri (Mr. Smith).
Mr. SMITH of Missouri. Mr. Speaker, I thank the gentleman for
yielding.
I rise today in support of my amendment that requires the Secretary
of Health and Human Services to coordinate with the heads of the
relevant agencies to compile a list of critical medications the Federal
Government should ensure are readily available in the event of another
public health emergency.
In recent decades, the United States has become more reliant on
foreign countries for the production of general pharmaceutical drugs.
Today, only a small portion of generic drugs are produced in the United
States. That is one thing that the coronavirus pandemic has taught us
is that we should not be reliant on our adversaries for our generic
drugs.
Hostile authoritarian regimes like the Chinese Communist Party should
never have the ability to decide the drugs that American people have
access to. We cannot allow China to hold American lives in its hands.
My amendment will ensure we are properly informed about our
pharmaceutical supply chains.
The SPEAKER pro tempore. The time of the gentleman has expired.
Mr. VISCLOSKY. Mr. Speaker, I yield 1 minute to the gentleman from
Washington (Mr. Heck).
Mr. HECK. Mr. Speaker, I rise today in support of the en bloc group
of amendments including mine, bipartisan amendment No. 318, to increase
funding for the Indian Community Development Block Grant.
This is about creating jobs and addressing housing needs in Indian
Country.
For far too long, native communities have experienced poverty and
overcrowded, dilapidated housing at a rate much higher than the rest of
the Nation.
My bipartisan amendment would help Tribes address these longstanding
challenges by increasing funding for the Indian Community Development
Block Grant by $5 million.
Boosting funding for this program is a small yet meaningful step to
improve housing and economic opportunities in Indian Country.
But we can't stop there. We must continue our work to improve housing
in native communities.
I thank Representatives Young, Haaland, Moore, Gabbard, and Huffman
for cosponsoring this amendment.
Mr. Speaker, I urge its adoption.
Mr. CALVERT. Mr. Speaker, I yield 1 minute to the gentleman from the
great State of Alaska (Mr. Young).
Mr. YOUNG. Mr. Speaker, I thank the gentleman for yielding, and thank
him for his good work on this bill.
My amendment supports the important Water Power Technologies Office
in the Department of Energy.
This office offers grants to deploy hydropower, pumped storage, and
marine energy projects and related transmission infrastructure in low-
income, economically distressed, underserved, or rural communities.
Hydropower is clean and produces no emissions and uses the energy of
running water without reducing its quantity to produce electricity.
My State of Alaska has tremendous hydropower potential. While
Alaska's total energy consumption is among the 10 lowest States, its
per capita energy consumption is fourth highest in the United States
because of our small population, terrain, and geographic parameters.
Mr. Speaker, the cost of electricity in Alaska can be twice that of
the lower 48.
This increased cost of power in the residential sector has
significant economic impacts on Alaskan families.
Many communities rely on expensive diesel generation for electricity
and home heating.
This amendment offers support for hydropower projects, provides many
residents and businesses of Alaska with low-cost, renewable, clean
power.
Mr. VISCLOSKY. Mr. Speaker, I yield 1 minute to the gentlewoman from
Hawaii (Ms. Gabbard).
Ms. GABBARD. Mr. Speaker, I rise in support of this en bloc and my
amendment that is included in it.
I am speaking on behalf of our rural communities that face many
challenges in making sure that goods and
[[Page H4148]]
services are accessible to residents and small businesses and that they
actually remain affordable. Communities like mine are no different
where, in many cases, air travel island-by-island is the only means of
access available.
For things such as medical appointments, visiting family, getting to
school, commuting to work or meeting local business needs and more, air
travel is a lifeline.
A national one-size-fits-all regulation on Essential Air Service
fails to acknowledge our unique travel needs and geographic realities.
This amendment extends protections for communities in Hawaii and
Pennsylvania that Congress has long recognized and ensures our rural
populations maintain access to critical transportation resources.
This bipartisan effort eliminates the cost-sharing requirement and
makes sure that our local communities in rural areas remain connected.
Mr. Speaker, I urge support for this amendment.
Mr. CALVERT. Mr. Speaker, I yield 2 minutes to the gentleman from
Minnesota (Mr. Stauber).
Mr. STAUBER. Mr. Speaker, I thank the gentleman for yielding and for
the opportunity to offer my crucial amendment that will help the five
sovereign Chippewa Tribes in my district: The Bois Forte Band, the Fond
du Lac, the Grand Portage, the Leech Lake, and the Mille Lacs Band.
Northern Minnesota Tribes provide cultural perspective that enrich
and inform my policymaking. However, Indian Country has endured a
crisis unlike any other.
Suicide among American Indian and Alaska Natives is a devastating
epidemic impacting the communities in my district and across our
Nation.
According to the Centers for Disease Control and Prevention, American
Indians and Alaska Natives have the highest rate of suicide of any
ethnic group in the United States, and it has steadily been increasing
since 2003. To this day, suicide is the second leading cause of death
among native youth between the ages of 15 and 24.
Despite this startling trend, funding for Native American suicide
prevention programs within the Substance Abuse and Mental Health
Services Administration was level funded from last year.
Level funding is not enough. We need these funds to strengthen
community-driven and informed approaches to reduce suicide among native
populations.
Mr. Speaker, my amendment today nearly doubles funding for Native
American suicide prevention programs. These crucial resources within
SAMHSA will benefit Native American and Alaska Native youth everywhere.
For example, the renowned Indian Health Services facility in Bemidji,
Minnesota, serves 34 Tribes in the Midwest covering my district and
well beyond. With increased funding from this amendment, they would be
able to provide more suicide and mental health services and outreach to
our communities.
Mr. Speaker, before I close, I would like to thank my partner in
addressing this issue, the dean of the House, Don Young, from the
great State of Alaska.
Mr. Speaker, I urge support for my amendment and, in turn, support
for ending the longstanding and devastating epidemic in Indian Country
that is suicide.
Mr. VISCLOSKY. Mr. Speaker, I yield 1 minute to the gentlewoman from
Virginia (Ms. Spanberger).
Ms. SPANBERGER. Mr. Speaker, I rise in support of my amendment to
address current IRS backlogs.
Over the past few months, I have heard from constituents across
central Virginia who have not yet received their recovery rebate checks
or their 2019 Federal tax refunds.
Congress created the recovery rebate program to address the economic
crisis caused by COVID-19, and as families struggle waiting for IRS
checks to arrive, we know that the taxpayer correspondence which is
necessary to process these checks and tax returns is currently sitting
in trailers and office space leased specifically to store the backlog
of mail.
This backlog is unacceptable, and Congress must take action to make
clear that this backlog must be addressed, and we must give IRS the
tools they need to address it and make clear our expectations that they
will.
Mr. CALVERT. Mr. Speaker, I yield 2 minutes to the gentleman from
California (Mr. LaMalfa).
Mr. LaMALFA. Mr. Speaker, I thank my colleague from southern
California for yielding.
I refer back to amendment No. 87 that would prohibit expenditure
funds by DOJ for marijuana enforcement eradication.
Now, we have a huge problem in my part of northern California, and
this isn't just what some may look at as a State's rights issue. This
is a problem. We have a 50-State standard for FDA legalization of
drugs, and we are going to have a willy-nilly hopscotch way of doing
things with every State that wants to legalize it doing their own
thing. What it really boils down to is this is still in violation of
Federal law by legalizing marijuana. So we should continue to enforce
it.
Empowering States to legalize it doesn't stop illegal drug
trafficking. Indeed, it just brings it into town. It brings it closer
and increases illegal drug trafficking from my State out to other
States.
The cartels get even more nasty about this. Drug cartels have moved
on to our public lands and caused great amounts of damage clearcutting
trees, killing wildlife with their chemicals, and trying to keep them
away.
The DEA Cannabis Eradication Program found a 60 percent increase in
the amount of assets seized from raids in busting these grows.
The same year, the Forest Service eradicated nearly $1.5 million
worth of plants, so this is 2016, from 247 sites on national forest
lands in California alone. And those are 4-year-old stats because it
keeps going up.
The amount of damage they are doing and what it means to nearby
farmers and ranchers who have a very low tolerance for what they are
allowed to get away with on their operations is really unfair.
Of course, these cartels are very heavily armed, and anybody that
happens to go in there hunting or hiking or just traipsing around,
their life is in danger because these people enforce very strongly on
their grows.
They plague our forests. Many of my colleagues have a bipartisan bill
called the PLANT Act to help the Federal Government and local law
enforcement address this problem and increase penalties and do a better
job of enforcing in our forests because they are damaging them. It is
dangerous to our communities in those areas.
The SPEAKER pro tempore. The time of the gentleman has expired.
Mr. CALVERT. Mr. Speaker, I yield the gentleman from California an
additional 30 seconds.
Mr. LaMALFA. So before we do anything that makes marijuana
legalization easier or simpler, we must consider the side effects of
this legalization and looking the other way on enforcement of marijuana
on our lands.
Mr. VISCLOSKY. Mr. Speaker, I yield 1 minute to the gentleman from
California (Mr. Panetta).
Mr. PANETTA. Mr. Speaker, I rise today in support of H.R. 7617 and my
amendment for funding the Education for Homeless Children and Youth
Program.
This funding is necessary because homelessness affects students all
across our Nation, including in my district on the central coast of
California.
In Monterey County, nearly 10,000 students meet the formal definition
of homelessness. More specifically, in Salinas, over 3,500 students are
homeless. That is 40 percent of the school district.
We can and we must do better. And we can start with this bill and my
amendment that identifies homeless youth, funds local liaisons, ensures
support services, and coordinates with the community to meet the basic
needs of our children.
Let's pass this bill with my amendment so that we can give homeless
students greater support for a more promising future.
Mr. CALVERT. Mr. Speaker, I reserve the balance of my time.
Mr. VISCLOSKY. Mr. Speaker, I yield 1 minute to the gentlewoman from
Washington (Ms. Schrier).
Ms. SCHRIER. Mr. Speaker, I am delighted that this amendment
addressing antibiotic resistance has been included in this package.
While today we are laser focused on COVID-19, our next pandemic could
be a ``super bug.''
[[Page H4149]]
The antibiotics we have relied on for years are no match for the
drug-resistant bacteria that infect more than 2.8 million people each
year.
As a pediatrician, I want to make sure that in 10 years I will still
be able to treat my patients' bacterial infections like pneumonia, C.
diff, meningitis, and abscesses.
In order to do that we need to curtail the current overuse of
antibiotics and make investments in developing new ones now.
That is why Combating Antibiotic Resistant Bacteria, or CARB-X, is so
important. By funding early phases of research for promising new
antibiotics, this public-private partnership minimizes the risk that
discourages investment in new treatments.
{time} 1400
Mr. CALVERT. Madam Speaker, I reserve the balance of my time.
Mr. VISCLOSKY. Madam Speaker, I yield 1 minute to the gentleman from
New Jersey (Mr. Gottheimer).
Mr. GOTTHEIMER. Madam Speaker, I thank Chairman Visclosky for his
hard work here.
I rise in support of this en bloc package, which contains two
amendments I introduced.
My first amendment will give all of Congress access to weekly updates
on inventory in our Strategic National Stockpile. We all need current
information on our Nation's supply chain and our inventory of PPE,
vaccine materials, and supplies as we respond to this crisis,
especially for my district, which has been hit so hard in northern New
Jersey.
My second amendment prioritizes clean drinking water, because every
child should have access to lead-free water at school.
I am proud my other two amendments were included in other en bloc
packages to increase investment for broadband infrastructure, so we can
address the challenges facing underserved areas, especially as families
are working and learning online.
My final amendment, which has been adopted, supports improving our
Nation's manufacturing supply chain to address the challenges caused by
COVID.
I have worked closely with the New Jersey Manufacturing Extension
Program as we help ensure small and mid-size manufacturers in New
Jersey have the equipment they need.
Madam Speaker, I urge support for this bipartisan en bloc set of
amendments.
Mr. CALVERT. Madam Speaker, I reserve the balance of my time.
Mr. VISCLOSKY. Madam Speaker, I yield 1 minute to the gentlewoman
from New Jersey (Ms. Sherrill).
Ms. SHERRILL. Madam Speaker, COVID-19 weighs heavily on our
communities. The pandemic has increased isolation, anxiety, and
economic stress for millions of Americans, and we have seen a sharp
increase in overdoses across the country.
The Overdose Detection Mapping Application Program tracks overdoses
and has documented a 42 percent increase in suspected overdoses
compared to the data from May 2019. In New Jersey, State health
officials say there has been a 20 percent increase in overdose deaths
since May.
The Mental and Substance Use Disorder Workforce Training program is
critical to ensuring the necessary resources and training for medical
practitioners and mental health professionals. This program makes
grants to institutions, including medical schools and federally-
qualified health centers, to support training for medical residents and
fellows in psychiatry and addiction medicine, as well as nurse
practitioners, physician assistants, and others to provide substance
use treatment in underserved communities.
My amendment highlights the critical nature of these programs, and I
applaud the committee for increasing funding for this training to
support the mental and physical health of Americans.
Mr. CALVERT. Madam Speaker, I reserve the balance of my time.
Mr. VISCLOSKY. Madam Speaker, I yield 1 minute to the gentleman from
New York (Mr. Espaillat).
Mr. ESPAILLAT. Madam Speaker, I thank Chairwoman Lowey for more than
three decades of valuable service to our Nation.
I joined Congresswoman Sheila Jackson Lee on an amendment that
directs NIAID, led by Dr. Anthony Fauci, to prioritize minority patient
outreach and minority candidate inclusion in COVID-19 critical clinical
trials or therapy development.
I worked with Chairman Raul Grijalva on an amendment that supports
English language acquisition grants used by school districts and
teachers that teach English language learners, like myself, that sat in
the back of a classroom for 2 years not knowing what was being said.
I have worked for the past 2 years with my colleague Jose Serrano on
the National Science Foundation's STEM undergraduate program for
Hispanic-serving institutions.
Finally, Madam Speaker, I am glad we included my critical amendment
to prohibit the Office of Refugee Resettlement from contracting with
for-profit contractors to house unaccompanied alien children.
That is a private sector money grab that benefits from children that
are split, ripped apart from their parents' arms.
Mr. CALVERT. Madam Speaker, I reserve the balance of my time.
Mr. VISCLOSKY. Madam Speaker, I yield 1 minute to the gentlewoman
from Michigan (Ms. Stevens).
Ms. STEVENS. Madam Speaker, I rise in support of my amendment on
drowning prevention in H.R. 7617.
This amendment emphasizes the pressing need to appropriate $5 million
to the CDC to continue its lifesaving work on water safety and drowning
prevention.
This amendment is in memory of Jacob Sandy, a loving brother and son,
who drowned off the coast of Lake Michigan just over a year ago.
Jacob graduated from Seaholm High School, my alma mater. His young
adult life was just beginning, and he was known for his deep Christian
faith, his positive outlook, adventurous and humorous spirit.
Now that summer is in full swing, it is time for us to ensure that no
one has to experience the pain suffered by his mother, Carol, his
brother, Paul, his sister, Charlotte, and the countless others who
loved him.
There is so much more we can do to prevent drownings in America.
Mr. CALVERT. Madam Speaker, I reserve the balance of my time.
Mr. VISCLOSKY. Madam Speaker, I yield 1 minute to the gentleman from
New Hampshire (Mr. Pappas).
Mr. PAPPAS. Madam Speaker, American doctors, scientists, and
researchers aren't alone in racing to unlock treatments, vaccines, and
other lifesaving developments in the fight against COVID-19.
Their counterparts in Israel are making groundbreaking advancements
as well.
Just days ago, an Israeli study indicated that low levels of vitamin
D increase the risk of contracting COVID. Israeli scientists are
developing six different vaccine candidates and more than a dozen
different treatment options for the deadly lung inflammation caused by
COVID-19.
That is why I am asking my colleagues to support this bipartisan
amendment which will fund a new partnership between the U.S. and Israel
to bring leading researchers together to defeat this devastating
disease.
By passing this amendment, we can deepen our expertise in the
development of drugs, vaccines, AI solutions, respiratory assist
devices, diagnostic tests, telemedicine, and more to help save American
lives.
America can't go it alone in this fight. We are stronger when we join
forces with countries that share our values to confront our shared
challenges.
Madam Speaker, I urge adoption of this provision.
Mr. VISCLOSKY. Madam Speaker, I yield back the balance of my time.
Mr. CALVERT. Madam Speaker, I have no further speakers. I support the
en bloc amendment, and I urge a ``yes'' vote.
Madam Speaker, I yield back the balance of my time.
Ms. JACKSON LEE. Madam Speaker, I rise to speak in strong support of
En Bloc No. 4, to H.R. 7617, the Defense, Commerce, Justice, Science,
Energy and Water Development, Financial Services and General
Government, Labor, Health and Human Services, Education,
Transportation, Housing, and Urban Development Appropriations Act.
[[Page H4150]]
I thank Chairman McGovern and Ranking Member Cole for including
several amendments in the Rule for House consideration of H.R. 7617.
The Jackson Lee amendments are in the following Divisions:
Division A--Department of Defense;
Division B--Commerce, Justice, Science;
Division F--Labor, Health and Human Services, and Education; and
Division G--Transportation, Housing and Urban Development.
Jackson Lee Amendment No. 319, included in En Bloc No. 4, increases
and decreases the National Infrastructure Investments account by
$2,000,000 to emphasize support for urban bicycle and pedestrian safety
programs.
I wish to thank the Transportation Trades Department of the AFL-CIO
and for voicing support for this Jackson Lee Amendment.
On March 30, 2019, in the city of Houston, at the intersection of
North Shepherd Drive and West 10th Street located in the 18th
Congressional District of Texas, Lesha White, 54, was driving with her
daughters when she saw Jesus ``Jesse'' Perez struggling to cross the
intersection in a wheelchair.
Ms. White pulled over and got out of her car to help Mr. Perez cross
the street when another vehicle struck them, and they were both killed.
On March 7, 2019, 23-year-old David Leon Loya was killed in a
collision with a school bus while riding his bicycle in The Heights
area of Houston.
Police report that Mr. Loya was in the bike lane and tried to avoid
the accident by sliding under the bus, but unfortunately, he was run
over by the back axle.
This young man was greatly loved by his family, the lives of the
people he touched in his volunteer work, and the bicyclist community.
I offered the amendment in remembrance of Lesha White, Jesus
``Jesse'' Perez, David Leon Loya, and all of the other pedestrians and
bicyclists who have lost their lives in accidents with motor vehicles
in urban areas.
In the past sixteen years, the Houston area has seen 2,000 deaths of
bicyclists and pedestrians, at an average of 100 a year, with the last
three years seeing the rate increase to 150 a year, according to
federal statistics.
In 2017, the most recent year for which comprehensive statistics are
available, according to the Texas Department of Transportation
(``TDOT''), the numbers were no more encouraging.
According to TDOT, 1,409 Houston-area pedestrians were injured in
roadways crashes:
275 of them were injured seriously;
146 pedestrians were killed in roadways crashes;
639 bicyclists were injured in roadways crashes; and
82 bicyclists were injured seriously.
The National Highway Traffic Safety Administration has called the
number of deaths a ``public health crisis.''
The problem is no more encouraging on the national level as Texas
ranks third nationwide in bicycle deaths, behind California and
Florida.
Nationwide, the number of fatal bicyclist accidents is rising and are
also amounting to a greater percentage of total traffic fatalities.
Cities are uniquely susceptible to this problem, as the National
Highway Traffic Safety Administration reports that 70 percent of
bicycle fatalities occur in cities.
I offered this amendment that was included in the FY 2020
Transportation Appropriations bill that is law today because funding is
needed to make changes to the intersections to improve pedestrian and
bicyclists safety.
We must come together to tackle this problem and work to ensure that
we stem the tide in these fatalities.
The rising death and injury toll of pedestrian and bicyclists is
alarming and merits serious attention but as we know too tragically,
behind the statistics are stories about people who are treasured and
sorely missed by family, friends, and coworkers.
Jackson Lee Amendment No. 251, included in En Bloc No. 4, increases
and decreases funds by $10,000,000 increase in funding to support
greater diversity in the pool of diabetes research professionals and
patients participating in clinical trials.
Diversity in medical trials is essential to ensuring that cures,
especially vaccines, and therapies work for the greatest number of
persons impacted by an illness.
34.2 million people, or 10.5 percent of the U.S. population, have
diabetes. An estimated 26.8 million people--or 10.2 percent of the
population--have been diagnosed with diabetes. Approximately 7.3
million people have diabetes but have not yet been diagnosed (2018).
Diabetes impacts all social, economic, and ethnic backgrounds.
Type 1 diabetes accounts for about 5.2 percent of all diagnosed cases
of diabetes, affecting approximately 1.6 million people.
African American adults are 60 percent more likely than non-Hispanic
white adults to have been diagnosed with diabetes by a physician.
In 2016, non-Hispanic blacks were 3.5 times more likely to be
diagnosed with end stage renal disease as compared to non-Hispanic
whites.
In 2016, non-Hispanic blacks were 2.3 times more likely to be
hospitalized for lower limb amputations as compared to non-Hispanic
whites.
In 2017, African Americans were twice as likely as non-Hispanic
whites to die from diabetes.
This Jackson Lee Amendment focuses efforts on addressing lower
participation rates of African Americans with diabetes in clinical
trials that test treatments and therapies.
I thank those who are instrumental in setting up clinical trials of
the COVID-19 vaccine for focuses on increasing African American and
Hispanic participation in the trial involving tens of thousands of
Americans across the nation.
This work, like what is proposed by this Jackson Lee amendment, is
intended to make cures as effective as possible for the greatest number
of persons.
I am pleased to cosponsor Congressman Espaillat's Amendment No. 236
included in En Bloc No. 4 to provide the increases and decreases by
$10,000,000 to support greater minority patient outreach and minority
candidate inclusion by the National Institute of Allergy and Infectious
Diseases in clinical trial participation for any vaccine or
therapeutics to treat the novel Coronavirus 2019 (COVID-19).
Jackson Lee Amendment No. 252, included in En Bloc No. 4, increases
and decreases funds by $10,000,000 with the intent of supporting
programs that provide outreach and support services targeting program
participants at greatest risk of not completing a college degree due to
COVID-19 education disruption.
I urge my fellow members to vote in favor of En Bloc No. 4 and
support these Jackson Lee Amendments.
The SPEAKER pro tempore (Ms. Barragan). Pursuant to House Resolution
1067, the previous question is ordered on the amendments en bloc
offered by the gentleman from Indiana (Mr. Visclosky).
The question is on the amendments en bloc.
The en bloc amendments were agreed to.
A motion to reconsider was laid on the table.
Amendments En Bloc No. 5 Offered by Mr. Visclosky of Indiana
Mr. VISCLOSKY. Madam Speaker, pursuant to House Resolution 1067, I
offer amendments en bloc.
The SPEAKER pro tempore. The Clerk will designate the amendments en
bloc.
Amendments en bloc No. 5 consisting of amendment Nos. 151, 152, 154,
155, 158, 165, 166, 167, 168, 173, 177, 179, 185, 186, 189, 194, 196,
198, 203, 205, 208, 209, 210, 211, 213, 215, 216, 218, 221, 222, 224,
228, 234, 235, 237, 253, 256, 259, 260, 264, 269, 270, 278, 283, 284,
286, 288, 292, 297, 298, 299, 301, 302, 303, 307, 308, 312, 313, 320,
322, 323, 327, 331, 332, and 339, printed in part B of House Report
116-461, offered by Mr. Visclosky of Indiana:
Mr. LUJAN. Madam Speaker, I rise in support of my amendment to
support Comprehensive Opioid Recovery Centers.
Our country and my home state of New Mexico have made progress in
addressing the opioid crisis, but the United States is still falling
far short of ensuring that everyone struggling with a substance use
disorder can access the treatment they need. Recovery is not a one-
size-fits-all approach--it needs to be tailored to each person's unique
needs.
In 2018, Congress passed the overwhelmingly bipartisan SUPPORT for
Patients and Communities Act. This legislation included new grants for
Comprehensive Opioid Recovery Centers--facilities that provide the full
continuum of treatment services, including all FDA-approved methods of
medication assisted treatment, peer support, and wrap-around services
for families. These Centers can help us identify what works and develop
best practices to improve treatment everywhere.
Last year, Congress provided $2 million for the first round of
funding for two Centers, which will be awarded this fall. My amendment
increases funding to $10 million, the full amount authorized by the
SUPPORT Act, to fund 10 Centers to serve some of the hardest-hit
communities and build the evidence needed to improve treatment across
the country.
Thank you to Mr. Guthrie and Mr. Pappas for joining me on this
amendment, and I urge my colleagues to vote YES.
Mrs. CAROLYN B. MALONEY of New York. Madam Speaker, every day
Americans communicate with loved ones, receive medication, and during
this pandemic, millions more than usual will vote all by mail.
Yet drastic, negative changes are being made by new Postal Service
leadership.
[[Page H4151]]
Mail is being delivered later than normal, overtime is being
eliminated, and carriers are being told to leave mail at distribution
centers.
The Administration's new Postmaster General is treating the Postal
Service like a company, not a constitutionally mandated service for all
Americans.
My amendment would stop the Postal Service from implementing new
standards that will result in later mail delivery and worse service.
Now more than ever it is critical that the Postal Service continue to
perform its mission without having to worry about cutting corners to
cut costs.
I urge my colleagues to support this amendment.
Mr. WEBER of Texas. Madam Speaker, I rise in support of my amendment,
which emphasizes the need to provide adequate funding for construction
of the Department of Energy (DOE)'s Versatile Neutron Source or
Versatile Test Reactor.
The Versatile Test Reactor is a critical piece of DOE R&D
infrastructure that will allow U.S. nuclear researchers to test and
validate a wide range of advanced nuclear reactor designs on U.S. soil.
Any responsible U.S. nuclear energy strategy must include robust
support for this user facility.
Last Congress, my bill, the Nuclear Energy Innovation Capabilities
Act (NEICA), was the first step towards making this DOE user facility a
reality. To build on the success of NEICA, the central piece of my
nuclear legislation this Congress, H.R. 6796, the Nuclear Energy for
the Future Act, is the authorization of full funding for this necessary
work.
That's why I am very concerned to see that the 2021 appropriations
bill provides less than a quarter of the funds needed to keep the
Versatile Test Reactor project on budget and on schedule. If we are
serious about our clean energy future and if we want to decrease our
dependence on competitors like China and Russia for advanced nuclear
R&D, we must continue to strengthen our advanced nuclear energy
industry by prioritizing our investment in essential research
infrastructure.
The United States should lead the world in advanced nuclear research
and development. I believe that this amendment identifies one of the
fundamental and immediate needs of the U.S. nuclear industry and
provides a strong commitment to addressing it. Moving forward, I will
continue to work with my colleagues to prioritize fundamental research
that will support nuclear innovation and keep America safe,
independent, and globally competitive.
I urge my colleagues to support this amendment.
Ms. WEXTON. Madam Speaker, I rise today in support of my amendment
No. 340 in En Bloc 4 to provide $9 million to the Federal Aviation
Administration (FAA) to continue its work developing the remote tower
pilot program.
The remote tower pilot program is a simple and cost-effective way to
provide air traffic control services to an airport from any location.
Remote towers use a network of high-definition cameras and sensors to
feed real-time information to air traffic controllers, who can be
located at the airport or at a separate remote tower center. Remote
tower infrastructure is cheaper, more flexible, and requires less
extensive maintenance and upkeep than manned air traffic control
towers, allowing the FAA and airports to address their air traffic
control needs more cheaply. Remote towers also provide controllers with
additional capabilities, including night vision with infrared cameras,
enhanced visibility in poor weather or low light conditions, views of
high-traffic areas or blind spots, moving object tracking, and real-
time data overlays.
I am very pleased that the first remote tower in the U.S. is
currently being tested at Leesburg Executive Airport in Virginia's 10th
Congressional District. Launched in 2014, remote tower technology has
provided Leesburg with air traffic control capabilities without having
to construct a manned air traffic control tower. These capabilities
support Leesburg's more than 100,000 annual operations in highly
complex airspace due to the airport's proximity to Dulles International
Airport.
The remote tower pilot program at Leesburg has been a great success,
and my amendment will ensure that the FAA can continue this work at
Leesburg and at new pilot sites around the country to further develop
these important technologies. I thank the Committee for the inclusion
of this amendment, and I urge my colleagues to support it.
Mr. SEAN PATRICK MALONEY of New York. Madam Speaker, I rise in
support of my amendment to H.R. 7617, Division F--of the Defense,
Commerce, Justice, Science, Energy and Water Development, Financial
Services and General Government, Homeland Security, Labor, Health and
Human Services, Education, Transportation, Housing, and Urban
Development Appropriations Act of 2021. My amendment, included in the
bipartisan en bloc, will increase funding for the Institute of Museum
and Library Services account by $10 million to support technological
advancements in libraries. This amendment highlights the need for
technology, like Wi-Fi and computers, in libraries, especially in
communities that are economically distressed. With uncertainty around
school openings in the fall, many students may not have the technology
or internet available at home to succeed. Libraries are a great place
to offer these types of free community services in a safe environment.
My amendment would support the bolstering of these resources. I urge my
colleagues to support this legislation.
Mr. SWALWELL of California. Madam Speaker, I rise in support of my
amendment, number 187 and part of en bloc package number four, which
would direct the Department of Energy (DOE) to continue spending $10
million on the Hazardous Waste Operations and Emergency Response
(HAZWOPER) worker training program in fiscal year 2021.
HAZWOPER is implemented by the National Institute of Environmental
Health Sciences (NIEHS). Through grants to outside organizations and
labor groups, NIEHS is able to provide training for both communities
near DOE sites and workers at such locations in hazardous waste and
material clean up as well as emergency response in the event of a
hazardous material release.
Many different categories of worker receive this preparation; some
examples include carpenters, firefighters, machinists, and truck
drivers. Their training can involve dealing with site-specific issues,
such as superfund locations, job-specific challenges, and dangerous
substances, including radiological materials, lead, and asbestos.
Since the program started in 1993, over 622,000 workers have received
a total of more than eight million hours of training at dozens of sites
around the country. One of those sites is in my congressional district,
at Lawrence Livermore National Laboratory.
HAZWOPER thus helps protect staff, work sites, and communities from
hazardous materials and emergency situations involving DOE operations.
It is a vital program that should be continued.
I urge all Members to support my amendment.
amendment no. 151 offered by ms. barragan of california
Pg 369, line 16, after the dollar amount, insert
``(increased by $25,000,000)''.
Pg 371, line 5, after the dollar amount, insert
``(increased by $25,000,000)''.
amendment no. 152 offered by ms. barragan of california
Page 326, line 17, after the dollar amount, insert
``(reduced by $1,000,000) (increased by $1,000,000)''.
amendment no. 154 offered by mr. brendan f. boyle of pennsylvania
At the end of division C (before the short title), insert
the following:
Sec. __. None of the funds made available by this Act may
be used to reject any application for a grant available under
funds appropriated by this Act because of the use of the term
``global warming'' or the term ``climate change'' in the
application.
amendment no. 155 offered by mr. cohen of tennessee
At the end of division C (before the short title), insert
the following:
Sec. __. (a) None of the funds appropriated or otherwise
made available by this Act may be made available to enter
into any new contract, grant, or cooperative agreement with
any entity listed in subsection (b).
(b) The entities listed in this subsection are the
following:
----------------------------------------------------------------------------------------------------------------
Trump International Hotel & Tower Trump International Hotel & Golf Trump International Hotel Las Vegas,
Chicago, Chicago, IL Links Ireland (formerly The Lodge Las Vegas, NV
at Doonbeg), Doonbeg, Ireland
Trump National Doral Miami, Miami, Trump International Hotel & Tower Trump SoHo New York, New York City,
FL New York, New York City, NY NY
Trump International Hotel & Tower, Trump International Hotel Waikiki, Trump International Hotel
Vancouver, Vancouver, Canada Honolulu, HI Washington, DC
Trump Tower, 721 Fifth Avenue, New Trump World Tower, 845 United Trump Park Avenue, 502 Park Avenue,
York City, New York Nations Plaza, New York City, New New York City, New York
York
Trump International Hotel & Tower, Trump Parc East, 100 Central Park Trump Palace, 200 East 69th Street,
NY South, New York City, New York New York City, New York
Heritage, Trump Place, 240 Riverside Trump Place, 220 Riverside Blvd, New Trump Place, 200 Riverside Blvd, New
Blvd, New York City, New York York City, New York York City, New York
Trump Grande, Sunny Isles, FL Trump Hollywood Florida, Hollywood, Trump Plaza, New Rochelle, NY
Florida
[[Page H4152]]
Trump Tower at City Center, Trump Park Residences, Yorktown, NY Trump Parc Stamford, Stamford,
Westchester, NY Connecticut
Trump Plaza Residences, Jersey City, The Estate at Trump National, Los Trump Towers Pune, India, Pune,
NJ Angeles, CA India
Trump Tower Mumbai, India, Mumbai, Trump Towers Makati, Philippines, Trump International Vancouver,
India Makati, Philippines Vancouver, Canada
Trump Towers Istanbul, Sisli, Trump Tower Punta Del Este, Uruguay, Briar Hall Operations LLC, New York,
Istanbul, Sisli Punta Sel Este, Uruguay New York
DT Dubai Golf Manager LLC, New York, DT Dubai Golf Manager Member Corp, DT Dubai II Golf Manager LLC, New
New York New York, New York York, New York
DT Home Marks International LLC, New DT Home Marks International Member DT India Venture LLC, New York, New
York, New York Corp, New York, New York York
DT India Venture Managing Member DT Marks Baku LLC, New York, New DT Marks Baku Managing Member Corp,
Corp, New York, New York York New York, New York
DT Marks Dubai LLC, New York, New DT Marks Dubai Member Corp, New DT Marks Dubai II LLC, New York, New
York York, New York York
DT Marks Dubai II Member Corp, New DT Marks Gurgaon LLC, New York, New DT Marks Gurgaon Managing Member
York, New York York Corp, New York, New York
DT Marks Jersey City LLC, New York, DT Marks Jupiter LLC, New York, New DT Mark Qatar LLC, New York, New
New York York York
DT Marks Qatar Member Corp, New DT Marks Products International LLC, DT Marks Product International
York, New York New York, New York Member Corp, New York, New York
DT Marks Pune LLC, New York, New DT Marks Pune Managing Member Corp, DT MARKS PUNE II LLC, New York, New
York New York, New York York
DT Marks Pune II Managing Member DT Marks Rio LLC, New York, New York DT Marks Rio Member Corp, New York,
Corp, New York, New York New York
DT Marks Vancouver LP, New York, New DT Marks Vancouver Managing Member DT Marks Worli LLC, New York, New
York Corp, New York, New York York
DT Marks Worli Member Corp, New DT Tower Gurgaon LLC, New York, New DT Tower Gurgaon Managing Member
York, New York York Corp, New York, New York
Indian Hills Holdings LLC f/k/a Jupiter Golf Club LLC (Trump Jupiter Golf Club Managing Member
Indian Hills Development LLC, New National Gold Club-Jupiter), New Corp, New York, New York
York, New York York, New York
Lamington Family Holdings LLC, New Lawrence Towers Apartments, New LFB Acquisition LLC, New York, New
York, New York York, New York York
LFB Acquisition Member Corp, New MAR-A-LAGO CLUB, L.L.C., Palm Beach, Mar A Lago Club, L.L.C, New York,
York, New York Florida New York
Nitto World Co, Limited, Turnberry, OPO Hotel Manager LLC, New York, New OPO Hotel Manager Member Corp, New
Scotland York York, New York
OWO Developer LLC, New York, New TIGL Ireland Enterprises Limited TIGL Ireland Management Limited,
York (Trump International Golf Links- Doonbeg, Ireland
Doonbeg), Doonbeg, Ireland
Ace Entertainment Holdings Inc (f/k/ Trump Chicago Commercial Member Trump Chicago Commercial Manager
a Trump Casinos Inc and formerly Corp, New York, New York LLC, New York, New York
Trump Taj Mahal, Inc), Atlantic
City, NJ
Trump Chicago Development LLC, New Trump Chicago Hotel Member Corp, New Trump Chicago Hotel Manager LLC, New
York, New York York, New York York, New York
Trump Chicago Managing Member LLC, Trump Chicago Member LLC, New York, Trump Chicago Residential Member
New York, New York New York Corp, New York, New York
Trump Chicago Residential Manager Trump Chicago Retail LLC, New York, Trump Chicago Retail Manager LLC,
LLC, New York, New York New York New York, New York
Trump Chicago Retail Member Corp, Trump Drinks Israel Holdings LLC, Trump Drinks Israel Holdings Member
New York, New York New York, New York Corp, New York, New York
Trump Drinks Israel LLC, New York, Trump Drinks Israel Member Corp, New Trump Endeavor 12 LLC (Trump
New York York, New York National Doral), New York, New York
Trump Endeavor 12 Manager Corp, New Trump Golf Acquisitions LLC, New Trump Golf Coco Beach LLC, New York,
York, New York York, New York New York
Trump Golf Coco Beach Member Corp, Trump International Development LLC, Trump International Golf Club LC
New York, New York New York, New York (Trump International Golf Club-
Florida), New York, New York
Trump International Golf Club Trump International Golf Club, Inc, Trump International Hotel and Tower
Scotland Limited, Aberdeen, Palm Beach, Florida Condominium, New York, New York
Scotland
Trump International Hotel Hawaii Trump International Hotels Trump International Management Corp,
LLC, New York, New York Management LLC, New York, New York New York, New York
Trump Korean Projects LLC, New York, Trump Marks Atlanta LLC, New York, Trump Marks Atlanta Member Corp, New
New York New York York, New York
Trump Marks Baja Corp, New York, New Trump Marks Baja LLC, New York, New Trump Marks Batumi, LLC, New York,
York York New York
Trump Marks Beverages Corp, New Trump Marks Beverages, LLC New York, Trump Marks Canouan Corp, New York,
York, New York New York New York
Trump Marks Canouan, LLC New York, Trump Marks Chicago LLC, New York, Trump Marks Chicago Member Corp, New
New York New York York, New York
Trump Marks Dubai Corp, New York, Trump Marks Dubai LLC, New York, New Trump Marks Egypt Corp, New York,
New York York New York
Trump Marks Egypt LLC, New York, New Trump Marks Fine Foods LLC, New Trump Marks Fine Foods Member Corp,
York York, New York New York, New York
Trump Marks Ft. Lauderdale LLC, New Trump Marks Ft. Lauderdale Member Trump Marks GP Corp, New York, New
York, New York Corp, New York, New York York
Trump Marks Holdings LP (FKA Trump Trump Marks Hollywood Corp, New Trump Marks Hollywood LLC, New York,
Marks LP), New York, New York York, New York New York
Trump Marks Istanbul II Corp, New Trump Marks Istanbul II LLC, New Trump Marks Jersey City Corp, New
York, New York York, New York York, New York
Trump Marks Jersey City LLC, New Trump Marks Mattress LLC, New York, Trump Marks Mattress Member Corp,
York, New York New York New York, New York
Trump Marks Menswear LLC, New York, Trump Marks Menswear Member Corp, Trump Marks Mortgage Corp, New York,
New York New York, New York New York
Trump Marks Mtg LLC, New York, New Trump Marks Mumbai LLC, New York, Trump Marks Mumbai Member Corp, New
York New York York, New York
Trump Marks New Rochelle Corp, New Trump Marks New Rochelle LLC, New Trump Marks Palm Beach Corp, New
York, New York York, New York York, New York
Trump Marks Palm Beach LLC, New Trump Marks Panama Corp, New York, Trump Marks Panama LLC, New York,
York, New York New York New York
Trump Marks Philadelphia Corp, New Trump Marks Philadelphia LLC, New Trump Marks Philippines Corp, New
York, New York York, New York York, New York
Trump Marks Philippines LLC, New Trump Marks Products LLC, New York, The Trump Organization, Inc, New
York, New York New York York, New York
Trump Marks Products Member Corp, Trump Marks Puerto Rico I LLC, New Trump Marks Puerto Rico I Member
New York, New York York, New York Corp, New York, New York
Trump Marks Puerto Rico II LLC, New Trump Marks Puerto Rico II Member Trump Marks Punta del Este LLC, New
York, New York Corp, New York, New York York, New York
Trump Marks Punta del Este Manager The Donald J. Trump Company LLC, New The Trump Marks Real Estate Corp,
Corp, New York, New York York, New York New York, New York
Trump Marks SOHO License Corp, New Trump Marks SOHO LLC, New York, New Trump Marks Stamford LLC, New York,
York, New York York New York
Trump Marks Stamford Corp, New York, Trump Marks Sunny Isles I LLC, New Trump Marks Sunny Isles I Member
New York York, New York Corp, New York, New York
Trump Marks Sunny Isles II LLC, New Trump Marks Sunny Isles II Member Trump Marks Tampa Corp, New York,
York, New York Corp, New York, New York New York
Trump Marks Tampa LLC, New York, New Trump Marks Toronto Corp, New York, Trump Marks Toronto LLC, New York,
York New York New York
Trump Marks Toronto LP (formally Trump Marks Waikiki Corp, New York, Trump Marks Waikiki LLC, New York,
Trump Toronto Management LP), New New York New York
York, New York
Trump Marks Westchester Corp, New Trump Marks Westchester LLC, New Trump Marks White Plains LLC, New
York, New York York, New York York, New York
[[Page H4153]]
Trump Miami Resort Management LLC, Trump Miami Resort Management Member Trump National Golf Club Colts Neck
New York, New York Corp, New York, New York LLC, New York, New York
Trump National Golf Club Colts Neck Trump National Golf Club LLC (Trump Trump National Golf Club Member
Member Corp, New York, New York National Golf Club- Westchester), Corp, New York, New York
New York, New York
Trump National Golf Club Washington Trump National Golf Club Washington Trump Old Post Office LLC, New York,
DC LCC, New York, New York DC Member Corp, New York, New York New York
Trump Old Post Office Member Corp, Trump On the Ocean LLC, New York, Trump Organization LLC, New York,
New York, New York New York New York
The Trump Organization, New York, Trump Pageants, Inc, New York, New Trump Palace Condominium, New York,
New York York New York
Trump Palace/Parc LLC, New York, New Trump Panama Condominium Management Trump Panama Condominium Member
York LLC, New York, New York Corp, New York, New York
Trump Panama Hotel Management LLC, Trump Panama Hotel Management Member Trump Parc East Condominium, New
New York, New York Corp, New York, New York York, New York
Trump Park Avenue Acquisition LLC, Trump Park Avenue LLC, New York, New Trump Payroll Chicago LLC, New York,
New York, New York York New York
Trump Payroll Corp, New York, New Trump Phoenix Development LLC, New Trump Plaza LLC, New York, New York
York York, New York
Trump Plaza Member Inc (F/K/A Trump Trump Productions LLC (former Rancho Trump Production Managing Member
Plaza Corp), New York, New York Lien LLC), New York, New York Inc, New York, New York
Trump Project Manager Corp, New Trump Restaurants LLC, New York, New Trump Riverside Management LLC, New
York, New York York York, New York
Trump Ruffin Commercial LLC, New Trump Ruffin LLC, Las Vegas, NV Trump Ruffin Tower I LLC, Las Vegas,
York, New York NV
Trump Sales & Leasing Chicago LLC, Trump Sales & Leasing Chicago Member Trump Scotland Member Inc, Aberdeen,
Chicago, IL Corp, Chicago, IL Scotland
Trump Scotsborough Square LLC, Trump SoHo Hotel Condominium New Trump SoHo Member LLC, New York, New
Scotsborough Square, VA York, New York, New York York
Trump Toronto Development Inc, New Trump Toronto Member Corp (formally Trump Tower Commercial LLC, New
York, New York Trump Toronto Management Member York, New York
Corp), New York, New York
Trump Tower Managing Member Inc, New Trump Village Construction Corp, New Trump Vineyard Estates LLC, New
York, New York York, New York York, New York
Trump Vineyard Estates Manager Corp, Trump Vineyard Estates Lot 3 Owner Trump Virginia Acquisitions LLC (fka
New York, New York LLC (F/K/A Eric Trump Land Holdings Virginia Acquisitions LLC), New
LLC), New York, New York York, New York
Trump Virginia Acquisitions Manager Trump Virginia Lot 5 LLC, New York, Trump Virginia Lot 5 Manager Corp,
Corp, New York, New York New York New York, New York
Trump Wine Marks LLC, New York, New Trump Wine Marks Member Corp, New Trump World Productions LLC, New
York York, New York York, New York
Trump World Productions Manager Trump World Publications LLC, New Trump/New World Property Management
Corp, New York, New York York, New York LLC, New York, New York
Trump's Castle Management Corp, Trump Marks White Plains Corp, New Turnberry Scotland Managing Member
Atlantic City, NJ York, New York Corp, Turnberry, Scotland
Turnberry Scotland LLC, Turnberry, TW Venture I LLC, Palm Beach, TW Venture II LLC, Doonbeg, Ireland
Scotland Florida
TW Venture I Managing Member Corp, TW Venture II Managing Member Corp, Ultimate Air Corp, New York, New
Palm Beach, Florida Doonbeg, Ireland York
Unit 2502 Enterprises Corp, Chicago, Unit 2502 Enterprises LLC, Chicago, VHPS LLC, Los Angeles, CA
IL IL
West Palm Operations LLC, WPB, Wexford Hall Inc., New York, New White Course LLC, Miami, FL
Florida York
White Course Managing Member Corp, Wilshire Hall LLC, New York, New Wollman Rink Operations LLC, New
Miami FL York York, New York
Yorktown Real Estate LLC (F/K/A/ The Fred C. Trump December 16, 1976 The Fred C. Trump December 16, 1976
Yorktown Development Associates Trust- F/B/O Donald J. Trump, New Trust- F/B/O Robert S. Trump, New
LLC), New York, New York York, New York York, New York
The Fred C. Trump December 16, 1976 Fred C. Trump GRAT Trust- F/B/O Trust U/W/O Fred C. Trump- F/B/O
Trust- F/B/O Elizabeth J. Trump, Elizabeth Trump Grau, New York, New Elizabeth Trump Grau, New York, New
New York, New York York York
Maryanne Trump GRAT Trust- F/B/O Trust U/W/O Fred C. Trump- F/B/O the The Donald J. Trump grantor Trust -
Elizabeth Trump Grau, New York, New grandchildren of Fred C. Trump, New DJT is the Trustee Successor -
York York, New York Trustee is Donald J. Trump, Jr.,
New York, New York
The Donald J. Trump Revocable Trust, The Police Athletic League, Inc, New DT Bali Golf Manager LLC, New York,
New York, New York York, New York New York
DT Bali Golf Manager Member Corp, DT Bali Hotel Manager LLC, New York, DT Bali Hotel Manager Member Corp,
New York, New York New York New York, New York
DT Bali Technical Services Manager DT Bali Technical Services Manager DT Connect Europe Limited,
LLC, New York, New York Member Corp, New York, New York Turnberry, Scotland
DT Endeavor I LLC, New York, New DT Endeavor I Member Corp, New York, DT Lido Golf Manager LLC, New York,
York New York New York
DT Lido Golf Manager Member Corp, DT Lido Hotel Manager LLC, New York, DT Lido Hotel Manager Member Corp,
New York, New York New York New York, New York
DT Marks Bali LLC, New York, New DT Marks Bali Member Corp, New York, DT Marks Lido LLC, New York, New
York New York York
DT Marks Lido Member Corp, New York, DT Tower I LLC, New York, New York DT Tower I Member Corp, New York,
New York New York
DT Tower II LLC, New York, New York DT Tower II Member Corp, New York, DT Tower Kolkata LLC, New York, New
New York York
DT Tower Kolkata Managing Member DT Venture I LLC, New York, New York DT Venture I Member Corp, New York,
Corp, New York, New York New York
DT Venture II LLC, New York, New DT Venture II Member Corp, New York, DTTM Operations LLC, New York, New
York New York York
DTTM Operations Managing Member, New EID Venture II LLC, New York, New EID Venture II Member Corp, New
York, New York York York, New York
THC DC Restaurant Hospitality LLC, Lamington Farm Club (TRUMP NATIONAL Mobile Payroll Construction LLC, New
New York, New York GOLF CLUB-BEDMINSTER)*, Bedminster, York, New York
NJ
Mobile Payroll Construction Manager C DEVELOPMENT VENTURES LLC, New C DEVELOPMENT VENTURES MEMBER CORP,
Corp, New York, New York York, New York New York, New York
TC MARKS BUENOS AIRES LLC, New York, Midland Associates, New York, New Miss Universe L.P., LLLP (formerly
New York York Trump Pageants, L.P.), New York,
New York
Trump Central Park West Corp, New DT Marks Qatar LLC, New York, New 40 Wall Street LLC, New York, New
York, New York York York
401 North Wabash Venture LLC, 809 North Canon LLC, Beverly Hills, Caribuslness Investments, S.R.L.,
Chicago, IL CA Dominican Republic
County Properties, LLC, Norfolk, VA DJT Aerospace LLC, New York, New DJT Operations I LLC, New York, New
York York
DT Connect II LLC, Palm Beach, Excel Venture I LLC, St. Martin, Fifty-Seventh Street Associates LLC,
Florida French West Indies New York, New York
Pine Hill Development LLC, Pine Seven Springs LLC, Mt. Kisco, NY Trump Turnberry , Turnberry,
Hill, NJ Scotland
The East 61 Street Company, LP, New The Trump Corporation, New York, New TIHT Commercial LLC, New York, New
York, New York York York
TIHT Holding Company LLC, New York, Trump National Golf Club - Hudson Trump National Golf Club -
New York Valley, Hopewell Junction, NY Charlotte, Charlotte, NC
Trump National Golf Club - Trump International Golf Links - Trump Las Vegas Development LLC, Las
Philadelphia, Pine Hill, NJ Scotland, Aberdeen, Scotland Vegas, NV
Trump Marks Asia LLC, Sterling, VA Trump Model Management LLC, New Trump National Golf Club -
York, New York Washington DC, Potomac Falls, VA
1125 South Ocean LLC, Palm Beach, T Promotions LLC, New York, New York HWA 555 Owners, LLC, San Francisco,
Florida CA
1290 Avenue of the Americas, A Trump Tower Triplex, New York, New N/K/A DTW VENTURE LLC, Palm Beach,
Tenancy-In-Common, New York, New York Florida
York
THC Vancouver Management Corp, TNGC Jupiter Management Corp, Trump Toronto Hotel Management Corp,
Vancouver, Canada Jupiter, FL New York, New York
Trump Management Inc., Manhasset, NY THC Miami Restaurant Hospitality THC IMEA Development LLC, New York,
LLC, Miami, FL New York
DT Lido Technical Services Manager Trump Las Vegas Sales & Marketing, Albemarle Estate, Charlottesville,
LLC, Lido, Indonesia Inc., Las Vegas, NV VA
[[Page H4154]]
MacLeod House & Lodge, Aberdeen, Trump Golf Links at Ferry Point, New Trump International Golf Club,
Scotland York City, New York Dubai, UAE
Trump World Golf Club Dubai, UAE Trump International Resort & Golf Seven Springs, Bedford, NY
Club Lido, Lido City, Indonesia
Le Chateau des Palmiers, St. Martin, Trump World, Seoul, South Korea Trump Towers, Sunny Isles, FL
French West Indies
D B Pace Acquisition, LLC, New York, DJT HOLDINGS LLC, New York, NY Golf Productions LLC, New York, NY
NY
T International Realty LLC, New THC CENTRAL RESERVATIONS LLC, New THC CHINA DEVELOPMENT LLC, New York,
York, NY York, NY NY
THC SALES & MARKETING LLC, New York, The Trump-Equitable Fifth Avenue TRUMP 106 CPS LLC, New York, NY
NY Company, New York, NY
TRUMP BOOKS LLC /THE MIDAS TOUCH, TRUMP CAROUSEL LLC, New York, NY TRUMP CPS LLC, New York, NY
New York, NY
TRUMP FERRY POINT LLC, New York, NY TRUMP HOME MARKS LLC, New York, NY TRUMP ICE LLC, New York, NY
STORAGE 106 LLC, New York, NY SC CLEVELAND MS MANAGEMENT LLC, T RETAIL LLC, New York, NY
Cleveland, MS
WESTMINSTER HOTEL MANAGEMENT LLC, GOLF RECREATION SCOTLAND LIMITED, TRUMP DEVELOPMENT SERVICES LLC, New
Livingston, NJ Turnberry, Scotland York, NY
4T HOLDINGS TWO LLC, New York, NY T EXPRESS LLC, New York, NY ....................................
----------------------------------------------------------------------------------------------------------------
amendment no. 158 offered by mrs. dingell of michigan
At the end of division C (before the short title), insert
the following:
Sec. ___. None of the funds made available by this Act may
be used to grant a hydropower license in contravention of the
requirement for a licensee to conform to the rules and
regulations of the Federal Energy Regulatory Commission for
the protection of life, health, and property under section
10(c) of the Federal Power Act (16 U.S.C. 803(c)).
amendment no. 165 offered by mr. huffman of california
At the end of division C (before the short title), insert
the following:
Sec. ___. None of the funds made available by this Act may
be used to issue the Record of Decision for the proposed
Pebble Project (POA-2017-271).
amendment no. 166 offered by mr. jayapal of washington
Page 300, line 22, after the dollar amount, insert
``(reduced by $52,500,000) (increased by $52,500,000)''.
amendment no. 167 offered by ms. jayapal of washington
Page 369, line 16, after the dollar amount, insert
``(increased by $250,000,000)''.
Page 369, line 18, after the dollar amount, insert
``(increased by $250,000,000)''.
Page 369, line 24, after the dollar amount, insert
``(increased by $3,000,000)''.
amendment no. 168 offered by mr. levin of california
At the end of division C (before the short title), insert
the following:
Sec. __. None of the funds made available by this Act may
be used to remove an inspector from any nuclear power plant
during the transfer of spent fuel from a spent fuel pool to
dry cask storage.
amendment no. 173 offered by mr. malinowski of new jersey
Page 369, line 16, after the dollar amount, insert
``(increased by $25,000,000)''.
Page 370, line 14, after the dollar amount, insert
``(increased by $25,000,000)''.
amendment no. 177 offered by ms. mcnerney of california
Page 327, line 4, after the dollar amount, insert
``(reduced by $15,000,000) (increased by $15,000,000)''.
amendment no. 179 offered by ms. omar of minnesota
At the end of division C (before the short title), insert
the following:
Sec. __. None of the funds made available by this Act may
be used by the Secretary of Energy to make a guarantee under
section 1703 of the Energy Policy Act of 2005 (42 U.S.C.
16513) for a project that does not avoid, reduce, or
sequester air pollutants or anthropogenic emissions of
greenhouse gases.
amendment no. 185 offered by ms. slotkin of michigan
Page 303, line 10, after the dollar amount, insert
``(reduced by $205,000,000) (increased by $205,000,000)''.
amendment no. 186 offered by mr. stanton of arizona
Page 369, line 16, after the first dollar amount, insert
``(increased by $250,000,000)''.
Page 370, line 7, after the first dollar amount, insert
``(increased by $250,000,000)''.
Page 370, line 12, after the first dollar amount, insert
``(increased by $250,000,000)''.
amendment no. 189 offered by ms. velazquez of new york
At the end of division C (before the short title), insert
the following:
Sec. ___. None of the funds made available by this Act may
be used to reject any application for a grant to be made
using funds appropriated by this Act because of the use of
the term ``sea level rise'' in the application.
amendment no. 194 offered by mr. castro of texas
Page 567, line 2, insert after ``inclusion'' the following:
``, including those that do not represent the demographic
diversity and history of the community''.
amendment no. 196 offered by mr. cohen of tennessee
At the end of the division D (before the short title),
insert the following:
TITLE X--ADDITIONAL PROVISION
Sec. 10__. (a) None of the funds appropriated or otherwise
made available by this Act may be made available to enter
into any new contract, grant, or cooperative agreement with
any entity listed in subsection (b).
(b) The entities listed in this subsection are the
following:
----------------------------------------------------------------------------------------------------------------
Trump International Hotel & Tower Trump International Hotel & Golf Trump International Hotel Las Vegas,
Chicago, Chicago, IL Links Ireland (formerly The Lodge Las Vegas, NV
at Doonbeg), Doonbeg, Ireland
Trump National Doral Miami, Miami, Trump International Hotel & Tower Trump SoHo New York, New York City,
FL New York, New York City, NY NY
Trump International Hotel & Tower, Trump International Hotel Waikiki, Trump International Hotel
Vancouver, Vancouver, Canada Honolulu, HI Washington, DC
Trump Tower, 721 Fifth Avenue, New Trump World Tower, 845 United Trump Park Avenue, 502 Park Avenue,
York City, New York Nations Plaza, New York City, New New York City, New York
York
Trump International Hotel & Tower, Trump Parc East, 100 Central Park Trump Palace, 200 East 69th Street,
NY South, New York City, New York New York City, New York
Heritage, Trump Place, 240 Riverside Trump Place, 220 Riverside Blvd, New Trump Place, 200 Riverside Blvd, New
Blvd, New York City, New York York City, New York York City, New York
Trump Grande, Sunny Isles, FL Trump Hollywood Florida, Hollywood, Trump Plaza, New Rochelle, NY
Florida
Trump Tower at City Center, Trump Park Residences, Yorktown, NY Trump Parc Stamford, Stamford,
Westchester, NY Connecticut
Trump Plaza Residences, Jersey City, The Estate at Trump National, Los Trump Towers Pune, India, Pune,
NJ Angeles, CA India
Trump Tower Mumbai, India, Mumbai, Trump Towers Makati, Philippines, Trump International Vancouver,
India Makati, Philippines Vancouver, Canada
Trump Towers Istanbul, Sisli, Trump Tower Punta Del Este, Uruguay, Briar Hall Operations LLC, New York,
Istanbul, Sisli Punta Sel Este, Uruguay New York
DT Dubai Golf Manager LLC, New York, DT Dubai Golf Manager Member Corp, DT Dubai II Golf Manager LLC, New
New York New York, New York York, New York
DT Home Marks International LLC, New DT Home Marks International Member DT India Venture LLC, New York, New
York, New York Corp, New York, New York York
DT India Venture Managing Member DT Marks Baku LLC, New York, New DT Marks Baku Managing Member Corp,
Corp, New York, New York York New York, New York
DT Marks Dubai LLC, New York, New DT Marks Dubai Member Corp, New DT Marks Dubai II LLC, New York, New
York York, New York York
DT Marks Dubai II Member Corp, New DT Marks Gurgaon LLC, New York, New DT Marks Gurgaon Managing Member
York, New York York Corp, New York, New York
DT Marks Jersey City LLC, New York, DT Marks Jupiter LLC, New York, New DT Mark Qatar LLC, New York, New
New York York York
DT Marks Qatar Member Corp, New DT Marks Products International LLC, DT Marks Product International
York, New York New York, New York Member Corp, New York, New York
DT Marks Pune LLC, New York, New DT Marks Pune Managing Member Corp, DT MARKS PUNE II LLC, New York, New
York New York, New York York
[[Page H4155]]
DT Marks Pune II Managing Member DT Marks Rio LLC, New York, New York DT Marks Rio Member Corp, New York,
Corp, New York, New York New York
DT Marks Vancouver LP, New York, New DT Marks Vancouver Managing Member DT Marks Worli LLC, New York, New
York Corp, New York, New York York
DT Marks Worli Member Corp, New DT Tower Gurgaon LLC, New York, New DT Tower Gurgaon Managing Member
York, New York York Corp, New York, New York
Indian Hills Holdings LLC f/k/a Jupiter Golf Club LLC (Trump Jupiter Golf Club Managing Member
Indian Hills Development LLC, New National Gold Club-Jupiter), New Corp, New York, New York
York, New York York, New York
Lamington Family Holdings LLC, New Lawrence Towers Apartments, New LFB Acquisition LLC, New York, New
York, New York York, New York York
LFB Acquisition Member Corp, New MAR-A-LAGO CLUB, L.L.C., Palm Beach, Mar A Lago Club, L.L.C, New York,
York, New York Florida New York
Nitto World Co, Limited, Turnberry, OPO Hotel Manager LLC, New York, New OPO Hotel Manager Member Corp, New
Scotland York York, New York
OWO Developer LLC, New York, New TIGL Ireland Enterprises Limited TIGL Ireland Management Limited,
York (Trump International Golf Links- Doonbeg, Ireland
Doonbeg), Doonbeg, Ireland
Ace Entertainment Holdings Inc (f/k/ Trump Chicago Commercial Member Trump Chicago Commercial Manager
a Trump Casinos Inc and formerly Corp, New York, New York LLC, New York, New York
Trump Taj Mahal, Inc), Atlantic
City, NJ
Trump Chicago Development LLC, New Trump Chicago Hotel Member Corp, New Trump Chicago Hotel Manager LLC, New
York, New York York, New York York, New York
Trump Chicago Managing Member LLC, Trump Chicago Member LLC, New York, Trump Chicago Residential Member
New York, New York New York Corp, New York, New York
Trump Chicago Residential Manager Trump Chicago Retail LLC, New York, Trump Chicago Retail Manager LLC,
LLC, New York, New York New York New York, New York
Trump Chicago Retail Member Corp, Trump Drinks Israel Holdings LLC, Trump Drinks Israel Holdings Member
New York, New York New York, New York Corp, New York, New York
Trump Drinks Israel LLC, New York, Trump Drinks Israel Member Corp, New Trump Endeavor 12 LLC (Trump
New York York, New York National Doral), New York, New York
Trump Endeavor 12 Manager Corp, New Trump Golf Acquisitions LLC, New Trump Golf Coco Beach LLC, New York,
York, New York York, New York New York
Trump Golf Coco Beach Member Corp, Trump International Development LLC, Trump International Golf Club LC
New York, New York New York, New York (Trump International Golf Club-
Florida), New York, New York
Trump International Golf Club Trump International Golf Club, Inc, Trump International Hotel and Tower
Scotland Limited, Aberdeen, Palm Beach, Florida Condominium, New York, New York
Scotland
Trump International Hotel Hawaii Trump International Hotels Trump International Management Corp,
LLC, New York, New York Management LLC, New York, New York New York, New York
Trump Korean Projects LLC, New York, Trump Marks Atlanta LLC, New York, Trump Marks Atlanta Member Corp, New
New York New York York, New York
Trump Marks Baja Corp, New York, New Trump Marks Baja LLC, New York, New Trump Marks Batumi, LLC, New York,
York York New York
Trump Marks Beverages Corp, New Trump Marks Beverages, LLC New York, Trump Marks Canouan Corp, New York,
York, New York New York New York
Trump Marks Canouan, LLC New York, Trump Marks Chicago LLC, New York, Trump Marks Chicago Member Corp, New
New York New York York, New York
Trump Marks Dubai Corp, New York, Trump Marks Dubai LLC, New York, New Trump Marks Egypt Corp, New York,
New York York New York
Trump Marks Egypt LLC, New York, New Trump Marks Fine Foods LLC, New Trump Marks Fine Foods Member Corp,
York York, New York New York, New York
Trump Marks Ft. Lauderdale LLC, New Trump Marks Ft. Lauderdale Member Trump Marks GP Corp, New York, New
York, New York Corp, New York, New York York
Trump Marks Holdings LP (FKA Trump Trump Marks Hollywood Corp, New Trump Marks Hollywood LLC, New York,
Marks LP), New York, New York York, New York New York
Trump Marks Istanbul II Corp, New Trump Marks Istanbul II LLC, New Trump Marks Jersey City Corp, New
York, New York York, New York York, New York
Trump Marks Jersey City LLC, New Trump Marks Mattress LLC, New York, Trump Marks Mattress Member Corp,
York, New York New York New York, New York
Trump Marks Menswear LLC, New York, Trump Marks Menswear Member Corp, Trump Marks Mortgage Corp, New York,
New York New York, New York New York
Trump Marks Mtg LLC, New York, New Trump Marks Mumbai LLC, New York, Trump Marks Mumbai Member Corp, New
York New York York, New York
Trump Marks New Rochelle Corp, New Trump Marks New Rochelle LLC, New Trump Marks Palm Beach Corp, New
York, New York York, New York York, New York
Trump Marks Palm Beach LLC, New Trump Marks Panama Corp, New York, Trump Marks Panama LLC, New York,
York, New York New York New York
Trump Marks Philadelphia Corp, New Trump Marks Philadelphia LLC, New Trump Marks Philippines Corp, New
York, New York York, New York York, New York
Trump Marks Philippines LLC, New Trump Marks Products LLC, New York, The Trump Organization, Inc, New
York, New York New York York, New York
Trump Marks Products Member Corp, Trump Marks Puerto Rico I LLC, New Trump Marks Puerto Rico I Member
New York, New York York, New York Corp, New York, New York
Trump Marks Puerto Rico II LLC, New Trump Marks Puerto Rico II Member Trump Marks Punta del Este LLC, New
York, New York Corp, New York, New York York, New York
Trump Marks Punta del Este Manager The Donald J. Trump Company LLC, New The Trump Marks Real Estate Corp,
Corp, New York, New York York, New York New York, New York
Trump Marks SOHO License Corp, New Trump Marks SOHO LLC, New York, New Trump Marks Stamford LLC, New York,
York, New York York New York
Trump Marks Stamford Corp, New York, Trump Marks Sunny Isles I LLC, New Trump Marks Sunny Isles I Member
New York York, New York Corp, New York, New York
Trump Marks Sunny Isles II LLC, New Trump Marks Sunny Isles II Member Trump Marks Tampa Corp, New York,
York, New York Corp, New York, New York New York
Trump Marks Tampa LLC, New York, New Trump Marks Toronto Corp, New York, Trump Marks Toronto LLC, New York,
York New York New York
Trump Marks Toronto LP (formally Trump Marks Waikiki Corp, New York, Trump Marks Waikiki LLC, New York,
Trump Toronto Management LP), New New York New York
York, New York
Trump Marks Westchester Corp, New Trump Marks Westchester LLC, New Trump Marks White Plains LLC, New
York, New York York, New York York, New York
Trump Miami Resort Management LLC, Trump Miami Resort Management Member Trump National Golf Club Colts Neck
New York, New York Corp, New York, New York LLC, New York, New York
Trump National Golf Club Colts Neck Trump National Golf Club LLC (Trump Trump National Golf Club Member
Member Corp, New York, New York National Golf Club- Westchester), Corp, New York, New York
New York, New York
Trump National Golf Club Washington Trump National Golf Club Washington Trump Old Post Office LLC, New York,
DC LCC, New York, New York DC Member Corp, New York, New York New York
Trump Old Post Office Member Corp, Trump On the Ocean LLC, New York, Trump Organization LLC, New York,
New York, New York New York New York
The Trump Organization, New York, Trump Pageants, Inc, New York, New Trump Palace Condominium, New York,
New York York New York
Trump Palace/Parc LLC, New York, New Trump Panama Condominium Management Trump Panama Condominium Member
York LLC, New York, New York Corp, New York, New York
Trump Panama Hotel Management LLC, Trump Panama Hotel Management Member Trump Parc East Condominium, New
New York, New York Corp, New York, New York York, New York
Trump Park Avenue Acquisition LLC, Trump Park Avenue LLC, New York, New Trump Payroll Chicago LLC, New York,
New York, New York York New York
Trump Payroll Corp, New York, New Trump Phoenix Development LLC, New Trump Plaza LLC, New York, New York
York York, New York
Trump Plaza Member Inc (F/K/A Trump Trump Productions LLC (former Rancho Trump Production Managing Member
Plaza Corp), New York, New York Lien LLC), New York, New York Inc, New York, New York
Trump Project Manager Corp, New Trump Restaurants LLC, New York, New Trump Riverside Management LLC, New
York, New York York York, New York
[[Page H4156]]
Trump Ruffin Commercial LLC, New Trump Ruffin LLC, Las Vegas, NV Trump Ruffin Tower I LLC, Las Vegas,
York, New York NV
Trump Sales & Leasing Chicago LLC, Trump Sales & Leasing Chicago Member Trump Scotland Member Inc, Aberdeen,
Chicago, IL Corp, Chicago, IL Scotland
Trump Scotsborough Square LLC, Trump SoHo Hotel Condominium New Trump SoHo Member LLC, New York, New
Scotsborough Square, VA York, New York, New York York
Trump Toronto Development Inc, New Trump Toronto Member Corp (formally Trump Tower Commercial LLC, New
York, New York Trump Toronto Management Member York, New York
Corp), New York, New York
Trump Tower Managing Member Inc, New Trump Village Construction Corp, New Trump Vineyard Estates LLC, New
York, New York York, New York York, New York
Trump Vineyard Estates Manager Corp, Trump Vineyard Estates Lot 3 Owner Trump Virginia Acquisitions LLC (fka
New York, New York LLC (F/K/A Eric Trump Land Holdings Virginia Acquisitions LLC), New
LLC), New York, New York York, New York
Trump Virginia Acquisitions Manager Trump Virginia Lot 5 LLC, New York, Trump Virginia Lot 5 Manager Corp,
Corp, New York, New York New York New York, New York
Trump Wine Marks LLC, New York, New Trump Wine Marks Member Corp, New Trump World Productions LLC, New
York York, New York York, New York
Trump World Productions Manager Trump World Publications LLC, New Trump/New World Property Management
Corp, New York, New York York, New York LLC, New York, New York
Trump's Castle Management Corp, Trump Marks White Plains Corp, New Turnberry Scotland Managing Member
Atlantic City, NJ York, New York Corp, Turnberry, Scotland
Turnberry Scotland LLC, Turnberry, TW Venture I LLC, Palm Beach, TW Venture II LLC, Doonbeg, Ireland
Scotland Florida
TW Venture I Managing Member Corp, TW Venture II Managing Member Corp, Ultimate Air Corp, New York, New
Palm Beach, Florida Doonbeg, Ireland York
Unit 2502 Enterprises Corp, Chicago, Unit 2502 Enterprises LLC, Chicago, VHPS LLC, Los Angeles, CA
IL IL
West Palm Operations LLC, WPB, Wexford Hall Inc., New York, New White Course LLC, Miami, FL
Florida York
White Course Managing Member Corp, Wilshire Hall LLC, New York, New Wollman Rink Operations LLC, New
Miami FL York York, New York
Yorktown Real Estate LLC (F/K/A/ The Fred C. Trump December 16, 1976 The Fred C. Trump December 16, 1976
Yorktown Development Associates Trust- F/B/O Donald J. Trump, New Trust- F/B/O Robert S. Trump, New
LLC), New York, New York York, New York York, New York
The Fred C. Trump December 16, 1976 Fred C. Trump GRAT Trust- F/B/O Trust U/W/O Fred C. Trump- F/B/O
Trust- F/B/O Elizabeth J. Trump, Elizabeth Trump Grau, New York, New Elizabeth Trump Grau, New York, New
New York, New York York York
Maryanne Trump GRAT Trust- F/B/O Trust U/W/O Fred C. Trump- F/B/O the The Donald J. Trump grantor Trust -
Elizabeth Trump Grau, New York, New grandchildren of Fred C. Trump, New DJT is the Trustee Successor -
York York, New York Trustee is Donald J. Trump, Jr.,
New York, New York
The Donald J. Trump Revocable Trust, The Police Athletic League, Inc, New DT Bali Golf Manager LLC, New York,
New York, New York York, New York New York
DT Bali Golf Manager Member Corp, DT Bali Hotel Manager LLC, New York, DT Bali Hotel Manager Member Corp,
New York, New York New York New York, New York
DT Bali Technical Services Manager DT Bali Technical Services Manager DT Connect Europe Limited,
LLC, New York, New York Member Corp, New York, New York Turnberry, Scotland
DT Endeavor I LLC, New York, New DT Endeavor I Member Corp, New York, DT Lido Golf Manager LLC, New York,
York New York New York
DT Lido Golf Manager Member Corp, DT Lido Hotel Manager LLC, New York, DT Lido Hotel Manager Member Corp,
New York, New York New York New York, New York
DT Marks Bali LLC, New York, New DT Marks Bali Member Corp, New York, DT Marks Lido LLC, New York, New
York New York York
DT Marks Lido Member Corp, New York, DT Tower I LLC, New York, New York DT Tower I Member Corp, New York,
New York New York
DT Tower II LLC, New York, New York DT Tower II Member Corp, New York, DT Tower Kolkata LLC, New York, New
New York York
DT Tower Kolkata Managing Member DT Venture I LLC, New York, New York DT Venture I Member Corp, New York,
Corp, New York, New York New York
DT Venture II LLC, New York, New DT Venture II Member Corp, New York, DTTM Operations LLC, New York, New
York New York York
DTTM Operations Managing Member, New EID Venture II LLC, New York, New EID Venture II Member Corp, New
York, New York York York, New York
THC DC Restaurant Hospitality LLC, Lamington Farm Club (TRUMP NATIONAL Mobile Payroll Construction LLC, New
New York, New York GOLF CLUB-BEDMINSTER)*, Bedminster, York, New York
NJ
Mobile Payroll Construction Manager C DEVELOPMENT VENTURES LLC, New C DEVELOPMENT VENTURES MEMBER CORP,
Corp, New York, New York York, New York New York, New York
TC MARKS BUENOS AIRES LLC, New York, Midland Associates, New York, New Miss Universe L.P., LLLP (formerly
New York York Trump Pageants, L.P.), New York,
New York
Trump Central Park West Corp, New DT Marks Qatar LLC, New York, New 40 Wall Street LLC, New York, New
York, New York York York
401 North Wabash Venture LLC, 809 North Canon LLC, Beverly Hills, Caribuslness Investments, S.R.L.,
Chicago, IL CA Dominican Republic
County Properties, LLC, Norfolk, VA DJT Aerospace LLC, New York, New DJT Operations I LLC, New York, New
York York
DT Connect II LLC, Palm Beach, Excel Venture I LLC, St. Martin, Fifty-Seventh Street Associates LLC,
Florida French West Indies New York, New York
Pine Hill Development LLC, Pine Seven Springs LLC, Mt. Kisco, NY Trump Turnberry , Turnberry,
Hill, NJ Scotland
The East 61 Street Company, LP, New The Trump Corporation, New York, New TIHT Commercial LLC, New York, New
York, New York York York
TIHT Holding Company LLC, New York, Trump National Golf Club - Hudson Trump National Golf Club -
New York Valley, Hopewell Junction, NY Charlotte, Charlotte, NC
Trump National Golf Club - Trump International Golf Links - Trump Las Vegas Development LLC, Las
Philadelphia, Pine Hill, NJ Scotland, Aberdeen, Scotland Vegas, NV
Trump Marks Asia LLC, Sterling, VA Trump Model Management LLC, New Trump National Golf Club -
York, New York Washington DC, Potomac Falls, VA
1125 South Ocean LLC, Palm Beach, T Promotions LLC, New York, New York HWA 555 Owners, LLC, San Francisco,
Florida CA
1290 Avenue of the Americas, A Trump Tower Triplex, New York, New N/K/A DTW VENTURE LLC, Palm Beach,
Tenancy-In-Common, New York, New York Florida
York
THC Vancouver Management Corp, TNGC Jupiter Management Corp, Trump Toronto Hotel Management Corp,
Vancouver, Canada Jupiter, FL New York, New York
Trump Management Inc., Manhasset, NY THC Miami Restaurant Hospitality THC IMEA Development LLC, New York,
LLC, Miami, FL New York
DT Lido Technical Services Manager Trump Las Vegas Sales & Marketing, Albemarle Estate, Charlottesville,
LLC, Lido, Indonesia Inc., Las Vegas, NV VA
MacLeod House & Lodge, Aberdeen, Trump Golf Links at Ferry Point, New Trump International Golf Club,
Scotland York City, New York Dubai, UAE
Trump World Golf Club Dubai, UAE Trump International Resort & Golf Seven Springs, Bedford, NY
Club Lido, Lido City, Indonesia
Le Chateau des Palmiers, St. Martin, Trump World, Seoul, South Korea Trump Towers, Sunny Isles, FL
French West Indies
D B Pace Acquisition, LLC, New York, DJT HOLDINGS LLC, New York, NY Golf Productions LLC, New York, NY
NY
T International Realty LLC, New THC CENTRAL RESERVATIONS LLC, New THC CHINA DEVELOPMENT LLC, New York,
York, NY York, NY NY
THC SALES & MARKETING LLC, New York, The Trump-Equitable Fifth Avenue TRUMP 106 CPS LLC, New York, NY
NY Company, New York, NY
TRUMP BOOKS LLC /THE MIDAS TOUCH, TRUMP CAROUSEL LLC, New York, NY TRUMP CPS LLC, New York, NY
New York, NY
TRUMP FERRY POINT LLC, New York, NY TRUMP HOME MARKS LLC, New York, NY TRUMP ICE LLC, New York, NY
STORAGE 106 LLC, New York, NY SC CLEVELAND MS MANAGEMENT LLC, T RETAIL LLC, New York, NY
Cleveland, MS
WESTMINSTER HOTEL MANAGEMENT LLC, GOLF RECREATION SCOTLAND LIMITED, TRUMP DEVELOPMENT SERVICES LLC, New
Livingston, NJ Turnberry, Scotland York, NY
4T HOLDINGS TWO LLC, New York, NY T EXPRESS LLC, New York, NY ....................................
----------------------------------------------------------------------------------------------------------------
[[Page H4157]]
Amendment No. 198 Offered by Mr. Gottheimer of New Jersey
Page 581, line 6, after the dollar amount, insert
``(increased by $1,000,000)''.
Amendment No. 203 Offered by Mr. Krishnamoorthi of Illinois
At the end of division D (before the short title), insert
the following:
Sec. 901. None of the funds made available by this Act may
be used in contravention of section 2635.702 of title 5, Code
of Federal Regulations.
Amendment No. 205 Offered by Mr. Lipinski of Illinois
Page 504, line 9, after the dollar amount, insert
``(reduced by $1,000,000) (increased by $1,000,000)''.
Amendment No. 208 Offered by Mr. Neguse of Colorado
Page 464, beginning line 12, strike ``: Provided further''
and all that follows through line 17 and insert a period.
Amendment No. 209 Offered by Mr. Pascrell of New Jersey
Page 471, line 14, after the dollar amount, insert
``(reduced by $2,000,000)''.
Page 473, line 20, after the dollar amount, insert
``(reduced by $2,000,000)''.
Page 503, line 10, after the dollar amount, insert
``(increased by $2,000,000)''.
Amendment No. 210 Offered by Ms. Pressley of Massachusetts
Page 462, line 5, after the dollar amount, insert
``(increased by $1,000,000)''.
Page 471, line 14, after the dollar amount, insert
``(reduced by $1,000,000)''.
Page 473, line 20, after the dollar amount, insert
``(reduced by $1,000,000)''.
Amendment No. 211 Offered by Miss Rice of New York
Page 471, line 14, after the dollar amount, insert
``(reduced by $2,000,000)''.
Page 473, line 20, after the dollar amount, insert
``(reduced by $2,000,000)''.
Page 491, line 10, after the dollar amount, insert
``(increased by $1,600,000)''.
Amendment No. 213 Offered by Ms. Speier of California
Page 411, line 22, after the dollar amount, insert
``(increased by $10,000,000)''.
Page 471, line 14, after the dollar amount, insert
``(reduced by $10,000,000)''.
Page 473, line 20, after the dollar amount, insert
``(reduced by $10,000,000)''.
amendment no. 215 offered by ms. waters of california
At the end of division D (before the short title), insert
the following:
Sec. __. None of the funds made available by this Act may
be used to implement, administer, or enforce the amendments
to sections 240.14a-1(l), 240.14a-2, or 240.14a-9 of title
17, Code of Federal Regulations, that were adopted by the
Securities and Exchange Commission on July 22, 2020.
amendment no. 216 offered by ms. waters of california
Page 405, line 10, after the dollar amount, insert
``(reduced by $68,400,000) (increased by $68,400,000)''.
amendment no. 218 offered by ms. adams of north carolina
At the end of division F (before the short title), insert
the following:
Sec. ___. None of the funds made available by this Act may
be used to implement or enforce the guidance contained in WHD
Field Bulletin No. 2020-2.
amendment no. 221 offered by mr. bera of california
Page 744, line 9, after the dollar amount, insert
``(reduced by $1,000,000) (increased by $1,000,000)''.
amendment no. 222 offered by mr. bera of california
Page 740, line 17, after the dollar amount, insert
``(reduced by $1,000,000) (increased by $1,000,000)''.
amendment no. 224 offered by mr. beyer of virginia
Page 780, line 11, after the first dollar amount, insert
``(reduced by $500,000) (increased by $500,000)''.
Amendment No. 228 Offered by Mr. Cohen of Tennessee
At the end of division F (before the short title), insert
the following:
Sec. __. (a) None of the funds appropriated or otherwise
made available by this Act may be made available to enter
into any new contract, grant, or cooperative agreement with
any entity listed in subsection (b).
(b) The entities listed in this subsection are the
following:
----------------------------------------------------------------------------------------------------------------
Trump International Hotel & Tower Trump International Hotel & Golf Trump International Hotel Las Vegas,
Chicago, Chicago, IL Links Ireland (formerly The Lodge Las Vegas, NV
at Doonbeg), Doonbeg, Ireland
Trump National Doral Miami, Miami, Trump International Hotel & Tower Trump SoHo New York, New York City,
FL New York, New York City, NY NY
Trump International Hotel & Tower, Trump International Hotel Waikiki, Trump International Hotel
Vancouver, Vancouver, Canada Honolulu, HI Washington, DC
Trump Tower, 721 Fifth Avenue, New Trump World Tower, 845 United Trump Park Avenue, 502 Park Avenue,
York City, New York Nations Plaza, New York City, New New York City, New York
York
Trump International Hotel & Tower, Trump Parc East, 100 Central Park Trump Palace, 200 East 69th Street,
NY South, New York City, New York New York City, New York
Heritage, Trump Place, 240 Riverside Trump Place, 220 Riverside Blvd, New Trump Place, 200 Riverside Blvd, New
Blvd, New York City, New York York City, New York York City, New York
Trump Grande, Sunny Isles, FL Trump Hollywood Florida, Hollywood, Trump Plaza, New Rochelle, NY
Florida
Trump Tower at City Center, Trump Park Residences, Yorktown, NY Trump Parc Stamford, Stamford,
Westchester, NY Connecticut
Trump Plaza Residences, Jersey City, The Estate at Trump National, Los Trump Towers Pune, India, Pune,
NJ Angeles, CA India
Trump Tower Mumbai, India, Mumbai, Trump Towers Makati, Philippines, Trump International Vancouver,
India Makati, Philippines Vancouver, Canada
Trump Towers Istanbul, Sisli, Trump Tower Punta Del Este, Uruguay, Briar Hall Operations LLC, New York,
Istanbul, Sisli Punta Sel Este, Uruguay New York
DT Dubai Golf Manager LLC, New York, DT Dubai Golf Manager Member Corp, DT Dubai II Golf Manager LLC, New
New York New York, New York York, New York
DT Home Marks International LLC, New DT Home Marks International Member DT India Venture LLC, New York, New
York, New York Corp, New York, New York York
DT India Venture Managing Member DT Marks Baku LLC, New York, New DT Marks Baku Managing Member Corp,
Corp, New York, New York York New York, New York
DT Marks Dubai LLC, New York, New DT Marks Dubai Member Corp, New DT Marks Dubai II LLC, New York, New
York York, New York York
DT Marks Dubai II Member Corp, New DT Marks Gurgaon LLC, New York, New DT Marks Gurgaon Managing Member
York, New York York Corp, New York, New York
DT Marks Jersey City LLC, New York, DT Marks Jupiter LLC, New York, New DT Mark Qatar LLC, New York, New
New York York York
DT Marks Qatar Member Corp, New DT Marks Products International LLC, DT Marks Product International
York, New York New York, New York Member Corp, New York, New York
DT Marks Pune LLC, New York, New DT Marks Pune Managing Member Corp, DT MARKS PUNE II LLC, New York, New
York New York, New York York
DT Marks Pune II Managing Member DT Marks Rio LLC, New York, New York DT Marks Rio Member Corp, New York,
Corp, New York, New York New York
DT Marks Vancouver LP, New York, New DT Marks Vancouver Managing Member DT Marks Worli LLC, New York, New
York Corp, New York, New York York
DT Marks Worli Member Corp, New DT Tower Gurgaon LLC, New York, New DT Tower Gurgaon Managing Member
York, New York York Corp, New York, New York
Indian Hills Holdings LLC f/k/a Jupiter Golf Club LLC (Trump Jupiter Golf Club Managing Member
Indian Hills Development LLC, New National Gold Club-Jupiter), New Corp, New York, New York
York, New York York, New York
Lamington Family Holdings LLC, New Lawrence Towers Apartments, New LFB Acquisition LLC, New York, New
York, New York York, New York York
LFB Acquisition Member Corp, New MAR-A-LAGO CLUB, L.L.C., Palm Beach, Mar A Lago Club, L.L.C, New York,
York, New York Florida New York
Nitto World Co, Limited, Turnberry, OPO Hotel Manager LLC, New York, New OPO Hotel Manager Member Corp, New
Scotland York York, New York
OWO Developer LLC, New York, New TIGL Ireland Enterprises Limited TIGL Ireland Management Limited,
York (Trump International Golf Links- Doonbeg, Ireland
Doonbeg), Doonbeg, Ireland
Ace Entertainment Holdings Inc (f/k/ Trump Chicago Commercial Member Trump Chicago Commercial Manager
a Trump Casinos Inc and formerly Corp, New York, New York LLC, New York, New York
Trump Taj Mahal, Inc), Atlantic
City, NJ
Trump Chicago Development LLC, New Trump Chicago Hotel Member Corp, New Trump Chicago Hotel Manager LLC, New
York, New York York, New York York, New York
Trump Chicago Managing Member LLC, Trump Chicago Member LLC, New York, Trump Chicago Residential Member
New York, New York New York Corp, New York, New York
[[Page H4158]]
Trump Chicago Residential Manager Trump Chicago Retail LLC, New York, Trump Chicago Retail Manager LLC,
LLC, New York, New York New York New York, New York
Trump Chicago Retail Member Corp, Trump Drinks Israel Holdings LLC, Trump Drinks Israel Holdings Member
New York, New York New York, New York Corp, New York, New York
Trump Drinks Israel LLC, New York, Trump Drinks Israel Member Corp, New Trump Endeavor 12 LLC (Trump
New York York, New York National Doral), New York, New York
Trump Endeavor 12 Manager Corp, New Trump Golf Acquisitions LLC, New Trump Golf Coco Beach LLC, New York,
York, New York York, New York New York
Trump Golf Coco Beach Member Corp, Trump International Development LLC, Trump International Golf Club LC
New York, New York New York, New York (Trump International Golf Club-
Florida), New York, New York
Trump International Golf Club Trump International Golf Club, Inc, Trump International Hotel and Tower
Scotland Limited, Aberdeen, Palm Beach, Florida Condominium, New York, New York
Scotland
Trump International Hotel Hawaii Trump International Hotels Trump International Management Corp,
LLC, New York, New York Management LLC, New York, New York New York, New York
Trump Korean Projects LLC, New York, Trump Marks Atlanta LLC, New York, Trump Marks Atlanta Member Corp, New
New York New York York, New York
Trump Marks Baja Corp, New York, New Trump Marks Baja LLC, New York, New Trump Marks Batumi, LLC, New York,
York York New York
Trump Marks Beverages Corp, New Trump Marks Beverages, LLC New York, Trump Marks Canouan Corp, New York,
York, New York New York New York
Trump Marks Canouan, LLC New York, Trump Marks Chicago LLC, New York, Trump Marks Chicago Member Corp, New
New York New York York, New York
Trump Marks Dubai Corp, New York, Trump Marks Dubai LLC, New York, New Trump Marks Egypt Corp, New York,
New York York New York
Trump Marks Egypt LLC, New York, New Trump Marks Fine Foods LLC, New Trump Marks Fine Foods Member Corp,
York York, New York New York, New York
Trump Marks Ft. Lauderdale LLC, New Trump Marks Ft. Lauderdale Member Trump Marks GP Corp, New York, New
York, New York Corp, New York, New York York
Trump Marks Holdings LP (FKA Trump Trump Marks Hollywood Corp, New Trump Marks Hollywood LLC, New York,
Marks LP), New York, New York York, New York New York
Trump Marks Istanbul II Corp, New Trump Marks Istanbul II LLC, New Trump Marks Jersey City Corp, New
York, New York York, New York York, New York
Trump Marks Jersey City LLC, New Trump Marks Mattress LLC, New York, Trump Marks Mattress Member Corp,
York, New York New York New York, New York
Trump Marks Menswear LLC, New York, Trump Marks Menswear Member Corp, Trump Marks Mortgage Corp, New York,
New York New York, New York New York
Trump Marks Mtg LLC, New York, New Trump Marks Mumbai LLC, New York, Trump Marks Mumbai Member Corp, New
York New York York, New York
Trump Marks New Rochelle Corp, New Trump Marks New Rochelle LLC, New Trump Marks Palm Beach Corp, New
York, New York York, New York York, New York
Trump Marks Palm Beach LLC, New Trump Marks Panama Corp, New York, Trump Marks Panama LLC, New York,
York, New York New York New York
Trump Marks Philadelphia Corp, New Trump Marks Philadelphia LLC, New Trump Marks Philippines Corp, New
York, New York York, New York York, New York
Trump Marks Philippines LLC, New Trump Marks Products LLC, New York, The Trump Organization, Inc, New
York, New York New York York, New York
Trump Marks Products Member Corp, Trump Marks Puerto Rico I LLC, New Trump Marks Puerto Rico I Member
New York, New York York, New York Corp, New York, New York
Trump Marks Puerto Rico II LLC, New Trump Marks Puerto Rico II Member Trump Marks Punta del Este LLC, New
York, New York Corp, New York, New York York, New York
Trump Marks Punta del Este Manager The Donald J. Trump Company LLC, New The Trump Marks Real Estate Corp,
Corp, New York, New York York, New York New York, New York
Trump Marks SOHO License Corp, New Trump Marks SOHO LLC, New York, New Trump Marks Stamford LLC, New York,
York, New York York New York
Trump Marks Stamford Corp, New York, Trump Marks Sunny Isles I LLC, New Trump Marks Sunny Isles I Member
New York York, New York Corp, New York, New York
Trump Marks Sunny Isles II LLC, New Trump Marks Sunny Isles II Member Trump Marks Tampa Corp, New York,
York, New York Corp, New York, New York New York
Trump Marks Tampa LLC, New York, New Trump Marks Toronto Corp, New York, Trump Marks Toronto LLC, New York,
York New York New York
Trump Marks Toronto LP (formally Trump Marks Waikiki Corp, New York, Trump Marks Waikiki LLC, New York,
Trump Toronto Management LP), New New York New York
York, New York
Trump Marks Westchester Corp, New Trump Marks Westchester LLC, New Trump Marks White Plains LLC, New
York, New York York, New York York, New York
Trump Miami Resort Management LLC, Trump Miami Resort Management Member Trump National Golf Club Colts Neck
New York, New York Corp, New York, New York LLC, New York, New York
Trump National Golf Club Colts Neck Trump National Golf Club LLC (Trump Trump National Golf Club Member
Member Corp, New York, New York National Golf Club- Westchester), Corp, New York, New York
New York, New York
Trump National Golf Club Washington Trump National Golf Club Washington Trump Old Post Office LLC, New York,
DC LCC, New York, New York DC Member Corp, New York, New York New York
Trump Old Post Office Member Corp, Trump On the Ocean LLC, New York, Trump Organization LLC, New York,
New York, New York New York New York
The Trump Organization, New York, Trump Pageants, Inc, New York, New Trump Palace Condominium, New York,
New York York New York
Trump Palace/Parc LLC, New York, New Trump Panama Condominium Management Trump Panama Condominium Member
York LLC, New York, New York Corp, New York, New York
Trump Panama Hotel Management LLC, Trump Panama Hotel Management Member Trump Parc East Condominium, New
New York, New York Corp, New York, New York York, New York
Trump Park Avenue Acquisition LLC, Trump Park Avenue LLC, New York, New Trump Payroll Chicago LLC, New York,
New York, New York York New York
Trump Payroll Corp, New York, New Trump Phoenix Development LLC, New Trump Plaza LLC, New York, New York
York York, New York
Trump Plaza Member Inc (F/K/A Trump Trump Productions LLC (former Rancho Trump Production Managing Member
Plaza Corp), New York, New York Lien LLC), New York, New York Inc, New York, New York
Trump Project Manager Corp, New Trump Restaurants LLC, New York, New Trump Riverside Management LLC, New
York, New York York York, New York
Trump Ruffin Commercial LLC, New Trump Ruffin LLC, Las Vegas, NV Trump Ruffin Tower I LLC, Las Vegas,
York, New York NV
Trump Sales & Leasing Chicago LLC, Trump Sales & Leasing Chicago Member Trump Scotland Member Inc, Aberdeen,
Chicago, IL Corp, Chicago, IL Scotland
Trump Scotsborough Square LLC, Trump SoHo Hotel Condominium New Trump SoHo Member LLC, New York, New
Scotsborough Square, VA York, New York, New York York
Trump Toronto Development Inc, New Trump Toronto Member Corp (formally Trump Tower Commercial LLC, New
York, New York Trump Toronto Management Member York, New York
Corp), New York, New York
Trump Tower Managing Member Inc, New Trump Village Construction Corp, New Trump Vineyard Estates LLC, New
York, New York York, New York York, New York
Trump Vineyard Estates Manager Corp, Trump Vineyard Estates Lot 3 Owner Trump Virginia Acquisitions LLC (fka
New York, New York LLC (F/K/A Eric Trump Land Holdings Virginia Acquisitions LLC), New
LLC), New York, New York York, New York
Trump Virginia Acquisitions Manager Trump Virginia Lot 5 LLC, New York, Trump Virginia Lot 5 Manager Corp,
Corp, New York, New York New York New York, New York
Trump Wine Marks LLC, New York, New Trump Wine Marks Member Corp, New Trump World Productions LLC, New
York York, New York York, New York
Trump World Productions Manager Trump World Publications LLC, New Trump/New World Property Management
Corp, New York, New York York, New York LLC, New York, New York
Trump's Castle Management Corp, Trump Marks White Plains Corp, New Turnberry Scotland Managing Member
Atlantic City, NJ York, New York Corp, Turnberry, Scotland
[[Page H4159]]
Turnberry Scotland LLC, Turnberry, TW Venture I LLC, Palm Beach, TW Venture II LLC, Doonbeg, Ireland
Scotland Florida
TW Venture I Managing Member Corp, TW Venture II Managing Member Corp, Ultimate Air Corp, New York, New
Palm Beach, Florida Doonbeg, Ireland York
Unit 2502 Enterprises Corp, Chicago, Unit 2502 Enterprises LLC, Chicago, VHPS LLC, Los Angeles, CA
IL IL
West Palm Operations LLC, WPB, Wexford Hall Inc., New York, New White Course LLC, Miami, FL
Florida York
White Course Managing Member Corp, Wilshire Hall LLC, New York, New Wollman Rink Operations LLC, New
Miami FL York York, New York
Yorktown Real Estate LLC (F/K/A/ The Fred C. Trump December 16, 1976 The Fred C. Trump December 16, 1976
Yorktown Development Associates Trust- F/B/O Donald J. Trump, New Trust- F/B/O Robert S. Trump, New
LLC), New York, New York York, New York York, New York
The Fred C. Trump December 16, 1976 Fred C. Trump GRAT Trust- F/B/O Trust U/W/O Fred C. Trump- F/B/O
Trust- F/B/O Elizabeth J. Trump, Elizabeth Trump Grau, New York, New Elizabeth Trump Grau, New York, New
New York, New York York York
Maryanne Trump GRAT Trust- F/B/O Trust U/W/O Fred C. Trump- F/B/O the The Donald J. Trump grantor Trust -
Elizabeth Trump Grau, New York, New grandchildren of Fred C. Trump, New DJT is the Trustee Successor -
York York, New York Trustee is Donald J. Trump, Jr.,
New York, New York
The Donald J. Trump Revocable Trust, The Police Athletic League, Inc, New DT Bali Golf Manager LLC, New York,
New York, New York York, New York New York
DT Bali Golf Manager Member Corp, DT Bali Hotel Manager LLC, New York, DT Bali Hotel Manager Member Corp,
New York, New York New York New York, New York
DT Bali Technical Services Manager DT Bali Technical Services Manager DT Connect Europe Limited,
LLC, New York, New York Member Corp, New York, New York Turnberry, Scotland
DT Endeavor I LLC, New York, New DT Endeavor I Member Corp, New York, DT Lido Golf Manager LLC, New York,
York New York New York
DT Lido Golf Manager Member Corp, DT Lido Hotel Manager LLC, New York, DT Lido Hotel Manager Member Corp,
New York, New York New York New York, New York
DT Marks Bali LLC, New York, New DT Marks Bali Member Corp, New York, DT Marks Lido LLC, New York, New
York New York York
DT Marks Lido Member Corp, New York, DT Tower I LLC, New York, New York DT Tower I Member Corp, New York,
New York New York
DT Tower II LLC, New York, New York DT Tower II Member Corp, New York, DT Tower Kolkata LLC, New York, New
New York York
DT Tower Kolkata Managing Member DT Venture I LLC, New York, New York DT Venture I Member Corp, New York,
Corp, New York, New York New York
DT Venture II LLC, New York, New DT Venture II Member Corp, New York, DTTM Operations LLC, New York, New
York New York York
DTTM Operations Managing Member, New EID Venture II LLC, New York, New EID Venture II Member Corp, New
York, New York York York, New York
THC DC Restaurant Hospitality LLC, Lamington Farm Club (TRUMP NATIONAL Mobile Payroll Construction LLC, New
New York, New York GOLF CLUB-BEDMINSTER)*, Bedminster, York, New York
NJ
Mobile Payroll Construction Manager C DEVELOPMENT VENTURES LLC, New C DEVELOPMENT VENTURES MEMBER CORP,
Corp, New York, New York York, New York New York, New York
TC MARKS BUENOS AIRES LLC, New York, Midland Associates, New York, New Miss Universe L.P., LLLP (formerly
New York York Trump Pageants, L.P.), New York,
New York
Trump Central Park West Corp, New DT Marks Qatar LLC, New York, New 40 Wall Street LLC, New York, New
York, New York York York
401 North Wabash Venture LLC, 809 North Canon LLC, Beverly Hills, Caribuslness Investments, S.R.L.,
Chicago, IL CA Dominican Republic
County Properties, LLC, Norfolk, VA DJT Aerospace LLC, New York, New DJT Operations I LLC, New York, New
York York
DT Connect II LLC, Palm Beach, Excel Venture I LLC, St. Martin, Fifty-Seventh Street Associates LLC,
Florida French West Indies New York, New York
Pine Hill Development LLC, Pine Seven Springs LLC, Mt. Kisco, NY Trump Turnberry , Turnberry,
Hill, NJ Scotland
The East 61 Street Company, LP, New The Trump Corporation, New York, New TIHT Commercial LLC, New York, New
York, New York York York
TIHT Holding Company LLC, New York, Trump National Golf Club - Hudson Trump National Golf Club -
New York Valley, Hopewell Junction, NY Charlotte, Charlotte, NC
Trump National Golf Club - Trump International Golf Links - Trump Las Vegas Development LLC, Las
Philadelphia, Pine Hill, NJ Scotland, Aberdeen, Scotland Vegas, NV
Trump Marks Asia LLC, Sterling, VA Trump Model Management LLC, New Trump National Golf Club -
York, New York Washington DC, Potomac Falls, VA
1125 South Ocean LLC, Palm Beach, T Promotions LLC, New York, New York HWA 555 Owners, LLC, San Francisco,
Florida CA
1290 Avenue of the Americas, A Trump Tower Triplex, New York, New N/K/A DTW VENTURE LLC, Palm Beach,
Tenancy-In-Common, New York, New York Florida
York
THC Vancouver Management Corp, TNGC Jupiter Management Corp, Trump Toronto Hotel Management Corp,
Vancouver, Canada Jupiter, FL New York, New York
Trump Management Inc., Manhasset, NY THC Miami Restaurant Hospitality THC IMEA Development LLC, New York,
LLC, Miami, FL New York
DT Lido Technical Services Manager Trump Las Vegas Sales & Marketing, Albemarle Estate, Charlottesville,
LLC, Lido, Indonesia Inc., Las Vegas, NV VA
MacLeod House & Lodge, Aberdeen, Trump Golf Links at Ferry Point, New Trump International Golf Club,
Scotland York City, New York Dubai, UAE
Trump World Golf Club Dubai, UAE Trump International Resort & Golf Seven Springs, Bedford, NY
Club Lido, Lido City, Indonesia
Le Chateau des Palmiers, St. Martin, Trump World, Seoul, South Korea Trump Towers, Sunny Isles, FL
French West Indies
D B Pace Acquisition, LLC, New York, DJT HOLDINGS LLC, New York, NY Golf Productions LLC, New York, NY
NY
T International Realty LLC, New THC CENTRAL RESERVATIONS LLC, New THC CHINA DEVELOPMENT LLC, New York,
York, NY York, NY NY
THC SALES & MARKETING LLC, New York, The Trump-Equitable Fifth Avenue TRUMP 106 CPS LLC, New York, NY
NY Company, New York, NY
TRUMP BOOKS LLC /THE MIDAS TOUCH, TRUMP CAROUSEL LLC, New York, NY TRUMP CPS LLC, New York, NY
New York, NY
TRUMP FERRY POINT LLC, New York, NY TRUMP HOME MARKS LLC, New York, NY TRUMP ICE LLC, New York, NY
STORAGE 106 LLC, New York, NY SC CLEVELAND MS MANAGEMENT LLC, T RETAIL LLC, New York, NY
Cleveland, MS
WESTMINSTER HOTEL MANAGEMENT LLC, GOLF RECREATION SCOTLAND LIMITED, TRUMP DEVELOPMENT SERVICES LLC, New
Livingston, NJ Turnberry, Scotland York, NY
4T HOLDINGS TWO LLC, New York, NY T EXPRESS LLC, New York, NY ....................................
----------------------------------------------------------------------------------------------------------------
Amendment No. 234 Offered by Ms. Escobar of Texas
Page 780, line 11, after the first dollar amount, insert
``(increased by $1,000,000) (reduced by $1,000,000)''.
Amendment No. 235 Offered by Ms. Escobar of Texas
At the end of division F (before the short title), insert
the following:
Sec. __. None of the funds made available by this Act may
be used to implement or enforce the ``Order Under Sections
362 and 365 of the Public Health Service Act (42 U.S.C. 265,
268); Order Suspending Introduction of Certain Persons From
Countries Where a Communicable Disease Exists'' issued on
March 20, 2020, and published on March 26, 2020, in the
Federal Register.
Amendment No. 237 Offered by Mr. Espaillat of New York
At the end of division F (before the short title), insert
the following:
Sec. ___. None of the funds made available by this Act may
be used by the Office of Refugee Resettlement or the
Department of Health and Human Services to contract with any
for-profit entity to house unaccompanied alien children (as
such term is defined in section 462(g) of the Homeland
Security Act of 2002 (6 U.S.C. 279(g))).
Amendment No. 253 Offered by Ms. Jayapal of Washington
At the end of division F (before the short title), insert
the following:
Sec. _. None of the funds made available by this Act may
be used to enforce the interim final rule entitled ``CARES
Act Programs; Equitable Services to Students and Teachers in
Non-Public Schools'' published by the Department of Education
in the Federal Register on July 1, 2020 (85 Fed. Reg. 39479).
Amendment No. 256 Offered by Ms. Kelly of Illinois
Page 742, line 22, after the first dollar amount, insert
``(increased by $5,000,000)''.
[[Page H4160]]
Page 742, line 22, after the second dollar amount, insert
``(increased by $5,000,000)''.
Page 780, line 11, after the first dollar amount, insert
``(reduced by $5,000,000)''.
Amendment No. 259 Offered by Mr. Levin of Michigan
Page 715, line 16, after the dollar amount, insert
``(reduced by $1,000,000) (increased by $1,000,000)''.
Amendment No. 260 Offered by Mr. Levin of Michigan
At the end of division F, insert the following:
Sec. ___. None of the funds made available by this Act may
be used by the Department of Education for Education Freedom
Scholarships.
Amendment No. 264 Offered by Mrs. McBath of Georgia
Page 742, line 22, after the first dollar amount, insert
``(increased by $5,000,000)''.
Page 780, line 11, after the first dollar amount, insert
``(reduced by $5,000,000)''.
Amendment No. 269 Offered by Mr. Norcross of New Jersey
Page 711, line 13, after the dollar amount, insert
``(increased by $5,000,000) (reduced by $5,000,000)''.
Amendment No. 270 Offered by Mr. Norcross of New Jersey
Page 784, line 15, after the dollar amount, insert
``(increased by $5,000,000) (reduced by $5,000,000)''.
Amendment No. 278 Offered by Ms. Porter of California
Page 799, strike lines 16 through 19, and insert the
following:
(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, including State enrollment figures
disaggregated by race, ethnicity, preferred language, age,
and sex.
Amendment No. 283 Offered by Mrs. Schakowsky of Illinois
Page 759, line 24, after the colon, insert the following:
``Provided further, That of the funds made available under
this heading, $1,000,000 shall be for activities authorized
under section 9032 of Public Law 114-255 and $1,000,000 shall
be for activities authorized under section 549 of the Public
Health Service Act:''.
Amendment No. 284 Offered by Ms. Schrier of Washington
Page 740, line 17, after the dollar amount insert
``(increased by $2,000,000)''.
Page 780, line 11, after the first dollar amount insert
``(reduced by $2,000,000)''.
Amendment No. 286 Offered by Ms. Sherrill of New Jersey
Page 731, line 2, after the dollar amount, insert
``(reduced by $20,000,000) (increased by $20,000,000)''.
Amendment No. 288 Offered by Ms. Slotkin of Michigan
Page 830, line 25, after the dollar amount, insert
``(reduced by $1,000,000) (increased by $1,000,000)''.
Amendment No. 292 Offered by Ms. Speier of California
Page 711, line 13, after the dollar amount, insert
``(increased by $1,436,000)''.
Page 780, line 11, after the first dollar amount, insert
``(reduced by $2,436,000)''.
Amendment No. 297 Offered by Mrs. Trahan of Massachusetts
Page 810, line 17, after the dollar amount, insert
``(reduced by $2,000,000) (increased by $2,000,000)''.
Amendment No. 298 Offered by Mrs. Trahan of Massachusetts
Page 831, line 18, after the dollar amount, insert
``(reduced by $2,000,000) (increased by $2,000,000)''.
Amendment No. 299 Offered by Mrs. Trahan of Massachusetts
Page 780, line 11, after the first dollar amount, insert
``(reduced by $2,000,000)'' (increased by $2,000,000)''.
Amendment No. 301 Offered by Ms. Velazquez of New York
At the end of division F (before the short title), insert
the following:
Sec. ___. None of the funds made available by this Act may
be used to reject any application for a grant available under
funds appropriated by this Act because of the use of the
terms ``vulnerable'', ``entitlement'', ``diversity'',
``transgender'', ``fetus'', ``evidence-based'', or ``science-
based'' in the application.
Amendment No. 302 Offered by Ms. Waters of California
At the end of division F (before the short title), insert
the following:
Sec. __. None of the funds made available by this Act may
be used to finalize, implement, or enforce the proposed rule
titled ``Medicare and Medicaid Programs; Requirements for
Long-Term Care Facilities: Regulatory Provisions To Promote
Efficiency, and Transparency'' published in the Federal
Register by the Centers for Medicare & Medicaid Services on
July 18, 2019 (84 Fed. Reg. 34737 et seq.).
Amendment No. 303 Offered by Ms. Waters of California
At the end of division F (before the short title) insert
the following:
Sec. __. None of the funds made available by this Act may
be used to require hospitals, hospital laboratories, and
acute care facilities to report COVID-19 data using the
``teletracking.protect.hhs.gov'' website that was announced
by the Department of Health and Human Services in the
document titled ``COVID-19 Guidance for Hospital Reporting
and FAQs For Hospitals, Hospital Laboratory, and Acute Care
Facility Data Reporting Updated July 10, 2020''.
Amendment No. 307 Offered by Mrs. Watson Coleman of New Jersey
Page 746, line 7, after the dollar amount insert
``(increased by $500,000) (reduced by $500,000)''.
Amendment No. 308 Offered by Mrs. Watson Coleman of New Jersey
Page 746, line 7, after the dollar amount, insert
``(increased by $5,000,000) (reduced by $5,000,000)''.
Amendment No. 312 Offered by Mr. Cohen of Tennessee
At the end of division G (before the short title), insert
the following:
Sec. __. (a) None of the funds appropriated or otherwise
made available by this Act may be made available to enter
into any new contract, grant, or cooperative agreement with
any entity listed in subsection (b).
(b) The entities listed in this subsection are the
following:
----------------------------------------------------------------------------------------------------------------
Trump International Hotel & Tower Trump International Hotel & Golf Trump International Hotel Las Vegas,
Chicago, Chicago, IL Links Ireland (formerly The Lodge Las Vegas, NV
at Doonbeg), Doonbeg, Ireland
Trump National Doral Miami, Miami, Trump International Hotel & Tower Trump SoHo New York, New York City,
FL New York, New York City, NY NY
Trump International Hotel & Tower, Trump International Hotel Waikiki, Trump International Hotel
Vancouver, Vancouver, Canada Honolulu, HI Washington, DC
Trump Tower, 721 Fifth Avenue, New Trump World Tower, 845 United Trump Park Avenue, 502 Park Avenue,
York City, New York Nations Plaza, New York City, New New York City, New York
York
Trump International Hotel & Tower, Trump Parc East, 100 Central Park Trump Palace, 200 East 69th Street,
NY South, New York City, New York New York City, New York
Heritage, Trump Place, 240 Riverside Trump Place, 220 Riverside Blvd, New Trump Place, 200 Riverside Blvd, New
Blvd, New York City, New York York City, New York York City, New York
Trump Grande, Sunny Isles, FL Trump Hollywood Florida, Hollywood, Trump Plaza, New Rochelle, NY
Florida
Trump Tower at City Center, Trump Park Residences, Yorktown, NY Trump Parc Stamford, Stamford,
Westchester, NY Connecticut
Trump Plaza Residences, Jersey City, The Estate at Trump National, Los Trump Towers Pune, India, Pune,
NJ Angeles, CA India
Trump Tower Mumbai, India, Mumbai, Trump Towers Makati, Philippines, Trump International Vancouver,
India Makati, Philippines Vancouver, Canada
Trump Towers Istanbul, Sisli, Trump Tower Punta Del Este, Uruguay, Briar Hall Operations LLC, New York,
Istanbul, Sisli Punta Sel Este, Uruguay New York
DT Dubai Golf Manager LLC, New York, DT Dubai Golf Manager Member Corp, DT Dubai II Golf Manager LLC, New
New York New York, New York York, New York
DT Home Marks International LLC, New DT Home Marks International Member DT India Venture LLC, New York, New
York, New York Corp, New York, New York York
DT India Venture Managing Member DT Marks Baku LLC, New York, New DT Marks Baku Managing Member Corp,
Corp, New York, New York York New York, New York
DT Marks Dubai LLC, New York, New DT Marks Dubai Member Corp, New DT Marks Dubai II LLC, New York, New
York York, New York York
DT Marks Dubai II Member Corp, New DT Marks Gurgaon LLC, New York, New DT Marks Gurgaon Managing Member
York, New York York Corp, New York, New York
DT Marks Jersey City LLC, New York, DT Marks Jupiter LLC, New York, New DT Mark Qatar LLC, New York, New
New York York York
DT Marks Qatar Member Corp, New DT Marks Products International LLC, DT Marks Product International
York, New York New York, New York Member Corp, New York, New York
DT Marks Pune LLC, New York, New DT Marks Pune Managing Member Corp, DT MARKS PUNE II LLC, New York, New
York New York, New York York
DT Marks Pune II Managing Member DT Marks Rio LLC, New York, New York DT Marks Rio Member Corp, New York,
Corp, New York, New York New York
[[Page H4161]]
DT Marks Vancouver LP, New York, New DT Marks Vancouver Managing Member DT Marks Worli LLC, New York, New
York Corp, New York, New York York
DT Marks Worli Member Corp, New DT Tower Gurgaon LLC, New York, New DT Tower Gurgaon Managing Member
York, New York York Corp, New York, New York
Indian Hills Holdings LLC f/k/a Jupiter Golf Club LLC (Trump Jupiter Golf Club Managing Member
Indian Hills Development LLC, New National Gold Club-Jupiter), New Corp, New York, New York
York, New York York, New York
Lamington Family Holdings LLC, New Lawrence Towers Apartments, New LFB Acquisition LLC, New York, New
York, New York York, New York York
LFB Acquisition Member Corp, New MAR-A-LAGO CLUB, L.L.C., Palm Beach, Mar A Lago Club, L.L.C, New York,
York, New York Florida New York
Nitto World Co, Limited, Turnberry, OPO Hotel Manager LLC, New York, New OPO Hotel Manager Member Corp, New
Scotland York York, New York
OWO Developer LLC, New York, New TIGL Ireland Enterprises Limited TIGL Ireland Management Limited,
York (Trump International Golf Links- Doonbeg, Ireland
Doonbeg), Doonbeg, Ireland
Ace Entertainment Holdings Inc (f/k/ Trump Chicago Commercial Member Trump Chicago Commercial Manager
a Trump Casinos Inc and formerly Corp, New York, New York LLC, New York, New York
Trump Taj Mahal, Inc), Atlantic
City, NJ
Trump Chicago Development LLC, New Trump Chicago Hotel Member Corp, New Trump Chicago Hotel Manager LLC, New
York, New York York, New York York, New York
Trump Chicago Managing Member LLC, Trump Chicago Member LLC, New York, Trump Chicago Residential Member
New York, New York New York Corp, New York, New York
Trump Chicago Residential Manager Trump Chicago Retail LLC, New York, Trump Chicago Retail Manager LLC,
LLC, New York, New York New York New York, New York
Trump Chicago Retail Member Corp, Trump Drinks Israel Holdings LLC, Trump Drinks Israel Holdings Member
New York, New York New York, New York Corp, New York, New York
Trump Drinks Israel LLC, New York, Trump Drinks Israel Member Corp, New Trump Endeavor 12 LLC (Trump
New York York, New York National Doral), New York, New York
Trump Endeavor 12 Manager Corp, New Trump Golf Acquisitions LLC, New Trump Golf Coco Beach LLC, New York,
York, New York York, New York New York
Trump Golf Coco Beach Member Corp, Trump International Development LLC, Trump International Golf Club LC
New York, New York New York, New York (Trump International Golf Club-
Florida), New York, New York
Trump International Golf Club Trump International Golf Club, Inc, Trump International Hotel and Tower
Scotland Limited, Aberdeen, Palm Beach, Florida Condominium, New York, New York
Scotland
Trump International Hotel Hawaii Trump International Hotels Trump International Management Corp,
LLC, New York, New York Management LLC, New York, New York New York, New York
Trump Korean Projects LLC, New York, Trump Marks Atlanta LLC, New York, Trump Marks Atlanta Member Corp, New
New York New York York, New York
Trump Marks Baja Corp, New York, New Trump Marks Baja LLC, New York, New Trump Marks Batumi, LLC, New York,
York York New York
Trump Marks Beverages Corp, New Trump Marks Beverages, LLC New York, Trump Marks Canouan Corp, New York,
York, New York New York New York
Trump Marks Canouan, LLC New York, Trump Marks Chicago LLC, New York, Trump Marks Chicago Member Corp, New
New York New York York, New York
Trump Marks Dubai Corp, New York, Trump Marks Dubai LLC, New York, New Trump Marks Egypt Corp, New York,
New York York New York
Trump Marks Egypt LLC, New York, New Trump Marks Fine Foods LLC, New Trump Marks Fine Foods Member Corp,
York York, New York New York, New York
Trump Marks Ft. Lauderdale LLC, New Trump Marks Ft. Lauderdale Member Trump Marks GP Corp, New York, New
York, New York Corp, New York, New York York
Trump Marks Holdings LP (FKA Trump Trump Marks Hollywood Corp, New Trump Marks Hollywood LLC, New York,
Marks LP), New York, New York York, New York New York
Trump Marks Istanbul II Corp, New Trump Marks Istanbul II LLC, New Trump Marks Jersey City Corp, New
York, New York York, New York York, New York
Trump Marks Jersey City LLC, New Trump Marks Mattress LLC, New York, Trump Marks Mattress Member Corp,
York, New York New York New York, New York
Trump Marks Menswear LLC, New York, Trump Marks Menswear Member Corp, Trump Marks Mortgage Corp, New York,
New York New York, New York New York
Trump Marks Mtg LLC, New York, New Trump Marks Mumbai LLC, New York, Trump Marks Mumbai Member Corp, New
York New York York, New York
Trump Marks New Rochelle Corp, New Trump Marks New Rochelle LLC, New Trump Marks Palm Beach Corp, New
York, New York York, New York York, New York
Trump Marks Palm Beach LLC, New Trump Marks Panama Corp, New York, Trump Marks Panama LLC, New York,
York, New York New York New York
Trump Marks Philadelphia Corp, New Trump Marks Philadelphia LLC, New Trump Marks Philippines Corp, New
York, New York York, New York York, New York
Trump Marks Philippines LLC, New Trump Marks Products LLC, New York, The Trump Organization, Inc, New
York, New York New York York, New York
Trump Marks Products Member Corp, Trump Marks Puerto Rico I LLC, New Trump Marks Puerto Rico I Member
New York, New York York, New York Corp, New York, New York
Trump Marks Puerto Rico II LLC, New Trump Marks Puerto Rico II Member Trump Marks Punta del Este LLC, New
York, New York Corp, New York, New York York, New York
Trump Marks Punta del Este Manager The Donald J. Trump Company LLC, New The Trump Marks Real Estate Corp,
Corp, New York, New York York, New York New York, New York
Trump Marks SOHO License Corp, New Trump Marks SOHO LLC, New York, New Trump Marks Stamford LLC, New York,
York, New York York New York
Trump Marks Stamford Corp, New York, Trump Marks Sunny Isles I LLC, New Trump Marks Sunny Isles I Member
New York York, New York Corp, New York, New York
Trump Marks Sunny Isles II LLC, New Trump Marks Sunny Isles II Member Trump Marks Tampa Corp, New York,
York, New York Corp, New York, New York New York
Trump Marks Tampa LLC, New York, New Trump Marks Toronto Corp, New York, Trump Marks Toronto LLC, New York,
York New York New York
Trump Marks Toronto LP (formally Trump Marks Waikiki Corp, New York, Trump Marks Waikiki LLC, New York,
Trump Toronto Management LP), New New York New York
York, New York
Trump Marks Westchester Corp, New Trump Marks Westchester LLC, New Trump Marks White Plains LLC, New
York, New York York, New York York, New York
Trump Miami Resort Management LLC, Trump Miami Resort Management Member Trump National Golf Club Colts Neck
New York, New York Corp, New York, New York LLC, New York, New York
Trump National Golf Club Colts Neck Trump National Golf Club LLC (Trump Trump National Golf Club Member
Member Corp, New York, New York National Golf Club- Westchester), Corp, New York, New York
New York, New York
Trump National Golf Club Washington Trump National Golf Club Washington Trump Old Post Office LLC, New York,
DC LCC, New York, New York DC Member Corp, New York, New York New York
Trump Old Post Office Member Corp, Trump On the Ocean LLC, New York, Trump Organization LLC, New York,
New York, New York New York New York
The Trump Organization, New York, Trump Pageants, Inc, New York, New Trump Palace Condominium, New York,
New York York New York
Trump Palace/Parc LLC, New York, New Trump Panama Condominium Management Trump Panama Condominium Member
York LLC, New York, New York Corp, New York, New York
Trump Panama Hotel Management LLC, Trump Panama Hotel Management Member Trump Parc East Condominium, New
New York, New York Corp, New York, New York York, New York
Trump Park Avenue Acquisition LLC, Trump Park Avenue LLC, New York, New Trump Payroll Chicago LLC, New York,
New York, New York York New York
Trump Payroll Corp, New York, New Trump Phoenix Development LLC, New Trump Plaza LLC, New York, New York
York York, New York
Trump Plaza Member Inc (F/K/A Trump Trump Productions LLC (former Rancho Trump Production Managing Member
Plaza Corp), New York, New York Lien LLC), New York, New York Inc, New York, New York
Trump Project Manager Corp, New Trump Restaurants LLC, New York, New Trump Riverside Management LLC, New
York, New York York York, New York
Trump Ruffin Commercial LLC, New Trump Ruffin LLC, Las Vegas, NV Trump Ruffin Tower I LLC, Las Vegas,
York, New York NV
[[Page H4162]]
Trump Sales & Leasing Chicago LLC, Trump Sales & Leasing Chicago Member Trump Scotland Member Inc, Aberdeen,
Chicago, IL Corp, Chicago, IL Scotland
Trump Scotsborough Square LLC, Trump SoHo Hotel Condominium New Trump SoHo Member LLC, New York, New
Scotsborough Square, VA York, New York, New York York
Trump Toronto Development Inc, New Trump Toronto Member Corp (formally Trump Tower Commercial LLC, New
York, New York Trump Toronto Management Member York, New York
Corp), New York, New York
Trump Tower Managing Member Inc, New Trump Village Construction Corp, New Trump Vineyard Estates LLC, New
York, New York York, New York York, New York
Trump Vineyard Estates Manager Corp, Trump Vineyard Estates Lot 3 Owner Trump Virginia Acquisitions LLC (fka
New York, New York LLC (F/K/A Eric Trump Land Holdings Virginia Acquisitions LLC), New
LLC), New York, New York York, New York
Trump Virginia Acquisitions Manager Trump Virginia Lot 5 LLC, New York, Trump Virginia Lot 5 Manager Corp,
Corp, New York, New York New York New York, New York
Trump Wine Marks LLC, New York, New Trump Wine Marks Member Corp, New Trump World Productions LLC, New
York York, New York York, New York
Trump World Productions Manager Trump World Publications LLC, New Trump/New World Property Management
Corp, New York, New York York, New York LLC, New York, New York
Trump's Castle Management Corp, Trump Marks White Plains Corp, New Turnberry Scotland Managing Member
Atlantic City, NJ York, New York Corp, Turnberry, Scotland
Turnberry Scotland LLC, Turnberry, TW Venture I LLC, Palm Beach, TW Venture II LLC, Doonbeg, Ireland
Scotland Florida
TW Venture I Managing Member Corp, TW Venture II Managing Member Corp, Ultimate Air Corp, New York, New
Palm Beach, Florida Doonbeg, Ireland York
Unit 2502 Enterprises Corp, Chicago, Unit 2502 Enterprises LLC, Chicago, VHPS LLC, Los Angeles, CA
IL IL
West Palm Operations LLC, WPB, Wexford Hall Inc., New York, New White Course LLC, Miami, FL
Florida York
White Course Managing Member Corp, Wilshire Hall LLC, New York, New Wollman Rink Operations LLC, New
Miami FL York York, New York
Yorktown Real Estate LLC (F/K/A/ The Fred C. Trump December 16, 1976 The Fred C. Trump December 16, 1976
Yorktown Development Associates Trust- F/B/O Donald J. Trump, New Trust- F/B/O Robert S. Trump, New
LLC), New York, New York York, New York York, New York
The Fred C. Trump December 16, 1976 Fred C. Trump GRAT Trust- F/B/O Trust U/W/O Fred C. Trump- F/B/O
Trust- F/B/O Elizabeth J. Trump, Elizabeth Trump Grau, New York, New Elizabeth Trump Grau, New York, New
New York, New York York York
Maryanne Trump GRAT Trust- F/B/O Trust U/W/O Fred C. Trump- F/B/O the The Donald J. Trump grantor Trust -
Elizabeth Trump Grau, New York, New grandchildren of Fred C. Trump, New DJT is the Trustee Successor -
York York, New York Trustee is Donald J. Trump, Jr.,
New York, New York
The Donald J. Trump Revocable Trust, The Police Athletic League, Inc, New DT Bali Golf Manager LLC, New York,
New York, New York York, New York New York
DT Bali Golf Manager Member Corp, DT Bali Hotel Manager LLC, New York, DT Bali Hotel Manager Member Corp,
New York, New York New York New York, New York
DT Bali Technical Services Manager DT Bali Technical Services Manager DT Connect Europe Limited,
LLC, New York, New York Member Corp, New York, New York Turnberry, Scotland
DT Endeavor I LLC, New York, New DT Endeavor I Member Corp, New York, DT Lido Golf Manager LLC, New York,
York New York New York
DT Lido Golf Manager Member Corp, DT Lido Hotel Manager LLC, New York, DT Lido Hotel Manager Member Corp,
New York, New York New York New York, New York
DT Marks Bali LLC, New York, New DT Marks Bali Member Corp, New York, DT Marks Lido LLC, New York, New
York New York York
DT Marks Lido Member Corp, New York, DT Tower I LLC, New York, New York DT Tower I Member Corp, New York,
New York New York
DT Tower II LLC, New York, New York DT Tower II Member Corp, New York, DT Tower Kolkata LLC, New York, New
New York York
DT Tower Kolkata Managing Member DT Venture I LLC, New York, New York DT Venture I Member Corp, New York,
Corp, New York, New York New York
DT Venture II LLC, New York, New DT Venture II Member Corp, New York, DTTM Operations LLC, New York, New
York New York York
DTTM Operations Managing Member, New EID Venture II LLC, New York, New EID Venture II Member Corp, New
York, New York York York, New York
THC DC Restaurant Hospitality LLC, Lamington Farm Club (TRUMP NATIONAL Mobile Payroll Construction LLC, New
New York, New York GOLF CLUB-BEDMINSTER)*, Bedminster, York, New York
NJ
Mobile Payroll Construction Manager C DEVELOPMENT VENTURES LLC, New C DEVELOPMENT VENTURES MEMBER CORP,
Corp, New York, New York York, New York New York, New York
TC MARKS BUENOS AIRES LLC, New York, Midland Associates, New York, New Miss Universe L.P., LLLP (formerly
New York York Trump Pageants, L.P.), New York,
New York
Trump Central Park West Corp, New DT Marks Qatar LLC, New York, New 40 Wall Street LLC, New York, New
York, New York York York
401 North Wabash Venture LLC, 809 North Canon LLC, Beverly Hills, Caribuslness Investments, S.R.L.,
Chicago, IL CA Dominican Republic
County Properties, LLC, Norfolk, VA DJT Aerospace LLC, New York, New DJT Operations I LLC, New York, New
York York
DT Connect II LLC, Palm Beach, Excel Venture I LLC, St. Martin, Fifty-Seventh Street Associates LLC,
Florida French West Indies New York, New York
Pine Hill Development LLC, Pine Seven Springs LLC, Mt. Kisco, NY Trump Turnberry , Turnberry,
Hill, NJ Scotland
The East 61 Street Company, LP, New The Trump Corporation, New York, New TIHT Commercial LLC, New York, New
York, New York York York
TIHT Holding Company LLC, New York, Trump National Golf Club - Hudson Trump National Golf Club -
New York Valley, Hopewell Junction, NY Charlotte, Charlotte, NC
Trump National Golf Club - Trump International Golf Links - Trump Las Vegas Development LLC, Las
Philadelphia, Pine Hill, NJ Scotland, Aberdeen, Scotland Vegas, NV
Trump Marks Asia LLC, Sterling, VA Trump Model Management LLC, New Trump National Golf Club -
York, New York Washington DC, Potomac Falls, VA
1125 South Ocean LLC, Palm Beach, T Promotions LLC, New York, New York HWA 555 Owners, LLC, San Francisco,
Florida CA
1290 Avenue of the Americas, A Trump Tower Triplex, New York, New N/K/A DTW VENTURE LLC, Palm Beach,
Tenancy-In-Common, New York, New York Florida
York
THC Vancouver Management Corp, TNGC Jupiter Management Corp, Trump Toronto Hotel Management Corp,
Vancouver, Canada Jupiter, FL New York, New York
Trump Management Inc., Manhasset, NY THC Miami Restaurant Hospitality THC IMEA Development LLC, New York,
LLC, Miami, FL New York
DT Lido Technical Services Manager Trump Las Vegas Sales & Marketing, Albemarle Estate, Charlottesville,
LLC, Lido, Indonesia Inc., Las Vegas, NV VA
MacLeod House & Lodge, Aberdeen, Trump Golf Links at Ferry Point, New Trump International Golf Club,
Scotland York City, New York Dubai, UAE
Trump World Golf Club Dubai, UAE Trump International Resort & Golf Seven Springs, Bedford, NY
Club Lido, Lido City, Indonesia
Le Chateau des Palmiers, St. Martin, Trump World, Seoul, South Korea Trump Towers, Sunny Isles, FL
French West Indies
D B Pace Acquisition, LLC, New York, DJT HOLDINGS LLC, New York, NY Golf Productions LLC, New York, NY
NY
T International Realty LLC, New THC CENTRAL RESERVATIONS LLC, New THC CHINA DEVELOPMENT LLC, New York,
York, NY York, NY NY
THC SALES & MARKETING LLC, New York, The Trump-Equitable Fifth Avenue TRUMP 106 CPS LLC, New York, NY
NY Company, New York, NY
TRUMP BOOKS LLC /THE MIDAS TOUCH, TRUMP CAROUSEL LLC, New York, NY TRUMP CPS LLC, New York, NY
New York, NY
TRUMP FERRY POINT LLC, New York, NY TRUMP HOME MARKS LLC, New York, NY TRUMP ICE LLC, New York, NY
STORAGE 106 LLC, New York, NY SC CLEVELAND MS MANAGEMENT LLC, T RETAIL LLC, New York, NY
Cleveland, MS
WESTMINSTER HOTEL MANAGEMENT LLC, GOLF RECREATION SCOTLAND LIMITED, TRUMP DEVELOPMENT SERVICES LLC, New
Livingston, NJ Turnberry, Scotland York, NY
4T HOLDINGS TWO LLC, New York, NY T EXPRESS LLC, New York, NY ....................................
----------------------------------------------------------------------------------------------------------------
[[Page H4163]]
amendment no. 313 offered by mr. cohen of tennessee
At the end of title I of division G (before the short
title), insert the following:
Sec. ___. None of the funds made available by this Act may
be used to eliminate dining services on long-distance routes
(as such term is defined in section 24102 of title 49, United
States Code).
amendment no. 320 offered by ms. jackson lee of texas
At the end of title I of division G (before the short
title), insert the following:
Sec. ___. None of the funds made available by division G
of this Act to the Department of Transportation may be used
in contravention of section 306108 of title 54, United States
Code.
amendment no. 322 offered by ms. jackson lee of texas
Page 892, line 15, after the first dollar amount, insert
``(reduced by $1,000,000)''.
Page 892, line 20, after the dollar amount, insert
``(reduced by $1,000,000)''.
Page 900, line 2, after the dollar amount, insert
``(increased by $1,000,000)''.
Page 900, line 4, after the dollar amount, insert
``(increased by $1,000,000)''.
amendment no. 323 offered by ms. jackson lee of texas
Page 1002, line 5, after the dollar amount, insert
``(reduced by $1,000,000)''.
Page 1002, line 14, after the dollar amount, insert
``(increased by $1,000,000)''.
amendment no. 327 offered by mr. levin of michigan
Page 895, line 4, after the dollar amount, insert
``(increased by $1,000,000) (reduced by $1,000,000)''.
amendment no. 331 offered by ms. ocasio-cortez of new york
At the end of division G (before the short title), insert
the following:
Sec. 5__. None of the funds made available in this Act may
be used to implement, administer, or enforce the rule
entitled ``HUD's Implementation of the Fair Housing Act's
Disparate Impact Standard'' published by the Department of
Housing and Urban Development in the Federal Register on
August 19, 2019 (84 Fed. Reg. 42854).
amendment no. 332 offered by ms. ocasio-cortez of new york
At the end of division G (before the short title), insert
the following:
Sec. 5__. None of the funds made available in this Act may
be used to implement, administer, or enforce the rule
entitled ``Preserving Community and Neighborhood Choice''
issued by the Department of Housing and Urban Development on
July 23, 2020 (Docket No. FR 6228-F-01).
amendment no. 339 offered by ms. waters of california
At the end of division G (before the short title), insert
the following new section:
Sec. 5__. None of the funds made available by this Act
shall be used to implement, administer, or enforce the
deadline for compliance with housing counselor certification
requirements under section 214.103(n)(4) of the Secretary of
Housing and Urban Development's regulations (24 C.F.R.
214.103(n)(4)).
The SPEAKER pro tempore. Pursuant to House Resolution 1067, the
gentleman from Indiana (Mr. Visclosky) and the gentleman from Florida
(Mr. Diaz-Balart) each will control 15 minutes.
The Chair recognizes the gentleman from Indiana.
Mr. VISCLOSKY. Madam Speaker, I yield 1 minute to the gentleman from
Michigan (Mr. Levin).
Mr. LEVIN of Michigan. Madam Speaker, I thank the gentleman for
yielding the time.
I rise in support of this en bloc package, which includes three of my
amendments.
My first amendment prioritizes funding to support labor reforms in
Mexico that will improve Mexican and U.S. workers' standards of living
so the USMCA can fulfill its promise.
The second prioritizes BUILD grant funding for green infrastructure
projects that will decarbonize and electrify U.S. ground
transportation.
My final amendment prohibits Secretary DeVos from funneling public
school money to private schools through so-called Education Freedom
Scholarships.
These amendments protect workers, promote investments in green
infrastructure, and safeguard public education.
Madam Speaker, I thank the chair for considering them and I urge my
colleagues to support this package.
Mr. DIAZ-BALART. Madam Speaker, I yield such time as he may consume
to the gentleman from Alaska (Mr. Young), the dean of the House of
Representatives of the United States.
Mr. YOUNG. Madam Speaker, I thank the ranking member, my good friend,
for yielding to me.
You know, the legislation we have been talking about has a lot of
good merits, but I was on the floor last week talking about the mice
that get into a good bill and destroy it by leaving residue behind. It
appears to me now that there is a rat in this bill that is leaving a
lot more behind.
I am talking about an amendment that is offered on the Pebble Mine
that hijacks due process and the scientific process that the sponsors
of this amendment claim to hold so near and dear to their hearts.
The Clean Water Act and the National Environmental Policy Act, NEPA,
are bedrock environmental statutes and they should not be preempted or
short-circuited when it is convenient for groups on either side of the
issue.
The sponsors of this amendment claim the administration is unraveling
NEPA, but it is this amendment that would stymie the process, and it is
disingenuous to want it both ways.
If groups on the other side want to indict the process, then we can
have a debate about the environmental review process in this country,
but to change the rules in the middle of the game is not fair nor
right, especially if it comes from one State to another State.
The Federal permitting process is nearing completion, and I will
respect the end result. I don't know what the result will be.
As the Congressman for all Alaska, again, I am offended--all Members
should be too--when another Congressman gets involved in my State or my
district.
That is wrong. This is the House of Representatives. It is not the
House of the Federal Government.
The House of Representatives speaks for their people, especially when
it comes to States rights.
The people of Alaska have a right to have this decided by the book
and free from interference by parties outside the State that seek to
impose their wills or philosophies on the State and the people.
So, again, Madam Speaker, I want to remind my majority leaders: Let's
stop this rat infestation. Let's keep this pure. Let's be about
appropriations. Let's keep this in mind as we go through this process.
Mr. VISCLOSKY. Madam Speaker, I yield 1 minute to the gentleman from
California (Mr. McNerney).
Mr. McNERNEY. Madam Speaker, first I want to thank the chair and the
ranking member for their hard work in considering all these amendments.
Madam Speaker, my amendment would increase and decrease by $15
million DOE's Energy Information Administration budget to stimulate
more robust data collection and analysis from their commercial and
residential surveys, specifically with regards to water consumption, as
well as to make water consumption data for commercial buildings
available to the public, broken down by principal building activity and
by region.
Our energy and water systems are interdependent.
As water scarcity, availability, and uncertainty become more
prominent, the U.S. energy system risks exposure to potential
associated vulnerabilities.
Therefore, it is time for a more integrated approach to address the
challenges and opportunity of the energy-water nexus.
My amendment aims to assist us in that process by encouraging the EIA
to modify and improve their existing data collection and analysis
programs, enabling us to better collect and utilize energy-water data.
I urge adoption of this amendment.
{time} 1415
Mr. VISCLOSKY. Madam Speaker, I yield 1 minute to the gentlewoman
from Michigan (Ms. Slotkin).
Ms. SLOTKIN. Madam Speaker, on this, the funeral day of the great
John Lewis, I ask my colleagues to support my amendment to fund a
critical source of knowledge for my State, ``The State of Black
Michigan'' report. This amendment comes directly from my meetings with
African-American leaders in my district in the wake of the killing of
George Floyd.
For four decades, researchers at Michigan State University compiled
``The State of Black Michigan'' report. This critical research project
was established in the wake of civil unrest in the 1960s, and until
2007, it did what all good research does: it used hard data and facts,
regardless of politics, to inform and hold elected leaders accountable
for the persistent inequality in housing, healthcare, education,
economic opportunity, and more.
[[Page H4164]]
The work to produce ``The State of Black Michigan'' was spearheaded
by Dr. Joe Darden at Michigan State. It was not easy or cheap, and
since 2007, without a source of dedicated funding, we have been without
the knowledge of this report.
Madam Speaker, now, as the country once again confronts systemic
racism and inequality, we must acknowledge and learn from the
underlying facts to build effective policies. My amendment would
provide a source of funding for efforts such as ``The State of Black
Michigan'' so that we can confront systemic inequalities and actually
do something about these systemic problems.
Mr. VISCLOSKY. Madam Speaker, I yield 1 minute to the gentlewoman
from Washington (Ms. Schrier).
Ms. SCHRIER. Madam Speaker, researchers across the globe are working
on vaccines to protect us from COVID-19, and once rigorous studies are
complete, we will be able to roll this out to the public and provide
protection from this dreadful disease.
But we need to be doing work now to build public trust and vaccine
safety and understand concerns within specific communities. In order to
do that, we need data on vaccine confidence and access broken down by
race, ethnicity, geography, and age.
Just this week, we have seen a prominent example of bad actors who
willfully undermine science, peddle conspiracy theories, and
intentionally spread misinformation.
This won't be the last time. It is going to be hard to counter
sophisticated efforts to sow doubt in vaccine evidence, efficacy, and
safety, and we must reckon with this country's legacy of unconscionable
treatment of people of color.
My amendment ensures that we will get reliable information to the
American people because a safe and effective vaccine is only helpful if
people are confident in it and willing to take it.
Mr. VISCLOSKY. Madam Speaker, I yield 1 minute to the gentleman from
New Jersey (Mr. Norcross).
Mr. NORCROSS. Madam Speaker, I thank the Member for yielding and
including my two amendments in this package.
My first amendment directs OSHA to implement an emergency temporary
standard to protect employees, employers, and customers from COVID-19.
In these chaotic times, standards will provide that predictability we
need. Without these enforceable standards, we can't take that
responsibility to reopen in a safe and effective way.
My second amendment: Health and Human Services must create
comprehensive national testing and tracing for childcare centers.
Essential employees are hard at work. Millions want to get back to
work. Yet, childcare providers can't do the job they need to do to be
safe.
A national testing strategy and contact tracing standard will help
safely reopen these childcare centers. It is what our economy needs. It
is what our kids need and, certainly, what our parents need.
I urge my colleagues to support these amendments, and I thank the
chairman, once again, for his years of service.
Mr. VISCLOSKY. Madam Speaker, I yield 1 minute to the gentlewoman
from New York (Ms. Ocasio-Cortez.)
Ms. OCASIO-CORTEZ. Madam Speaker, I would like to thank the chairman
for including my two amendments here regarding housing discrimination.
Yesterday, the President had tweeted that he was ``happy to inform
all of the people living their suburban lifestyle dream that you will
no longer be bothered or financially hurt by having low-income housing
built in your neighborhood.''
Now, this is classic, textbook discrimination. And we are here to
rise to say: Uh-uh. This is not going to happen on our watch and that
our Nation is strengthened and exemplified by diversity of class, race,
and all backgrounds when it comes to housing; that HUD and the
Department of Housing has an affirmative responsibility to not just
prevent discrimination but to actively dismantle years and decades of
actively racist and discriminatory policy.
That is our responsibility, and we have a responsibility to block
that discriminatory policy wherever we see it.
Mr. VISCLOSKY. Madam Speaker, I yield 1 minute to the gentleman from
California (Mr. Correa).
Mr. CORREA. Madam Speaker, I thank the gentleman for yielding. I am
proud to support the Trahan-Correa amendment.
Our most precious gifts that we have in life are our children. As
parents, nothing is more important than the well-being of our children.
Today, parents across the country are very concerned about their
children's health, as they should be. Parents across this country are
also concerned about their children's education and how to move
forward.
Parents and local school boards, elected by the local voters, are in
the best position to make the decisions on when to open those schools,
and under what circumstances, not Washington bureaucrats.
Mr. VISCLOSKY. Madam Speaker, I yield 1 minute to the gentleman from
Oregon (Mr. Blumenauer).
Mr. BLUMENAUER. Madam Speaker, I am proud to join my friend, Ms.
Ocasio-Cortez' leadership and partnership stopping the Trump
administration's reckless attack on fair housing.
For a century, housing discrimination against Black Americans and
people of color was rampant. They were shut out of programs. It has
been a struggle to be able to engage in fair housing practices.
The Obama administration reversed this disparate treatment by
strengthening the Fair Housing Act. But the current occupant of the
White House has, instead, rescinded the rule with his thinly veiled
racist tweet suggesting that individuals in suburbs will no longer have
to be ``bothered or financially hurt by having low-income housing built
in their neighborhoods.''
This continues a pattern for over a century, one of the reasons that
people of color have been denied housing opportunities and an escalator
to the middle class.
We ought to approve this amendment, push back, and recommit ourselves
on the day that we lay our friend, John Lewis, to rest that we
recognize his commitment to fair housing.
The SPEAKER pro tempore. Members are reminded to refrain from
engaging in personalities toward the President.
Mr. VISCLOSKY. Madam Speaker, I ask for support of the amendment, and
I yield back the balance of my time.
Mr. DIAZ-BALART. Madam Speaker, I yield back the balance of my time.
Mr. McHENERY. Madam Speaker, I rise in strong opposition to the
Pascrell/Kaptur amendment that would increase funding to the United
States Postal Service to carry out a pilot program for postal banking.
In 2018, President Donald Trump created a special task force to
specifically review the Post Office and necessary reforms. The Treasury
Department was directed to release the Task Force's recommendations,
which it did in its report, ``United States Postal Service: A
Sustainable Path Forward.''
In its report, the Task Force was clear: ``given the USPS's narrow
expertise and capital limitations, USPS should not pursue expanding
into new sectors, such as postal banking, the USPS does not have a
demonstrated competency or comparative advantage, or where balance
sheet risk would be added.''
The Post Office agreed. In response to a widely criticized and highly
unusual report by the United States Postal Service Office of Inspector
General (OIG), the Post Office made clear that despite any
recommendations to the contrary from the OIG, the Post Office core
mission ``is delivery, not banking.''
The Government Accountability Office (GAO) agreed. In March, the GAO
released a report finding that new, non-postal services like postal
banking may have limited viability. Based on interviews the GAO
conducted with the USPS officials, postmasters, postal employees, and
consumer groups, GAO cautioned that postal banking may ``generate
minimal revenue and [the] USPS may face factors limiting the viability
of these offerings.''
The Task Force said no. The Post Office said no. The GAO cautioned
against it. Yet there are some in Congress who seemingly have put
blinders on the overwhelming expertise of those who say this is a bad
idea.
The cost of this willful blindness is at the expense of community
banks and small financial institutions. Since Dodd-Frank, community
financial institutions have struggled with the regulatory burdens and
compliance regimes that are now required to provide basic financial
services to more Americans. Allowing the federal government to go into
banking via the Post Office might well be more than these financial
institutions can bear.
[[Page H4165]]
In short, postal banking is a bad idea. And one that I have fought
over the years and will continue to fight as needed going forward.
Ms. JACKSON LEE. Madam Speaker, I rise to speak in strong support of
En Bloc No. 5, to H.R. 7617, the Defense, Commerce, Justice, Science,
Energy and Water Development, Financial Services and General
Government, Labor, Health and Human Services, Education,
Transportation, Housing, and Urban Development Appropriations Act.
I thank Chairman McGovern and Ranking Member Cole for including
several amendments in the rule for House consideration of H.R. 7617.
The Jackson Lee amendments are in the following Divisions:
Division A--Department of Defense;
Division B--Commerce, Justice, Science;
Division F--Labor, Health and Human Services, and Education; and
Division G--Transportation, Housing and Urban Development.
The Jackson Lee Amendments made in order for Division G provide
funding for Fiscal Year 2021 Transportation, Housing and Urban
Development and exemplify the House of Representatives' commitment to
making real policy change and upholding Black Lives.
Three Jackson Lee amendments to this Division are complementary
because they protect the history and culture of Black Lives from our
past into our present by protecting areas that are cited in Public Law
116-111, which enacts H.R. 434, the National Emancipation Historic
Trail Study Act.
The Emancipation National Historic Trail Act would pave the way for
the establishment of only the second nationally recognized historic
trail that chronicles the experience of African Americans in their
struggle for equality and justice.
H.R. 434, the Emancipation National Historical Trail Act, designates
the 51 miles from the historic Osterman Building and Reedy Chapel in
Galveston, Texas, along Highway 3 and I-45, north to Freedmen's Town
and Emancipation Park in Houston, Texas as a national historic trail.
The key amendments to Division G of H.R. 7617, are: Jackson Lee
Amendments No. 320, No. 321, and No. 323, which are included in En Bloc
No. 5.
Jackson Lee Amendment No. 320, included in En Bloc No. 5, prohibits
the Department of Transportation from using funds for Section 106
Transportation construction projects in urban areas that have not been
determined to meet the statutory and fiduciary obligations of the
National Historic Preservation Act.
Jackson Lee Amendment No. 322, included in En Bloc No. 5, provides
$1,000,000 in assistance to address challenges faced by communities
impacted by persistent poverty and are not included in decision making
when major highway construction threatens their homes, businesses, and
culturally significant structures.
These two amendments make a statement in support of preserving the
history of Black Lives, because this history matters.
Through these lives, a nation was forged out of what should have
taken hundreds of years for America to rival Europe in economic might,
industrial capacity, and military strength, it took less than a hundred
because of forced labor worked beyond human capacity, compassion, or
decency under a system of chattel slavery, which was more cruel than
any conceived form of forced involuntary labor prior to what was
created in the United States.
Some may ask, why do we need an H.R. 40, the Commission to Study and
Develop Reparation Proposals for African-Americans Act, it is because
we have not, as a nation nor as a people, gotten to the truth about
what chattel slavery was, why those who created it thought it was
necessary, and what steps were taken to poison every institution known
to mankind to accept it as natural, normal and in many records as
``compassionate''.
Until we understand what was done, why it was done, and how it was
achieved, there is no method to chart a course out of it, to get beyond
its influence, to fully eradiate it from our minds, institutions, and
way of life.
One of the vestiges of slavery is how government entities treat
African Americans' right to own property--a home is the single greatest
source of wealth for black people living within the United States.
Achieving homeownership is celebrated and the home becomes a source
of stability for the family over multiple generations.
Stable communities led to the establishment of places of worship,
businesses, as well as social and cultural centers of life within
residential areas.
One of these historic communities is Independence Heights, which
began in the 1900s, a time in which African Americans faced enormous
difficulties securing property and establishing a place to live in the
South.
Having faith in the message of self-determination advocated by Booker
T. Washington, the early pioneers of Independence Heights secured
property from the Wright Land Company, set up their own system of
governance, and became the first town incorporated by African Americans
in Texas in 1915.
Annexed by the City of Houston in 1929, Independence Heights remains
a community that reflects and cherishes its values, accomplishments,
and history to this day.
This area and others cited in Public Law 116-111 are under threat
from the Texas Department of Transportation starting after World War
II, when major highway construction was invoked nationally, and has
continued to the present day.
For more than 14 years, Texas Department of Transportation (TxDOT)
has been planning the North Houston Highway Improvement Project
(NHHIP), a massive expansion of Interstate 45 that will completely
reshape freeway transit around downtown Houston, with major changes to
I-45, I-69, I-10 and Hwy 288 over the next decade.
These changes will threaten the Near Northside of Houston, taking way
the Leonel Castillo Community Center and Greater New Hope Missionary
Baptist Church along with seven other historic churches in Independence
Heights.
The proposed expansion of I-45 north of downtown to Beltway 8 will
result in impacts to neighborhoods along either side of I-45 North, as
hundreds of residents face displacement.
Located just northwest of the intersection of I-610 and I-45, the
historic neighborhood of Independence Heights is one of those
neighborhoods facing said impacts.
Unfortunately, in 2019 when TxDOT made public its report on the
Project's expected impacts to historical resources required under the
National Environmental Policy Act (NEPA), the agency completely left
Independence Heights out of its survey.
Independence Heights is listed in the National Register of Historic
Places as the first state chartered community of former slaves and is a
destination site on state historic heritage trails such as the Texas
Independence Trail and holds the distinction as the first town
incorporated by African Americans in the state of Texas.
After World War II, the construction of the I-45 and 610 Loop
isolated Independence Heights from the rest of the city of Houston.
Starting after World War II, the push to build highways accelerated
and the brunt of the pain for this growth was felt by black and brown
communities not just in Texas but everywhere massive projects were
undertaken.
Once again, I-45 has planned major reconstruction that could impact
communities of color, including historic black neighborhoods like
Independence Heights and the Fifth Ward, as plans call for demolishing
homes and businesses to accommodate more roadway space.
TxDoT has not been kind to Independence Heights or other communities
around the network of freeways and interchanges in the downtown area.
Over the decades, these same areas have lost hundreds of homes,
businesses and historic places to massive rebuilds and new construction
has taken hundreds of homes and historic sites from Independence
Heights.
TxDOT's plans for the I-45 massive rebuild seem to have relied on
previous policies of the past I-610 freeway construction for the
current plan to take neighborhood property.
Today, the world has changed--and the faith of historic places and
the community that cherishes them can take comfort in knowing that H.R.
434, the ``Emancipation National Historic Trail Study Act,'' became
Public Law 116-111 on January 27, 2020.
The ambition of taking on the effort of building a national historic
trial was made possible by the dedication and hard work of local
historic preservationists who tell the story of the African American
experience.
Jackson Lee Amendment No. 323, included in En Bloc No. 5, increases
by $1,000,000 the Office of Fair Housing and Equal Opportunity to
address the fairness in the use of Community Development Block Grant
Disaster funding to repair or replace single family homes damaged
during Hurricane Harvey to ensure that multigenerational homes can
house the family at documented predisaster capacity.
This amendment addresses the unfair action taken to diminish the
quality of repairs or replacement of homes damaged by Hurricane Harvey.
The law providing the final supplement for disaster recovery for
Hurricanes Harvey and Maria disaster housing recovery provisions of the
bill allowed local jurisdictions to be in control over recovery or
repair of single and multi-family housing.
The City of Houston applied for and was awarded the grant to replace
or repair single and multi-family housing for city residents.
The state of Texas General Land Office is attempting to take back the
grant and replace the city's plan to repair or replace housing with a
plan to only repair two bedrooms no matter how many the home had at the
time of the storm's damage.
The City of Houston strongly opposes the Texas General Land Office's
(``GLO'') proposal
[[Page H4166]]
to eliminate all City-administered CDBG-DR 17 program funding for
several reasons.
First, the City's programs are successful and on schedule. For
example, even though the City is only 1.5 years into its grant: $446
million (35 percent) of total funds allocated to the City has already
been designated for the specific properties or projects at which the
assistance is to be used. $153 million (12 percent) is already under a
signed contract that obligates its use to deliver recovery services,
with more contracts being signed on a weekly basis.
The City's Single-Family programs have already fully served 234
homeowners, with another 246 families submitted to or approved by GLO
and currently being served.
At the current pace, the City will serve 1000 families for each of
the next 4 years before the end of the contract, for an estimated total
served of 4,480 families.
Second, the City's programs are better and more appropriate for the
citizens of the City than those the GLO has implemented.
As intended by the U.S. Department of Housing and Urban Development
(``HUD''), the City's programs are serving the most vulnerable families
first.
This prioritization addresses systemic racial inequalities that have
regularly occurred in prior disaster recovery efforts, including the
disaster recovery programs previously overseen by the State.
Specifically, the City has adjusted its approach to ensure Houston's
most vulnerable residents are not left behind because of regulatory or
bureaucratic barriers erected by the State or any other entity.
This number does not include contracts for third-party vendors.
The City's multifamily program will create units that are affordable
for more than twice as long the State's program, will serve far more
very low income families than the State's program, and is attracting
seven times the amount of funding leverage (a requirement of the CDBG-
DR 17 program) as compared to the State's program.
The City's program provides more recovery choices to Hurricane
Harvey-impacted renters allowing them to use recovery funds to become
homeowners. The State's program does not provide this option.
The third reason the city of Houston is opposing the GLO's proposed
amendment to the grant award is because it violates the terms of its
subrecipient agreement, GLO Contract No. 19-147-001-B489, as amended,
with the City (the ``Contract'').
Section 2.03 of the Contract provides that amendments to increase or
decrease the amount of the subaward must be made by written agreement
of the parties and the City has not consented to any reduction in its
subaward.
Funding under the Contract has not been reduced or terminated.
The City is performing under the terms of the Contract and has not
defaulted under the Contract.
Finally, the GLO has demonstrated that it has a difficult time
complying with HUD requirements and with establishing and communicating
its own bureaucratic and confusing requirements to the City.
Two years ago, as it was drafting its own plan for the $5 billion
recovery funds, the GLO failed to provide appropriate community
engagement in Houston and Harris County, jurisdictions representing
half of the state's total residential damage from Harvey.
Due to the above failure, HUD directed the State to allow the City to
submit its own action plan, directed by and informed by Houstonians. As
directed by HUD and agreed to by the State, the GLO's only role as the
passthrough entity for the funding was to ensure compliance with HUD
regulations.
The State has failed in this role, by making up requirements for the
City's programs completely unrelated to any set by HUD but especially
in its review of the City's home repair program.
Having decided to impose far more requirements than originally agreed
to by the City or required by HUD, the GLO failed to communicate these
additional requirements at the beginning of the program--using instead
its Requests for Information (``RFIs'') process to reject files and
repeatedly changing its process along the way in order to continue
rejecting files submitted by the City.
For these reasons, and to protect the homes of hundreds of Black
Homeowners, it matters that the city, so long as it meets or exceeds
the expectations for recovery of homes post Hurricane Harvey, they
should be allowed to continue the work.
I urge all my colleagues to vote in support of En Bloc No. 5 and the
Jackson Lee Amendments.
City of Houston,
Houston, Texas, July 28, 2020.
Hon. Sheila Jackson Lee,
House of Representatives,
Washington, DC.
Dear Congresswoman Jackson Lee: On behalf of the City of
Houston, I am writing to express strong support of your
amendment #38 House Resolution 7617 regarding common-sense
approach to providing disaster recovery assistance to
households with homes damaged by Hurricane Harvey.
In Houston, many of our lower-income seniors live in single
family homes that are their only asset. Of course, homeowners
who have lived in homes with more than two bedrooms for many
years would want to retain the value of that precious asset,
even as they may need significant federal help to reconstruct
their homes. Our desired standard is to rebuild a three-
bedroom home for households of four of fewer people for
people whose homes had three of more bedrooms before the
storm.
While this is the standard outline in City of Houston
guidelines, we are subject to rules set by the Texas General
Land Office (GLO). GLO requires that occupancy as the sole
factor for determining the size of rebuilt homes. Under GLO
rules, people who have lived for many years in a three- or
four-bedroom home would be forced to accept a two-bedroom
home as a condition of receiving Harvey assistance.
This policy will have the unintended effect of depressing
property values across those neighborhoods, while this
amendment will help address that disparity and is consistent
with the feedback from Houstonians.
We must work together to ensure that Houston has a health
housing stock of the future, and that vulnerable Houstonians
who receive much-needed recovery funds after Harvey are not
forced to unreasonable downsize longstanding family homes as
a condition of receiving assistance.
Sincerely,
Sylvester Turner,
Mayor.
____
City of Houston,
Houston, Texas, July 28, 2020.
Hon. Sheila Jackson Lee,
House of Representatives,
Washington, DC.
Dear Congresswoman Jackson Lee: The City of Houston
(``City'') strongly opposes the Texas General Land Office's
(``GLO'') preposterous proposal to eliminate all City-
administered CDBG-DR 17 program funding for several reasons.
First, the City's programs are successful and on schedule.
For example, even though the City is only 1.5 years into its
grant:
$446 million (35%) of total funds allocated to the City has
already been designated for the specific properties or
projects at which the assistance is to be used.
$153 million (12%) is already under a signed contract that
obligates its use to deliver recovery services, with more
contracts being signed on a weekly basis.
The City's Single-Family programs have already fully served
234 homeowners, with another 246 families submitted to or
approved by GLO and currently being served. At the current
pace, the City will serve 1000 families for each of the next
4 years before the end of the contract, for an estimated
total served of 4,480 families.
Second, the City's programs are better and more appropriate
for the citizens of the City than those the GLO has
implemented.
As intended by the U.S. Department of Housing and Urban
Development (``HUD''), the City's programs are serving the
most vulnerable families first. This prioritization addresses
systemic racial inequalities that have regularly occurred in
prior disaster recovery efforts, including the disaster
recovery programs previously overseen by the State.
Specifically, the City has adjusted its approach to ensure
Houston's most vulnerable residents are not left behind
because of regulatory or bureaucratic barriers erected by the
State or any other entity.
The City's multifamily program will create units that are
affordable for more than twice as long the State's program,
will serve far more very low income families than the State's
program, and is attracting 7 times the amount of funding
leverage (a requirement of the CDBG-DR 17 program) as
compared to the State's program.
The City's program provides more recovery choices to
Hurricane Harvey-impacted renters allowing them to use
recovery funds to become homeowners. The State's program does
not provide this option.
Third, the GLO's proposed amendment violates the terms of
its subrecipient agreement, GLO Contract No. 19-147-001-B489,
as amended, with the City (the ``Contract'').
Section 2.03 of the Contract provides that amendments to
increase or decrease the amount of the subaward must be made
by written agreement of the parties and the City has not
consented to any reduction in its subaward.
Funding under the Contract has not been reduced or
terminated.
The City is performing under the terms of the Contract and
has not defaulted under the Contract.
Finally, the GLO has demonstrated that it has a difficult
time complying with HUD requirements and with establishing
and communicating its own bureaucratic and confusing
requirements to the City.
Two years ago, as it was drafting its own plan for the $5
billion recovery funds, the GLO failed to provide appropriate
community engagement in Houston and Harris County,
jurisdictions representing half of the state's total
residential damage from Harvey.
Due to the above failure, HUD directed the State to allow
the City to submit its own action plan, directed by and
informed by
[[Page H4167]]
Houstonians. As directed by HUD and agreed to by the State,
the GLO's only role as the passthrough entity for the funding
was to ensure compliance with HUD regulations. The State has
failed in this role, by making up requirements for the City's
programs completely unrelated to any set by HUD but
especially in its review of the City's home repair program.
Having decided to impose far more requirements than
originally agreed to by the City or required by HUD, the GLO
failed to communicate these additional requirements at the
beginning of the program--using instead its Requests for
Information (``RFIs'') process to reject files and repeatedly
changing its process along the way in order to continue
rejecting files submitted by the City.
1. The City's programs are successful and on schedule by
any measure and there is no reasonable rationale for taking
away City administration of the programs. Such an action only
creates delays and harms the citizens of Houston.
Community Engagement & Outreach
The City's Hurricane Harvey recovery programs were designed
with significant community consultation, reaching nearly
4,500 citizens. In response to the destruction that Hurricane
Harvey caused, Congress allocated $5.024 billion to the State
of Texas in September 2017. In March 2018, the State of Texas
announced that the City would have local control over $1.15
billion of these funds. When the State of Texas released its
State Action Plan in April 2018, the City had a short window
of time in which to develop an Action Plan for its portion of
the allocated funds. To increase transparency in the process
and support community efforts that promote the ``right to
stay, right to choose'' framework promoted by housing
advocates locally, the City's Housing and Community
Development Department (``HCDD'') initiated its largest
community engagement effort to date. Partners, organizations,
and consulting teams, including building community WORKSHOP
([be]) and the Community Design Resource Center, were engaged
to increase the success and reach of the engagement process.
What the City heard from Houstonians is summarized as
follows: Neighborhoods want a voice in the process of
prioritizing where the money goes. Housing advocates want to
ensure that Houston's low- to moderate-income residents are
prioritized in this recovery effort. Past recovery efforts
led by the State fell short and heighten the desire by
Houstonians for transparency and community participation in
the disaster recovery decision making process. Housing and
neighborhood advocates affirm the right of residents to have
a say in what happens in their neighborhoods. A partnership
approach between the City and community groups is the
appropriate model to pursue.
Multifamily Program
The multifamily program that resulted from the City's
community consultation was designed to specifically address
community concerns and needs, including flooding concerns,
fair housing considerations, and replacement of affordable
rental units lost in the storm. The City's multifamily
program provides loans to local multifamily developments that
agree to reserve a certain number of units for families at or
above the poverty level for many decades. CDBG-DR multifamily
funding can be used to rehabilitate or build new, affordable
apartment buildings. While the City's programs respond to
basic HUD requirements for targeting the majority of
assistance to low-income families, the City's programs go
much further to fully address the unmet needs in Houston. The
City's multifamily programs are a model for how to spend and
leverage federal funds to maximize their benefit to low-
income Houstonians. Specifically, the City's multifamily
program achieves the following: More resilient design to
ensure these homes are not flooded in the next storm;
Equitable placement throughout the City to affirmatively
further fair housing; Long-term affordability through a
mandatory minimum affordability period of 40 years of
affordability; Reserving a significant number of units for
occupancy by extremely low-income and very low-income
families; Leveraging CDBG-DR resources to augment the Federal
dollars and attract tax credits, bank loans and philanthropic
funds; and Expanding workforce protections to ensure those
building the homes have a livable wage, a safe work
environment and a career path.
The program includes requirements to ensure that
developments constructed with City dollars are built to
withstand future storm damage. As part of its resiliency
planning, during Round2 of the City's multifamily application
process, the City instituted additional design standards to
ensure that the new developments would withstand future
flooding. These standards provide guidance for multifamily
building owners on a variety of retrofit strategies and
outline mitigation strategies against a variety of hazards.
Applicants were required to provide the City preconstruction,
design phase information showing the planned project will
incorporate resilient building measures to protect residents
from future disasters. For new construction or major
rehabilitation projects, this requires identification of a
minimum of 12 resilient project points. Resilient Areas where
developments were graded are based on the Enterprise Ready to
Respond: Strategies for Multifamily Building Resilience in
the areas of protection, adaptation, back up measures and
community as follows:
Protection--Applicants are required to design a minimum of
two distinct strategies to reduce a building's vulnerability
to extreme weather.
Adaptation--Applicants are required to design a minimum of
three distinct strategies that improve a facility's ability
to adapt to changing climate conditions
Back up measures--Applicants are required to design at
least one strategy that provide critical needs when a
facility loses power or other services.
Community--Applicants incorporate two strategies that
encourage behavior which enhances resilience
Green Building Standard--Applicants are required to build
their development to one of four energy efficiency standards
(HUD requirement)
Solar--Applicants are required to design buildings to be
solar ready (HUD requirement)
Electric Vehicles (``EV'')--Applicants are required to
incorporate standards to be ready to implement EV charging
stations
Substantial amendments are to be reviewed by HUD for
clarity. As shown above, Action Plan Amendment 7 is simply
not clear. It is confusing and misleading, especially with
regard to programs operated within the City.
Action Plan Amendment 7 does not adequately address fair housing needs
in the City
We are further concerned that the GLO's efforts to replace
the City's CDBG-DR 17 programs with GLO's more limited
programs will expose the GLO, and potentially the City, to
potential fair housing claims. The City's programs were
specifically designed to address affirmatively furthering
fair housing objectives and nondiscrimination in the City.
The City prioritized our assistance in the single family
programs for our most vulnerable and impacted citizens, which
are often protected classes (including people of color and
persons with disabilities). The City prioritized the new
rental units created in the multifamily program in
neighborhoods of opportunity, ensured that more units are
available long-term to very low income families, and we have
maximized our investment of federal resources through
requiring developers to obtain significant leverage of other
private and public dollars. Both GLO and HUD are currently
being sued for fair housing violations by renters and low-
income families who believed GLO's allocation of funds and
program design discriminates against renters (who in Texas
are also disproportionately protected classes) and does not
properly take into account the needs of Texans impacted by
Hurricane Harvey. We would think that, rather than apply
programs that are already under fire for fair housing
violations in Houston, the GLO would welcome the continued
operation of programs that better address the fair housing
needs of the citizens of the City and are not the subject of
active fair housing litigation.
conclusion
These comments highlight the numerous flaws in Action Plan
Amendment 7. It is not approvable by HUD and requires
substantial revision. While the City urges the GLO to cease
its unreasonable efforts and revise the Action Plan Amendment
7 to allow the City to continue to administer its programs
and help the citizens of Houston, we note separately that any
substantive revision to this Amendment should be subject to
further public comment. The GLO should draft a sensible,
approvable Amendment 7 and re-issue for the required public
comment.
In the alternative, GLO should not submit Action Plan
Amendment 7 as drafted to HUD. If GLO chooses to do so, HUD
should reject the portions of the amendment that eliminate
the City's administration of its allocation of CDBG-DR 17
funds so as to enable the citizens of Houston to access much-
needed funds and services. HUD should reject the amendment on
the ground that it is incomplete and does not fully respond
to the applicable criteria governing the CBGD-DR program. In
the alternative, HUD should modify the grant such that it
becomes a direct grant to the City, rather than one
administered by the State.
____
July 22, 2020.
Hon. Jim McGovern,
Chairman, House Committee on Rules, House of Representatives,
Washington, DC.
Hon. Tom Cole,
Ranking Member, House Committee on Rule, House of
Representatives, Washington, DC.
Re: Support of Congresswoman Sheila Jackson Lee--Amendment
#30 (``Amendment #30'') to Division C of H.R. 7608, the
State, Foreign Operations, Agriculture, Rural
Development, Interior, Environment, Military
Construction, and Veterans Affairs Appropriations Act
(``Div. C of H.R. 7608'').
Dear Chairman McGovern and Ranking Member Cole: We write to
express our overwhelming support for Congresswoman Sheila
Jackson Lee's Amendment #30 to Div. C of H.R. 7608. Div. C of
H.R. 7608 will provide Fiscal Year 2021 funding to the
Department of Interior, and the National Parks Service
(''NPS'') which manages our nation's parks, monuments, and
federally recognized historic trails.
As you are aware, Amendment #30 proposes that $6 million of
the funds allocated to the NPS should be used to address the
backlog of
[[Page H4168]]
national historic trail studies authorized by law, with
special attention to enacted trail studies, relating to the
history of underrepresented groups. Amendment #30 is of
particular importance to us as it relates to H.R. 434--
Emancipation National Historic Trail Study Act and the
Emancipation National Historic Trail (the ``Emancipation
National Historic Trail'')--a 51-mile route showing the
migration of newly freed slaves and other people of African
descent in the 19th century. The Emancipation National
Historic Trail begins at the location of the famous June 19,
1865, Juneteenth Announcement, commemorating the ending of
slavery in Texas, and follows the route of the newly freed
and formerly enslaved persons into Houston, Texas, and ends
in Emancipation Park and the historic Independence Heights.
The Emancipation National Historic Trail will become only the
second trail in the 243-year history of the United States to
commemorate the history of African Americans. Currently, the
National Parks Service has only one other National Historic
Trail which centers on the African American experience. It is
the Selma to Montgomery National Historic Trail, which covers
a 54-mile path between Selma and Montgomery, Alabama, and
which was named a national historic trail in 1996. The Selma
to Montgomery trail tells an important story about a pivotal
moment in the nation's struggle transitioning from a history
of segregation towards the modem Civil Rights Movement.
The goals of the Emancipation National Historic Trail are
the restoration, resurrection, and ascension of historical
memory. It is a remarkable story and one that all Americans
can be proud to share with the world. However, this cannot
occur without direct financial support as offered by
Amendment #30 to Div. C of H.R. 7608. Indeed, Amendment #30
would preserve critical periods of U.S. history not otherwise
represented in existing Federal trails or historic places.
Amendment #30 provides support for the commencement of the
Emancipation National Historic Trail study and will support
additional studies that have been approved by Congress and
signed into law. Your support and championing of
Congresswoman Sheila Jackson Lee's Amendment #30 is
appreciated as it will provide vital resources for this
historic endeavor.
Sincerely,
Samuel L. Collins JJJ,
Owner Stringfellow Orchards.
____
July 22, 2020.
Hon. Jim McGovern,
Chairman, House Committee on Rules, House of Representatives,
Washington, DC.
Hon. Tom Cole,
Ranking Member, House Committee on Rules, House of
Representatives Washington, DC.
Re Support of Congresswoman Sheila Jackson Lee's Amendment
#78 (``Amendment #78'') Division C of H.R. 7608, the
State, Foreign Operations, Agriculture, Rural
Development, Interior, Environment, Military
Construction, and Veterans Affairs Appropriations Act,
2021 (``Div. C of H.R. 7608'').
Dear Chairman McGovern and Ranking Member Cole: We write to
express our overwhelming support for Congresswoman Jackson
Lee's Amendment #78 to Div. C of H.R. 7608. Div. C of H.R.
7608 will provide Fiscal Year 2021 funding to the Department
of Interior, which includes the National Parks Service
(``NPS'') which manages our nation's parks, monuments, and
federally recognized historic trails.
As you are aware, Amendment #78 seeks to provide $2 million
to promote collaborations between Historically Black College
and Universities (``HBCUs'') and local historic societies to
identify, restore, and preserve places of historic
significance to African Americans that are at risk of being
lost. Amendment #78 is of particular importance to us as it
relates to H.R. 434--Emancipation National Historic Trail
Study Act and the Emancipation National Historic Trail (the
``Emancipation National Historic Trail'')--a 51-mile route
showing the migration of newly freed slaves and other people
of African descent in the 19th century. The Emancipation
National Historic Trail begins at the location of the famous
June 19, 1865, Juneteenth Announcement, commemorating the
ending of slavery in Texas, and follows the route of the
newly freed and formerly enslaved persons into Houston,
Texas, and ends in Emancipation Park and the historic
Independence Heights. Amendment #78 would permit local
history preservationist to collaborate with students at HBCUs
on projects such as the Emancipation National Historic Trail
and other projects to reclaim treasures that would otherwise
be lost for future generations, and would train young people
in some of the vital fields that are needed to support the
protection of historic treasures in underserved communities.
We ask that you support Congresswoman Jackson Lee's
Amendment #78 to Div. C of H.R. 7608 because it is needed and
would contribute to the important work of saving historic
places of significance to African Americans by enriching the
lives of students and offer career opportunities to them in
history preservation.
Sincerely,
E.J. Scott
____
July 28, 2020.
Hon. Jim McGovern,
Chairman, House Committee on Rules,
House of Representatives, Washington, DC.
Hon. Tom Cole,
Ranking Member, House Committee on Rules,
House of Representatives, Washington, DC.
RE Support of Congresswoman Sheila Jackson Lee--Division G
Amendment #36 (``Division G Amendment #36'') and,
Division G Amendment #38 (``Division G Amendment #38''),
H. R. 7617, the Defense, Commerce, Justice, Science,
Energy and Water Development, Financial Services and
General Government, Homeland Security, Labor, Health and
Human Services, Education, Transportation, Housing, and
Urban Development Appropriations Act.
Dear Chairman McGovern and Ranking Member Cole: We write to
express our overwhelming support for Congresswoman Sheila
Jackson Lee's Amendment #36 and Amendment #38, H. R. 7617.
As you are aware, Rules #36 Prohibits the Department of
Transportation from using funds for Section 106
Transportation construction projects in urban areas that have
not been determined to meet the statutory and fiduciary
obligations of the National Historic Preservation Act.
Also, the Rules #38 amendment provides $1,000,000 in
assistance to address challenges faced by communities
impacted by persistent poverty and are not included in
decision making when major highway construction threatens
their homes, businesses, and culturally significant
structures.
Amendment #36 and #38 are of particular importance to us as
it relates to H.R. 434--Emancipation National Historic Trail
Study Act and the Emancipation National Historic Trail (the
``Emancipation National Historic Trail'') --a 51-mile route
showing the migration of newly freed slaves and other people
of African descent in the 19th century. The Emancipation
National Historic Trail begins at the location of the famous
June 19, 1865, Juneteenth Announcement, commemorating the
ending of slavery in Texas, and follows the route of the
newly freed and formerly enslaved persons into Houston,
Texas, and ends in Emancipation Park and the historic
Independence Heights. The Emancipation National Historic
Trail will become only the second trail in the 243-year
history of the United States to commemorate the history of
African Americans. Currently, the National Parks Service has
only one other National Historic Trail which centers on the
African American experience. It is the Selma to Montgomery
National Historic Trail, which covers a 54-mile path between
Selma and Montgomery, Alabama, and which was named a national
historic trail in 1996. The Selma to Montgomery trail tells
an important story about a pivotal moment in the nation's
struggle transitioning from a history of segregation towards
the modern Civil Rights Movement.
The goals of the Emancipation National Historic Trail are
the restoration, resurrection, and ascension of historical
memory. It is a remarkable story and one that all Americans
can be proud to share with the world. However, this cannot
occur without direct support as offered by Amendment #36 and
#38, H.R. 7617. Indeed, Amendment #36 and Amendment #38 would
preserve critical periods of U.S. history not otherwise
represented in existing Federal trails or historic places.
Your support and championing of Congresswoman Sheila
Jackson Lee's Amendment #36 and #38 is appreciated as it will
provide vital resources for this historic endeavor.
Sincerely,
Eileen Lawal,
Chairwoman, Houston Freedmen's Town Conservancy.
Zion Escobar,
Executive Director, Houston Freedmen's Town Conservancy.
L.J. Bremond,
Emancipation Park Conservancy.
Naomi Carrier,
Texas Center for African Living History, Emancipation Trail
Action Group (HAG), POC.
Tanya Debose,
Independence Heights Redevelopment Council, Inc.
Alicia Neel, EPC,
Deputy Direct & EMAS Manager, Emancipation Development
Council.
Dolores Rogers,
Emancipation Economic Development Council--Board Member.
[[Page H4169]]
____
Independence Heights Redevelopment Council, Inc.,
Houston, Texas, July 28, 2020.
RE Support of Congresswoman Sheila Jackson Lee--Division G
Amendment #36 (``Division G Amendment #36'') and,
Division G Amendment #38 (``Division G Amendment #38''),
H. R. 7617, the Defense, Commerce, Justice, Science,
Energy and Water Development, Financial Services and
General Government, Homeland Security, Labor, Health and
Human Services, Education, Transportation, Housing, and
Urban Development Appropriations Act
Hon. Jim McGovern,
Chairman, House of Representatives, Washington, DC.
Hon. Tom Cole,
Ranking Member, House of Representatives, Washington, DC.
Dear Chairman McGovern and Ranking Member Cole: On behalf
of the community of Independence Heights we are sending this
letter to show our support for Congresswoman Sheila Jackson
Lee's Amendment #36 and Amendment #38, H. R. 7617.
As you are aware, Rules #36 Prohibits the Department of
Transportation from using funds for Section 106
Transportation construction projects in urban that have not
been determined to meet the statutory and fiduciary
obligations of the National Historic Preservation Act. As our
community is one of the identified places on the National
Emancipation Historic Trail, we are facing extreme pressure
from gentrification and impending displacement and cultural
erasure as a result of the North Houston Highway Improvement
Project. More specifically, we are faced with the loss of
many key historic structures in our community that will
contribute to our placement on the historic trail. Supporting
this amendment is key for our community as it will help
protect the remaining historical and culturally significant
structures
Also, the Rules #38 amendment provides $1,000,000 in
assistance to address challenges faced by communities
impacted by persistent poverty and are not included in
decision making when major highway construction threatens
their homes, businesses, and culturally significant
structures.
Amendment #36 and #38 are of particular importance to us as
it relates to H.R. 434--Emancipation National Historic Trail
Study Act and the Emancipation National Historic Trail (the
``Emancipation National Historic Trail'')--a 51-mile route
showing the migration of newly freed slaves and other people
African descent in the 19th century. The Emancipation
National Historic Trail begins at the location of the famous
June 19, 1865, Juneteenth Announcement, commemorating the
ending of slavery in Texas, and follows the route of the
newly freed and formerly enslaved persons into Houston,
Texas. The route includes historic places such as
Emancipation Park and our community, historic Independence
Heights. This historic trail will become only the second
trail in the 243-year history of the United States to
commemorate the history of African Americans. Currently, the
National Parks Service has only one other National Historic
Trail which centers on the African American experience. It is
the Selma to Montgomery National Historic Trail, which covers
a 54-mile path between Selma and Montgomery, Alabama,
established in 1996. The Selma to Montgomery trail tells an
important story about a pivotal moment in the nation's
struggle transitioning from a history of segregation towards
the modem Civil Rights Movement.
The goals of the Emancipation National Historic Trail are
the restoration, resurrection, and ascension of historical
memory. It is a remarkable story and one that all Americans
can be proud to share with the world. It should also be noted
that without these proposed amendments, these communities are
in threat of losing the physical evidence of their existence.
We encourage your support of these amendments and invite
your direct support as offered by approving Amendment #36 and
#38, H. R. 7617.
Sincerely,
Tanya Debose,
Independence Heights Redevelopment Council, Inc.
____
Houston Society for Change,
Houston, TX, July 28, 2020.
Hon. Jim McGovern,
Chairman, House Committee on Rules,
House of Representatives, Washington, DC.
Hon. Tom Cole,
Ranking Member, House Committee on Rules,
House of Representatives, Washington, DC.
RE Support of Congresswoman Sheila Jackson Lee--Division G
Amendment #36 (``Division G Amendment #36'') and,
Division G Amendment #38 (``Division G Amendment #38''),
H.R. 7617, the Defense, Commerce, Justice, Science,
Energy and Water Development, Financial Services and
General Government, Homeland Security, Labor, Health and
Human Services, Education, Transportation, Housing, and
Urban Development Appropriations Act.
Dear Chairman McGovern and Ranking Member Cole: We write to
express our overwhelming support for Congresswoman Sheila
Jackson Lee's Amendment #36 and Amendment #38, H.R. 7617.
As you are aware, Rules #36 Prohibits the Department of
Transportation from using funds for Section 106
Transportation construction projects in urban areas that have
not been determined to meet the statutory and fiduciary
obligations of the National Historic Preservation Act.
Also, the Rules #38 amendment provides $1,000,000 in
assistance to address challenges faced by communities
impacted by persistent poverty and are not included in
decision making when major highway construction threatens
their homes, businesses, and culturally significant
structures.
Amendment #36 and #38 are of particular importance to us as
it relates to H.R. 434--Emancipation National Historic Trail
Study Act and the Emancipation National Historic Trail (the
``Emancipation National Historic Trail'')--a 51-mile route
showing the migration of newly freed slaves and other people
of African descent in the 19th century.
The Emancipation National Historic Trail begins at the
location of the famous June 19, 1865, Juneteenth
Announcement, commemorating the ending of slavery in Texas,
and follows the route of the newly freed and formerly
enslaved persons into Houston, Texas, and ends in
Emancipation Park and the historic Independence Heights. The
Emancipation National Historic Trail will become only the
second trail in the 243-year history of the United States to
commemorate the history of African Americans. Currently, the
National Parks Service has only one other National Historic
Trail which centers on the African American experience. It is
the Selma to Montgomery National Historic Trail, which covers
a 54-mile path between Selma and Montgomery, Alabama, and
which was named a national historic trail in 1996. The Selma
to Montgomery trail tells an important story about a pivotal
moment in the nation's struggle transitioning from a history
of segregation towards the modern Civil Rights Movement.
The goals of the Emancipation National Historic Trail are
the restoration, resurrection, and ascension of historical
memory. It is a remarkable story and one that all Americans
can be proud to share with the world. However, this cannot
occur without direct support as offered by Amendment #36 and
#38, H.R. 7617. Indeed, Amendment #36 and Amendment #38 would
preserve critical periods of U.S. history not otherwise
represented in existing Federal trails or historic places.
Your support and championing of Congresswoman Sheila
Jackson Lee's Amendment #36 and #38 is appreciated as it will
provide--vital resources for this historic endeavor.
Sincerely,
Carl Davis,
Chairman.
The SPEAKER pro tempore. Pursuant to House Resolution 1067, the
previous question is ordered on the amendments en bloc offered by the
gentleman from Indiana (Mr. Visclosky).
The question is on the amendments en bloc.
The en bloc amendments were agreed to.
A motion to reconsider was laid on the table.
Amendment No. 219 Offered by Mr. Allen
The SPEAKER pro tempore. It is now in order to consider amendment No.
219 printed in House Report 116-461.
Mr. ALLEN. Madam Speaker, I have an amendment at the desk.
The SPEAKER pro tempore. The Clerk will designate the amendment.
The text of the amendment is as follows:
At the end of division F (before the short title), insert
the following:
Sec. __. The total amount of appropriations made available
by this Act is hereby reduced by 5 percent.
The SPEAKER pro tempore. Pursuant to House Resolution 1067, the
gentleman from Georgia (Mr. Allen) and a Member opposed each will
control 5 minutes.
The Chair recognizes the gentleman from Georgia.
Mr. ALLEN. Madam Speaker, last week, I stood before this body as we
voted on the first spending package, which, like this package, was
enormous and brought before this House without enough time to learn
where the American people's tax dollars are actually going.
Today, we are considering 6 of the 12 traditional appropriation bills
in one package.
We must get back to regular order and a process where we can
carefully consider and examine each bill and one that works for the
American people. The bills in this package would spend $1.3 trillion in
total discretionary spending, a 13.9 percent increase from the budget
that was agreed to.
I would once again like to state for the record that the Democratic
majority can't even stick to the bipartisan budget that was agreed to
last year.
The first appropriations package that was passed last week contains
$37 billion in emergency measures, and this package adds another $207
billion of such spending. With that addition, according to the
Congressional Budget
[[Page H4170]]
Office estimate, this level of spending is 23.5 percent higher than the
President's request.
No business or family in this country would ever dream of spending
money like this that they don't have and have no idea where they are
going to get it. So why does this body think we are an exception?
Unfortunately, that is business as usual for the 116th Congress.
My amendment today is simple. It would reduce the total amount of
funding for the Labor, HHS, and Education division by 5 percent for
fiscal year 2021.
HHS alone is a $1.2 trillion agency. It employs hundreds of lawyers.
Without my amendment, the division provides a net total of $222.4
billion in fiscal year 2021 discretionary budget authority.
If you do the math, my amendment would cut about $9.8 billion. I urge
my Democratic colleagues to support my amendment since they will still
be overspending, but just a little bit less than they initially
intended.
I just want to note that I wanted to offer a 5 percent cut to
multiple divisions throughout this bill, but continuing the Democrats'
shadowy process, only this one amendment to this bill was ruled in
order.
We can no longer neglect our national debt crisis, which is at
unsustainable heights. It is morally wrong to burden our children and
grandchildren with excessive debt because we can't seem to get our act
together and exercise fiscal constraint.
Let me explain myself like this: How in the world can we create a
standard of healthcare and a standard of living in this country on the
backs of our children and grandchildren? We can't pay for it. So what
do we do? We send it to our children and grandchildren and I don't know
how many generations.
I urge my colleagues in this body to support my amendment today, and
let's start having a serious discussion about how we can once again
unleash economic growth in this country by restraining spending.
I reserve the balance of my time.
{time} 1430
Ms. DeLAURO. Madam Speaker, I rise in opposition to the amendment.
The SPEAKER pro tempore. The gentlewoman from Connecticut is
recognized for 5 minutes.
Ms. DeLAURO. Madam Speaker, I would just say to the gentleman, I hope
he had the same concern about what happens to our children and
grandchildren as he may have supported the unbelievable--what is it?--
$2 trillion in tax cuts for the wealthiest 1 percent of the people in
this Nation.
Again, I rise in opposition to the amendment. It would cut funding
for important programs and services that provide for working families
in this country. Many of these programs are already underfunded; they
fail to meet the existing need.
For instance, the amendment would cut Head Start by $538 million,
leading to thousands of children losing access to high-quality early
learning programs, and that would be on the backs of today where we
don't have an administration that wants to do anything about the loss
of childcare in this country. They would cut the Childcare and
Development Block Grant by almost $300 million at a time when childcare
is in crisis. More than half of childcare programs could close if we do
not provide emergency funding.
Just yesterday, this House passed two emergency bills to bring much-
needed relief to childcare providers, and yet this amendment would cut
funding for childcare.
It would cut the Low Income Home Energy Assistance Program, LIHEAP, a
bipartisan priority, by $188 million.
How about senior nutrition, which it would cut, including Meals on
Wheels, by almost $50 million, resulting in 10 million fewer home-
delivered or prepackaged meals for low-income seniors.
Think about it. Think about that.
It would cut biomedical research at the National Institutes of Health
by $2.3 billion, resulting in a reduction of nearly 2,500 new research
grants.
It would cut title 1 funding for our public schools by $828 million,
reducing needed resources for 25 million low-income students.
It would cut special education grants to States by $648 million. That
would reduce support to provide services for 7.4 million students with
disabilities, curtailing their ability to succeed.
It would cut Federal financial aid programs, Pell grants, the SEOG
program, and the Work-Study Program by $1.2 billion for students and
for families in need.
It would cut funding for job training programs by $185 million,
resulting in fewer supports for Americans who are seeking better
opportunities for themselves and for their families.
It would cut funding by $122 million meant to help States manage and
administer unemployment insurance claims and benefits for struggling
Americans.
Today, people are not even sure if their unemployment benefits are
going to be cut off tomorrow unless the Senate would move and pass the
HEROES bill, where we extend unemployment benefits. But, no, this
amendment would cut $122 million, again, cutting the unemployment
insurance program.
This is about values. Budgets are about values, and $135 billion that
is in the CARES bill has gone to or was prepared to go to 43,000
taxpayers at $1.6 million as a tax rebate going back to 2018, 2019 when
no one had even heard of the coronavirus. But that is okay. That is
okay. We can pass that. We can do something about that because of whom
it benefits.
Think about whom we need to benefit in this institution and what our
responsibilities are. Our responsibilities are to the working families
and the essential workers today who are on the front lines trying to
just be able to get by and also to save themselves, their health, and
their families.
Madam Speaker, I urge my colleagues to oppose this amendment, and I
yield back the balance of my time.
Mr. ALLEN. Madam Speaker, in response, I understand that we are in
unprecedented times, but H.R. 7617 moves our Nation in the wrong
direction.
We talk about values. Those same children who are in Head Start
programs 20 years from now are going to be trying to find a job. Five
months ago, we had the best economy in the world. We had more jobs than
we had people looking for jobs.
Isn't that what America is all about: living the American Dream?
Yet what we are doing is those same children--and we say we care
about the children--where are you going to get the money? Where are you
going to get it? Off their backs?
Madam Speaker, we can't continue this, and I yield back the balance
of my time.
The SPEAKER pro tempore. Pursuant to House Resolution 1067, the
previous question is ordered on the amendment offered by the gentleman
from Georgia (Mr. Allen).
The question is on the amendment.
The question was taken; and the Speaker pro tempore announced that
the noes appear to have it.
Mr. ALLEN. Madam Speaker, on that I demand the yeas and nays.
The SPEAKER pro tempore. Pursuant to section 3 of House Resolution
965, the yeas and nays are ordered.
Pursuant to clause 8 of rule XX, further proceedings on this question
are postponed.
Amendment No. 239 Offered by Ms. Finkenauer
The SPEAKER pro tempore. It is now in order to consider amendment No.
239 printed in House Report 116-461.
Ms. FINKENAUER. Madam Speaker, I have an amendment at the desk.
The SPEAKER pro tempore. The Clerk will designate the amendment.
The text of the amendment is as follows:
Page 749, line 7, after the dollar amount, insert
``(increased by $12,000,000)''.
Page 780, line 11, after the first dollar amount, insert
``(reduced by $12,000,000)''.
The SPEAKER pro tempore. Pursuant to House Resolution 1067, the
gentlewoman from Iowa (Ms. Finkenauer) and a Member opposed each will
control 5 minutes.
The Chair recognizes the gentlewoman from Iowa.
Ms. FINKENAUER. Madam Speaker, I rise to offer this amendment to
double Federal research funding for endometriosis over the level for
fiscal year 2019.
Endometriosis is a painful, chronic condition affecting 1 in 10
women, 7 million women in the United States, with serious costs to
their physical and emotional health and quality of life. Despite the
prevalence of this disease
[[Page H4171]]
and the many women who have it, it remains misunderstood,
underresearched and underfunded.
Women and their caregivers, alike, often suffer from a lack of
awareness about the symptoms of endometriosis and the disease itself.
This is a profound and heavy moment for me right now because of the
fact that, back in March, I came down to this Chamber and shared
publicly for the very first time that I, too, suffer from
endometriosis. You see, Madam Speaker, at the time when I gave my
speech, I wanted to make sure that folks knew that I could still do my
job, that, yes, I have this painful condition, but that I was tough and
I could still do my job and my work.
Luckily, I have been able to do that. I have my entire career. But
what I realized since sharing my story is that I am absolutely one of
the lucky ones, because this condition affects people in all different
ways and in all different severities.
I happened to have been fortunate to find out at a young age when my
mother believed my pain. This is for the women whom I have heard from
who have reached out and who have suffered in silence, the ones whose
bodies this condition has attacked in even more severe ways, who have
had to drop out of the workforce because of the severity of their
condition, the ones who have lost decades of their lives and their
future family plans in pain because there weren't better options and
there weren't any answers. They are warriors, they are tough, and they
are braver than we deserve.
Today, we uplift those voices along with the truth that we must do
more. You see, Madam Speaker, it is imperative that, with this funding,
not only do we raise awareness of this issue, but we fight for better
options: more than just one or two pills that don't necessarily work
for every woman; more than extreme surgeries like cauterization or
hysterectomies; and education and work to bring equity to other
surgeries that are more advanced but yet specialized and available to
so few because of the cost so that more women can get the care that
they need and, quite frankly, deserve.
At the same time, we need to also figure out why this condition
happens in the first place. Does it start at birth? Does it happen
later in life? Can it happen starting in adolescence?
There are so many unknowns in this condition that we have known about
since the 1920s. Again, 7 million women have it currently in the United
States.
Today, we push forward. Today, we celebrate a win. But today is just
the beginning. We will continue to uplift and increase awareness,
funding, and research every single step of the way.
It has been an honor to hear the stories of the women who have
reached out. They have told me, after reaching out and hearing their
story, their pain described for the first time ever on the House floor,
that they felt for the first time that they were not alone. After
hearing their stories, they have made me feel not alone, and we will
continue together. We have so much work left to do, and they are the
reason we will not stop fighting.
I fully urge the adoption of this amendment.
Madam Speaker, may I inquire how much time remains.
The SPEAKER pro tempore. The gentlewoman has 30 seconds remaining.
Ms. FINKENAUER. Madam Speaker, I yield 30 seconds to the gentlewoman
from Connecticut (Ms. DeLauro).
Ms. DeLAURO. Madam Speaker, let me thank the gentlewoman for her
passion, her concern, her courage, and her leadership on this issue.
There really isn't much more to say. I thank her for standing up for
women and for health.
I am a survivor of ovarian cancer. The gentlewoman is tough. She is a
warrior. She represents those who are suffering in pain every single
day, when nearly 1 in 10 women are affected by this condition.
Madam Speaker, I urge my colleagues to support this amendment and
support women's health research. It is imperative that women are able
to survive endometriosis.
Ms. FINKENAUER. Madam Speaker, I yield back the balance of my time.
The SPEAKER pro tempore. Pursuant to House Resolution 1067, the
previous question is ordered on the amendment offered by the
gentlewoman from Iowa (Ms. Finkenauer).
The question is on the amendment.
The amendment was agreed to.
A motion to reconsider was laid on the table.
Amendment No. 241 Offered by Mr. Foster
The SPEAKER pro tempore. It is now in order to consider amendment No.
241 printed in House Report 116-461.
Mr. FOSTER. Madam Speaker, I have an amendment at the desk.
The SPEAKER pro tempore. The Clerk will designate the amendment.
The text of the amendment is as follows:
Strike section 510 of division F.
The SPEAKER pro tempore. Pursuant to House Resolution 1067, the
gentleman from Illinois (Mr. Foster) and a Member opposed each will
control 5 minutes.
The Chair recognizes the gentleman from Illinois.
Mr. FOSTER. Madam Speaker, this bipartisan amendment offered by Mr.
Kelly and me and supported, also, by Mr. Schweikert and Dr. Bera, would
strike section 510, which bans HHS from adopting standards for a unique
patient identifier that would allow patients to be identified uniquely
across electronic health record systems.
In the 21 years that this misguided policy has been in place, tens of
thousands of Americans have died due to getting the wrong drug to the
wrong patient or due to incorrect or incomplete electronic medical
records, all arising from the inability to simply and correctly merge
health records from different systems.
Matching records properly requires a unique identifier for each
patient. A Federal ban on doing this properly makes our healthcare
system more expensive and less safe for patients.
A Johns Hopkins study recently calculated that more than 250,000
deaths per year are due to medical errors, and patient
misidentification is a significant contributor to this.
{time} 1445
This ban is also handcuffing us in our fight against opioids. A 2018
roundtable on the opioid crisis, cohosted by HHS and the nonprofit
Center for Open Data Enterprise, recommended the generation of a unique
identifier for each patient.
This would not only guard against so-called ``doctor shopping'' for
opioids by those struggling with substance use disorder, but could also
prevent those in recovery from accidentally being given prescription
opioids after an injury, surgery, or childbirth, thereby triggering a
relapse.
Finally, the ability to identify patients across the care continuum
is also critical in our efforts to address the COVID-19 pandemic.
Accurate identification of patients is one of the most difficult and
crucial operational issues during a public health emergency. Field
hospitals and temporary testing sites in parks, convention centers, and
parking lots only intensify these challenges.
Laboratories that are testing patient specimens for COVID-19 are
reporting that patient misidentification is causing COVID-19 test
results to be returned to the wrong patient with potentially deadly
consequences.
Madam Speaker, repealing this ban tackles a known and fixable problem
in our healthcare system. I urge support for this bipartisan amendment,
and I reserve the balance of my time.
Mr. KELLY of Pennsylvania. Madam Speaker, I rise in opposition,
although I am not opposed to the amendment.
The SPEAKER pro tempore. Without objection, the gentleman from
Pennsylvania is recognized for 5 minutes.
There was no objection.
Mr. KELLY of Pennsylvania. Madam Speaker, I thank the gentleman for
yielding. It is nice working with the gentleman. This has been a couple
of years in the making, and it is way over time.
First, let's understand one thing: name and date of birth just isn't
cutting it anymore, so this ban on HHS promulgating a unique patient
identifier has resulted in a lot of American lives lost.
Madam Speaker, Mr. Foster already referenced a Johns Hopkins study
that said up to 250,000 deaths per year--and I want you to think about
that number--250,000 deaths per year are due to medical error. When we
are talking today about the number of deaths from the coronavirus, and
saying now it has
[[Page H4172]]
gone over 145,000, these are deaths caused by a virus. And then here,
we have another opportunity, if we are using the right data, we could
possibly wipe out medical errors just by having access to that data and
being able to cross-reference. Mr. Foster also referenced about opiates
that sometimes patients are prescribed as a way to handle the pain.
Madam Speaker, I sat in the emergency room with one of my children.
And a doctor said to him: We found out what you have; you do have MRSA.
It is on your hip, and we are going to have to operate on you, and we
are going to have to be able to try and scrape that off. Although it
won't be gone forever, it will take care of the problem right now. This
is what I am going to do. And he went through the procedure.
He also talked about the anesthesia that he was going to use. And he
said to him: Do you have any problem with anything I have told you?
And my son said: No, none at all.
Well, luckily, I was sitting there. I said: Well, Doctor, the fact
that he is a heroin addict, would that have any effect?
The doctor looked up and said: Oh, my God. Thank God you said
something about it, because that would absolutely be fatal for him.
Madam Speaker, it is not just happening in studies. We are seeing it
on the floor all the time in our hospitals. We are seeing that somehow
data that is available is not being made available because of some
archaic ban. Somebody says: No, we shouldn't have access because it
just doesn't make sense.
It does make sense. It makes all the sense in the world.
In the year 2020, and what we are looking at right now, and we are
talking about finding a cure for the coronavirus and doing it in a safe
and smart way, why wouldn't we be able to look at all the data that is
available? Why wouldn't we be able to cross-reference it? Why would we
sit in the dark and say, this is my best guess? It doesn't have to be
that way.
Madam Speaker, I thank the gentleman from Illinois (Mr. Foster). This
has been over 2 years trying to get this, and I feel very certain we
will get it done, but this just makes sense.
Quite frankly, the stuff we have been using for the last several
decades it just--maybe back in 1999, when it was an issue for somebody,
it made sense. Not today; not in 2020; not in the world we live in; not
in the danger that we are putting people in just because we don't
always have the right data in front of us. And we can do that. We have
the ability to do that.
Madam Speaker, I yield back the balance of my time.
Mr. FOSTER. Madam Speaker, I yield 1 minute to the gentlewoman from
Connecticut (Ms. DeLauro), chairwoman of the Appropriations, Labor-HHS
and Education Subcommittee.
Ms. DeLAURO. Madam Speaker, I thank the gentleman for yielding.
Madam Speaker, I rise in support of Congressman Foster's amendment,
and was fascinated listening to the bipartisan support for this effort.
This brings down the skyrocketing cost of healthcare, a universal
interoperable patient identifier, reducing avoidable administrative
errors as has been pointed out, and that is being further exacerbated
by COVID-19 today.
So we learned during this pandemic that accurate identification of
patients is one of the most difficult operational issues in the field.
Field hospitals, temporary testing sites are gathering demographic
information of patients, but correctly matching that result after they
return from labs is time-intensive, sometimes inaccurate, and it is a
burden for the healthcare system.
I also would make one point, and I have expressed this to my
colleague, Mr. Foster. We have to do this in a way that protects the
sensitivity of an individual's medical information and that person's
right to privacy cannot be compromised. So we need to be firm, clear on
that principle. I think it can be developed in a way that doesn't
compromise right-to-privacy.
Madam Speaker, I urge my colleagues to support this amendment.
Mr. FOSTER. Madam Speaker, I thank the gentleman from Pennsylvania
(Mr. Kelly), my colleague, for cosponsoring this bipartisan amendment
so that we can move our healthcare system into the 21st century, save
money, and, most importantly, save lives.
Madam Speaker, this amendment is supported by over 50 health groups,
including the American Heart Association, the American College of
Obstetricians and Gynecologists, the American College of Physicians,
the American College of Surgeons, the College of Healthcare Information
Management Executives, the Opioid Safety Alliance, and many others.
Madam Speaker, last year, the House resoundingly passed this
amendment to strike this ban. I urge my colleagues to once again pass
this amendment. I urge the Senate to take proper action when we do, and
I yield back the balance of my time.
The SPEAKER pro tempore. Pursuant to House Resolution 1067, the
previous question is ordered on the amendment offered by the gentleman
from Illinois (Mr. Foster).
The question is on the amendment.
The amendment was agreed to.
A motion to reconsider was laid on the table.
Amendment No. 334 Offered by Mr. Posey
The SPEAKER pro tempore. It is now in order to consider amendment No.
334 printed in House Report 116-461.
Mr. POSEY. Madam Speaker, I have an amendment at the desk.
The SPEAKER pro tempore. The Clerk will designate the amendment.
The text of the amendment is as follows:
Page 954, line 4, after the dollar amount, insert
``(increased by $2,000,000) (reduced by $2,000,000)''.
The SPEAKER pro tempore. Pursuant to House Resolution 1067, the
gentleman from Florida (Mr. Posey) and a Member opposed each will
control 5 minutes.
The Chair recognizes the gentleman from Florida.
Mr. POSEY. Madam Speaker, residents and local businesses along the
way have expressed concerns about the upcoming high-speed rail project
being built along Florida's east coast and through my district.
A high number of fatalities have already been associated with the
train since the South Florida operations began in 2018. In fact, over
the past 3 years, 75 deaths have been reported along the rail corridor,
with more than 40 deaths involving the new high-speed train.
Last year, the Associated Press analyzed data from the Federal
Railroad Administration and concluded that the project had ``the worst
per-mile death rate of the Nation's 821 railroads.''
These trains will travel at fast speeds through existing town centers
and residential areas in my district, with little separating the tracks
from the surrounding communities. I have had concern for local schools
in my district. There are several that are positioned very close or
adjacent to the tracks; Gifford Middle School and North County
Elementary School in Vero Beach, and Ascension Catholic School in
Melbourne, just to name a couple of them. Many students walking to and
from school must cross these tracks, and we all have an interest in
their safety.
Madam Speaker, I thank my good friend and colleague, Congressman
Brian Mast, for working together with me on this amendment, and for
standing up for the safety of our constituents. Our amendment simply
asks the Federal Railroad Administration and the Federal Highway
Administration to conduct a pedestrian, motorist, and student safety
study along the corridor and report back their recommendations to
increase safety. The amendment simply increases the FRA's rail safety
operations budget by $2 million from the program's reserve funds.
My office reached out to both the FRA and the FHWA for technical
assistance on doing such a study, and neither agency expressed any
objection whatsoever. In fact, FRA expressed support for it.
Staff from both the minority and the majority offices assisted in
drafting this amendment, and I sincerely want to thank them for working
together and stepping up to help on this.
The rail corridor is the recipient of Federal money and has been
authorized for private activity bonds, so the Federal Government has
been involved in the funding and financing of this project. Since
Federal resources are being expended, it only makes sense that we
should make sure it is safe for the surrounding communities.
[[Page H4173]]
The introduction of high-speed rail for our Florida communities will
undoubtedly present safety challenges that need to be properly
addressed, and that is the purpose of this amendment.
I ask my colleagues to join us in looking out for the safety of our
residents, motorists, and school children, and support our amendment.
Madam Speaker, I yield back the balance of my time.
Mr. PRICE of North Carolina. Madam Speaker, I claim the time in
opposition, although I want to support the bill, if that is acceptable.
The SPEAKER pro tempore. Without objection, the gentleman from North
Carolina is recognized for 5 minutes.
There was no objection.
Mr. PRICE of North Carolina. Madam Speaker, I yield 1 minute to the
gentleman from Florida (Mr. Mast).
Mr. MAST. Madam Speaker, I appreciate the gentleman yielding me the
time.
Madam Speaker, I also rise in support of my colleague. I rise in
support of my colleague, Mr. Posey's amendment, specifically because
what is going on with Virgin Trains and Brightline, it affects my
community as well.
This project, it goes through some very dense communities with very
little room between it and the people who live there. Hundreds of the
crossings that we have that go through our community, nearly all of
them, are at grade, directly encountering the traffic that they travel
so close to. There are several schools in close proximity to the rail
tracks, often placing children in significant danger of this project.
This amendment, which I am very proud to cosponsor, would divert $2
million from the Railroad Rehabilitation and Improvement Financing loan
program for a study on pedestrian safety related to this project--very
worthy cause.
This is a commonsense, public safety provision that will help to keep
children and people in our community safe.
Madam Speaker, I thank the gentleman for yielding me time.
Mr. PRICE of North Carolina. Madam Speaker, I rise in support of this
amendment.
Madam Speaker, the rail safety issues that our colleagues raise are
not limited to the State of Florida. They are severe in Florida, but
they are, in fact, national problems.
Communities across the country are working to address highway-rail
grade crossing safety, to prevent trespassing on railroad rights-of-
way, and to mitigate blocked railroad crossings. In fact, the two
leading causes of all rail-related fatalities are collisions at
highway-rail grade crossings and trespassing on railroad rights-of-way.
This bill will provide communities and the Federal Railroad
Administration with tools to mitigate these safety risks and to develop
local solutions--specifically:
$110 million in grants for highway-rail grade crossing improvement
projects;
$25 million for capital projects and engineering solutions targeting
trespassing;
$10 million to continue media campaigns focused on grade crossing
safety;
And $3.6 million for FRA to develop risk models, bolster community
outreach and education, and support enforcement grants.
In addition, the bill requires FRA to continue to update each year
its national strategy to prevent trespassing on railroad property, so
we can have the most current data available and better understand the
progress being made or the challenges that remain in reducing
trespasser fatalities.
Madam Speaker, I commend my colleagues for offering this amendment,
for calling attention to this issue, and I pledge to continue to work
with them as we address railroad safety.
Madam Speaker, I yield back the balance of my time.
The SPEAKER pro tempore. Pursuant to House Resolution 1067, the
previous question is ordered on the amendment offered by the gentleman
from Florida (Mr. Posey).
The question is on the amendment.
The amendment was agreed to.
A motion to reconsider was laid on the table.
{time} 1500
Amendment No. 335 Offered by Ms. Sherrill
The SPEAKER pro tempore. It is now in order to consider amendment No.
335 printed in House Report 116-461.
Ms. SHERRILL. Madam Speaker, I have an amendment at the desk.
The SPEAKER pro tempore. The Clerk will designate the amendment.
The text of the amendment is as follows:
Page 954, line 15, after the dollar amount, insert
``(reduced by $5,000,000) (increased by $5,000,000)''.
The SPEAKER pro tempore. Pursuant to House Resolution 1067, the
gentlewoman from New Jersey (Ms. Sherrill) and a Member opposed each
will control 5 minutes.
The Chair recognizes the gentlewoman from New Jersey.
Ms. SHERRILL. Madam Speaker, I yield myself such time as I may
consume.
Madam Speaker, I rise today to speak about an issue critical to the
residents of New Jersey.
I applaud Chairwoman Lowey, Chairman Price, and the Appropriations
Committee for this important legislation, which includes significant
new investments in transit to modernize our crumbling bridges and
tunnels and will jump-start our economy, create jobs, and improve the
quality of life for New Jersey commuters.
My amendment demonstrates the strong support this bill provides for
the Gateway tunnel project and other important rail projects throughout
the Nation.
Of great importance to New Jersey is this legislation's focus on new
rail infrastructure investment, including renewed funding for Amtrak's
Northeast Corridor, the Capital Investment Grants program, and the
State of Good Repair Grants program.
The Nation's most critical surface infrastructure project is the
Gateway tunnel project. A failure of the current Hudson River tunnels
could send the Nation into an even greater recession and cost the
economy an estimated $100 million a day.
A planned, partial closure of the existing Hudson River tunnel could
wipe out $22 billion in property values in New Jersey alone.
New Jersey and the Nation need funding to build Gateway and
revitalize the similarly outdated transportation infrastructure across
the country.
In May of 2019, I testified in front of the House Transportation and
Infrastructure Committee about the desperate need for a dedicated
source of passenger rail capital funding that could be used to expedite
the funding process for large projects like Gateway.
One program that can fill this important role is the Federal Railroad
Administration's Northeast Corridor grant program for Amtrak, which
provides funding for capital projects to expand passenger rail capacity
and reliability along the most heavily used rail line in the Nation.
This legislation provides almost $1.2 billion for this program, a
significant step in expediting funding for the Gateway project.
Another important program for this task is the Federal Safe
Partnership for State of Good Repair program, which provides funding to
rehabilitate rail infrastructure and improve passenger rail
performance.
A critical barrier to moving the Gateway project forward has been the
administration's flawed interpretation of State of Good Repair funding
as only being available to infrastructure projects in the construction
phase. That is in spite of the fact that the FAST Act of 2015, which
created the program, intended the funding to also go toward projects in
the planning and review phases.
I sent a letter to the Transportation and Infrastructure Committee
last year, urging that their surface transportation bill include
language that explicitly allows projects in the design, planning, and
review stages to be eligible for State of Good Repair grants. I was
greatly pleased to see this exact language included in this
legislation. It is an important step that will help expedite the
funding that is available for Gateway.
It is concerning that even when the administration has approved
grants for Gateway, it has slow-walked that process and continuously
made grant awards months after they were expected. As a result, the
entire process for utilizing those funds to conduct planning, reviews,
and construction has been delayed for long periods.
This legislation requires that for both the State of Good Repair
program
[[Page H4174]]
and the Consolidated Rail Infrastructure and Safety Improvements
program, the Department of Transportation issue notices about the
availability of funds and provide those funds within a set period of
time after this bill goes into effect, which will stop DOT from slow-
walking this important process.
Finally, the Federal Transit Administration currently requires that a
project receive a medium or higher rating before it finalizes an
environmental impact statement that is critical for that project to
move forward but often then refuses to grant Gateway projects that
rating. This bill prohibits the FTA from making this requirement for
the environmental impact statement.
We have a tremendous opportunity to green-light funding for the
critical rail projects of the future with smart investments now.
I thank Chairwoman Lowey and the committee for the great work they
have done with this legislation, and I hope we can pass this bill that
is so important for the residents of New Jersey and the Nation.
Madam Speaker, I yield back the balance of my time.
Mr. PRICE of North Carolina. Madam Speaker, I claim the time in
opposition to the amendment, although I am not opposed to the
amendment.
The SPEAKER pro tempore. Without objection, the gentleman from North
Carolina is recognized for 5 minutes.
There was no objection.
Mr. PRICE of North Carolina. Madam Speaker, I yield myself such time
as I may consume.
Madam Speaker, I rise in strong support of this amendment. The
Federal-State partnership for State of Good Repair Competitive Grant
program is vital to improving passenger rail infrastructure all along
Amtrak's Northeast Corridor and across the Nation.
I have traveled firsthand to see the Portal Bridge, the Hudson
tunnels, the other infrastructure on the Northeast Corridor that we
must upgrade as part of the critical Gateway program. This corridor is
significant not just to New York, not just to New Jersey, but to the
entire Nation's economy.
At the request of my colleague from New Jersey--whose amendment I
commend--and others from the region, this bill includes important new
flexibilities in the program which should help jump-start rail
projects.
The bill rejects the administration's flawed decision to restrict
project eligibility to final design and construction activities and
makes important early-stage project activities like design,
engineering, environmental studies, and acquiring rights of way
eligible for funding.
Given the strain the coronavirus pandemic has placed on the budgets
of State and local governments, Amtrak, and others, the bill eliminates
the selection preference for projects which have a 50 percent or higher
non-Federal match.
The bill also provides strong funding through other programs which
could advance the rail infrastructure projects that make up the Gateway
program, including $5.75 billion for Amtrak's Northeast Corridor, $7.2
billion for Capital Investment Grants (CIGs), $5.5 billion for CRISI,
and $4 billion for the BUILD program.
In addition, the bill directs the administration to administer the
CIG program as required by law, including a prohibition on requiring
that certain financial metrics be met for projects before they finalize
environmental reviews.
So I commend my colleague for her amendment. I look forward to
working with her and others with a strong interest in this matter to
support investments in Gateway and other important rail infrastructure
all across this country.
Madam Speaker, I yield back the balance of my time.
The SPEAKER pro tempore. Pursuant to House Resolution 1067, the
previous question is ordered on the amendment offered by the
gentlewoman from New Jersey (Ms. Sherrill).
The question is on the amendment.
The amendment was agreed to.
A motion to reconsider was laid on the table.
The SPEAKER pro tempore. Pursuant to clause 1(c) of rule XIX, further
consideration of H.R. 7617 is postponed.
____________________